HomeMy WebLinkAbout2015-08-04-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MINUTES
August 4, 2015
Approved: August 18, 2015
Present: Chairman John Wertis; Board Members Sarah Adams, David Blake, David Diaz, and
Craig Salino; Environmental Planner Darby Kiley.
Members of the Public Present: Carl Lupo, Paul Miller Jr., Mark Scibilia-Carver, William
Miller, Paul Ginalski, Renata Dawson, Mark Finnigan, Violette Banks, Anita Fitzpatrick, Dale
and Marilyn Rose, James Brown, and Jeff Brown.
Call to Order at: 7:00 p.m.
Agenda Review; Minutes Review (7/21/2015)
Mr. Blake MADE the MOTION to approve the July 21, 2015 meeting minutes, and Mr. Salino
SECONDED the MOTION. The minutes were unanimously approved, 5-0.
Public Hearing: Consideration of SEQR and Preliminary Subdivision Approval for the
proposed five -lot subdivision on a parcel with frontage on the south side of Cold Springs Rd and
the west side of Trumansburg Rd, Tax Parcel Number 25.-1-1.1, H1 -Hamlet District. The
proposal is to create five lots for single-family residences, where the lots would have the
following dimensions: Lot 1 with 2.212 +/- acres and 96.57 +/- feet of frontage on Cold Springs
Rd; Lot 2 with 3.575 +/- acres and 50.00 +/- ft of frontage on Cold Springs Rd; Lot 3 with 3.704
+/- acres and 50.00 +/- feet of frontage on Trumansburg Rd; Lot 4 with 1.752 +/- acres and
153.21 +/- feet of frontage on Trumansburg Rd; and Lot 5 with 6.262 +/- acres and 147.13 +/-
feet of frontage on Trumansburg Rd. Carl Lupo and Leon Newhart Jr, Owners/Applicants; Jose
Guisado, Agent.
Mr. Wertis MADE the MOTION to open the public hearing, and Mr. Blake SECONDED the
MOTION. The motion was unanimously approved.
Mr. Lupo gave a brief overview of the proposed development project, saying he decided on lots
for residential homes instead of leveling the area and putting in 16 low-income units. He tried to
keep the project as low-density as possible and to not disturb the surrounding wooded area.
William Miller said his first concern was the potential for the five lots to be subdivided in the
future. Mr. Lupo said that decision would be left to the property owner, who would then need
Planning Board approval. Another resident asked about water run-off and erosion. Ms. Kiley
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disturbance is equal to or exceeds 1 acre. An erosion and sediment plan is required when land
disturbance is between 1 and 5 acres, and any disturbance exceeding 5 acres would need
something like a swale or pond, she said LS QGffD Ulh )SFZOQQ �. as of disturbance are
Planning Board 2
August 4, 2015
under 5 acres. Asked by an audience member about the extent of land disturbance, Mr. Lupo said
he intends only to remove the trees obstructing home construction and to retain the natural
aesthetic of the surrounding wooded area.
Jim Brown believes the project to be a good plan. The Town needs more affordable housing ❑
not low-income or $300,000 homes, he said. The project will increase tax rolls, and it
compliments the Jacksonville Hamlet well. He said Jacksonville has a lot of homes that look nice
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latter. Ms. Adams noted the Planning Board has no control over how much these single-family
homes will cost or what they will sell for.
Mr. Blake stated one of the issues with the project relates to the number of driveway cutouts.
Plans include two driveways on Cold Springs Road and three on Route 96. Tompkins County
planners have expressed their preference to limit the number of driveways on Route 96.
Mr. Rose asked if the proposed homes would be included in the Jacksonville water district. Mr.
Lupo said they would be included, and natural gas would be supplied to the homes as well. All
homes would have septic systems and leach fields, he added.
Responding to a question from Mr. Rose about lot -clearing, Mr. Lupo said there will be plenty of
trees in the area once land is cleared to accommodate house construction. Thinning part of the
area will allow other younger trees to grow. Also, there are roughly 20 downed trees in the wet
areas of the property. Better to harvest them now than to let them die, he said.
Mr. Wertis MADE the MOTION to close the public hearing, and Mr. Blake SECONDED the
MOTION. The motion was unanimously approved.
Planning Board members were informed of a written comment submitted by Michael Boggs.
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part of the record.
Mr. Wertis MADE the MOTION to re -open the public hearing, and Mr. Blake SECONDED the
MOTION. The motion was unanimously approved.
August 4, 2015
Darby Kiley - Planner
Town of Ulysses
10 Elm Street
Trumansburg, NY 14886
Re: Public Hearing: Consideration of SEQR and Preliminary Subdivision approval for
the proposed five lot subdivision on a parcel with frontage on the south side of Cold
Springs Rd and the west side of Trumansburg Rd Tax Parcel Number 25.-1-1.1.
