HomeMy WebLinkAbout2017-05-02-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MEETING MINUTES
Tuesday, May 2, 2017
Approved: May 16, 2017
Present: Chair David Blake, and board members Rebecca Schneider, David Tyler, John Wertis,
and Sara Worden; Environmental Planner Darby Kiley, and Town Board Liaison Richard
Goldman.
Benjamin LeWalter was excused.
Public in Attendance: Brian Davis, Jason Chace, Noy Davis, Mack Travis, Ken Kearl, and Carl
Mazzocone.
Call to Order: 7:01 p.m.
Agenda Review; Minutes Review (4/18/2017)
Ms. Schneider MADE the MOTION to accept the April 18, 2017 meeting minutes, and Mr.
Wertis SECONDED the MOTION. The motion was unanimously carried, 4-0.
Privilege of the Floor: No one addressed the Board at this time.
Mr. Tyler arrived at 7:03 p.m.
Sketch Plan: Consideration of Site Plan for the construction of a Single -Family Residence,
located at 1513 Taughannock Blvd, Tax Parcel Number 18.-1-19.8, LS -Lakeshore District within
the Slope Overlay Area and Unique Natural Area. This project was approved on July 7, 2015;
however, the site plan approval expired in January 2017. Kenneth and Patricia Kearl,
Owners/Applicants.
Mr. Tyler MADE the MOTION to open the sketch plan, and Ms. Worden SECONDED the
MOTION. The motion was unanimously carried.
Mr. Kearl offered a brief project overview. Since the project was originally approved in 2015, he
has received approval from the Health Department for a septic system. He has also slightly
modified the planting plan. If construction begins this summer, the home could be completed by
winter.
Ms. Schneider asked how Mr. Kearl intends to handle water runoff and drainage from the house
and property. Mr. Kearl said there is a grading plan; as the water comes down the hill, it would
be shunted into a runoff collection area, moved into a swale and ultimately routed to the beach
front area and into the lake. Ms. Schneider advised Mr. Kearl to work further with his architects
to ensure his stormwater plan takes extreme rain events into account. High-intensity rains are
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becoming more common, and there's a lot of terrain above the proposed home. If runoff is
simply being diverted over a cliff and into the lake, Mr. Kearl will have erosion problems, she
said. In response, Mr. Kearl said he would install large rock if he begins to see any erosion
damage. Mr. Schneider raised the question of whom would be responsible if erosion from the
Kearl property created a sediment plume in the lake. Theoretically, the Town could be liable to
pay the $35,000 daily penalty. The proposal could be a problem, she said, and expressed
skepticism about large rocks preventing erosion.
Responding to a question from Mr. Tyler, Mr. Kearl said ground has not been broken at the
property yet, though property was cleared 10 years ago. Mr. Kearl is from this area and has spent
the last 30 years in Connecticut, and is retiring to the region.
Mr. Tyler MADE the MOTION to close the sketch plan, and Mr. Wertis SECONDED the
MOTION. The motion was unanimously carried.
