Loading...
HomeMy WebLinkAbout1999-03-31a - TB 1 -75 SPECIAL TOWN BOARD MEETING MARCH 3151- , 1999 PRESENT; Supervisor Douglas Austic; Councilpeople Carolyn Duddleston , Sue Poelvoorde and Robert Weatherby; Code Enforcement Officer Alex Rachun ; Attorney Bruce Wilson ; Town Clerk Marsha Georgia ; ABSENT: Councilman Andrew Hillman Others Present : Thomas Reitz, Robert Brown, Krys Call , and Peter Demjanec . Supervisor Austic called the meeting to order at 7 : 15 PM . Mr. Austic and the Board will review any comments that came up at the public hearing on March 1st, 1999 and any written comments that have been received up to March 25th, 1999 . He asked the Board members if they all had the copies of comments from Thomas Overbaugh , Ehrhart Propane Gas, William Shaw, for Grant Property, John Schroeder, Citizen's Planning Alliance, and Robert Brown, Flo-Tech Inc . They all have copies and they reviewed . John Schroeder, Citizen 's Planning Alliance The Board felt that this was the same comment that was read at the public hearing and they feel that they have been addressed or will be in the future with such things as zoning . They see nothing in his comments to alter the plan . Robert Brown, Flo-Tech Inc Mr. Brown has placed a purchase offer for the entire 170-acre parcel at the Corner of Halseyville Road and Route 96 that the comprehensive plan has purposed as a Commercial 1 ( providing goods and services for tourists) . Mr. Brown is concerned that this change could affect the use that he wishes for the land , being 1 . To build a home and farm buildings with animals and some agricultural on a large portion of the property (70 acres) , 2 . To build a 6,000 light manufacturing building on a 2 . 5-acre portion of the property, and 3 to subdivide the remainder (95-98 acres) into 2-5 acre parcels for single-family homes. He feels that he may be forced to abandon the purchase if the zoning is altered in such a way as to prevent him from carrying out his plans. Mr. Austic does agree that his plan is a feasible plan for the Town and further feels that if such tools as a PUD or variance procedures are implemented the comprehensive plan could stay the way it is proposed and the Brown 's could apply and be successful . Mr. Austic states that if you start changing these zones On proposed uses we could start having a whole gang of problems somewhere else . Someone else could request something on a vacant piece of land . Attorney Bruce Wilson stated that the Zoning Law itself would have to create some sorts of alleviation for this. There is the Zoning Board of Appeals. There are two kinds of variances, the area and the use. The area is fairly easy to get and than the use variance which is harder to get. The other avenue, although it is not referred to in the comprehensive plan is the planned unit development . That is intended to be used when things don't fit nicely into categories of residential or commercial 1 , 2, 3 but it is a little bit of this and a little bit of that. It is a way of multi use zoning . The Board chooses not to change the comprehensive plan map and leave that area as a Cl . Special Board Meeting 2 \1A)1 Comprehensive Plan Review 03/31 /99 Thomas Overbaugh, Ehrhart Propane Gas Mr. Overbaugh feels that his business has been left out of the plan as a C3 or anything to that matter. Mr. Austic feels this was just an oversight and it should be included in the C3 across the road . The rest of the Board felt the same . This will be corrected on the map . William Shaw, Grant Property on Route 96 The Grants are the owners of the 14 acres along Route 96 near the intersection with Halseyville Road . Included in this is the Barangus Bar and Restaurant. They are requesting that the property be designated as a C2 . They feel that it would be a hardship to them if this land were grandfathered or given a non- conforming use status. Mr. Austic feels that they're maybe some problems with certain areas of the 14 acres, such as towards the intersection of Halseyville and Rt. 96 that are low laying areas and also at the other end by the creek. He feels that it these areas may be eliminated if anything else was to be done there. He feels that you could state for existing business and maybe a little extra land could be a C2 but not the whole 14 acres. The Board discussed this and came up that they could extent the Cl to include all of the Grant property . Mr. Austic asked if anyone sees any other changes to be made to the map . They saw no other changes at this time . Review of the Draft Comprehensive Plan Page 28 needs a change under Industrial and Commercial development. Remove the entire first sentence . Change the second sentence (that will now be the first) as follows. A complete build-out of any commercial zone could dramatically alter the character of the town . Page 21, 22 remove low impact, moderate impact under Commercial 1 , 2, & 3 and anywhere else it refers to the impact should be struck. Sue felt this is not the document to define what the impact is . She knows what the intent was but feels it is inappropriate here . Sue also feels