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Home My WebLink About2019-11-18-PH-FINAL-with attachments1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 n TOWN OF ULYSSES Public Hearing Trumansburg, New York November 18, 2019 TOWN BOARD MEMBERS PRESENT: Elizabeth Thomas, Nancy Zahler, Richard Goldman, John Hertzler, John Zepko, Michael Boggs (telephonically) Khandi Sokoni, Esq., Town attorney REPORTED BY: ELIZABETH BRUCIE, RPR, NYSACR, NYRCR wITA- st lis'p®IltINQ & VI`D,&® (900) 369 - 3302 I 1 SUPERVISOR THOMAS: Hello, good 2 evening, everybody. I'm not used to having 3 a microphone, can you hear okay? Great, 4 okay. All right. Well welcome to the 5 public hearing for the Town of Ulysses 6 about a local law to amend the zoning law. 7 We first need to open the -- so I'm 8 convening the regular meeting. And then I 9 need a motion from the Town Board to open 10 the public hearing. So can I have a 11 motion? 12 JOHN HERTZLER: I move to open the 13 public hearing. 14 SUPERVISOR THOMAS: Do I have a 15 second? 16 RICHARD GOLDMAN: Second. 17 SUPERVISOR THOMAS: Great. All those 18 in favor. Aye? Any opposed or any 19 abstaining? Great. 20 So welcome, my name is Elizabeth 21 Thomas, I am the town supervisor for the 22 Town of Ulysses. And I'm conducting 23 tonight's public hearing on behalf of the 24 Town Board of the Town of Ulysses. I would 3 1 like to introduce you to others who are 2 here. We have Deputy Supervisor Nancy 3 Zahler who is trying to mute council person 4 Boggs. 5 We have council person Rich Goldman 6 and council person John Hertzler. Michael 7 Boggs as mentioned is on the phone. Also 8 our planner John Zepko, and our attorney 9 for the Town Khandi Sokoni is arriving, 10 thank you for coming. And assistant to the 11 supervisor Michelle Wright is in the back, 12 so Michelle give a little wave, great. And 13 also our town clerk, Carissa Parlato, and 14 our stenographer Beth Brucie doing magic at 15 capturing all the words. 16 So the subject of this public hearing 17 is the proposed local law and it's got a 18 long name, it's the local law is to repeal 19 in its entirety the Town of Ulysses Zoning 20 Law as adopted by Local Law Number 3 of 21 2013, amended from time to time, and 22 codified as Chapter 212 of the Laws of the 23 Town of Ulysses, and in its place adopting 24 a new local zoning law. M 1 So changes have been made to most of 2 the sections of Chapter 212, which is 3 zoning in our code, some more extensive 4 than others. These changes have been made 5 with the inclusion of numerous residents 6 representing boards and groups such as the 7 Planning Board, the Conservation and 8 Sustainability Advisory Board, the 9 Agriculture Committee and the Board of 10 Zoning Appeals, and also the Jacksonville 11 Community Association. 12 Individual pieces of the zoning have 13 been reviewed and discussed and this 14 proposed zoning law takes all those parts 15 and rolls them into one document, the Town 16 of Ulysses Zoning Law. To clarify, two 17 suggested changes that were previously 18 included and recommended in the zoning by 19 the Zoning Update Steering Committee based 20 on the recommendations of the Comprehensive 21 Plan and the Ag and Farmland Protection 22 Plan have been removed. These are 23 subdivision limitations sometimes referred 24 to as the 70/30 or the 80/20 or the divide 9 1 by ten or divide by 15 plans. This land 2 preservation method was removed from the 3 zoning update and has not been replaced 4 with anything equivalent. 5 Also removed is the extension of the 6 conservation zone up the hill side from 7 Cayuga Lake. So the conservation zone area 8 will remain the same as it has been since 9 2013. 10 Some copies of the proposed zoning 11 regulations for the new zoning law are 12 available for review by the door. The full 13 text of the entire law consists of 14 241 pages. So it is available on the town 15 website for download or the town clerk can 16 provide you your own printed copy for a 17 fee, or you can also get, there is printed 18 versions that you can borrow from the town 19 office. So there are free versions as 20 well. 21 So some administrative parts of this 22 that are required at a public hearing. The 23 date of this public hearing was set by 24 resolution of the Town Board on October 22, C 1 2019, and a notice of this hearing was 2 published in the Ithaca Journal on 3 November 1st, 2019. Posted on the clerk's 4 bulletin board on November lst, 2019, as 5 well as posted to the town website, 6 announced on the town list serves on 10/24, 7 11/14 and 11/18. Notice of the public 8 hearing was mailed on November 1st, 2019 by 9 the Ulysses Town Clerk to the clerks in the 10 Towns of Covert, Hector, Ithaca, Lansing 11 and Enfield, to the clerks in Tompkins, 12 Schuyler and Seneca Counties, to the 13 Tompkins County Planning Department, the 14 Ulysses Planning Board, the Ulysses Board 15 of Zoning Appeals, the Ulysses building and 16 code officer, the Regional New York State 17 Parks Commission, the New York State 18 Department of Agriculture, the New York 19 Department of Environmental Conservation, 20 and on November 7th to the Village of 21 Trumansburg. 22 This has been a long process as many 23 of you are aware, with the Town Board 24 receiving a grant from NYSERTA in 2014 to 7 1 update the zoning and initiating work in 2 2015 by hiring a consulting firm; and on 3 October 13, 2015 appointing a Zoning Update 4 Steering Committee. 5 Only one public outreach is required 6 by New York State to update zoning. And it 7 is in the form of this public hearing 8 tonight, this is the formal end. But one 9 of the reasons this update has taken so 10 long is that the Town Board of Ulysses 11 believes in going beyond the State's 12 requirements. Besides the discussions at 13 public meetings, most of which have 14 included privilege of the floor, outreach 15 has been February 27, 2016, the kickoff 16 meeting, April 14, 2016, an outreach and 17 input meeting for ag and ag landowners. 18 June 6th, 2016, outreach to Jacksonville. 19 A January 19th, 2017 outreach meeting to 20 Jacksonville. August 18th, 2017, a list 21 serve announcing a public information 22 meeting. November 30th, 2017, another 23 public information meeting. December 22, 24 2017, announcing a comment period through I 1 February of 2018. April 2018 presentation 2 to local Rotary and advertised in local 3 papers. August 2018, August 20th, 22nd 4 and 23rd there were open houses at town 5 hall. August 30th was a public information 6 meeting here at the Trumansburg Fire Hall. 7 A second comment period, February 8th, 2019 8 and February 13th, 2019, more open houses 9 at the town hall. And then October 28th, 10 29th and 30th this year, more open houses 11 at the town hall. So quite a few 12 outreaches. 13 So tonight's meeting though is a 14 formal public hearing. And it's a time for 15 the Town Board to listen to your comments 16 from the public on the proposed local law. 17 It's not a time to answer questions or 18 debate the matter. But if you do have 19 questions, please contact John Zepko or 20 myself or other Town Board members after 21 the public hearing. 22 So John Zepko, our planner will now 23 briefly speak to some of the highlights of 24 the proposed zoning law. E 1 JOHN ZEPKO: Thanks, Liz. My name is 2 John Zepko, I'm the town planner of 3 Ulysses, for the Town of Ulysses. Liz, 4 thanks for the introduction, and you did a 5 really great job summarizing what's been 6 done so far. 7 As Liz mentioned, the Zoning Update 8 has been going on for quite some time. It 9 was based as a response to the Town's 10 Comprehensive Plan from 2009, and the Town 11 has really attempted to come in alignment 12 with the future land use goals of that plan 13 as well as specific goals and 14 recommendations to preserve and protect 15 agriculture and some of the rural 16 characteristics of the town as well as 17 preserving and protecting environmental 18 resources, surface and ground waters, 19 etcetera. 20 I won't go into detail on all of the 21 changes, because there are quite a few 22 changes to the zoning code. But very very 23 broadly speaking, the Town has taken the 24 A-1 districts, which was about 9,400 acres, 10 1 the R-1 and R-2 districts which combined 2 for about 6,000 acres, and dissolved them. 3 And replaced that with the A/R district, 4 agricultural/rural which is now about 5 14,600 acres in size. And the R, just 6 residential district which is about 1,700 7 acres in size. 8 We added some uses to try to increase 9 the viability and diversity of agricultural 10 operations such as agricultural education 11 and recreation events, farm cideries, farm 12 distilleries, farm wineries, farm operation 13 accessory commerce, lodges, things like 14 that have all been added to the 15 agricultural/rural zone. 16 Jacksonville which under the current 17 zoning is zoned a hamlet has been split 18 into two different zoning districts, the 19 Hamlet Neighborhood and Hamlet Center. 20 Residential density has been decreased 21 overall in Jacksonville and for the future, 22 and most of the commercial uses have been 23 eliminated in the Hamlet Neighborhood 24 portion. 11 1 In addition to that, the light 2 industrial district on the southern portion 3 of the Town have has been eliminated and 4 replaced with the office technology and 5 mixed use area, we call that OTMU for 6 short. The uses in that area have been 7 expanded, still includes office and 8 research and development as well as 9 hospitality, some agricultural uses, 10 etcetera. 11 We've introduced some design 12 guidelines, design standards as well as 13 landscaping standards for commercial uses 14 undergoing site plan review. And that's 15 really it in a nut shell. 16 I would like to reiterate that the 17 last time this plan had gone public, we did 18 have a very controversial issue with the 19 limitations on the subdivisions of parcels, 20 and that has been removed; as well as there 21 was a proposed expansion for the 22 Conservation District which also has been 23 removed. So those things are no longer 24 part of the plan. 12 1 SUPERVISOR THOMAS: Great, thanks. 2 And as you can see, this is the most 3 current map, the one that accompanies the 4 zoning. So that will just be up there for 5 the rest of the meeting. 6 Okay. So again, the purpose of the 7 public hearing is to afford the general 8 public an opportunity to make statements 9 and comments about the proposed revision -- 10 proposed new law. To allow for a smooth 11 and fair process and to ensure that 12 everyone has chance to speak and be heard, 13 this will not be a question and answer 14 session. 15 The hearing will remain open until 16 all members of the public who are present 17 at the hearing have been given an 18 opportunity to make statement or comment on 19 the proposed amendments. 20 There will be a -- there is, in the 21 process a stenographic transcript of this 22 hearing, so you will have it verbatim. 23 Comments presented at this hearing 24 will be taken into consideration by the 13 1 Town Board when it considers action on the 2 proposed local law. The Town Board may 3 take action on this local law later this 4 month on its meeting Tuesday November 26th, 5 or Tuesday December 10th. But the agendas 6 for these meetings have not been set. And 7 we haven't heard the comments yet. So the 8 agendas are always posted on the website. 9 Written comments submitted prior to 10 the hearing will be considered by the Town 11 Board. The Town Board will also accept and 12 consider additional written comments 13 received until the end of tonight's public 14 hearing. So any written comments that 15 we've received so far will be part of the 16 record, of tonight's public hearing. 17 In order to give everyone an 18 opportunity to speak, each speaker will be 19 allotted three minutes to make their 20 comments. The speakers will be given a 21 signal when one minute of time remains. If 22 you would like to make a comment, please 23 sign up at the sign in sheet at the door. 24 I will call speakers in the order that they 14 1 have signed up on the sheet. If you didn't 2 sign up when you arrived, please go back to 3 the back of the room and do so or see 4 Michelle Wright who will be circulating 5 with that sign up sheet. If you would 6 rather have your comment read for you, just 7 submit it to Michelle and we will have 8 someone read it. These written comments 9 must comply with the allotment of three 10 minutes, but if over three minutes, the 11 entire written comment will still be 12 included in the formal record. 13 Finally, you may submit written 14 comments tonight that will be part of the 15 formal record, but it doesn't have to be 16 read out loud. These have to find their 17 way to Michelle, and there is paper in the 18 back of the room there if you want to 19 write. 20 So we will have some microphones 21 circulating here, we will ask you to use 22 those. Each speaker will have one 23 opportunity to comment, and at the end, 24 when all the speakers have had a chance to 15 1 comment, the Board can decide if all the 2 speakers, or anyone who wants to have a 3 second round of comments. 4 I ask that you state your name, and 5 the municipality in which you reside, your 6 address is also helpful but not required. 7 If you're appearing as a representative of 8 an organization or a government entity, 9 please identify the organization or entity 10 and state its address. 11 Okay. So next I will address more 12 administrative matters, let's see here, we 13 do have the public hearing notice in the 14 Ithaca Journal, and the affidavit of 15 publication. And this beast in here is the 16 proposed local law. 17 So let's see, may they be added to 18 the record as exhibits of the transcript? 