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HomeMy WebLinkAbout2017-10-17-PB-FINALTOWN OF ULYSSES PLANNING BOARD MEETING MINUTES Tuesday, October 17, 2017 Approved: December 5, 2017 Present: Chair David Blake, and board members Rebecca Schneider, David Tyler, and John Wertis; Town Planner Darby Kiley. Ben LeWalter and Sara Worden were excused. Public in Attendance: Bryon and Kim Moore. Call to order: 7:00 p.m. Agenda Review; Minutes Review (09/19/17; 10/3/17) Mr. Tyler MADE the MOTION to accept the September 19, 2017 meeting minutes, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried, 4-0. Mr. Blake MADE the MOTION to accept the October 3, 2017 meeting minutes, and Mr. Wertis SECONDED the MOTION. However, the motion failed after both Ms. Schneider and Mr. Tyler abstained from the vote. Mr. Blake MADE the MOTION to table a formal vote on the October 3, 2017 meeting minutes, and Ms. Schneider SECONDED the MOTION. The motion was unanimously carried, 4-0. Privilege of the Floor: No one addressed the Board at this time. Sketch/Site Plan and Development District Revision: Consideration of sketch plan/site plan and development district revision for DD-8 Moore’s Outboard Sales and Service referred to the Planning Board by the Town Board. The applicants would like to revise the current zoning language to reflect the needs of the business. The property is located at 3052 Dubois Rd; Tax Parcel Number 32.-2-8.22. Kim and Bryon Moore, owners/applicants. Ms. Schneider MADE the MOTION to open the sketch plan, and Mr. Blake SECONDED the MOTION. The motion was unanimously carried. At this time, Ms. Schneider shared research regarding marinas and pollution, with findings likely to have some implications on how language within the Development District is updated. The research is solid in finding marinas to be a source of pollution, especially to sediments and water bodies. Both leaked fluids from boat engines and anti-fouling paints are two of the main sources of pollution at marinas. Paints are scraped off or leach into the soils, causing toxicity. Resins, brines and oils, too, are also cited in research as pollutants at marinas. The Moore’s business has been there since the 70s, and it is highly likely the land is polluted. In talking with a Coast Guard Planning Board October 17, 2017 2 representative who works with oil spills, Ms. Schneider said marinas should perform maintenance and change oil on a concrete pad, where any spilled oil is collected in a drain. The representative also suggested at least a 100-foot setback from any stream. She stressed three areas to minimize the impact of toxins on the soil: the property needs a sufficient forest and/or vegetative buffer; a concrete pad for maintenance; and language within the Development District document that stipulates that, if sold, the parcel cannot be used for farming. Mr. Moore said his business does not do any painting or repair resins. The Environmental Protection Agency has come down hard on marinas that handle paints and engine repairs. The paints used today have been deemed safe. Ms. Schneider suggested the Moore’s have their water tested for heavy metals, which Ms. Moore said has already been done. Mr. Wertis noted Ms. Schneider’s research deals with marinas; Moore’s is not a marina. It is not located on the shoreline. In regard to oil spills, Mr. Moore said the business has had no heavy spills, maybe a drip here and there. When oil is changed, catch buckets are used, and they cover a large area. Everything is contained. Changed oil is pumped out into a bucket and is then pumped into a waste tank. We do not tip or dump any oil; it is all pumped, he said. Ms. Schneider reiterated her feelings that oil changes – which take place in the driveway south of the building – occur in a location too close to a nearby creek. Based on her discussions with the Coast Guard representative, she suggested a closed, concrete pad in the south side drive. Ms. Moore said there is not sufficient enough room to perform maintenance on the north side of the building, and a concrete pad would cost too much. Installing one is no small undertaking, she said. Mr. Moore added that he has never seen a marina that performed maintenance on a concrete pad; the work has to be performed outside. Ms. Schneider noted that the business is near a drinking source, and the Moore’s could opt to sell the property. This is a toxic industry located near a Town Conservation Zone. It is the Board’s responsibility to minimize the potential for pollution. A single teaspoon of oil can spoil a million gallons of drinking water. Ms. Moore said it is not feasible to have a single concrete pad on which to move every boat that needs service. Currently, the southern drive is covered in stone. Ms. Schneider said there are likely more simple and cheaper alternatives to a concrete pad. A short discussion ensued on how best to write language into the Development District document that outlines pollution minimizing efforts. Again, Ms. Schneider outlined three mitigation efforts to include in the language: sufficient forested buffer on the east side of the property; that the property, if sold, cannot be used for farming without first completing soil tests; and wording on oil changes and appropriate protections. Ms. Kiley said she would craft language for the Board’s review. Ms. Moore wanted to be assured of two things: that the Board agrees that there is 100 feet between the building and the creek, to which the Board was in consensus agreement; and that the neighbors to the Moore’s site have yet to pursue litigation. Ms. Kiley said she has not heard anything in that regard. Ms. Moore again stressed that they did not know that the business had been out of compliance for 20 years. They learned this from the previous neighboring tenants, who informed the Moore’s that they were both in a Development District and that they were out of compliance. Lawyers missed it when the business was sold. The news blindsided us, she said. Planning Board October 17, 2017 3 The Board reached a consensus to keep the sketch plan open. Asked about the likelihood of a public hearing, Ms. Kiley said the Town Board will hold one because a public hearing is required for any zoning change, and it will be up to the Planning Board to decide whether or not to hold one of its own. Ms. Moore said she would begin researching pollution mitigation options in regard to oil changes. The Moore’s left the meeting at 8:30 p.m. Consensus was reached to postpone a discussion of the Ag/Rural zoning document. However, Ms. Schneider provided an overview of the recent Steering Committee meeting, which included liaisons from stakeholder committees. She said some felt that more information and analysis were needed to determine how land is being subdivided and by whom, developers or farmers? Ms. Schneider said she spoke to an official who said there are state funds available to assist with the creation of clustered subdivisions. The Planning Board will next meet on Tuesday, November 7 if there are any agenda items. Mr. Tyler MADE the MOTION to adjourn the meeting, and Ms. Schneider SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 8:46 p.m. Respectfully submitted by Louis A. DiPietro II on October 17, 2017.