HomeMy WebLinkAbout2015-12-15-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MEETING MINUTES
Tuesday, 12/15/2015
7:00 p.m.
Approved: January 5, 2016
Present: Chairman John Wertis; board members Pete Angie, David Blake, David Diaz,
Rebecca Schneider and board alternate Lisa Anderson; Environmental Planner Darby Kiley; and
Town Board Liaison Rich Goldman.
Public Present: Kent Garrison, Francesca Crannell, Lawrence and Cheryl McCann, and Thomas
Mayo and Melissa Kemp of Renovus Energy
Call to Order: 7:01 p.m.
Agenda Review; Minutes Review (December 1, 2015)
Mr. Blake MADE the MOTION to accept the amended December 1, 2015 meeting minutes, and
Ms. Schneider SECONDED the MOTION. The motion was unanimously approved, 5-0.
Privilege of the floor: No one from the audience addressed the Board
Sketch Plan: Consideration of Sketch Plan/Site Plan approval for the construction of a single-
family residence located at 32 Maplewood Rd, Tax Parcel Number 27.-5-11, LS- Lakeshore
District with the Slope Overlay Area and Unique Natural Area. Francesca Crannell and M. Kent
Garrison, owners/applicants.
Mr. Wertis referenced the Town Zoning document that states the Planning Board Chair is to
provide a detailed list of necessary materials for a detailed site plan. However, it is not the
Planning Board Chair that issues the list, but Ms. Kiley.
Preliminary questions from Board members dealt with the lot size of .7 acres, which falls below
the 5 -acre minimum requirement for development. Ms. Kiley pointed out that the parcel is a
legal non -conforming lot, meaning that the property predates Town Zoning law. There had been
a house on the property that was razed six or seven years ago, and Mr. Blake questioned whether
or not the applicants forfeited the right of grandfathering. Ms. Kiley explained that it is still
considered a grandfathered lot, and the applicants may still build a home on the parcel, so long as
they meet appropriate setback requirements. Mr. Wertis cautioned that the Planning Board is
being asked to review a proposal that may change based on the Board of Zoning Appeals
determination on the variance request.
Mr. Wertis MADE the MOTION to open the sketch plan conference, and Mr. Blake
SECONDED the MOTION. The motion was unanimously approved.
Planning Board 2
December 15, 2015
Four Board members visited the site at Maplewood Road. Ms. Schneider said she is very
concerned about erosion and water runoff. Though the applicants have stated that they do not
plan to take down trees on the site, they will need to cut into a nearby bank, which Ms. Schneider
said carries shallow subsurface water flow. To her knowledge, this project is one of the first
proposed in the steep slope area, and she said the Planning Board should be careful about what
they allow in such a sensitive area. The entire foundation of the house is concerning, she said.
Mr. Wertis said he had the same feelings and would like to see what is planned for the land
behind the house. In the past, the Planning Board has completed site plan reviews of structures in
the steep slope area, he said, but at the time, the Board did not have a firm handle on what its
options were and the appropriate information to request from applicants. He said he is not clear
on the extent of slope excavation for this particular project. Mr. Garrison suggested having his
engineer, John Andersson, review the design in regard to water run-off analysis.
Ms. Schneider noted the proposal is on a steep slope and is located in a Unique Natural Area.
These zones were created to safeguard the lakeshore, and the architect and engineer should be
cognizant of these issues. She requested more information on the extent of the slope cut and that
the architect be open to alternate designs that minimize excavation of the slope. A six -feet deep
cut, for instance, is a lot, she said. Mr. Garrison said it would be a good idea to hear opinions of
both his architect and engineer. They will talk with their architect and have something drawn up,
he said. Ms. Schneider continued, saying it is not just a matter of insufficient information. There
are larger, more general concerns regarding the project, and she cautioned she would still have
worries about the foundation of the building, regardless of whatever new information is
presented to the Board. Mr. Garrison asked if she would be more comfortable if Mr. Andersson
vouched for the integrity of the design, to which Ms. Schneider said no, since Mr. Andersson is
ultimately supporting whatever the applicant wishes.
Mr. Diaz said a bald eagle's nest is located nearby and is almost visible from the roadway. The
Planning Board should look into how long the nest has been active and, if it is, to research
information from U.S. Fish and Wildlife on appropriate buffers, he said. Mr. Blake said he was
concerned about the driveway and its positioning. Entering and exiting is dangerous, he felt, and
sight lines were limited, particularly when exiting to the north. Mr. Garrison said he has been
using the driveway for several years and never experienced any issues.
Mr. Wertis turned the conversation to grading, saying that driveways tend to turn into streams,
although he did not notice a lot of erosion on the applicant's driveway. He said runoff from the
driveway would likely travel directly across the roadway. Mr. Garrison said a significant storm
from last summer flooded the neighbor's lawn, but there was no debris that washed onto the
roadway. The driveway does funnel water, he offered, but it diverts into a ditch and then a stream
on the west side of Maplewood Road.