19 And Michelle, if you have the sign up 20 sheet, is there any names on it, then I 21 will take those now. 22 So I will call speakers now. We have 23 first Evan Romer and then second will be 24 John Wertis, so let's give Evan a 16 1 microphone. And then John, if you could 2 be, sort of stick up your hand so we can 3 give you a second microphone, that would be 4 great. Evan, go ahead. 5 CARISSA PARLATO: I am going to be 6 keeping the time, and I will hold this up. 7 EVAN ROMER: So I have two comments. 8 Evan Romer, I live in Waterburg in Ulysses. 9 I have two comments. On the issue of 10 subdivision limitations, I'm disappointed 11 in the outcome. When the Zoning Update 12 Committee first proposed limitations on the 13 number of times the parcel could be 14 subdivided was changed to 80/20 and later 15 changed to 70/30. And in the end the Board 16 just dropped all limitations on subdivision 17 and development. 18 So rather than find a fair compromise 19 such as 70/30, we end up with no 20 limitations on sprawl and development. And 21 the Board chose to ignore the Town 22 Comprehensive Plan. 23 So I urge this Board or a future 24 Board to revisit and see if we can find a 17 1 reasonable compromise that will not leave 2 the town vulnerable to widespread sprawl. 3 At the meeting when the Board voted 4 to drop the 70/30, someone made a comment 5 to the effect that the time to address 6 urban sprawl is before it becomes a 7 problem, not after it becomes a problem. 8 My second comment is that if at this 9 point, the question is should the proposed 10 plan be passed or not, I support passing 11 the plan. There are a lot of good 12 provisions such as the dark skies 13 provisions, signage and parking and a lot 14 of updates that I would support at this 15 point. Thank you. 16 SUPERVISOR THOMAS: Thank you. And 17 John Wertis now. 18 JOHN WERTIS: Right here. I'm going 19 to speak without this, can you hear me? 20 First of all I would like to extend my 21 thanks and appreciation to the ZUSC 22 committee, the expanded ZUSC committee and 23 the Town Board and probably the Planning 24 Board for the attempts that they have made 1 to make improvements in the protection of 2 our streams and wetlands. 3 Having said that, we're going to have 4 two caveats, I don't think they're quite 5 there yet. And I say that because I went 6 through the proposed zoning and compared it 7 to current zoning. The current zoning, in 8 the past we have used, or presently we are 9 using the federal wetlands or the state 10 wetlands designations to make judgments 11 about where we have wetlands. In the new 12 zoning, it says no buildings or other 13 structures or parking areas shall be 14 located within 100 feet of a New York State 15 registered wetland; but it continues, no 16 building or other structures or parking 17 area shall be located within 50 feet of any 18 federally or locally designated wetland. 19 Locally designated wetland was a 20 whole new term to me, I had not heard that 21 it had been discussed; and I explored that, 22 and discovered that at your July 23rd 23 meeting, you passed a resolution that 24 adopted these maps, (INDICATING) which were 1 put out by a consortium of largely county 2 people to -- and based on some mapping that 3 was done by somebody at the county level, 4 for all, I believe for all the towns in the 5 county. And as I understand it, the Board 6 has adopted our section, or the eight pages 7 that show that. 8 CARISSA PARLATO: One minute 9 remaining. 10 JOHN WERTIS: Yes, I can wind up. 11 But I got ten more seconds because you 12 interrupted me. 13 So my real question is when you start 14 looking at this map, now you have three 15 different possibilities of designating the 16 wetlands. Which ones do you use when you 17 actually come down to having to -- well, 18 which ones do the Planning Board use when 19 they have to make decisions? Do they use 20 the federal, the state or the local? 21 And the thing is when you look at 22 these maps, they don't all coexist in the 23 same place. There's some overlapping, but 24 there's quite a lot of difference between 20 1 that mapping. And the other aspect of that 2 is all the little farm ponds that were 3 constructed by bulldozers are mapped on 4 this as a wetland. What if you want to 5 alter that farm pond? What if you want to 6 clean it out or expand it? The way the 7 regulations are written, you can't run a 8 bulldozer in there because it will be 9 regraded in doing things. 10 So what I'm really saying is I think 11 you need to go back and take a look at the 12 wetland portion of the proposed zoning, and 13 make some alterations and clarify that much 14 further. Thank you. 15 SUPERVISOR THOMAS: Great, thank you. 16 And we can talk more about the maps as well 17 offline. Okay, next is Peter Houghton and 18 after that Tim Fallon. 19 PETER HOUGHTON: Peter Houghton, 1333 20 Taughannock Boulevard. I object to the 21 proposed zoning amendment of Article VIII, 22 Section 212-47. 23 COURT REPORTER: I'm sorry, you have 24 to go a little slower. 21 1 PETER HOUGHTON: I object to proposed 2 zoning amendment of Article VIII, Section 3 212-47 of the Lakeshore Code. The 4 objection is the insertion of a new 5 paragraph N. I object to the proposed 6 amendment of Article IX, Section 212-54 of 7 the Conservation District Code. The 8 objection's to new paragraph I. 9 Modifications to the Lakeshore and 10 Conservation District Codes were not part 11 of the town's zoning consultant's 12 assignment, nor the initial public 13 announcement of the code update, nor any 14 public information sessions nor any public 15 open houses for the four expanded public 16 presentations between January 16, 2016 and 17 2019. 18 I spoke with Supervisor Thomas in 19 2016 to inquire if this new update study 20 would be revisiting these two zones. She 21 stated the zones are only three years old, 22 and assured me they would not be modified 23 under this study. 24 The Town's zoning code update effort 22 1 has taken two and a half, three years. The 2 Town Steering Committee has formed to 3 provide input. Three public information 4 meetings were held and in February 2019 two 5 open houses were held with the consultant's 6 final report. 7 Following the open houses, Town Board 8 meetings, agendas for February, March and 9 April, included Board review and 10 discussions of specific language and 11 various details of the proposed zoning code 12 update. None of the Board's written work 13 or open discussions at those meetings made 14 any reference to adding text changes to the 15 Lakeshore or Conservation District code. 16 Minutes of some 50 meetings of the Steering 17 Committee contained no notes about changes 18 to either zone. 19 I was greatly perplexed and angered 20 when I reviewed the recently revised code 21 update of August 22, 2019. 22 CARISSA PARLATO: One minute. 23 PETER HOUGHTON: In its final version 24 1 found a new paragraph N inserted in -- or 23 1 I, inserted in the Conservation Code, and N 2 in the Lakeshore Code. It remains a 3 mystery to the public how, when, why, and 4 with what rationale paragraphs N and I were 5 created and inserted into the study. 6 Changes appeared without public 7 explanation, justification or discussion of 8 their need. Another mysterious aspect of 9 these paragraphs is they were initially 10 created with footprint maximum of 11 6,000 square feet, tonight's version now 12 has a 2,000 square foot limit. 13 In summary, after years of numerous 14 reviews and studies, with no mention of 15 Lakeshore or Conservation District changes 16 whatsoever, these two new paragraphs now 17 appear in tonight's final code update. The 18 lack of public notification and awareness, 19 along with their conflict with existing 20 parameters in both codes make their 21 inclusion in this final report 22 inappropriate. 23 I remind the Board of the words of 24 the Town Attorney spoken throughout this 24 1 update process, she stated that any 2 alteration you make to the existing zoning 3 code must have justification, and be 4 defensible. 5 CARISSA PARLATO: Your time is up. 6 PETER HOUGHTON: Paragraphs N and I 7 fail on both counts. They need to be 8 deleted from the October 22, 2019 final 9 zoning update. 10 CARISSA PARLATO: I'm sorry, your 11 time is up. 12 SUPERVISOR THOMAS: Thank you for 13 your comments. We now, Tim Fallon and next 14 after Tim will be Chaw Chang. 15 TIM FALLON: Good evening, my name is 16 Tim Fallon, I reside at 3 Midpoint 17 (phonetic) in Town of Ulysses. Several 18 years ago the terms of the Lakeshore Zoning 19 area were heavily and contentiously debated 20 and codified. And I don't look back on 21 that as a fun process and I don't think the 22 Board enjoyed it. 23 With the most recent additional town 24 initiatives to complete the zoning for the 25 1 rest of the town, we were told that the 2 Lakeshore and Conservation portions were 3 complete, and there would be no further 4 changes. The current draft has a new 5 paragraph N added to Article VIII, Section 6 212-47 with a building footprint limitation 7 of 2,000 square feet. Earlier in 2019, the 8 so-called paragraph N limitation was first 9 included with a 6,000 square foot 10 limitation, but we cannot find any public 11 discussion or determine how paragraph N was 12 started or how those changes were included 13 or how we ended up at 2,000 feet. 14 The Lakeshore Zoning that we were 15 told would not change has a footprint 16 limitation of five percent of the lot size. 17 With the October 22, 2019 draft language, a 18 2,000 square foot limitation is most 19 unreasonable. If somebody wanted to have a 20 two -car garage and a small workshop with 21 perhaps 750 feet per garage and workshop, 22 it would leave only 1,250 square feet of 23 single floor living space. A footprint 24 with that limitation would simply be 26 1 unacceptable. 2 In addition to the impractical 3 limitations, I'm also concerned with the 4 progress or lack of progress that made the 5 proposed changes with the addition of 6 paragraph N. Where was the discussion? 7 What happened to the multiple reassurances 8 that the Lakeshore/Conservation District 9 was complete? 10 I ask that paragraph N of 11 Section 212-47 be totally deleted from 12 Lakeshore Zoning District as well as 13 paragraph I of Section 212-54 from the 14 Conservation Zoning District. Thank you 15 for your consideration. 16 SUPERVISOR THOMAS: Thank you. Chaw, 17 you're next, and after that Monika. And I 18 have to say, I'm sorry to say, I can't read 19 the name of the next person who is after 20 Monika. So we will work that out. If you 21 signed up, you can raise your hand. So 22 Chaw? 23 CRAW CHANG: My name is Chaw Chang. 24 I operate the Stick and Stone Farm at 1605 27 1 Trumansburg Road, and I'm also the ag 2 committee chair. I am speaking mainly 3 about the changes to the A/R zone. I 4 believe the majority of the changes make it 5 harder rather than easier for the land to 6 be used in a rural manner. One of the 7 unique aspects of rural land use as opposed 8 to urban or suburban land use is the 9 ability to work where you live. Reducing 10 the number of primary residences of 11 buildings to one, restricting maximum 12 square footages for non ag buildings to 13 5,000 square feet and ag buildings to 14 20,000 square feet and increased 15 restrictions of signage in the A/R zone all 16 make it harder to work where you live. It 17 is I suppose to protect the residents of 18 the rural zone that do not work where they 19 live. But you're doing that at the cost of 20 the people using the land in a 21 traditionally rural manner. 22 If this law was in existence when I 23 was moving to this town in 2003, I would 24 have hesitated to move here. These 1 restrictions do not make me feel welcome in 2 this town. 3 Another point I want to make, is that 4 these zoning updates contradict Ag District 5 law. I believe Bob Somers had made 6 comments or is about to submit comments 7 stating to this fact. I have repeatedly 8 sent you guys comments from other ag and 9 markets people commenting on this. This 10 makes it so that, those portions would be 11 unenforceable by the Town without court 12 action. The contract in the Ag District 13 law also contradicts the recommendations of 14 the Town's own Ag and Farm Land Protection 15 Plan. I have with me excerpts from that I 16 plan to submit for you to the record. 17 These make it very difficult to defend in a 18 court of law, and would make the town 19 liable to further litigation as well. 20 And lastly, I would like to say that 21 this all very much a broken record for me. 22 I have been stating this time and time 23 again for the last three or four years. 24 CARISSA PARLATO: One minute. 29 1 CHAW CHANG: As ag committee chair, 2 it's quite obvious to me that the Town does 3 not hold our committee to high regards, and 4 I believe it's a waste of my time to 5 continue to serve. And I hereby resign. 6 SUPERVISOR THOMAS: Monika Roth? 7 MONIKA ROTH: Hi, I'm Monica Roth, I 8 live in Ithaca. I'm on the County Ag and 9 Farmland Protection Board, and I am here in 10 that capacity. I did send a statement from 11 the Ag and Farmland Protection Board to 12 Carissa -- looks like you got it, thank 13 you. 14 And we want to also comment on the 15 process, in terms of the Agriculture 16 Committee and their ability to have impact, 17 if you will, on some of the language in the 18 new zoning. 19 And further we also concur with the 20 comments that Bob Somers has provided. Did 21 you get his comments? Okay. And that we 22 would encourage the Town to look at those 23 closely so that you are not in conflict 24 with Ag District law which is a New York 30 1 State law. And you are, a portion of the 2 town is in agriculture district 2, and it 3 does provide benefits to the farm community 4 to be in an ag district. And certainly, if 5 the town zoning is in contravention with 6 the Ag District law, that doesn't really, I 7 mean why have the Ag District law, quite 8 honestly? 