Dear Ms Kiley
Planning Board 3
August 4, 2015
I have the following comments/concerns regarding the subdivision noted above. Please
see the reference notes on the attached proposed subdivision map.
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that the road is named after. I would be disappointed to see this dug up and simply
buried with a drainage pipe. Please refer to 17.6.2 Stream Protection Setback in the
Town of Ulysses Zoning Law regarding minimum buffer requirements. The subdivision
map shows the minimum circle for a septic system on the spring.
2) Setbacks: Please refer to 14.5 Lot area and Yard Requirements in the Town of Ulysses
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of our laws. How will the Town of Ulysses deal with additional structures in this
kNEC[YWRQ' 1114 XRVATMinimum rear yard setback shall be 35 feet, except for detached
garages and other accessory structures, in which case the minimum setback shall be 5
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3) Please refer 18.3.21 Drainage Improvements in the Town of Ulysses Zoning Law. I am
at a lower potential from the subdivided lots. The proposed subdivision map does not
address mitigation of drainage when the land is changed from forest to impermeable
surfaces as well as spoils from digging of foundations that will change the topography as
also happened at Lot 535613-003 where the lot was cleared and the topography raised to
drain on my property.
4) The subdivision map simply shows a line where in fact there is a permanent creek.
Please refer to 17.6.2 Stream Protection Setback in the Town of Ulysses Zoning Law
regarding minimum buffer requirements. This creek runs diagonally across the access
point. This requires 50 feet of buffer on each side of the stream.
Thank you for considering my comments.
Sincerely,
Michael Boggs
607-342-6633
1904 NYS RT 96 PB 0255
Jacksonville, NY 14854-0255
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and Mr. Diaz SECONDED the MOTION. The motion was unanimously approved.
Ms. Adams referenced Lot 5 and plans for handling a nearby impermanent creek. She said she
has yet to see any plans showing driveways.
Mr. Lupo said there would be two culvert pipes, which the DEC approved so long as the
applicant did not divert or stop flow of the stream. He is also required to install culvert pipes of a
particular size, a requirement he does not take issue with.
Ms. Adams asked how the creek is classified ❑ either as a permanent or impermanent creek? In
response, Ms. Kiley said Town Zoning defers to the USGS maps, which classify the creek as
impermanent.
Planning Board 4
August 4, 2015
Mr. Blake MADE the MOTION to close the public hearing, and Mr. Salino SECONDED the
MOTION. The motion was unanimously approved.
SEOR for Cold Springs Road proiect
The Planning Board reviewed each item in Part 2 of the Short Environmental Assessment Form,
pausing to talk more in depth on item No. 10, which dealt with the potential for erosion, flooding
or drainage problems. Though the project is thought to have little to no significant impact on
erosion, Mr. Diaz recognized that there would likely be some impact. Planning Board members
then discussed stating such concerns in Part 3 of the form.
Ms. Adams referenced the fact that the Planning Board did raise questions similar to those
expressed by Mr. Boggs in his comments. She said the USGS maps of the Town are based off
outdated information from 1971, and water flow tends to change terrain over time. The DEC has
classified the stream as Class C, Mr. Lupo said. Ms. Kiley added Class C streams are the least
protected streams.
The Planning Board reached a consensus to include two comments in Part 3 of the Short
Environmental Assessment Form.
Mr. Wertis MADE the MOTION to include the following comment in Part 3, and Ms. Adams
SECONDED the MOTION:
That the Planning Board hopes future developers of the Cold Springs Road project
remain cognizant of the existence of two streams on the property, one of which Li Cold Springs ❑
has both environmental and historical importance. Both streams, which are tributaries of
Taughannock Creek, should be protected as much as possible. Furthermore, the Planning Board
recognizes plans for two driveways to traverse the pre-existing stream located on proposed Lot 5.
Culverts for the stream are to be sized appropriately and upstream drainage will be calculated for
various sized flood events.
The vote was as follows:
Mr. Wertis AYE
Ms. Adams AYE
Mr. Blake AYE
Mr. Diaz AYE
Mr. Salino AYE
Result: Comment approved
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and to minimize land disturbance as much as possible.
Planning Board 5
August 4, 2015
Mr. Diaz MADE the MOTION to include the following comment in Part 3 of the Short
Environment Assessment Form, and Mr. Blake SECONDED the MOTION:
That the Planning Board recognizes it is the intent of the developer to keep the proposed
lots primarily wooded.
The vote was as follows:
Mr. Wertis AYE
Ms. Adams AYE
Mr. Blake AYE
Mr. Diaz AYE
Mr. Salino AYE
Result: Comment approved.