Ms. Schneider said significant storm events are happening more frequently, and she asked Mr.
Garrison how he would handle stormwater in the event of another significant storm. He said he
would talk with his architect or George Van Valen, an excavator, who does stormwater
management and could provide insight into the matter. John Andersson is another resource, he
said.
Planning Board 3
December 15, 2015
Currently, there is no culvert at the bottom the applicant's driveway, Mr. Wertis pointed out. Ms.
Crannell said she spoke with the Town Highway Department, and they suggested putting a
culvert in. They have been advised that they are to purchase the culvert and the Highway
Department would install it, she said.
Mr. Wertis requested a grading plan, crafted by the architect, that would specify
recommendations on how to handle drainage coming off the property and into the nearby ditch.
Septic was briefly discussed. After Ms. Schneider expressed concerns about the potential for
subsurface smell, Ms. Kiley reminded the Board that the Health Department has already
approved the applicant's septic system and that Mr. Andersson — the applicant's engineer — was a
past director of the Health Department.
Mr. Diaz advised the applicants that any information they could provide that shows how they
intend to handle water on the site would be helpful for the Planning Board. Mr. Wertis also
mentioned having noticed the high embankment above the road. It appears to be shifting toward
Maplewood Road, and though there are remnants of a fence or barrier, it is no longer functional.
Mr. Wertis proposed leaving open the sketch plan conference and closing it at the Board's next
meeting.
Mr. Wertis MADE the MOTION to conclude discussion of the sketch plan, and Mr. BLAKE
SECONDED the MOTION. The motion was unanimously approved.
Ms. Schneider said the Town had very specific goals for the Conservation Zone, the core goals
being controlling erosion, density and development. The proposed application is very contrary to
those intentions, she said. How many legally conforming lots are there in the steep zone? She
asked.
Ms. Kiley said she did not have that information on -hand. The Planning Board does have
options, however: it could prohibit homes in the Conservation Zone, require Planning Board
review of construction within the zone, or recommend not building on steep slopes. This is, to
Ms. Kiley's count, at least the fourth development in the Unique Natural Area.
Ms. Schneider said that the 0.7 acre lot that the applicant intends to build on is not even close to
the required 5 -acre minimum in the Conservation Zone. Plus, it sits on a steep slope. She thought
the Planning Board should have looked at properties that fell into this Zone. Mr. Diaz agreed
with Ms. Schneider's sentiment, adding that he would like to know how many legal,
nonconforming lots there are in the Lakeshore Zone, lakeside or not. Was there ever a build -out
for each of the zones? he asked.
Ms. Kiley said there was no build -out, but the Town had a good handle on the number of lots
within the Zone. She has a spreadsheet with detailed information on every lot within the Town's
Lakeshore Zone.
Planning Board 4
December 15, 2015
A discussion involving communicating concerns to the Town Board of Zoning Appeals ensued.
The BZA was to review a variance request from Crannell-Garrison the following evening.
Whether or not to hold a public hearing was also discussed. Ms. Schneider felt this particular
project deserves a public hearing. The community approved tighter zoning in the Lakeshore and
Conservation Zones, and this project tests those very measures. The public should be showing
up, she said.
Ms. Crannell told Planning Board members of their intent to make this home their place of
retirement. They purchased the property in 2008, and they currently own and live at a nearby
residence that has 34 stairs down to the property, a safety concern to be considered when
designing the home with accessibility as a priority. Their plan is to protect the lake, since they
swim in Cayuga at least twice a week. They care very much about the neighborhood, and
whatever they build, they want it to be done right, she said. They are not in any big rush to
complete the house. It has taken seven years for them to get this far, she said, so it is okay if the
project does not get approved this evening. They want to make sure they are doing the right
things. That said, they would like to see the project approved because of the big investment they
have made thus far.
Time was then spent crafting a message to the Board of Zoning Appeals.
Mr. Blake MADE the MOTION to pass along the following comment to the BZA, and Mr.
Wertis SECONDED the MOTION:
" The site plan is under discussion regarding the design and layout of the rear lot grading
and how the grading would impact surface and subsurface water will flow through the
property. The site plan discussion overlaps with and may impact the actual variance
request for the rear lot setback."
The motion was unanimously approved.
Responding to Ms. Crannell's statement, Mr. Diaz said he appreciated her thoughts and stressed
that the Planning Board is simply doing the due diligence required of them. With any project like
this, the Board must review it against the Town Comprehensive Plan and Zoning Law because
Board members do not want to be in a position where they have approved something that runs
counter to the expressed goals of the community as a whole, he said.
Ms. Crannell expressed her appreciation for the surrounding wildlife and said they drink water
pulled from the lake and filtered. She does not want runoff in her water supply.