9 So we further encourage you to look 10 at the specific comments that Bob made, and 11 look at making some of the changes that he 12 recommends. Especially those things that 13 are considered unreasonably restrictive, 14 because instead of celebrating the amazing 15 agriculture you have here, it feels a 16 little bit more like it's trying to -be 17 regulated, not completely out of existence, 18 but regulated to the extent that it makes 19 it difficult for farmers to make a living. 20 And it's not an easy living to make. Thank 21 you. 22 SUPERVISOR THOMAS: I have one more 23 person who signed up. And then Michelle, 24 if you want to pass around the sign up in 31 1 case other people -- that's the end of our 2 sign ups here. But you can still sign up. 3 Just put your hand up and Michelle will 4 come over to you. 5 LEN DAVIDSON: I'm Len Davidson, I 6 can't sign my name. I'm from Lansing, we 7 are that way. And I'm also head of 8 Tompkins Farm Bureau, also on the Ag and 9 Farmland Protection Board. I'm on the 10 Planning Board over in Lansing, the other 11 side of the lake. And I just wanted to 12 just come from 30,000 feet, I do concur 13 with the wetland, or whatever they call it 14 that John brought up, that the county did. 15 It doesn't comport with ground -- it's 16 right in some places and as we talk about 17 farm ponds and man-made things that are 18 there already, I don't think that anybody 19 wants to try to understand it or deal with 20 it. 21 Any way, I concur with Chaw, and the 22 work he's done. Again Bob Somers has 23 comments. I will not try to quote chapter 24 and the verse on that. And to Monika, yes, 32 1 let's have vibrant ag in Trumansburg and 2 the Town of Ulysses. Thank you very much. 3 SUPERVISOR THOMAS: I see, I can make 4 out your name now. Lawrence McCann? 5 LAWRENCE McCANN: Lawrence McCann, 6 Ulysses. We feel misled, once again I wish 7 to point out spot zoning district in New 8 York State is illegal. We find just 9 tonight that inserted with a proposed 10 zoning update is a brand new paragraph N 11 which reduces the footprint of a new 12 building to 2,000 square feet in the R-2 13 District. This is an arbitrary, sudden and 14 misrepresented addition by the Board, added 15 apparently just a few weeks ago with no 16 warning and no discussion. 17 I request that you withdraw this 18 paragraph N. It is unnecessary, overly 19 restrictive, unjust and created without 20 public knowledge nor input. Paragraph N 21 has no justification. 22 Now a final note, as a result of our 23 experiences with the Town Board zoning 24 process, we too feel unwelcome in this 33 1 town. We, as an entire family, no longer 2 spend any money, any time enjoying Ulysses 3 as a result of the Zoning Board's cavalier 4 behavior. 5 SUPERVISOR THOMAS: Okay. Anyone 6 else signed up? If not -- I'm sorry. 7 I think at this point, if you want to 8 just raise your hand, if you would like to 9 make a comment, that's fine. Your name is 10 already on the sign up sheet. So I will 11 just put the checkmark on there. So go 12 ahead, Roxanne. 13 ROXANNE MARINO: Okay, my name is 14 Roxanne Marino, live at 4124 Reynolds Road. 15 I served on the ZUSC, I'm the chair of the 16 Conservation Sustainability Advisory 17 Committee, former Town Supervisor, former 18 Town Board member. So I have worked on 19 this issue, listened to a lot of this 20 discussion probably pushing 20 years now. 21 I want to thank the Town Board for 22 the opportunity to speak on this topic. It 23 is of great importance to our whole 24 community. And to thank the Town Board 0 1 members and the Town staff for the many 2 hours of hard work each of you has put into 3 this revision project. 4 This was initiated by a grant, to 5 bring the Town Zoning Law in line with the 6 Town Comprehensive Plan. Specific foci 7 highlighted are to promote and preserve 8 agricultural lands, forests and open space 9 and to grow the ag economy and tourism 10 opportunities throughout the town, as well 11 as to create design standards to revitalize 12 the hamlet of Jacksonville. 13 with regards to areas for improving 14 the current agricultural zoning, the 15 application mentions the type of zoning 16 introduced in the 2013 Ag and Farmland 17 Protection Plan that could be considered, 18 and states that the Town will review the 19 pros and cons of many techniques in order 20 to find what will work best to balance land 21 preservation and the financial realizations 22 of farmland owners. 23 Further, we expect the outcomes of 24 the agricultural and hamlet zones to be 35 1 unique to Ulysses but a model for other 2 communities to be considered as they 3 balance rural resources and economic growth 4 in targeted areas. 5 This proposed law does indeed contain 6 a great detail in design standards and 7 principles for the Hamlet District towards 8 achieving comprehensive plan goals, it also 9 addresses some of the other priority goals 10 of that grant, by allowing more uses that 11 focus on value-added farming enterprises 12 and encouraging tourism related to 13 businesses in the agricultural/rural zone 14 and throughout the town. 15 However, I find it deeply 16 disappointing to see the lack of any real 17 progress on the other stated major goal of 18 the zoning update: Quote, strengthening 19 protection of farmland and open space. 20 CARISSA PARLATO: One minute. 21 ROXANNE MARINO: Okay. And in the 22 Purpose Statement of the proposed new 23 zoning, it says that the A/R zone protects 24 existing agricultural areas by limiting 36 1 suburban and urban development. Many ideas 2 that were put forward in reviews that we 3 have had two formal reviews by planners of 4 the zoning in the past eight years for the 5 protection of agricultural land were 6 discussed by the ZUSC and put forward to 7 the Town Board, a lot of research was done, 8 many detailed suggestions were made. 9 In the end, here with this document 10 there is no method to limit allowable 11 residential development or to promote 12 preservation of larger parcels of land for 13 agricultural use current or future. 14 And our current ag zone adopted in 15 2005, so now almost 15 years ago, the only 16 constraints to development are the limited 17 lot size, frontage and setback, the same as 18 to what you have now. This does not meet 19 one of the central stated goals of the 20 zoning revision. 21 The Conservation Sustainability 22 Advisory Committee and myself have 23 submitted many comments on the reasons for 24 limiting residential development in a zone 37 1 that's designed for the purpose of 2 agriculture, including protection of water 3 resources and -- you can read it all again. 4 And I urge you to do please so. 5 SUPERVISOR THOMAS: For anyone who 6 has written comments, you can certainly 7 submit them to us and the whole thing will 8 be included in the record. So if you 9 didn't get through your comments, please do 10 come, at any time and submit them, between 11 now and the end of tonight. 12 It's been a while since we've put 13 this out. So but if you do have written 14 comments prepared, we're accepting them 15 tonight as well. 16 Anyone else with comments? 17 PUBLIC SPEAKER: You indicated we may 18 have a second chance? 19 SUPERVISOR THOMAS: Let me see if 20 there is anyone for the first round first. 21 Anyone else who has not spoken who would 22 like to speak again? 23 So Board, are you amenable to going, 24 if we have a second round of comments, then We 1 everyone gets a second chance? So, what 2 does the board think about that? 3 RICHARD GOLDMAN: Sure, sure. 4 SUPERVISOR THOMAS: I think of you as 5 part of the Board. 6 So the Board is amenable to that. 7 Again three minutes will be the limit. So 8 if anybody wants a second try, go ahead and 9 raise your hand. Roxanne, would you like 10 to finish yours? 11 ROXANNE MARINO: Sure. I just said 12 it all. Okay. So I started rushing when I 13 said this does not meet one of the central 14 stated goals of the Zoning Revision Project 15 or the Town's Guiding Planning documents or 16 Principles of Agricultural Protection 17 Zoning. 18 And prime agricultural lands are an 19 irreplaceable natural resource and there 20 are many reasons to take action to preserve 21 it now in our town before significant 22 development pressure and accelerating loss 23 of farmland is observed. These are 24 described in many publications by the 39 1 American Farmland Trust and other groups, 2 and in the Ulysses Guiding documents. As 3 the American Farmland Trust Document 4 Planning for Agriculture in 2011 says, 5 agricultural protection zoning is suited 6 for a more rural community with lower 7 development pressure as a way to stabilize 8 the agricultural land base. 9 The often heard argument during this 10 process that Ulysses hasn't seen increasing 11 development pressure accelerating so far, 12 so there isn't a problem that we need to 13 address at this time is at odds with the 14 very premise of land use planning which is 15 for the future. There are a variety of 16 reasons for limiting residential density in 17 a zone that is designated as the purpose of 18 this A/R zone states, and zoning should 19 benefit the whole community. Several of 20 these relate to protecting public health 21 and and future cost to the town for 22 services and infrastructure. 23 SUPERVISOR THOMAS: The stenographer 24 can't quite keep up with you. we 1 ROXANNE MARINO: In the 2016 kickoff 2 presentation for this effort, the 3 consultant -- dispersed rural/residential 4 development is revenue negative for a 5 municipality whereas residential farming 6 and open space is revenue positive. 7 Increasing housing in this area, A/R 8 is likely to set the Town up for future 9 demands for water districts which are 10 extremely costly to establish and maintain, 11 as the Board knows full well from the 12 current problems with water district 3. 13 And are in direct conflict with New York 14 State's Ag and Market policies against 15 lateral restrictions on water lines in 16 agricultural districts for non farmland 17 development. 18 Access to reliable groundwater in 19 wells in rural areas has been identified as 20 an issue in much of our town, a rural water 21 study done around 2010; with increased 22 development, pressure on the already low 23 producing aquifers could result in more 24 demand by residents for these water 41 1 districts. In addition to the supply 2 concern, there should also be serious 3 concern about protecting water quality in 4 the Town and the potential for 5 contamination of nearby residential wells 6 by agricultural activities, including 7 application of herbicides and pesticides, 8 and the increasing practice of spreading 9 CAFO liquid manure on fields in this town. 10 Lastly, I speak in strong support of 11 the added design standards for DEC 12 regulated animal waste facilities and the 13 requirement that CAFOs operating in Ulysses 14 submit their nutrient management plan to 15 the Town. The Town has the right as stated 16 in the Ag and Markets law to adopt such 17 standards to protect public health and 18 safety as necessary in Ulysses. 19 I understand there is fatigue over 20 this zoning revision process, and I 21 sincerely appreciate the time everyone has 22 put in this huge effort, and I know the 23 Board wants to be done with this. Still, I 24 hope there might be some way that a 42 1 consensus can be found by the Town Board, 2 to include a strategy that will include 3 proactive subdivision planning, and so 4 protection of agriculture in open lands 5 now, before there is significant 6 development pressure. There is a lot of 7 ideas out there, and surely there is 8 something in one of them that can be found 9 as a fair compromise. 10 Thank you for letting me have this 11 time. 12 SUPERVISOR THOMAS: John Wertis, 13 would you like a second crack? 14 JOHN WERTIS: Yes, I would. 15 SUPERVISOR THOMAS: You're on. 16 JOHN WERTIS: I just like to make the 17 suggestion that the Town Board take into 18 consideration the recommendations and ideas 19 they've heard tonight, discuss them, 20 perhaps make some changes, or finish some 21 work that has yet to be done on the zoning 22 changes; but then once that's done and 23 passed, that one of the top priorities you 24 should set is to have a new Ag and Farmland 43 1 Protection Plan written with appropriate 2 input from all the different parties 3 involved. But recognizing that probably 4 the people that are involved in agriculture 5 should have a strong voice in that. That's 6 my recommendation without going back into 7 any past histories. 8 SUPERVISOR THOMAS: Thank you. 9 Anyone else? Mr. Houghton? 10 PETER HOUGHTON: In my remaining time 11 let me give a quick example of showing the 12 absurd shortcoming of the new building code 13 building footprint size limitations of both 14 paragraph N and paragraph I of 2,000 square 15 feet. A new owner may desire to build a 16 residence with an attached garage, and all 17 living space on the first floor for either 18 age or maybe disability reasons. 19 A normal two bay garage with some 20 workbench space would be a footprint 21 probably around 24 by 28 feet, that's 22 672 square feet. If it's attached to the 23 residence, it becomes part of the footprint 24 of the residence. That leaves 1,328 square 1 feet of living space for bedrooms, 2 bathrooms, kitchen, entry hall, office, 3 laundry center, sun room, family room, fun 4 room, dining area and living room. 5 Engineering wise, and I am a licensed 6 engineer, it is impossible to cram all that 7 into 1,328 square feet. No property owner 8 is going to accept investing in expensive 9 Lakeshore zone lot only to become 10 completely hamstrung by these unreasonable 11 restrictions. 