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Public Hearing 7pm- Proposed Zoning Law Amendment

February 27, 2018

NOTICE OF PUBLIC HEARING (see full text of proposed local law below)
Proposed Local Law to Amend the Zoning Law §212-118 H (1-3) and §212-118 I (2)8 pertaining to Development Districts 8 and 9
 
PLEASE TAKE NOTICE that the Town Board of the Town of Ulysses will hold a Public Hearing at 7pm on Tuesday, February 27, 2018 at the Ulysses Town Hall, 10 Elm Street, Trumansburg, New York.
 
The purpose of the Public Hearing is to hear comments On a Proposed Local Law to Amend the Zoning Law §212-118 H (1-3) and §212-118 I (2)8 pertaining to Development Districts 8 and 9.
 
PLEASE TAKE FURTHER NOTICE that at the aforementioned time and place, all interested residents will be afforded an opportunity to submit written and oral comments in person or as represented by an agent.
 
BY ORDER OF THE TOWN BOARD
Carissa Parlato
Ulysses Town Clerk
2/14/18
 

TOWN OF ULYSSES, NEW YORK
LOCAL LAW NO. _ OF THE YEAR 2018
 
A Local Law to Amend Chapter 212-118 “Existing development districts” of the Code the Town of Ulysses (“the Code”), which is also known as the Zoning Law. This local law specifically amends §212-118 H “Development District No. 8” and §212-118 I “Development District No. 9.”
 
BE IT ENACTED by the Town Board of the Town of Ulysses as follows:
 
SECTION 1.
 
The title of § 212-118 H. Development District No. 8 shall be changed from “Moore's Outboard Sales and Service” to “Boat sales, service, and storage.”
 
SECTION 2.
 
§ 212-118 H (1) (a) shall be amended to add the word “boats” and read as follows: “Sales and service of small marine motors, boats, and accessories.”
 
SECTION 3.
 
A new section § 212-118 H (1) (b) shall be added to § 212-118 H (1) of the Code and shall read as follows: “Storage of boats.”
 
SECTION 4.
 
The Tax Parcel number in § 212-118 H (2) shall be amended to from 32.-2-8.2 to 32.-2-8.22.
 
SECTION 5.
 
§ 212-118 H (3) (a) shall be amended by deleting the sentence: “No new buildings are allowed;” and replacing the word “installed” with “maintained.”
 
SECTION 6.
 
§ 212-118 H (3) (b) shall be amended by deleting the following sentences: “Business hours shall be limited to between 8:30 a.m. and 5:30 p.m., Monday through Friday; 8:30 a.m. to 3:00 p.m. Saturday; and 9:00 a.m. to 12:00 noon on Sunday. Most repairs will be done during weekdays; repairs after 5:00 p.m. will be done inside the building;” and adding the following: “No mechanical sound shall emanate from the property before 8:00 a.m. or after 8:00 p.m.”
 
SECTION 7.
 
§ 212-118 H (3) (c) shall be amended by deleting the sentences “Customer parking for up to six cars will be located in front of the building. Parking lot area is to be 40 feet deep by 50 feet wide and centered in front of the building;” and adding the following: “Maintain parking between the front of the building and highway right of way, and on the south side of building in the 50 foot by 150 foot lot, as shown on ‘Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York’ by TG Miller P.C. revised 1/22/18. The owners of the land on which the Development District is located shall file the map in the Tompkins County Clerk’s office no later than 30 days after adoption of this local law.”
 
SECTION 8.
 
§ 212-118 H (3) (d) shall be amended by deleting the words “Storage for 15 boats to 20 boats” and “Storage of 10 boats to 15 boats is permitted within the building. Up to five boats may be stored outside over the winter;” and replaced with:
“Boats ready to be picked up and/or serviced may be placed on the 25 foot by 100 foot lot on the north side of the building, on the 50 foot by 150 foot lot on the south side of the building, on the 25 foot by 50 foot lot on the east side of the building, and on the 150 foot by 175 foot lot located on the lower lot/east side of the building. Outside storage of boats shall be permitted on the 50 foot by 150 foot lot on the south side of the building, and the 150 foot by 175 foot lot located on the lower lot/east side of building, as shown on see approved site plan on ‘Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York’ by TG Miller P.C. revised 1/22/18, which is incorporated herein by reference and made a part hereof.”
 
SECTION 9.
 