Mr. Wertis MADE the MOTION to accept SEQR Parts 2 and 3 as printed with additional
motions, and Mr. Salino SECONDED the MOTION. The motion was unanimously approved.
SEOR Resolution
Mr. Wertis MADE the MOTION to approve the resolution, and Mr. Blake SECONDED the
MOTION as follows:
WHEREAS:
1. The proposed Subdivision is located in Jacksonville with frontage on Cold
Springs Rd and Trumansburg Rd, Tax Parcel Number 25.-1-1.1, H1 -Hamlet District. The
proposal is to create five lots for single-family residences, where the lots would have the
following dimensions: Lot 1 with 2.212 +/- acres and 96.57 +/- feet of frontage on Cold
Springs Rd; Lot 2 with 3.575 +/- acres and 50.00 +/- ft of frontage on Cold Springs Rd;
Lot 3 with 3.704 +/- acres and 50.00 +/- feet of frontage on Trumansburg Rd; Lot 4 with
1.752 +/- acres and 153.21 +/- feet of frontage on Trumansburg Rd; and Lot 5 with 6.262
+/- acres and 147.13 +/- feet of frontage on Trumansburg Rd. Carl Lupo and Leon
Newhart Jr, Owners/Applicants; Jose Guisado, Agent; and
2. This is an Unlisted Action for which the Town of Ulysses Planning Board is acting
in this uncoordinated environmental review with respect to Subdivision Approval; and
3. The Planning Board, on July 7, 2015, has reviewed and accepted as adequate a
Short Environmental Assessment Form Part 1, submitted by the applicant, and
4. The Planning Board, on August 4, 2015, reviewed and accepted Part 2 prepared by
Town staff, and completed Part 3; and
5. The Town Zoning Officer has recommended a negative determination of
environmental significance with respect to the proposed Subdivision Approval;
Planning Board 6
August 4, 2015
NOW THEREFORE BE IT RESOLVED:
That the Town of Ulysses Planning Board hereby makes a negative determination of
environmental significance for the reasons set forth in the Environmental Assessment
Form Parts 2 and 3 referenced above, in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed, and,
therefore, an Environmental Impact Statement will not be required.
The vote was as follows:
Mr. Wertis AYE
Ms. Adams AYE
Mr. Blake AYE
Mr. Diaz AYE
Mr. Salino AYE
Result: SEQR Determination approved.
Resolution for Preliminary Plat Approval
Mr. Wertis noted the proposed project demands two submissions for approval. He also stated the
&RXQWANL 'HIRLDF,10de-sac to and from the proposed development, so as to limit the
number of road cuts. To approve the plat and final plat, the Planning Board would need a
supermajority vote.
Mr. Blake asked whether or not the Planning Board should have specifics as to where the
driveways will be located. Currently, the Board has not seen any driveway plans. Ms. Kiley said
she does not believe the Planning Board is required to have such plans.
Ms. Adams recognized that each lot could accommodate a house without need for future
variances. She does not want to approve the plat if future property owners would need variances.
Mr. Wertis MADE the MOTION to approve the preliminary plat, and Mr. Blake SECONDED
the MOTION as follows:
WHEREAS:
1. The Town of Ulysses adopted zoning regulations in Local Law No. 3 of 2013
include Article XXI ❑Land Subdivision Regulations, Section 21.3 establishing criteria
for Subdivision Procedures; and
2. The proposed Subdivision is located in Jacksonville with frontage on Cold
Springs Rd and Trumansburg Rd, Tax Parcel Number 25.-1-1.1, H1 -Hamlet District. The
proposal is to create five lots for single-family residences, where the lots would have the
Planning Board 7
August 4, 2015
following dimensions: Lot 1 with 2.212 +/- acres and 96.57 +/- feet of frontage on Cold
Springs Rd; Lot 2 with 3.575 +/- acres and 50.00 +/- ft of frontage on Cold Springs Rd;
Lot 3 with 3.704 +/- acres and 50.00 +/- feet of frontage on Trumansburg Rd; Lot 4 with
1.752 +/- acres and 153.21 +/- feet of frontage on Trumansburg Rd; and Lot 5 with 6.262
+/- acres and 147.13 +/- feet of frontage on Trumansburg Rd. Carl Lupo and Leon
Newhart Jr, Owners/Applicants; Jose Guisado, Agent; and
3. The lots created by the proposed Subdivision meet the zoning requirements for
the H1 -Hamlet District; and
4. This is an Unlisted Action for which the Town of Ulysses Planning Board, on
August 4, 2015, has made a negative determination of environmental significance with
respect to this project, after having reviewed and accepted as adequate a Short
Environmental Assessment Form Parts 1, 2 and 3; and
5. The Planning Board, at a Public Hearing on August 4, 2015, has reviewed and
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Located on Cold Springs Road & New York State Route 96, Town of Ulysses, Tompkins
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other application materials; and
6. The Tompkins County Planning Department completed the General Municipal
Law §239-1 and Cin review of the project, and determined that the project may have
negative inter -community, or county -wide impacts and recommend modifications to the
proposal regarding a single access cul-de-sac to the subdivision, and without the