12 If the Board has some rationale and 13 reasons that they haven't shared with the 14 public yet for instituting paragraph N and 15 paragraph I, and they feel that it is 16 necessary to override the five percent code 17 that's already in the Conservation District 18 and the Lakeshore District, then please use 19 commonsense and at least increase this code 20 limit to some 5,000 or 6,000 square feet so 21 someone can build a home and have a one 22 story living area with an attached garage 23 and maybe an attached sun room or an 24 attached deck and still have some 45 1 3,000 square feet left for their living 2 space. The 2,000 square foot restriction 3 is just totally irresponsible and absurd. 4 Thank you. 5 SUPERVISOR THOMAS: Okay. Anyone 6 else, first or second time? Mr. McCann? 7 LAWRENCE McCANN: Supervisor Thomas 8 states these proposed zoning update code 9 has been out there a while, as apparent 10 justification -- 11 SUPERVISOR THOMAS: The stenographer 12 can't hear you so you will need to -- 13 LAWRENCE McCANN: Supervisor Thomas 14 states this proposed zoning update, quote, 15 has been out there a while as apparent 16 justification in closing the comment period 17 tonight. It appears paragraph N was added, 18 the update on October 22nd, the end of last 19 month. 20 SUPERVISOR THOMAS: Okay. Anyone 21 else. Chaw? 22 CRAW CHANG: Yeah, I just would like 23 to reiterate what John Wertis said about 24 the Ag Farmland Protection Plan. In the M 1 plan itself, it says it needs to be updated 2 every five years. If it was adopted in 3 2013, any further zoning changes beyond 4 that really requires a significant update. 5 Agriculture has changed dramatically in the 6 last five years since the plan was adopted. 7 And I think that is a really good idea to 8 update that. 9 SUPERVISOR THOMAS: Anyone else? 10 LEN DAVIDSON: Len Davidson, the 11 foreigner again. I would just like to 12 point out that you want to save farmland, 13 to have successful farms, farms like 14 Chaw's, farms like Bergen's farm, that get 15 the job done, and you won't have to take 16 care of the farmland. And I just think 17 that the, you know, structures of limiting 18 everything, the DEC has rules on, and EPA 19 rules on pesticides, rules on how you deal 20 with manure application. The CAFO is a 21 farm right now that's over 299 cows. It's 22 not some hugely corporate or remote. These 23 are your neighbors. And they're not out to 24 do you in. So I would just like you to M 1 realize that successful farms save 2 farmland. You can't do much else. Thank 3 you. 4 SUPERVISOR THOMAS: Anyone else? 5 First or second? Last chance. Okay. The 6 time is 7:52 p.m. So we're sure no one 7 else has anymore comments? We did have 8 written comments from a few people, and 9 from New York State Ag and Markets, those 10 will be included, we will provide those so 11 that they are included in the record. So 12 Ag and Markets also the County 239 review 13 will be included as well as a requirement. 14 And I think there were a few more 15 comments that came into the town clerk. So 16 we will include those as well. Great. 17 Okay. We will then conclude this 18 public hearing. I will need a motion to 19 close the public hearing? 20 NANCY ZAHLER: So moved. 21 SUPERVISOR THOMAS: Is there a 22 second? 23 RICHARD GOLDMAN: Second. 24 SUPERVISOR THOMAS: All those in MR 1 favor. Aye. Any opposed or abstaining? 2 And a motion to adjourn. 3 RICHARD GOLDMAN: Move to adjourn. 4 NANCY ZAHLER: Second. 5 SUPERVISOR THOMAS: All in favor, 6 aye. All right. Well, thank you for 7 coming everyone. I appreciate that. We 8 will be here to chat afterwards if anyone 9 wants to. 10 11 12 13 14 C E R T I F I C A T I O N 15 16 I hereby certify that the proceedings and 17 evidence are contained fully and accurately in the 18 notes taken by me on the above cause and that this 19 is a correct transcript of the same to the best of 20 my ability. 21 22.E 23 24 ELIZABETH R. 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24:16 might [1) - 41:24 minute [5] - 13:21, 19:8, 22:22, 28:24, 35:20 minutes [5) - 13:19, 14:10, 22:16, 38:7 misled [11- 32:6 misrepresented [11- 32:14 mixed [1) - 11:5 model [1 [ - 35:1 modifications [1]- 21:9 modified [ij - 21:22 money [1]- 33:2 Monica [1]- 29:7 Monika [41- 26:17, 26:20, 29:6, 31:24 MONIKA [1] - 29:7 month [21- 13:4, 45:19 most [61- 4:1, 7:13, 10:22, 12:2, 24:23, 25:18 motion [4) - 2:9, 2:11, 47:18, 48:2 move [3) - 2:12, 27:24, 48:3 moved [11- 47:20 moving [11- 27:23 multiple [1] - 26:7 municipality [2]- 15:5, 40:5 must [21- 14:9, 24:3 mute [1]- 3:3 mysterious [1]- 23:8 mystery [11- 23:3 Ili name [11]- 2:20, 3:18, 9:1, 15:4, 24:15, 26:19, 26:23, 31:6, 32:4, 33:9, 33:13 names [1]- 15:20 Nancy [21- 1:14, 3:2 NANCY [21- 47:20, 48:4 natural [1] - 38:19 nearby [1] - 41:5 necessary [21- 41:18, 44:16 need [61- 2:7, 2:9, 20:11, 23:8,24:7, 39:12, 45:12, 47:18 needs [1]- 46:1 negative [1) - 40:4 Neighborhood [21- 10:19, 10:23 neighbors [1]- 46:23 New [10] - 1:5, 6:16, 6:17, 6:18, 7:6, 18:14, 29:24, 32:7, 40:13, 47:9 new [181- 3:24, 5:11, 12:10,18:11, 18:20, 21:4, 21:8, 21:19, 22:24, 23:16, 25:4, 29:18,32:10, 32:11, 35:22, 42:24, 43:12, 43:15 next [5) - 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30:24 passed [3) - 17:10, 18:23, 42:23 passing [11- 17:10 past [31- 18:8, 36:4, 43:7 people [e]- 19:2, 27:20, 28:9, 31:1, 43:4, 47:8 per [1) - 25:21 percent [21- 25:16, 44:16 perhaps [21- 25:21, 42:20 period [31- 7:24, 8:7, 45:16 perplexed [11- 22:19 person [51- 3:3, 3:5, 3:6, 26:19, 30:23 pesticides [21- 41:7, 46:19 Peter [21- 20:17, 20:19 PETER [51- 20:19, 21:1, 22:23, 24:6, 43:10 phone [1) - 3:7 phonetic (11- 24:17 pieces [1) - 4:12 place [21- 3:23, 19:23 places [1]- 31:16 plan [11] - 9:12, 11:14, 11:17, 11:24, 17:10, 17:11, 28:16, 35:8, 41:14, 46:1, 46:6 Plan [9] - 4:21, 4:22, 9:10, 16:22, 28:15, 34:6, 34:17, 43:1, 45:24 planner [31- 3:8, 8:22, 9:2 planners [1) - 36:3 Planning [81- 4:7, 6:13, 6:14,17:23, I 19:18, 31:10, 38:15, 39:4 planning [21- 39:14, 42:3 plans [i] - 5:1 point (6] - 17:9, 17:15, 28:3, 32:7, 33:7, 46:12 policies (1] - 40:14 pond [1] - 20:5 ponds (21- 20:2, 31:17 portion [41- 10:24, 11:2, 20:12, 30:1 portions [21- 25:2, 28:10 positive [11- 40:6 possibilities [1] - 19:15 posted [31- 6:3, 6:5, 13:8 potential [1] - 41:4 practice [1] - 41:8 premise [i] - 39:14 prepared [1] - 37:14 PRESENT [1] - 1:13 present [i1- 12:16 presentation [21- 8:1, 40:2 presentations [i]- 21:16 presented [11 - 12:23 presently [11- 18:8 preservation [31- 5:2, 34:21, 36:12 j preserve [31- 9:14, 34:7, 38:20 preserving (1] - 9:17 pressure [51- 38:22, 39:7, 39:11, 40:22, 42:6 previously [i]- 4:17 primary [11- 27:10 prime (11- 38:18 principles [i] - 35:7 Principles [1] - 38:16 printed [21- 5:16, 5:17 priorities [1 ] - 42:23 priority [11- 35:9 privilege[l) - 7:14 proactive [1 42:3 problem [31- 17:7, 39:12 problems [1] - 40:12 proceedings [11- 48:16 process [91- 6:22, 12:11, 12:21, 24:1, 24:21, 29:15, 32:24, 39:10, 41:20 oroducina [rn - 40:23 progress (31- 26:4, 35:17 project [11- 34:3 Project [1j - 38:14 promote [21- 34:7, 36:11 property pi - 44:7 proposed [251- 3:17, 4:14, 5:10, 8:16, 8:24, 11:21, 12:9, 12:10, 12:19, 13:2, 15:16, 16:12, 17:9, 18:6, 20:12, 20:21, 21:1, 21:5, 22:11, 26:5, 32:9, 35:5, 35:22, 45:8, 45:14 pros [11- 34:19 protect [3] - 9:14, 27:17, 41:17 protecting [31- 9:17, 39:20, 41:3 protection [6]- 18:1, 35:19, 36:5, 37:2, 39:5, 42:4 Protection [9] - 4:21, 28:14, 29:9, 29:11, 31:9, 34:17, 38:16, 43:1, 45:24 protects (11- 35:23 provide [41- 5:16, 22:3, 30:3, 47:10 provided [1 I - 29:20 provisions [21- 17:12, 17:13 PUBLIC [11- 37:17 public [391- 2:5, 2:10, 2:13, 2:23, 3:16, 5:22, 5:23, 6:7, 7:5, 7:7, 7:13, 7:21, 7:23, 8:5,8:14,8:16,8:21, 11:17, 12:7, 12:8, 12:16, 13:13, 13:16, 15:13, 21:12, 21:14, 21:15, 22:3, 23:3, 23:6, 23:18, 25:10, 32:20, 39:20, 41:17, 44:14, 47:18, 47:19 publication [1] - 15:15 publications [11- 38:24 published [11- 6:2 purpose [31- 12:6, 37:1, 39:17 Purpose [11- 35:22 pushing [1] - 33:20 put [s1- 19:1, 31:3, 33:11, 34:2, 36:2, 36:61 37:12, 41:22 Q referred (11- 4:23 regards [21- 29:3, 34:13 quality pi - 41:3 questions [21- 8:17, 8:19 quick [i] - 43:11 quite [s1- 8:11, 9:8, 9:21, 18:4, 19:24, 29:2, 30:7, 39:24 quote [31- 31:23, 35:18, 45:14 R-1 [11- 10:1 R-2 [21- 10:1, 32:12 raise [31- 26:21, 33:8, 38:9 rather [31- 14:6, 16:18, 27:5 rationale [21- 23:4, 44:12 read [5] - 14:6, 14:8, j 14:16, 26:18, 37:3 j real [21- 19:13, 35:16 realizations pi - 34:21 realize [i] - 47:1 really p1- 9:5, 9:11, 11:15, 20:10, 30:6, 46:4, 46:7 reasonable [il - 17:1 reasons [61- 7:9, 36:23, 38:20, 39:16, 43:18, 44:13 reassurances [11- 26:7 received (2] - 13:13, 13:15 receiving [i] - 6:24 recent [1 ] - 24:23 recently [i]- 22:20 recognizing [1] - 43:3 recommendation [11- 43:6 recommendations [4I - 4:20, 9:14, 28:13, 42:18 recommended [i] - 4:18 recommends [tj - 30:12 record [s] - 13:16, 14:12, 14:15, 15:18, 28:16, 28:21, 37:8, 47:11 recreation [i] - 10:11 reduces [i I - 32:11 I reducing [i] - 27:9 reference [i] - 22:14 Regional [1] - 6:16 registered [i]- 18:15 regraded [1] - 20:9 regular [1] - 2:8 regulated [31- 30:17, 30:18, 41:12 regulations [21- 5:11, 20:7 reiterate [21- 11:16, 45:23 relate [11- 39:20 related [t] - 35:12 reliable [i] - 40:18 remain [21- 5:8, 12:15 remaining [21- 19:9, 43:10 remains [21- 13:21, 23:2 remind [1] - 23:23 remote [11- 46:22 removed [51- 4:22, 5:2, 5:5,11:20, 11:23 repeal [1) - 3:18 repeatedly [i] - 28:7 replaced 131 - 5:3, 10:3, 11:4 report [21- 22:6, 23:21 REPORTED [1]- 1:21 REPORTER [1]- 20:23 representative [i] - 15:7 representing [i]- 4:6 request [11- 32:17 required [3]- 5:22, 7:5, 15:6 requirement [2] - 41:13, 47:13 requirements [i] - 7:12 requires [il - 46:4 research [21- 11:8, 36:7 reside [21- 15:5, 24:16 residence 131- 43:16, 43:23, 43:24 residences [i] - 27:10 residential [71- 10:6, 10:20, 36:11, 36:24, 39:16, 40:5, 41:5 residents [31- 4:5, 27:17, 40:24 resign [il - 29:5 resolution [21- 5:24, 18:23 resource [11- 38:19 V L� ,15A -ft 'b resources [31 - 9:18, 35:3, 37:3 response [1] - 9:9 rest [21- 12:5, 25:1 restricting (1] - 27:11 restriction [1] - 45:2 restrictions [41- 27:15, 28:1, 40:15, 44:11 restrictive [2] - 30:13, 32:19 result [3] - 32:22, 33:3, 40:23 revenue [21- 40:4, 40:6 review [51- 5:12, 11:14, 22:9, 34:18, 47:12 reviewed [21- 4:13, 22:20 reviews [31- 23:14, 36:2, 36:3 revised [1] - 22:20 revision [4] - 12:9, 34:3, 36:20, 41:20 Revision [1] - 38:14 revisit[t] - 16:24 revisiting [1] - 21:20 revitalize p - 34:11 Reynolds [1] - 33:14 Rich [11- 3:5 Richard [1] - 1:15 RICHARD [41- 2:16, 38:3, 47:23, 48:3 Road [21- 27:1, 33:14 rolls [1] - 4:15 Romer [21- 15:23, 16:8 ROMER [i] - 16:7 room [71- 14:3, 14:18, 44:3, 44:4, 44:23 Rotary [1] - 8:2 Roth [21- 29:6, 29:7 ROTH [t] - 29:7 round [31- 15:3, 37:20, 37:24 Roxanne [31- 33:12, 33:14, 38:9 ROXANNE [4] - 33:13, 35:21, 38:11, 40:1 RPR [21- 1:21, 48:24 rules [31- 46:18, 46:19 run [il - 20:7 rural (9] - 9:15, 27:6, 27:7, 27:18, 27:21, 35:3, 39:6, 40:19, 40:20 rural/residential [11- 40:3 rushing [i] - 38:12 I S safety [11- 41:18 save 121- 46:12, 47:1 Schuyler [11 - 6:12 second [n]- 2:15, 2:16, 8:7, 15:3, 15:23, 16:3, 17:8, 37:18, 37:24, 38:1, 38:8, 42:13, 45:6, 47:5, 47:22, 47:23, 48:4 seconds [11- 19:11 section [1]- 19:6 Section [61- 20:22, 21:2, 21:6, 25:5, 26:11, 26:13 sections [11- 4:2 see [8] - 12:2, 14:3, 15:12, 15:17, 16:24, 32:3, 35:16, 37:19 send [11- 29:10 Seneca [1]- 6:12 sent [1] - 28:8 serious [11- 41:2 serve [21- 7:21, 29:5 served [1 j - 33:15 serves [1]- 6:6 services [11- 39:22 session [1] - 12:14 sessions [1]- 21:14 set [41- 5:23, 13:6, 40:8, 42:24 setback 111- 36:17 several [21- 24:17, 39:19 shall [21- 18:13, 18:17 shared [11- 44:13 sheet [5]- 13:23, 14:1, 14:5, 15:20, 33:10 shell [1]- 11:15 short[l] - 11:6 shortcoming [11- 43:12 show [1j - 19:7 showing [1]- 43:11 side [21- 5:6, 31:11 sign [101- 13:23, 14:2, 14:5, 15:19, 30:24, 31:2, 31:6, 33:10 signage [21- 17:13, 27:15 signal [1]- 13:21 signed [41- 14:1, 26:21, 30:23, 33:6 significant [31- 38:21, 42:5, 46:4 simply j1j - 25:24 sincerely [11- 41:21 single [11- 25:23 site [11- 11:14 size [51- 10:5, 10:7, 25:16, 36:17, 43:13 skies [ij - 17:12 slower [1]- 20:24 small [1]- 25:20 smooth [1]- 12:10 so-called [1]- 25:8 Sokoni 121- 1:17, 3:9 someone [31- 14:8, 17:4, 44:21 Somers [31- 28:5, 29:20, 31:22 sometimes [1]- 4:23 sorry [41- 20:23, 24:10, 26:18, 33:6 sort [11- 16:2 southern [1 j - 11:2 space [81- 25:23, 34:8, 35:19, 40:6, 43:17, 43:20, 44:1, 45:2 speaker[2] - 13:18, 14:22 SPEAKER [11- 37:17 speakers [51- 13:20, 13:24, 14:24, 15:2, 15:22 speaking [21- 9:23, 27:2 specific [41- 9:13, 22:10, 30:10, 34:6 spend [1]- 33:2 split [1]- 10:17 spoken [21- 23:24, 37:21 spot [1j - 32:7 sprawl [31- 16:20, 17:2, 17:6 spreading [1j - 41:8 square [171- 23:11, 23:12, 25:7, 25:9, 25:18, 25:22, 27:12, 27:13, 27:14, 32:12, 43:14, 43:22, 43:24, 44:7, 44:20, 45:1, 45:2 stabilize [1j - 39:7 staff [1]- 34:1 standards [61- 11:12, 11:13, 34:11, 35:6, 41:11, 41:17 start [11- 19:13 started [21- 25:12, 38:12 state [41-15:4, 15:10, 18:9,19:20 State [71- 6:16, 6:17, 7:6, 18:14, 30:1, 32:8, 47:9 State's [21- 7:11, 40:14 Statement [11- 35:22 statement [21- 12:18, 29:10 statements [1]- 12:8 states [41- 34:18, 39:18, 45:8, 45:14 stating 121- 28:7, 28:22 Steering [41- 4:19, 7:4, 22:2, 22:16 stenographer [31- 3:14, 39:23, 45:11 stenographic [11- 12:21 stick [1] - 16:2 Stick [11- 26:24 Still [51- 11:7, 14:11, 31:2, 41:23, 44:24 Stone [11- 26:24 story [1]- 44:22 strategy [1] - 42:2 streams j1j - 18:2 strengthening [1]- 35:18 strong [21- 41:10, 43:5 structures [31- 18:13, 18:16, 46:17 studies [1]- 23:14 study [41- 21:19, 21:23, 23:5, 40:21 subdivided [1]- 16:14 subdivision [41- 4:23, 16:10,16:16, 42:3 subdivisions [1] - 11:19 subject [11- 3:16 submit [71- 14:7, 14:13, 28:6, 28:16, 37:7, 37:10, 41:14 submitted [21- 13:9, 36:23 suburban [21- 27:8, 36:1 successful [2]- 46:13, 47:1 sudden [1]- 32:13 suggested [1]- 4:17 suggestion [1]- 42:17 suggestions [11- 36:8 suited [1]- 39:5 summarizing [1]- 9:5 summary [1] - 23:13 sun [21- 44:3, 44:23 SUPERVISOR [271- 2:1, 2:14, 2:17, 12:1, 17:16, 20:15, 24:12, 26:16, 29:6, 30:22, 32:3, 33:5, 37:5, 37:19, 38:4, 39:23, 42:12, 42:15, 43:8, 45:5, 45:11, 45:20, 46:9, 47:4, 47:21, 47:24, 48:5 supervisor [41- 2:21, 3:11, 45:7, 45:13 Supervisor [3]- 3:2, 21:18, 33:17 supply [11- 41:1 support [31- 17:10, 17:14, 41:10 suppose [1] - 27:17 surely [1]- 42:7 surface 111- 9:18 Sustainability 131- 4:8, 33:16, 36:21 T targeted [11- 35:4 Taughannock[1]- 20:20 techniques [11- 34:19 technology [1]- 11:4 telephonically [1i - 1:16 ten 121-5:1, 19:11 term [1] - 18:20 terms [21- 24:18, 29:15 text [21- 5:13, 22:14 they've [11- 42:19 Thomas [51- 1:14, 2:21, 21:18, 45:7, 45:13 THOMAS [271- 2:1, 2:14, 2:17, 12:1, 17:16, 20:15, 24:12, 26:16, 29:6, 30:22, 32:3, 33:5, 37:5, 37:19, 38:4, 39:23, 42:12, 42:15, 43:8, 45:5, 45:11, 45:20, 46:9, 47:4, 47:21, 47:24, 48:5 three [9]- 13:19, 14:9, 14:10,19:14, 21:21, 22:1, 22:3, 28:23, 38:7 throughout [31- 23:24, 34:10, 35:14 Tim [41- 20:18, 24:13, 24:14, 24:16 TIM [1]- 24:15 Tompkins [31- 6:11, 6:13, 31:8 tonight [71- 7:8, 14:14, 32:9, 37:11, 37:15, 42:19, 45:17 tonight's [61- 2:23, 8:13, 13:13, 13:16, vs%'P -ftst FLvPC)1tft V Q& v 1 V LA® (800) 369 - 3302 23:11, 23:17 top [11- 42:23 topic [11- 33:22 totally [21- 26:11, 45:3 tourism [21- 34:9, 35:12 towards [1]- 35:7 TOWN [1]- 1:3 town [281- 2:21, 3:13, 5:14, 5:15, 5:18, 6:5, 6:6, 8:4, 8:9, 8:11, 9:2, 9:16,17:2. 