§ 212-118 H (3) (e) shall be repealed and the remaining subparagraphs shall be renumbered.
 
SECTION 10.
 
§ 212-118 H (3) (e) shall be amended by deleting “Improvements to buildings and grounds: roof to be painted, trim to be painted.”
 
SECTION 11.
 
§ 212-118 H (3) (f) shall be amended by replacing “one lighted sign with plastic face on front of the building, not to exceed three feet by five feet in size” with the following. “One freestanding sign not to exceed 18 square feet. For sign(s) attached to the building, the cumulative square footage shall not to exceed 64 square feet. Signs required by New York State are not included in the area calculation. Sign illumination shall follow sign standards in §212-122.”
 
SECTION 12.
 
§ 212-118 H (3) (g) shall be amended by deleting the sentences: “One pair of floodlights on each side of building shall be allowed. Lighting is to be cast in a downward direction so as not to constitute a hazard to drivers and an annoyance to neighbors.”
 
SECTION 13.
 
§ 212-118 H (3) (i) and (j) shall be repealed and the remaining subparagraphs shall be renumbered.
 
SECTION 14.
 
§ 212-118 H (3) (h) shall be amended by replacing the words “two-hundred-fifty-gallon tank” with the following: “tank or tanks not to exceed 1,000 gallons.”
 
SECTION 15.
 
A new section 212-118 H (3) (j) shall be added to § 212-118 H (3) of the Code and shall read as follows:
“A vegetated buffer 100 feet wide shall be maintained on the eastern boundary of the Development District.”
 
SECTION 16.
 
A new section 212-118 H (3) (k) shall be added to § 212-118 H (3) of the Code and shall read as follows:
“Engine/boat maintenance and repair involving lubricants, oils, or other hazardous materials shall be performed over a permanent or portable impermeable surface with sufficient capacity to collect the maximum volume of liquids used during the maintenance/repair work. Spills shall be cleaned up according to best management practices.”
 
SECTION 17.
 
A new section 212-118 H (3) (l) shall be added to § 212-118 H (3) of the Code and shall read as follows:
“No edible plants shall be grown for human consumption without first testing the soil for contaminants.”
 
SECTION 18.
 
§ 212-118 (I) (2) of the Code entitled “District area and boundaries” shall be repealed and replaced with the following:
“ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, State of New York, being bounded and described as follows: BEGINNING at a point in the centerline of Halseyville Road, said point being further located South 60° 31’ 24” West a distance of 39.02’ from a point marking the present centerline of Halseyville Road and NYS 96; RUNNING THENCE North 82° 59’ 19” West for a distance of 24.75’ to a point located on the West right of way of Halseyville Road; RUNNING THENCE North 19° 01’ 41” West along the West line of NYS Route 96 for a distance of 224.04’ to an iron pin; RUNNING THENCE North 19° 01’ 41” West along the West line of NYS Route 96 for a distance of 109.68’ to a point; RUNNING THENCE North 82° 44’ 09” West for a distance of 306.00’ to a point; RUNNING THENCE South 07° 15’ 51” West for a distance of 261.60’ to a point; RUNNING THENCE South 65° 23’ 33” East passing through an iron pin at a distance of 169.58’, passing through an iron pin at an additional distance of 303.33’ and continuing for a distance of 28.98’ to a point, said course having a total distance of 501.89’; RUNNING THENCE North 07° 00’ 41” East along the present centerline of Halseyville Road for a distance of 112.13’ to the point and place of beginning; Said parcel having an area of 2.95 acres net to the road right of ways. SUBJECT TO covenants, restrictions, easements and encumbrances of record. For a more particular description thereof, reference is hereby made to a survey map entitled “Survey Map Showing Lands of Robert N. Brown, Sr., Located on Halseyville Road, Town of Ulysses, Tompkins County, New York”, dated 8/18/2009, amended 9/16/2010, 9/15/2011, and 10/10/2016, prepared by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York. The owners of the land on which the Development District is located shall file the map in the Tompkins County Clerk’s office no later than 30 days after the subdivision of the Development District and other lands owned by said owners is approved by the Town of Ulysses.”
 
SECTION 19.
This local law shall supersede or repeal any prior inconsistent local law.
 
SECTION 20.
 
The provisions of this local law are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of the Local Law.
 
SECTION 21.
 
This local law shall take effect upon filing with the Secretary of State.