Resolution for Site Plan Approval
Mr. Wertis MADE the MOTION to approved the site plan resolution, and Mr. Blake
SECONDED the MOTION as follows:
WHEREAS:
1. This is consideration of Site Plan Approval for a Single -Family Residence in a Slope
Overlay Area and a Unique Natural Area located at 1513 Taughannock Blvd, Tax Parcel
Number 18.-1-19.8, LS -Lakeshore District; Kenneth and Patricia Kearl, Owners/Applicants; and
2. Pursuant to NYS Town Law §280-a(4) on June 23, 2015, the Town of Ulysses Town
Board established an open development area that included Tax Parcel Number 18.-1-19.8 subject
to a number of conditions; and
3. On July 7, 2015, the Planning Board approved the site plan and because the applicant has
not applied for a building permit, the site plan approval expired in January 2017;
4. On May 2, 2017, the Planning Board has reviewed and accepted as adequate, application
materials including the following: Site Construction Drawings including Sheet L-1 (Layout
Plan), Sheet L-2 (Grading and Erosion Control Plan), Sheet L-3 (Site Utilities Plan), Sheet L-4
(Planting Plan), revised April 12, 2017, and other application materials; and
5. The construction of a Single -Family Residence is a Type II action which does not require
the preparation of a determination of significance;
THEREFORE IT IS HEREBY RESOLVED,
1. That the Planning Board of the Town of Ulysses hereby waives certain requirements for
Site Plan Approval, including a public hearing, having determined from the materials presented
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May 2, 2017
that such waiver will result in neither a significant alteration of the purpose of site plan control
nor the policies enunciated or implied by the Town; and
2. That the Planning Board of the Town of Ulysses hereby grants Site Plan Approval for the
proposed Single -Family Residence, as shown on the following: Site Construction Drawings
including Sheet L-1 (Layout Plan), Sheet L-2 (Grading and Erosion Control Plan), Sheet L-3
(Site Utilities Plan), Sheet L-4 (Planting Plan), revised April 12, 2017.
The vote was as follows:
Mr. Blake
AYE
Ms. Schneider
AYE
Mr. Tyler
AYE
Mr. Wertis
AYE
Ms. Worden
AYE
Result: Resolution approved
Mr. Kearl left the meeting.
Ms. Schneider again asked if the Town would be liable if erosion from the Kearl property caused
a sediment plume in the lake. Ms. Kiley said Mr. Kearl would be liable if a problem originates
from his parcel. Ms. Schneider again noted the frequency of heavy rainfalls and said there needs
to be more thought given to design on steep slopes.
Comments on area variances for the Inn at Taughannock, located at 2030 Gorge Rd, Tax
Parcel Numbers 14.4-11, 14.-3-18.1, and 14.-3-18.2, B1 -Business District. The proposed project
includes replacing existing signs and adding new signs, several of which will require variances
for their height, square footage and number of allowed signs. These signs are located at multiple
locations on the three parcels. The proposal also includes a new multi -story building to be
located between the existing inn building and Gorge Rd. The proposed project will include five
(5) new guest rooms, a check-in area, an ice cream parlor/grill, a seasonal tent area, a bar, prep
area, rest rooms, a patio area with reflecting pools and lawn, stormwater facilities, and new
parking. The new building would require variances for the setback at the front lot line on Gorge
Rd (1.4 feet where 30 feet is required), for the setback at the side yard line (1.7 feet where 15
feet is required), and for the height of the proposed building, which exceeds the 32 foot
maximum. The proposal also includes the addition of a cupola on the existing inn. This will add
6 feet 9 inches to the building for a total height of 64 feet 7 inches where 32 feet is the maximum
building height. The applicant is also requesting a variance from the noise standards in order to
extend the 90 dBa sound limit from 11:00 PM to 1:30 AM. The Planning Board may provide
recommendations to the Board of Zoning Appeals regarding the area variance requests.
Mr. Davis, an architect at Jason Demarest Architecture, said they are presenting two applications
— one for signage, the other for a new building referred to as the gatehouse and stables. Ms.
Schneider said the signs are secondary compared to the larger project, which appears to increase
surface area two- or three -fold. There are bigger issues to address, she said.
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Ms. Kiley said the Town's Board of Zoning Appeals would be reviewing the Inn project at its
next meeting. However, the Planning Board may choose to make recommendations to the BZA,
since the project will again be returning to the Planning Board after the BZA's review. Site Plan
Review is not underway yet since the project needs variances before proceeding. The purpose of
the evening's review is to offer comments on the overall proposal, she said. Mr. Wertis added
that the Planning Board is not required to offer any recommendations to the BZA.
At this time, Mr. Davis began a presentation on signage, reviewing each of the 11 exterior signs
proposed throughout the property. The first substantial sign would be located near the entrance to
the trails leading to the falls. An existing monument with two pillars is there presently, and Mr.