24:23, 25:1, 27:23, 28:2, 28:18, 30:2, 30:5, 33:1, 34:10, 35:14, 38:21, 39:21, 40:20, 41:9, 47:15 Town [501- 1:17, 2:5, 2:9, 2:22, 2:24, 3:9, 3:19, 3:23, 4:15, 5:24, 6:9, 6:23, 7:10, 8:15, 8:20,9:3, 9:10, 9:23, 11:3.13:1. 13:2, 13:10,13:11, 16:21, 17:23, 22:2, 22:7, 23:24, 24:17, 28:11, 29:2, 29:22, 32:2, 32:23, 33:17, 33:18, 33:21, 33:24, 34:1, 34:5, 34:6, 34:18, 36:7, 40:8, 41:4, 41:15, 42:1, 42:17 Town's [41- 9:9, 21:24, 28:14, 38:15 town's [11- 21:11 towns [11- 19:4 Towns [11- 6:10 traditionally [1) - 27:21 transcript [31- 12:21, j 15:18, 48:19 Trumansburg [5]- 1:5, 6:21, 8:6, 27:1, 32:1 Trust [21- 39:1, 39:3 try 141- 10:8, 31:19, 31:23, 38:8 trying [21- 3:3, 30:16 Tuesday [21- 13:4, 13:5 two [121- 4:16,10:18, 16:7, 16:9, 18:4, 21:20, 22:1, 22:4, 23:16, 25:20, 36:3, 43:19 two -car [1]- 25:20 type [1]- 34:15 7 ULYSSES [11- 1:3 Ulysses [231- 2:5, 2:22, 2:24, 3:19, 3:23, 4:16, 6:9, 6:14, 6:15, 7:10, 9:3, 16:8, 24:17, 32:2, 32:6, 33:2, 35:1, 39:2, 39:10, 41:13, 41:18 unacceptable [1] - 26:1 under [2] - 10:16, 21:23 undergoing [1] - 11:14 unenforceable [11- 28:11 unique [21- 27:7, 35:1 unjustpl - 32:19 unnecessary [1] - 32:18 unreasonable [21- 25:19, 44:10 unreasonably [11- 30:13 unwelcome [1] - 32:24 Up [241- 5:6, 12:4, 13:23, 14:1, 14:2, 14:5, 15:19, 16:2, 16:6, 16:19, 19:10, 24:5, 24:11, 25:13, 26:21, 30:23, 30:24, 31:2, 31:3, 31:14, 33:6, 33:10, 39:24, 40:8 Update [4] - 4:19, 7:3, 9:7, 16:11 update [19] - 5:3, 7:1, 7:6, 7:9, 21:13, 21:19, 21:24, 22:12, 22:21, 23:17, 24:1, 24:9, 32:10, 35:18, 45:8, 45:14, 45:18, 46:4, 46:8 updated [1] - 46:1 updates [21- 17:14, 28:4 ups [1] - 31:2 urban [3] - 17:6, 27:8, 36:1 urge [21- 16:23, 37:4 uses [6] - 10:8, 10:22, 11:6, 11:9,11:13, 35:10 V value [11- 35:11 value-added p] - 35:11 variety [1] - 39:15 various [1] - 22:11 verbatim [1] - 12:22 verse [1] - 31:24 version [21- 22:23, 23:11 versions [21- 5:18, 5:19 viability [1] - 10:9 vibrant [i] - 32:1 VIII [31- 20:21, 21:2, 25:5 Village [1] - 6:20 voice [i] - 43:5 voted [i 1- 17:3 vulnerable [11- 17:2 kTh wants [5] - 15:2, 31:19, 38:8, 41:23, 48:9 warning [11- 32:16 waste [21- 29:4, 41:12 water [71- 37:2, 40:9, 40:12, 40:15, 40:20, 40:24, 41:3 Waterburg p] - 16:8 waters [11- 9:18 wave [1 ] - 3:12 website [31- 5:15, 6:5, 13:8 weeks [1] - 32:15 welcome [31- 2:4, 2:20, 28:1 wells [21- 40:19, 41:5 WERTIS [43- 17:18, 19:10, 42:14, 42:16 Wertis [4] - 15:24, 17:17, 42:12, 45:23 wetland [61- 18:15, 18:18, 18:19, 20:4, 20:12, 31:13 wetlands [5] - 18:2, 18:9,18:10, 18:11, 19:16 whatsoever[l] - 23:16 whereas [1] - 40:5 whole [41- 18:20, 33:23, 37:7, 39:19 widespread [1] - 17:2 wind [i] - 19:10 wineries [i] - 10:12 wise [1 ] - 44:5 wish[i - 32 6 withd word 23:23 workbench [1] - 43:20 workshop [21- 25:20, 25:21 Wright [21- 3:11, 14:4 write [i) - 14:19 written [121- 13:9, 13:12,13:14, 14:8, 14:11, 14:13, 20:7, 22:12, 37:6, 37:13, 43:1, 47:8 914 year [11- 8:10 years [io] - 21:21, 22:1, 23:13, 24:18, j 28:23, 33:20, 36:4, 36:15, 46:2, 46:6 York[ i o] - 1:5, 6:16, 6:17, 6:18, 7:6, 18:14, 29:24, 32:8, 40:13, 47:9 ZAHLER [21- 47:20, 48:4 Zahler[21- 1:14, 3:3 ZEPKO [1] - 9:1 Zepko 151- 1:16, 3:8, 8:19, 8:22, 9:2 zone [141- 5:6, 5:7, 10:15, 22:18, 27:3, 27:15, 27:18, 35:13, 35:23, 36:14, 36:24, 39:17, 39:18, 44:9 zoned [1 ] - 10:17 zones [31- 21:20, 21:21, 34:24 Zoning [171 - 1:4, 3:19, 4:10, 4:16, 4:19, 6:15, 7:3, 9:7, 16:11, 24:18, 25:14, 26:12, 26:14, 33:3, 34:5, 38:14, 38:17 ZONING [i] - 1:13 zoning [461- 2:6, 3:24, 4:3, 4:12, 4:14, 4:18, 5:3,5:10,5:11,7:1, 7:6, 8:24, 9:22, 10:17,10:18, 12:4, 18:6, 18:7, 18:12, 20:12, 20:21, 21:2, 21:11, 21:24, 22:11, 24:2, 24:9, 24:24, 28:4, 29:18, 30:5, ] � i 32:7, 32:10, 32:23, raw [1 ] - 32:17 34:14, 34:15, 35:18, s [2] - 3:15, 35:23, 36:4, 36:20, V L9 I(PA Mt 1iL S (!)Tft V C3&F V FX) 39:5, 39:18, 41:20, 42:21, 45:8, 45:14, 46:3 ZUSC [4] - 17:21, 17:22, 33:15, 36:6 (900) 369 - 3302 S OFz TOWN OF ULYSSES F I U)�z 10 Elm Street, Trumansburg, NY 14886 W. I Town Supcnisor (607) 387-5767, Ext 232 ,,upcmsor(u;u]vsscs.n%.us Town Clerk (607) 387-576-, T-.xt 221 c1crk(4.,u1y5SC.,.n)..US W71SI-170-.z PUBLIC HEARING- Zoninq Law 11/18/19 Enter your E-MAIL ADDRESS if you want to be added to the town's NAME newsletter 2. k T, 3. 5. -a 5 6. 7. 4�; 8. 9. 10. 13. 14. CHECK HERE if you want to make a comment v I/ V, 0 TOWN OF ULYSSES 10 Elm Street, Trumansburg, NY 14886 u1vsses.nv.us ;71 To%N,nSul)crvisor(607)387-.576-11list 23-2 Town Clerk (607) 387-5767, T -,\t 221 c1crk0.'u1vS5Cs.n)-.us PUBLIC HEARING- Zoninq Law 11/18/19 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Enter your E-MAIL ADDRESS if you want to be added to the town's newsletter CHECK HERE if you want to make a comment X-, v OF TOWN OF ULYSSES 10 Elm Street, Trumansbutg, NY 14886 ulysses.ny.us Town Supen-isor (607) 387-5767, Ext 232 supervisor(atul% s.scs.n.y.us Town Clerk (0077) 387-5767, ri\t 221 c1crk(q.,,ui ys sc ,.m,u, PUBLIC HEARING- Zoning Law 11/18/19 7UMT; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Enter your E-MAIL ADDRESS if you want to be added to the town's newsletter CHECK HERE if you want to make a comment ,/ v J .r` State of Wisconsin County ofl4wn AFFIDAVIT O F PUBLICATION 0003875297, BG M-356390 THE ITHA.CA Com/ being duly sworn, deposes and say, 's e is the Principal Clerk of the Ithaca J mal, a public newspaper printed and published il Xth a aforesaid and that a notice of which the annexed is a true copy as published in said new pa r: On the 1 day of November in the year 2019, before me, e e signed, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis o satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to th within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed, the instrument. (Signature of Notary) 11/01/19 Legal Clerk Subscribed and sworn to before me this 1 day of November, 2019 +ota7ryPublilc State of W Y onsin. County of Brown ,9')5.dn My commission expires NANCY HEYRIMAN-11 Notary Public State of Wisconsin `� '1 1 1 I am Peter Houghton, 1333 Taughannock Boulevard. I object to the proposed zoning amendment of Article VIII, Section 212- 47 of the Lakeshore Code. The objection is the insertion of new Paragraph N limiting the maximum footprint of a new building. I also object to the proposed amendment of Article IX, Section 212-54 of the Conservation District Code. The objection is to new Paragraph I that also limits the maximum footprint of a new building. The alteration of the Lakeshore and Conservation District Codes was not part of the Towns zoning consultant assignment, nor the initial public announcement of the code update, nor any public information sessions, any public input, any public open houses or the four updates presented to the public between January 2016 and February 2019. I became aware of the new Zoning Update in early 2016. I spoke with Supervisor Thomas to inquire if this new study would be revisiting the Lakeshore Zone or the Conservation District Zone. She stated those codes were only two years old and assured me they would not be modified under this study. The Towns zoning code update effort has continued over a 3112 year period. A Town Steering Committee was formed to provide input on the study. Three Public Information meetings were held and in February, 2019, two Open Houses were held to present the consultants final draft report. I attended those open houses and spoke with the consultant, Ms. Thomas and various Town Board members. Neither my discussions nor the consultants final draft revealed any text changes to the Lakeshore or Conservation District Codes. Following the open houses, Town Board meeting agendas for February, March and April included Board review and discussion on specific language and various details of the proposed zoning code update. I attended those Board meetings. None of the Boards written work or open discussions at those meetings made any reference to adding text changes to the LS and CD codes. Minutes of some 50 meetings of the Steering Committee contained no notes about changes in either zone. I was greatly perplexed and angered when I reviewed the recently released code update of October 22, 2019, which is the subject of tonight's Hearing. In this final version, I found new Paragraph N inserted into the Lakeshore Code and new Paragraph I inserted into the Conservation District Code. Both of these code changes severely limit the footprint size of new buildings to 2000 sf in both zones. It remains a mystery to the public how, when, why and with what rationale Paragraphs N and I were created and inserted into the study. I repeat for emphasis ...these changes came about with no consultant recommendation, no public Board discussion in the three months following the consultants report, no Steering Committee recommendation, no public notification and zero public input. The changes appeared without public explanation, justification or discussion of their need. Another mysterious aspect of these Paragraphs is they were initially created with footprint maximums of 6000 square feet. Tonight's version now has a 2000 square foot limit ... how, when and why did that chance come about" After 3 1/2 vears of study and revisions that did not include any text ,.names to the LS and CD codes, somehow changes were added to both codes. There was no public notification, explanation or justification of what brought about these additions in the first place nor any follow-up public notification or explanation of later Board actions to significantly modify them. Actually, both changes are contrary to, and in conflict with, existing parameters of Lakeshore and Conservation District Cout.. that allow footprints up to 5% of building lot si,. ,. In summary, after years of numerous reviews and studies with no mention of them whatsoever, these two new paragraphs appear in tonight's final code update. The lack of public notification and awareness along with their conflict with existing parameters of both codes make their inclusion in this final update inappropriate, irresponsible, improper and just plain wrong. I remind the Board of the words of the Town attorney spoken throughout this update process .... she stated that any alteration you make to the existing zoning code must have justification and be defensible. Paragraphs N and I fail on both counts. They need to be deleted from this October 22, 2019 Final Zoning Update. To retain them and adopt them as part of the new Zoning Local Law would be a classic actionable Article 78 arbitrary and capricious decision by this Town Board. Peter Houghton In my remaining time, let me give a quick example showing the absurd shortcomings of these new code building footprint size limitations of 2000 square feet. An owner may desire to build a new residence with an attached garage with all living space on the first floor for age or disability reasons. A normal 2 bay garage with some work bench space would be a footprint of 24 X 28 feet or 672 square feet. Since the garage is attached and part of the new building footprint, it leaves only 1328 square feet of living space for bedrooms, bathrooms, kitchen, entry hall, office, laundry center, sunroom, mud room, family room, dining area, and living room. Engineering wise it would be impossible to cram all that into 1328 sf. xaoms. o PProperty owner is going to accept investing in an expensive I keshov�lot"only to be be completely hamstrung by such a rQW1 �Wiriction. If the Board has a rationale and justification that they havenA shared with the public where a building footprint limit clause is somehow necessary above and beyond the existing code 5% footprint limt, then please exercise common sense and increase the code limit to somewhere over 5000 sf to accommodate one story dwellings with attached garages, attached sunrooms and decks and still leave 3000 sf+i- for living space. November 18, 2019 Public hearing on the proposed zoning revision Roxanne Marino *please note that my oral statement at the hearing did not match the content of this document verbatim. 