Based on the Board's discussion thus far, Mr. Wertis summarized that additional information is
needed on the number of legal, non -conforming lots in the Lakeshore Zone and a decision needs
to be made regarding whether or not to hold a public hearing. Ms. Kiley said the public hearing
should be held following the completion of the sketch plan. The Board could choose to schedule
the hearing for its next meeting, but the updated application may not be ready by then.
Mr. Garrison and Ms. Crannell left the meeting at 8:04 p.m.
Planning Board 5
December 15, 2015
Sketch Plan: Consideration of Sketch Plan for a 360 kW photovoltaic system on the northwest
corner of Jacksonville and Agard Roads, Tax Parcel Number 20.-1-6.1; R1 -Rural Residence
District. The Sciencenter, located in Ithaca, NY, will be leasing approximately 1.81 acres of land
from the Finger Lakes Grassroots Festival in order to install an offsite solar collector facility.
Finger Lakes Grassroots Festival Inc., Owner; Renovus, Agent for the owner.
Mr. Wertis MADE the MOTION to open the sketch plan conference, and Mr. Blake
SECONDED the MOTION. The motion was unanimously approved.
All six members of the Planning Board visited the proposed site of the solar array. Ms. Schneider
commended the depth of the application, noting that it answered some of her initial questions
concerning buffers for legal wetlands and stormwater. Responding to a question from Mr.
Wertis, Mr. Mayo said the project area is pretty dry, while areas to the south are wet but dense. A
large culvert will be needed for the entrance to the site, he said. Mr. Angie made note of the drive
entrance/access road, saying the surrounding area is rural and many commuters take Jacksonville
Road to get to Upper Taughannock Falls Park. A small buffer of trees would be removed for
access to the site, he said. Asked about the possibility of a curved access road/drive to the site,
Mr. Mayo said Renovus is trying to minimize the length of the drive as much as possible. Bends
would only increase impact. The drive, as designed, will run 40 feet in length and be surfaced
with number two crusher run, he said. Given the angles, Ms. Kemp said, commuters should not
see any infrastructure from the roadway.
Mr. Blake asked what would be done post -construction to handle any glare. Ms. Kemp said they
could address vegetation on the east side of the road. Beyond that, she was not sure what else
could be done. She said Renovus would be committed to addressing parameters that the Planning
Board may require during Site Plan Review, including mitigating any glare.
Mr. Wertis asked about decommissioning and noticed that there was nothing in the Renovus
permitting package that held Renovus responsible for removing the array if it was ever
abandoned. Ms. Kemp said Renovus does not own the project but would be happy to further
define decommissioning and clarify that section.
A brief discussion ensued on the topic of setbacks and heat islands. Responding to a question
from Ms. Schneider, Ms. Kemp said Renovus has never seen any issues with heat impacts.
Ground -mounted solar arrays allow for air flow, she said. On the subject of setbacks, Ms. Kemp
said the hope is stick with the array's designed location as much as possible, since another local
non-profit has expressed interest in installing an array of their own on land directly south. Asked
by Mr. Wertis about vegetation control, Ms. Kemp said the area would be mowed and no
herbicides would be used.
Mr. Diaz asked if the residence located directly across the street had been notified of the project.
Mr. Mayo said Renovus discussed the project with the homeowner, whose only suggestion was
that the driveway entrance to the array not be located directly in front of his own drive.
Planning Board 6
December 15, 2015
Prompted to offer thoughts on closing the sketch plan and scheduling a public hearing that
evening, Ms. Schneider recognized the significance of the solar project to the town. The public
should be involved with this, she said.
A brief discussion of fencing ensued. Mr. Diaz asked if there were any alternative to a chain-link
fence. Ms. Kemp said a chain-link fence is not Renovus's preference either, but both the bank
and insurance company require it. If feasible, they could look into a coated chain-link fence, she
said, to which Mr. Diaz said a black -coated fence would make sense.
Mr. Wertis advised the Board that they must close the sketch plan in order to schedule a public
hearing.
Mr. Blake MADE the MOTION to close the sketch plan conference, and Ms. Schneider
SECONDED the MOTION. The motion was unanimously approved.
Ms. Schneider MADE the MOTION to schedule the public hearing for the Board's meeting on
January 19, 2016, and Mr. Diaz SECONDED the MOTION.
Responding to Ms. Kemp's question on process, Mr. Wertis said the Board could take action on
the project on the night of the public hearing.
The vote was as follows:
Mr. Wertis NAY
Mr. Angie AYE
Mr. Blake AYE
Mr. Diaz AYE
Ms. Schneider AYE
Result: Public hearing scheduled for January 19, 2016
Both Ms. Kemp and Mr. Mayo agreed that Renovus would give a short presentation prior to the
public hearing.
Mr. Angie MADE the MOTION to adjourn the meeting, and Mr. Blake SECONDED the
MOTION. The motion was unanimously approved.
Meeting adjourned at 8:56 p.m.
Respectfully submitted by Louis A. DiPietro on December 20, 2015.