Mazzocone explained his intentions to add a wrought -iron sign spanning the two pillars. Asked
about any dialogue between the applicant and the New York State Parks, specifically on parking,
he said he has been in communication with Fred Bonn of the New York State Parks office. Mr.
Bonn reportedly has no issue concerning parking. Park goers would not pay if they chose to park
at the Inn, Mr. Mazzocone said, and Mr. Bonn has been made fully aware; they have a healthy
working relationship.
Ms. Schneider recognized the effort Mr. Mazzocone has shown in proposing quality signage, but
she expressed concern that the Inn could potentially dominate the natural landscape. People
come to the Falls to enjoy the park; now, it would appear as if the Inn was part of the Park. The
Inn is taking full advantage of the Park's proximity. The Board would not be doing its job if it
were to allow the Inn to change the quality of the surrounding environment.
What am I changing? Mr. Mazzocone asked. He said he is giving people the option to come to
the Inn and have an experience. There are many aspects of the property, and having one sign on
Route 89 and Gorge Road is inadequate. Mr. Travis, a friend and investor in the Inn project, said
he bought into Mr. Mazzocone's vision a couple of years ago. To him, the Inn will enrich the
experience in visiting the Park; it is creating something unique. We have worked closely with the
Park to make the project compatible, he said. What this could mean to Trumansburg and the
entire area is a huge recognition.
Mr. Davis continued his review of remaining signage. Mr. Mazzocone characterized sign 2,
located in front of the property, as potentially iconic. It would be backlit. Considering this, Ms.
Kiley asked about available road space for vehicles to pull over on Route 89. The applicants
questioned the need for an additional variance for sign 10, reasoning that the property on which
it is located is a separate tax parcel and should be allowed without a variance. Ms. Kiley
explained that although the Inn encompasses more than one tax parcel, Town zoning still
considers the Inn a single hotel and is allowed one free-standing sign.
Ms. Schneider said she is uncomfortable with the amount of signage, which she argued changes
the complexion of the entire area and dominates the Park experience. I am visiting the Park for
nature, she said, not buildings and signage. She hopes the BZA will think clearly about the
project and evaluate signage within the context of the entire project. The proposal is a major
change to the Town, considering Taughannock Falls is iconic.
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May 2, 2017
Mr. Davis then presented on the Gatehouse and Stables portion of the project. The applicant, he
said, hopes to expand the business by five more hotel suites with centralized check-in and an
area for special events. He said the Gatehouse portion would have a check-in on the first floor
along with an ice cream parlor and grill for walk-in customers. The proposal calls for a patio area
and seasonal tent for events — accommodating roughly 125 guests — and a bar and dining area to
support the events. The location for this area would be on the hillside, near an existing trail. Mr.
Davis explained that the southside of the Inn was the only place to site the stables. In order to
accommodate the structure and not crowd the nearby Inn, the applicants have sited it within the
setback area. Mr. Tyler asked if the applicants considered siting the stables south of Gorge Road.
Mr. Mazzocone said locating the building there would negatively impact the symmetry and sight
lines of the Inn and four planned reflection ponds. He did not want to compromise the design and
site the retention ponds in front of the property. This design is smaller and more thoughtful in
handling storm water. Asked about stormwater, Mr. Davis said an underground storm water
storage unit will hold water and allow it to percolate into the soil over time.
Returning to the setback variance, Mr. Davis said the new stables building would be encroaching
almost up to the highway right of way, taking up the entire minimum 30 feet front -yard setback.
This was done to avoid having to site the stables further back onto the property, which would
require the removal of an old gingko tree. Ms. Schneider suggested making the stables building
smaller.
The applicants outlined height variances and presented 3D renderings of the proposal. Ms. Kiley
said the 125 -guest limit for the events section of the project seemed low for weddings. Mr.
Mazzocone said he would be happy to host weddings of such size. He was also asked about
parking and a variance to exceed noise limits. There are 28 parking places total. Regarding the
potential for sound carrying over into the Park, Mr. Mazzocone said he is happy to work with the
community and will work through whatever hoops deemed necessary.