1 needed to choose, and adjust points to be within the 3 min time limits. I want to thank the Town Board for the opportunity to speak on this topic, of great importance to our whole Ulysses community, and to thank both the Town Board members and the town staff for the many hours of hard work that each of you has put into this zoning law revision project. This effort was initiated by a grant the Town Board submitted to the NYS Cleaner Greener Communities program to bring the Town Zoning law in line with the Town Comprehensive Plan. Specific foci listed are to promote and preserve agricultural lands, forests and open spaces, and grow the ag economy and tourism opportunities throughout the town, as well as to create design standards to revitalize the hamlet of Jacksonville. With regard to areas for improving the current Agricultural zoning, the application mentions the types of zoning introduced in the 2013 Ag and Farmland Protection Plan that could be considered, and states that "the Town will review the pros and cons of many techniques in order to find what will work best to balance land preservation and the financial realities of farmland owners." Further, "we expect the outcome of both the agricultural and hamlet zones to be unique to Ulysses but a model for other communities to consider as they balance rural resources and economic growth in targeted areas." This proposed new law does indeed contain great added detail on design standards and principles for the Hamlet district, towards achieving the intent of the Comprehensive Plan in that area. And it does address some of the other priority goals of the grant, by allowing more uses that focus on value-added farming enterprises, and encouraging tourism related businesses in the agricultural rural zone and throughout the town. However, it is deeply disappointing to see the lack of any real progress on the other stated major goal of the zoning update: "strengthening protection of farmland and open space." The Purpose Statement of the proposed new zoning for the A/R zone includes that the zone is "primarily intended to preserve farming and agricultural lands and also to maintain open space", and that "the AR zone protects existing agricultural areas by limiting suburban and urban development". In the past few years the Town has had 2 professional analyses of the current zoning, as related to compatibility with the goals in the Town's planning guidance documents (the Comprehensive Plan and the Ag and Farmland Protection Plan, AFPP). Both times, recommendations were made with regard to land development in the zone designated to protect and prioritize agricultural land uses (Agriculture zone) while continuing to enable context -sensitive residential development. Prime agricultural lands are an irreplaceable natural resource, and there are many reasons to take actions to preserve it in our Town now, before significant development pressure and accelerating loss of farmland is observed. These are described in many publications by the American Farmland Trust (AFT) and other groups, and in the Town of Ulysses Comprehensive Plan (2009) and Agriculture and Farmland Protection Plan (2013). As the AFT document (Planning for Agriculture, 2011) says, "agricultural protection zoning is suited to more rural communities with lower development pressure as a way to stabilize the agricultural land base." The often -heard argument during this process, that Ulysses hasn't seen accelerating development pressure so far and so there isn't a problem that we need to address at this time is at odds with the very premise of land use planning, for the future. There are a variety of reasons for limiting residential density in a zone that is designated as the purpose of this A/R zone states, that benefit the whole community the zoning law covers. Several of these relate to protecting the public health, and the future costs to the town for services and infrastructure. In their 2016 kickoff presentation for this effort, the consultants cited research that dispersed rural residential development is revenue negative for a municipality, whereas residential farmland and open space is revenue positive. Increasing residential land use in a predominantly agricultural area is likely to set the Town up for future demands for water districts, which are extremely costly to establish and maintain, and are in direct conflict with NYS Department of Agriculture and Markets policies against lateral restrictions on water lines in state Agricultural Districts for non-farm development. (much of the proposed A/R is in a state agricultural district). Access to a reliable source of groundwater for wells in the rural areas has already been identified as an issue in much of the Town (per the Rural Water Study, circa 2010). With increased development, pressure on the already low -producing or low -quality aquifers could result in more demand by residents for rural water districts. In addition to the supply concern, there should also be serious concern about protecting water quality in the Town and the potential for contamination of nearby residential wells by agricultural activities, including application of herbicides and pesticides and the increasing practice of spreading CAFO liquid -manure on fields in the Town. Lastly, I speak in strong support of the added design standards for DEC -regulated animal waste facilities and the requirement that CAFO's operating in Ulysses submit their nutrient management plan to the Town. The town has the right as stated in the Ag and Markets law to adopt such standards to protect public health and safety as necessary for Ulysses. I understand that there is fatigue over this zoning revision process and I sincerely appreciate the time everyone has put in to this huge effort, and that the Board wants to be done with this. Still, I remain hopeful that there might be some way that a consensus can be found by the Town Board, to include a strategy to further proactive subdivision planning and so protection of agricultural and open lands now, before there is significant development pressure. Surely there is something in all the ideas discussed by the ZUSC and Town Board during this process that could work as a fair compromise for Ulysses. Thank you. Recommendations from these evaluations included: • The 2 -acre minimum lot size would continue to allow for subdivision of large parcels for roadside, scattered residential development. This type of development pattern can impact community character, natural resources, scenic view sheds, and the future of agricultural enterprises in the town. • More stringent standards are needed for residential development to discourage roadside residential development and to preserve prime agricultural lands. • Density based zoning for the agricultural district could be considered, to limit the total permissible number of residential units that many be built on any given parcel of land according to pre -determined thresholds. • Incentives for cluster subdivisions should be identified. These ideas, and many other techniques as referred to in the grant application, the 2013 AFPP, and introduced by the consultants working on this revision were considered in great detail over more than 3 years by the Zoning Update Steering Committee, appointed by the town board to evaluate options for the zoning revision and make recommendations to the Town Board. During the process input was sought from advisory boards and committees to the Town Board, including the BZA, the Planning Board, and Agriculture committee, and the CSAC. Many analyses were done, and comments were submitted to the ZUSC and the Town Board in writing and included research and detailed suggestions for consideration and further analysis. The group was seeking innovative approaches, as the grant application cited as needed. The proposal that was sent to the Town Board from the ZUSC, to allow a percentage of an existing lot to be developed (the TB considered 30%) was chosen with the honest intent of giving farmers and landowners more flexibility in placement of lots of different sizes and with allowing more total residential lots than many of the other techniques in use for limiting subdivision in agricultural priority areas. It was selected to allow a moderate amount of residential development while also preserving a larger parcel. It is true that it would have required some planning on the part of the landowner in deciding how to sell off lots, but that was an important point. The proposal as it arrived on the Town Board's desk wasn't perfect, and it became clear that more discussion and work were needed from the misunderstandings and polarization that resulted. As an example of something suggested (by the CSAC), perhaps other formula options could be added to allow a combination approach to defining subdivision limits on a parcel, so that a landowner could choose to best fit their needs. This has been done in a township in PA. In the end, now in the proposed zoning revision document, there is no method included to limit total allowable residential development or to promote preservation of larger parcels of land for agricultural use (current or future) and open space. As in our current zoning, adopted in 2005 (so now almost 15 years ago), the only constraints to development in the Ag zone (now A/R) are the minimum lot size, frontage and setback requirements. This does not meet the one of the central stated goals of the zoning revision project. 1)Majority of changes to A/R Zoning make it harder rather than easier for land to be used in a rural manner. One of the unique aspects of rural land use as opposed to urban or suburban land use is the ability to work where you live. Reducing the number of primary residential buildings to one, restricting maximum square footages for non -Ag buildings to 5,000 square ft and Ag buildings to 20,000 square ft, increased restrictions to signage in the A/R zone all make it harder to work where you live. It is, I suppose to protect the "residents" of the rural zone that do not work where they live. But you are doing this at the cost of the people using the land in a traditionally rural manner. If this law were in existence when I was moving into this town in 2003 I would have hesitated to move here. These restrictions do not make me feel welcome in this town. 2)This zoning update contradicts Ag District Law and will be in parts unenforceable without a court action by the town. To Contradict ag district law also contradicts the recommendations of the Town's own Ag and Farmland Protection Plan. I am submitting excerpts of the plan for the record. These will make it very difficult to defend in a court of law and may make the town liable to further litigation. 3)This is all very much a broken record to me. I've mentioned all these concerns multiple times over the past 4 years as Ag Committee Chair to little avail. It is quite obvious to me that this Town does not hold our committee in high regards and it is a waste of time for me to continue to serve on this board. I hearby resign. Excerpts from the Town of Ulysses Ag and Farmland Protection Plan Pg 2, The priority actions for the Town immediately following adoption of the plan include: (1) establish an Agricultural Committee to advise and assist the Town Board and other agencies on implementing the recommendations of the plan and generally on matters impacting agriculture Pg 11: "Current Town zoning policies are generally viewed as being farm friendly, but there is concern that future policies avoid unnecessary and costly restrictions on the ability to farm. A key concern of farmers is that this plan and future town policies preserve the right to farm. This plan will help focus policy makers on how to promote farming and protect farmland" "In New York's Agricultural Districts Law requires that local governments be reasonable in their approach to dealing with farm regulations, and allows the Department of Agriculture and Markets to intervene if local laws are felt to unreasonably restrict farm operations in agricultural districts. To best address community interests and farmers' needs, the Town will work with both the farming community and the Department of Agriculture and Markets to ensure that any local laws proposed for enactment do not violate the state law." Pg 75: "Furthermore, this zoning is designed to preserve the existing agricultural operations that flourish on our town -wide excellent soils and to promote the establishment of new agricultural enterprises to assure the continuation of the rural nature of the town." Pg 76-77: Regarding Farm Labor housing; Current zoning "Allows for Farm Labor Housing as regulated by the NYS Uniform Code. Sets requirement of "simplified" Site Plan Review if more than two units are to be sited. There is no "simplified" Site Plan Review in the Zoning Law. Sets the requirement that "these residences shall be located on the same farm operation where other farm operation where other farm structures are located. Not clear as to intent. Worker housing near barns? Worker housing on the same farm where housed are employed? Recommendation: Retain only the first sentence: "Farm Labor Housing as regulated b_v the NYS Uniform Code." Pg 77: "Standards for Signs (page 84+) None. There are no obvious prohibitions or limitations on signage a farm would want to employ" "Section 17.7, Standards for Outdoor Lighting (page 88) None. Standards there would pertain to the "farmstead", but not the barnyard/building area" November 18, 2019 Public hearing on the proposed zoning revision Roxanne Marino *please note that my oral statement at the hearing did not match the content of this document verbatim. i needed to choose, and adjust points to be within the 3 min time limits. I