modification, a supermajority is required to approve the proposal; and
7. Zoning Law Sections 21.3.5.1 and 21.3.23 allow the Planning Board to waive
subdivision requirements, where it finds that, due to special circumstances of a particular
plat, the provision of certain required improvements is not requisite to the interest of the
public health, safety and general welfare or is inappropriate because of lack of connecting
facility adjacent or in proximity to the proposed subdivision; and
8. The Town of Ulysses Planning Board has given due consideration to all
information and comments in conducting the Subdivision Review;
THEREFORE IT IS HEREBY RESOLVED,
1. That the Town of Ulysses Planning Board hereby waives certain requirements for
Preliminary and Final Subdivision Approval, as shown on the Subdivision Checklist,
having determined from the materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control nor the policies enunciated or
implied by the Town Board; and
Planning Board 8
August 4, 2015
2. The Planning Board considered the Tompkins County Planning Department
recommendations pursuant to the General Municipal Law §239-1 and Cin review and
finds that the proposed lot arrangement is in keeping with the H1 -Hamlet District
regulations and while a single access road may be desirable, it is not a requirement for
subdivision approval; and
3. That the Planning Board of the Town of Ulysses hereby grants Preliminary Plat
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Lands of Carl Lupo, Located on Cold Springs Road & New York State Route 96, Town
of Ulysses, TompkiQ WR IY ® CIZ 171 CIO IOLB [&®
Engineers and Surveyors.
The vote was as follows:
Mr. Wertis AYE
Ms. Adams AYE
Mr. Blake AYE
Mr. Diaz AYE
Mr. Salino AYE
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18. Ms. Adams thought the Planning Board had other matters to address, and, further, that the
Board had previously agreed to designate the second meeting of the month for general zoning
matters.
Ms. Adams MADE the MOTION to retain the second meeting of the month for zoning matters
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MOTION.
The vote was as follows:
Mr. Wertis NAY
Ms. Adams AYE
Mr. Blake AYE
Mr. Diaz AYE
Mr. Salino AYE
Result: Motion approved
Mr. Lupo left the meeting at 8:03 p.m.
Solar Regulations
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off those from the Town of Geneva. She included a number of comments on the Geneva
regulations and pointed the Board to provisions limiting ground -mounted solar projects to no
Planning Board 9
August 4, 2015
more than 4,000 square feet and roof -mounted systems to no more than 6 inches of clearance
above the roof. On the subject of roof clearance, Ms. Adams said she foresees people trying to
build frameworks on roofs in order to achieve the most efficient orientation with the sun. That
could have a negative aesthetic impact, she said, and noted Site Plan Review would give the
Planning Board the opportunity to review proposals. Ms. Adams said the 6 -inch maximum
appears to be the standard for roof -mounted systems.
Mr. Salino did not understand the reasoning for the 6 -inch limit, guessing that the figure is part
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Melissa Kemp of Renovus has previously reviewed parts of the proposed solar regulations, she
said, and Ms. Adams preferred to include someone else with a slightly different prospective since
most solar professionals in the field do not want any regulations.
A discussion on the aesthetics of roof -mounted solar projects ensued. Mr. Salino said he did not
want to restrict anyone from putting up a roof -mounted array. Not every roof -mounted
installation is the same, and there may be instances where more than a 6 -inch clearance is
necessary.
The Board reached a consensus to review the proposed regulations in the coming weeks, paying
particular attention to questions concerning lot coverage, 4,000 -square foot coverage maximum,
the 6 -inch roof clearance, design standards, and allowable uses in all districts. Both copies of the
proposed regulations F1 VID ILIIICT0IDQG'EWRLIIIQW IWO V1$ CTP SRP P H vW
would be sent to others in the solar field, including those not affiliated with any solar -installation
company.
Mr. Diaz stated that there should be regulations associated with setbacks from solar installations
adjacent to inhabited structures. Site Plan Review may be the right way to go, even for small
projects located within inhabited structures, he said. Also, he suggested Unique Natural Areas,
state-owned lands, and lands secured by the Finger Lakes Land Trust be included within the
L$ UiAM 3 RVQM 3KHSt1RSRV—EM QV Ms. Kiley took down Mr.
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Mr. Blake MADE the MOTION to adjourn the meeting, and Ms. Adams SECONDED the
MOTION. The motion was approved unanimously.
Meeting adjourned at 8:41 p.m.
Respectfully submitted by Louis A. DiPietro on August 7, 2015.