Mr. Blake asked the Planning Board about next steps, and whether members wanted to relay
comments to the BZA. Mr. Wertis felt it would be more permissible for the Planning Board and
BZA to operate independently, while Ms. Schneider thought both boards should be on the same
page since they are charged with looking out for the Town. The project is huge, she added, and at
what point does it need more oversight, like a public hearing and an environmental impact
statement? Asked about a coordinated review, Ms. Kiley explained that this appears to be an
unlisted action, which can have an uncoordinated review, but if it was a Type 1 action,
coordination is required. Tompkins County Planning will receive the project application and will
offer comments once the project has been fully planned out. Mr. Blake requested the Board set
the matter aside until its next meeting. Mr. Mazzocone offered additional thoughts on his vision
for the project.
Mr. Mazzocone, Mr. Travis and Mr. Davis left the meeting at 8:42 p.m.
Rural/Ag Discussion
The Planning Board discussed draft language to include among comments to the Town's Zoning
Updates Steering Committee (ZUSC). Several edits were offered, including language proposed
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by Ms. Worden that stressed the need for greater input from the agriculture community. Mr.
Tyler MADE the MOTION to approve the amended comments to ZUSC, and Ms. Schneider
SECONDED the MOTION as follows:
We appreciate the effort and time you put in to trying to develop recommendations for zoning
changes that meet both the economic needs of our farmers and protect the landscape features as
both are valued by our residents and contribute to economic tourism. However, we have several
concerns about the proposed recommendations as they seem to conflict with both the intention
and the adopted recommendations of the Comprehensive Plan and if enacted, will actually lead
to degradation of these values.
1) The chief concerns relate to the proposed 1 acre minimum lot size for subdivisions
especially given the strong likelihood of the homes being built consecutively along the
existing road frontage resulting in a line of houses and lawns like a suburban landscape
which screens the open area behind. This is contrary to the Comprehensive Plan. We
recommend that one acre developments be permitted only in a cluster development.
Incentives to farmers of two or more additional houses when clustering is planned could
offset any losses. We recognize the potential hardship to farmers in that regard due to the
cost of installation of a public road, etc. and we believe that there should be a way to
incentivize such development through applications for grant monies, tax
reduction/rebates for the farmers, absorption of the cost to install the road by the Town of
Ulysses or some other method.
2) The Planning Board also believes that the there is a potential for loss of property
values for some owners in the Ag District if density averaging is employed without the
opportunity to seek some relief. Specifically, there may be some Ag parcels that are not
suitable for farming but which are suitable for private residential homes and limiting the
number of subdivisions could preclude development in wooded areas and thus create a
loss in value. The Planning Board suggests that in those unique situations, the owner be
permitted to seek a zoning variance although current zoning would seem to prevent that
from being an option.
3) The Planning Board also suggests that some thought be given towards mandated tree
plantings for subdivisions so as to protect the water infrastructure, limit soil erosion and
possibly add to the view shed.
4) We strongly recommend that additional input be obtained from the farming
community as this zoning modification process moves forward.
The motion was unanimously carried.
Agenda items for next meeting
Addressing the Board's next meeting on May 16, Ms. Kiley said she has received two
applications recently. One is for a residence on a flag lot within the Conservation District, and
the other is for a new building at the Cayuga Nature Center.
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Town Board Liaison Report
Mr. Goldman said the Town has signed contracts with Exxon Mobil and will purchase back three
Hamlet properties — the old church, its adjacent lot and another lot on Route 96, across from the
post office. Asked if any of the lots are sellable, Mr. Goldman said any profits made from a
potential sale would be put into fixes within the Hamlet. The Town has had meetings with
Jacksonville to assess what fixes they would like to see.
Ms. Schneider MADE the MOTION to adjourn the meeting, and Ms. Worden SECONDED the
MOTION. The motion was unanimously carried.
Meeting adjourned at 8:59 p.m.
Respectfully submitted by Louis A. DiPietro II on May 11, 2017.