want to thank the Town Board for the opportunity to speak on this topic, of great importance to our whole Ulysses community, and to thank both the Town Board members and the town staff for the many hours of hard work that each of you has put into this zoning law revision project. This effort was initiated by a grant the Town Board submitted to the NYS Cleaner Greener Communities program to bring the Town Zoning law in line with the Town Comprehensive Plan. Specific foci listed are to promote and preserve agricultural lands, forests and open spaces, and grow the ag economy and tourism opportunities throughout the town, as well as to create design standards to revitalize the hamlet of Jacksonville. With regard to areas for improving the current Agricultural zoning, the application mentions the types of zoning introduced in the 2013 Ag and Farmland Protection Plan that could be considered, and states that "the Town will review the pros and cons of many techniques in order to find what will work best to balance land preservation and the financial realities of farmland owners." Further, "we expect the outcome of both the agricultural and hamlet zones to be unique to Ulysses but a model for other communities to consider as they balance rural resources and economic growth in targeted areas." This proposed new law does indeed contain great added detail on design standards and principles for the Hamlet district, towards achieving the intent of the Comprehensive Plan in that area. And it does address some of the other priority goals of the grant, by allowing more uses that focus on value-added farming enterprises, and encouraging tourism related businesses in the agricultural rural zone and throughout the town. However, it is deeply disappointing to see the lack of any real progress on the other stated major goal of the zoning update: "strengthening protection of farmland and open space." The Purpose Statement of the proposed new zoning for the A/R zone includes that the zone is "primarily intended to preserve farming and agricultural lands and also to maintain open space", and that "the AR zone protects existing agricultural areas by limiting suburban and urban development". In the past few years the Town has had 2 professional analyses of the current zoning, as related to compatibility with the goals in the Town's planning guidance documents (the Comprehensive Plan and the Ag and Farmland Protection Plan, AFPP). Both times, recommendations were made with regard to land development in the zone designated to protect and prioritize agricultural land uses (Agriculture zone) while continuing to enable context -sensitive residential development. Recommendations from these evaluations included: • The 2 -acre minimum lot size would continue to allow for subdivision of large parcels for roadside, scattered residential development. This type of development pattern can impact community character, natural resources, scenic view sheds, and the future of agricultural enterprises in the town. • More stringent standards are needed for residential development to discourage roadside residential development and to preserve prime agricultural lands. • Density based zoning for the agricultural district could be considered, to limit the total permissible number of residential units that many be built on any given parcel of land according to pre -determined thresholds. • Incentives for cluster subdivisions should be identified. These ideas, and many other techniques as referred to in the grant application, the 2013 AFPP, and introduced by the consultants working on this revision were considered in great detail over more than 3 years by the Zoning Update Steering Committee, appointed by the town board to evaluate options for the zoning revision and make recommendations to the Town Board. During the process input was sought from advisory boards and committees to the Town Board, including the BZA, the Planning Board, and Agriculture committee, and the CSAC. Many analyses were done, and comments were submitted to the ZUSC and the Town Board in writing and included research and detailed suggestions for consideration and further analysis. The group was seeking innovative approaches, as the grant application cited as needed. The proposal that was sent to the Town Board from the ZUSC, to allow a percentage of an existing lot to be developed (the TB considered 30%) was chosen with the honest intent of giving farmers and landowners more flexibility in placement of lots of different sizes and with allowing more total residential lots than many of the other techniques in use for limiting subdivision in agricultural priority areas. It was selected to allow a moderate amount of residential development while also preserving a larger parcel. It is true that it would have required some planning on the part of the landowner in deciding how to sell off lots, but that was an important point. The proposal as it arrived on the Town Board's desk wasn't perfect, and it became clear that more discussion and work were needed from the misunderstandings and polarization that resulted. As an example of something suggested (by the CSAC), perhaps other formula options could be added to allow a combination approach to defining subdivision limits on a parcel, so that a landowner could choose to best fit their needs. This has been done in a township in PA. In the end, now in the proposed zoning revision document, there is no method included to limit total allowable residential development or to promote preservation of larger parcels of land for agricultural use (current or future) and open space. As in our current zoning, adopted in 2005 (so now almost 15 years ago), the only constraints to development in the Ag zone (now A/R) are the minimum lot size, frontage and setback requirements. This does not meet the one of the central stated goals of the zoning revision project. Prime agricultural lands are an irreplaceable natural resource, and there are many reasons to take actions to preserve it in our Town now, before significant development pressure and accelerating loss of farmland is observed. These are described in many publications by the American Farmland Trust (AFT) and other groups, and in the Town of Ulysses Comprehensive Plan (2009) and Agriculture and Farmland Protection Plan (2013). As the AFT document (Planning for Agriculture, 2011) says, "agricultural protection zoning is suited to more rural communities with lower development pressure as a way to stabilize the agricultural land base." The often -heard argument during this process, that Ulysses hasn't seen accelerating development pressure so far and so there isn't a problem that we need to address at this time is at odds with the very premise of land use planning, for the future. There are a variety of reasons for limiting residential density in a zone that is designated as the purpose of this A/R zone states, that benefit the whole community the zoning law covers. Several of these relate to protecting the public health, and the future costs to the town for services and infrastructure. In their 2016 kickoff presentation for this effort, the consultants cited research that dispersed rural residential development is revenue negative for a municipality, whereas residential farmland and open space is revenue positive. Increasing residential land use in a predominantly agricultural area is likely to set the Town up for future demands for water districts, which are extremely costly to establish and maintain, and are in direct conflict with NYS Department of Agriculture and Markets policies against lateral restrictions on water lines in state Agricultural Districts for non-farm development. (much of the proposed A/R is in a state agricultural district). Access to a reliable source of groundwater for wells in the rural areas has already been identified as an issue in much of the Town (per the Rural Water Study, circa 2010). With increased development, pressure on the already low -producing or low -quality aquifers could result in more demand by residents for rural water districts. In addition to the supply concern, there should also be serious concern about protecting water quality in the Town and the potential for contamination of nearby residential wells by agricultural activities, including application of herbicides and pesticides and the increasing practice of spreading CAFO liquid -manure on fields in the Town. Lastly, I speak in strong support of the added design standards for DEC -regulated animal waste facilities and the requirement that CAFO's operating in Ulysses submit their nutrient management plan to the Town. The town has the right as stated in the Ag and Markets law to adopt such standards to protect public health and safety as necessary for Ulysses. I understand that there is fatigue over this zoning revision process and I sincerely appreciate the time everyone has put in to this huge effort, and that the Board wants to be done with this. Still, I remain hopeful that there might be some way that a consensus can be found by the Town Board, to include a strategy to further proactive subdivision planning and so protection of agricultural and open lands now, before there is significant development pressure. Surely there is something in all the ideas discussed by the ZUSC and Town Board during this process that could work as a fair compromise for Ulysses. Thank you. 3mai1- Comments for the record Comments for the record https://mai l.googl e.co m/mai l/u/O?ik=a448223915 &view=p t&search=all... Carissa Parlato <ulysses.clerk@gmail.com> Karen Meador <karen@karenmeador.com> Sun, Nov 17, 2019 at 9:29 AM To: clerk@ulysses.ny.us Cc: Karen Meador <karen@karenmeador.com>, Robert Meador <rmeadormd@yahoo.com> We (Karen and Robert Meador) are disappointed to be unable to speak in person as our work obligations conflict with the time of the public meeting. We wish for our concerns to be documented and heard, and we put them in writing. We were very actively involved in the process of updating the Lakeshore zoning just a few years ago, and until recently we had been under the impression that because Lakeshore zoning had so recently been given an overhaul, and because there were no changes in early drafts that there would also be no significant changes to this part of the final zoning law either. This was confirmed by communications from the Town as recently as this past week highlighting changes that did not include the lakeshore properties. Here is what the information looks like on the Town web page as of the weekend immediately prior to this hearing. (No link to Lakeshore among the list "SUMMARIES of proposed changes"). WELCOME TO THE ZONING UPDATE PAGE Proposed LL#—of 2019: Draft Zoning Law (10/22/2019). Proposed DRAFT Zoning Map (October 2019). Link to current zoning law in effect (passed 2013). SUMMARIES of proposed changes: Agricultural/ Rural Zone Residential Zone Subdivision Regulations Office, Technology & Mixed Use Zone (OTMU) Design Standards Jacksonville PUBLIC HEARING on the Proposed Zoning Update: Monday, November 18th, 2019 at 7pm at the Trumansburg Fire Hall, 74 West Main Street, Trumansburg Questions about the draft zoning can be directed to John Zepko, Town Planner, at zepko@ulysses.ny.us or (607)387-5767 extension 222. Comments on the draft zoning can be submitted to Carissa Parlato, Town Clerk, at clerk@ulysses.ny.us or by writing to 10 Elm Street, Trumansburg, NY 14886. Reading through the summaries of the proposed changes we found no significant changes mentioned for the Lakeshore. Then just to be sure, expecting to find no significant changes, we read through the DRAFT dated October 22 2019 and were alarmed and felt misled to find a paragraph N had been inserted, drastically and without justification reducing the footprint of a new building to 2000 square feet without disclosing this to us in any other communication. of 2 11/18/2019, 10:39 AM 3mail - Comments for the record https:Hm ail. goo o le.com/mail/u/0?ik=a44 3223915 &view=pt&search=all... In fact this was misrepresented to us by the Town claiming to be providing summaries of the changes and then leaving paragraph N out of those summaries. It might have gone unnoticed by Ulysses residents were it not for careful reading of the Oct 22 draft by us and other concerned neighbors. Further review allowed us to find that the April 30, 2019 draft was apparently the first version in which paragraph N appeared, and in this paragraph it said a new building would be limited to 6000 square feet. Both versions of paragraph N are unnecessary, overly restrictive, and unjust. Other sections of the law maintain the character the neighborhood and limit lot coverage through minimum lot sizes, minimum road and lakeshore frontage, setback requirements, and percent coverage of the lot. A family wishing to build a new home in a setting that meets these other requirements should not be further limited by the Town's arbitrary footrpint restriction. Particularly for those who need a single story residence to accommodate a disability or because of wishing to age in place, this is discriminatory, as they could not build a home comparable to those already in the neighborhood. We strongly urge you to remove paragraph N, recognizing that it achieves no benefit for the Town or its residents and unjustly takes away property rights. Thank you, Karen and Robert Meador 1617 Taughannock Boulevard Trumansburg, NY 14886 of 2 11/13/2019, 10:39 AM NEW YORK STATE OF OPPORTUNITY_ ANDREW M. CUOMO Governor RICHARD A. BALL Commissioner November 15, 2019 Hon. Elizabeth Thomas, Supervisor Town of Ulysses 10 Elm Street Trumansburg, NY 14886 Katelin Olson, Chair Town of Ulysses Planning Board Dear Supervisor Thomas and Chairperson Olson: The Department received a copy of proposed modifications to the Town Code for review. I reviewed the Code as modified on October 22, 2019. Comments concerning some of the language contained within the draft may conflict with the Agriculture and Markets Law (AML) if applied to a farm operation located within a county adopted, State certified agricultural district. The following comments are informal in that they have not been reviewed by Counsel's Office. If time exists prior to the Town's adoption, please advise and I will forward these comments to Counsel's Office for review. My comments are as follows.- 212-5(B) ollows: 212-5(B) — it appears that agricultural buildings are exempt from obtaining a building permit from the town. Under the State Uniform Fire Prevention and Building Code, NY Supplement, the need to obtain a permit is a local option. In the text of the draft code, some agricultural buildings and structures are required to submit to site plan review and/or receive a special permit; which includes site plan review. Site Plan and SUP's will be discussed later. In prior reviews of local laws, the Department has determined that the need to obtain a permit from the regulating municipality is not unreasonable. The permit applies to zoning and not construction, but it gives the town an opportunity to understand the use of a structure, make sure it complies with setbacks prior to construction, and alerts the assessor that a building has been constructed. This is the time when the farmer submits a RP 48310 -year tax exemption form to the assessor. The building permit also identifies the use of the building. If the landowner or subsequent owner(s) of the land change the use of the building in the future, the town has a record of the original use of the building and can more easily determine if the change in use requires compliance with the Fire Prevention and Building Code. 212-5(E) — this is reasonable. Anything larger than 12 square feet can obtain a permit or request an area variance. Hon. Elizabeth Thomas, Supervisor Town of Ulysses Katelin Olson, Chair Town of Ulysses Planning Board 2 1 P a g e §212-19(A)(5) — this is reasonable. The PB may waive further site plan review if the sketch plan and its review is satisfactory. This could go a long way in supporting the Department's streamlined site plan review guidance. §212-19(M) — is the town's streamlined site plan checklist for farm operations located within an agricultural district? The requirements of this section are reasonable. §212-22 — Definitions (Accessory Building) — the structure is subordinate to the principal building on the same lot. It should be amended to say incidental to the principal building or land use on the same lot... Many times, farmers construct agricultural structures on lots that do not have a principal building. (Agricultural Building) — may want to add fruits/vegetables to the list of agricultural commodities. (Agricultural Education and Recreation Facilities) — the bulleted item distilled and brewed products..." may want to include "vegetables" to the list of commodities since sugar beets and potatoes are used to produce distilled spirits. (Clear -Cut) — comment — you can also clear cut a wooded stand to convert woodland to an agricultural use. (Breast Height (dbh)) — add — ... base of the trunk "as measured from the uphill side of the tree. (Stable, Commercial) — the definition includes "where more than 50% of feed, bedding and other supplies are produced at off -premises locations, and manure and other wastes are disposed of off -premises. This passage should not be applied to Commercial Horse Boarding Operations located within an agricultural district. Not all of such operations will meet this definition. Beginning in §212-23 forward, a discussion of allowed uses within designated zoning districts begin. I do not have a copy of the town's zoning district map, but more than likely, land within an agricultural district can be found in zonings districts where agriculture is not listed as a permitted use. The town may want to consider adding a new subdivision that states that if a farm operation that is located on land within an agricultural district is within a zoning district where agriculture is not a permitted use, requirements contained in the AR (Agricultural/rural zone) applies to that land. §212-25(G) — a requirement that only allows farm worker housing to be located on the same parcel where other structures are located may be unreasonably restrictive. Farmers should be allowed to place farm worker housing on property where needed. §212-28 - Uses allowed by special permit in the AR zoning district — subdivision B (Animal confinement regulated by confined or concentrated AFO... and subdivision C — animal waste storage facility — In general, the Department has looked at the need to obtain a SUP for farm operations located within a county adopted, State certified agricultural district to be unreasonably Division of Land and Water Resources I 10B Airline Dr. Albany, N.Y., 122351 Number of Division I vPvw.agriculture.ny.gov Hon. Elizabeth Thomas, Supervisor Town of Ulysses Katelin Olson, Chair Town of Ulysses Planning Board 3(Page restrictive on its face. Agricultural production in an agricultural district is a Constitutionally protected land use, not a special use. The town should move these two items to uses approved by site plan approval. §212-29(J) and (K) concerning coverage limitations and agricultural building size limitations are too small. For instance, most riding arenas associated with a horse facility are greater than 20,000 square feet and most nurserylgreenhouse operations cover a lot more that 5% of the lot area. The farmer will have to apply for an area variance and if denied, apply for an AML §305a review by the Department. §212-29(N) and §212-34 require setbacks from streams and wetlands. Comments on §212-124 will be provided later in this narrative. §212-37(A) should add "farm buildings" to Accessory Dwelling Unit. It should read Accessory Dwelling Units, subject to provisions... and Farm Buildings. §212-124(B)(3) identifies setbacks from streams and wetlands. Under State and federal regulations, farm operations may use wetlands for agricultural purposes, such as grazing. If structures are to be constructed within the State's 100 foot buffer they must obtain a permit from DEC. Federal wetlands do not have a designated buffer. If the town imposes restrictions on farm operations that exceed federal or state requirements, the town law or its administration will more than likely be deemed as unreasonably restricting farm operations located within an agricultural district. §212-124(A)(4) requiring a 100 -foot stream setback to Trumansburg and Taughannock Creeks may be unreasonably restrictive. Farmers should be allowed grassed zones and the use of any zone for grazing purposes or the production/harvesting of hay. They should not be required to establish a woody vegetative buffer. §212-124(5)(h) prohibits the application of herbicide, pesticides, fertilizers or other chemicals in a wetland setback area. Farms should be allowed to use this land for agricultural purposes and use herbicides/pesticides and other chemicals according to their label. §212-135(A) — 240 sq. feet allowance for a roadside stand may be too small. Farms can apply for an area variance and then request a §305a review from the Department if the variance is denied. §212-138(B) does not allow parking in the front yard of the property. When you look at the definitions, front yard is from the road to the principal building and the principal building is a residence. Some farms do not have residences on the lot. Also, a lot of farms have parking in front of their agricultural structures which would be in the front yard. The Department would look at this requirement as being unreasonably restrictive. Division of Land and Water Resources 1108 Airline Dr. Albany, N.Y., 122351 Number of Division j vhvw.agriaiiture.ny.gov Hon. Elizabeth Thomas, Supervisor Town of Ulysses Katelin Olson, Chair Town of Ulysses Planning Board 4 1 P a g e §212-139.3 and 212-139.4 — to date, the Department has determined that it is unreasonable for a town to regulate a structure that is required and authorized under a State issued permit. The permit requires engineered lagoons and the local districts work with the farmer and their nutrient management planner to site buildings and waste storage facilities. Furthermore, in some instances, waste storage facilities have been located on a parcel of land that does not contain a building/structure. Towns have taken different approaches when it comes to reviewing CAFO operations and the construction of buildings/structures on the farm. Most towns administer a noticing law through their site plan process and require a copy of correspondence stating that a State permit has been approved. Sections 212-139.3 and 139.4 appear to be a way for the town to issue a permit or approval for the siting of a structure or the existence of a CAFO. If a municipality requires more that an expedited site plan review and tries to prohibit a CAFO or manure storage facility in an agricultural district, such an action would be considered by the Department to unreasonably restrict a farm operation in violation of the AML. Furthermore, the setbacks listed in the zoning law are excessive and do not meet the Department's nutrient management guideline or Appendix 5B of the Department of Health regulations. §212-171 — power generation facilities or structures require a special permit from the PB. Does this include on-farm wind turbines? There are provisions in the draft law for solar, but I did not see anything for turbines. If you have any further questions, please contact me. Sincerely, Robert Somers, PhD Manager, Farmland Protection Unit Division of Land and Water Resources 1108 Airline Dr. Albany, N.Y., 122351 Number of Division i wnvw.agriculture.ny.gov J'I` OMPILINS COUNTY AGRICULTURE &ARML.� ND PR©°TECTION BOARD 615 Willow avenue Ithaca, New York 14850 Telephone (607) 272®2292 Fax (607) 272-7088 Nov. 15, 2019 To: Ulysses Town Board From: Tompkins County Agriculture & Farmland Protection Board John Fleming, Chair RE: Proposed Zoning Changes The Tompkins County Agriculture and Farmland Protection Board in its role of reviewing and approving Town Agriculture Plans as part of the approval process has a long history of engagement with Town of Ulysses farmers and officials engaged in developing the town's agriculture plan, and who now sit on the Town's Agriculture Committee. We have been kept apprised of the current work to update the Town zoning law. In developing the town ag plan, the committee conducted a thorough review of the Town's zoning law in effect at that time and found it to be farm friendly, with only a few tweaks suggested, so frankly, we have been concerned about the process by which this zoning revision has been proceeding. First, there are many suggested changes in the proposed zoning which go well beyond the scope of encouraging farming and protecting farmland, rather, they appear to be geared at regulating farming activities. We have also been concerned about the way in which the zoning process has unfolded with little regard for farmer and rural landowner concerns. We understand that some of their concerns have been addressed, but there appears to be continuing bias towards regulating farming activities — specifically as it relates to accessory buildings, size of buildings, source of feed and supplies, site plan approval, special use permits, stream and wetland setbacks, fertilizer and pesticide restrictions, and farmworker housing. We encourage the Town Board to look closely at the comments provided by NYS AG & Farmland Protection Program Manager, Bob Somers with the Department of Agriculture and Markets. Mr. Somers provides a thorough review of pertinent sections and has commented on those with language that would be considered to be an unreasonable restriction for farms operating in an ag district. The Tompkins County AFPB endorses the opinion provided by Mr. Somers as it pertains to Town lands within Tompkins County Ag District #2 — certified by NYS Agriculture and Markets backed by the NYS Constitution to protect agriculture and farmland. We feel it is critical that the Town zoning law as it applies to farming in Agriculture District #2 NOT be in conflict with the NYS Agriculture District Law. The Town of Ulysses farming community is diverse and innovative. The Town has the opportunity to support and enhance the contribution of agriculture to land preservation, business investments, jobs, and overall economic activity. Agriculture is a significant economic engine outside of the Village of Trumansburg. By working with the farm and rural community, a strategic vision could be crafted that would provide direction for supportive policies, rather than restrictions proposed in the new zoning ordinance under consideration. We strongly urge you to modify some sections of the plan that specifically could be deemed unreasonable by NYS Dept. of Agriculture & Markets and in contravention with the AG district law. Please note that the AFPB discussed the ordinance at their Oct. 30 meeting and directed Chair John Fleming to send this letter on their behalf. Members present at the Oct. 30, 2019 meeting John Fleming Chair Dan Carey, farmer, Groton Darin Buck, farmer, Lansing Paul Gier, TCSWCD George Frantz, Land use planning, Cornell Dave Mckenna, TC Legislature Anne Koreman, TC Legislature Scott Doyle, TC Planning Art Berkey, TC Farm Bureau Irene Kehoe, TC Assessment Monika Roth, CCE Tompkins Ag Educator ke c Q jo U r- P)s 1,7 c, pi 6, cf ccl -)V tY I t ir -/J, Y jr, pt t 1. rCl a j