that nowhere's in the document does it refer to implementation, a recommendation to re-visit this plan at a future date . There should be certain steps to be followed after the Comprehensive Plan is complete, even besides zoning . It does not address that this should be looked at again . It is logical, and it makes sense but she feels that somewhere it should be stated the plan would be reviewed . Mr. Austic stated that maybe a couple of paragraphs that states in 4-5 years the board would re-look at this. Attorney Wilson stated that under Statue 272a it was added that the Town Board should provide, as a component of such proposed comprehensive plan , the maximum intervals at which the adopted comprehensive plan shall be reviewed . So it is a statutory mandate . They discussed the maximum to be every ten years. Mrs. Georgia asked where this would be placed in the document? Mr. Wilson says that it could be just part 3 % 75 Special Board Meeting Comprehensive Plan Review 03/31 /99 of the resolution . After discussion they decided they would be more comfortable with a review after five years. Sue would like it stated in the document and the resolution . Sue will write it up . Page 30 Possible impacts should read its recommendations could have the following impacts. Remove what is after that in brackets. No other changes were made . REVIEW OF SEQR The Board reviewed the State Environmental Quality Review, Full Environmental Assessment Form ( pages 33 — 36) . Part I -- Project Information was corrected as follows : Mr. Austic has received the correct numbers for acreage from Tompkins County Assessment. Before they had just estimated . They change the numbers as follows. 2 . Total acreage of project area 18534. Meadow or Brush land ( non-agricultural ) + -345 acres Forested + - 1766 " Agricultural (includes orchards, cropland, Pasture, etc . ) + 42459 " Wetland (freshwater) + 40 " Water Surface Area +4600 Unvegetated ( Rock, earth or fill) + - 10 Roads, buildings and other paved surfaces +- 1604 " Other; State Park + -730 No other changes made on part 1 . Part 2 - Project Impacts and Their Magnitude Statement before the questions it should read : Impacts and their magnitude are unknown at this time and may be reviewed during the rezoning process. The Board reviewed and answered the following : IMPACT ON LAND 1 . Will the proposed action result in a physical change to the project site? Unknown 2 . Will there be an effect to any unique or unusual landforms found on the site? Unknown IMPACT ON WATER 3 . Will proposed action effect any water body designated as protected ? Unknown 4. Will proposed action effect any non -protected existing or new body? Unknown 5 . Will proposed action affect surface or groundwater quality or quantity? Unknown 6 . Will proposed action alter drainage flow or patterns, or surface water runoff? Unknown Special Board Meeting 4 \* Comprehensive Plan Review 03/31 /99 IMPACT ON AIR 7 . Will proposed action effect air quality? Unknown IMPACT ON PLANTS AND ANIMALS 8 . Will proposed action effect any threatened or endangered species? Unknown 9 . Will proposed action substantially affect non-threatened or en -dangered species? Unknown IMPACT ON AGRICULTURAL LAND RESOURCES 10 . Will the proposed action effect agricultural land resources? Unknown IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action effect aesthetic resources? Unknown IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 . Will proposed action impact any site or structure of historical prehistoric or paleontological importance? Unknown IMPACT ON OPEN SPACE AND RECREATION 13 . Will proposed action effect the quantity of quality of existing or future open spaces or recreational opportunities? Unknown IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will proposed action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617 . 14(g )? No IMPACT ON TRANSPORTATION 15 . Will there be an effect to existing transportation systems? Unknown IMPACT ON ENERGY 16 . Will proposed action affect the community's sources of fuel or energy supply? Unknown NOISE AND ODOR IMPACTS 17 . Will there be objectionable odors, noise, or vibration as a result of the proposed action? Unknown IMPACT ON PUBLIC HEALTH 18 . Will proposed action effect public health and safety? Yes Other impact : Beneficial impact to health and safety to town wide planning 5 \ 77 Special Board Meeting Comprehensive Plan Review 03/31 /99 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 . Will proposed action effect the character of the existing community? Unknown 20 . Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? Yes Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS The Town Board briefly discussed the impact (question # 20 — yes) . They described how the impact could be mitigated or reduced to a small to moderate impact by project changes. This would be accomplished through the SEQR process for each project that may come up, the Re-zoning and the Site Plan Review Process. They continued and answered the following questions : -The probability of the impact occurring is unknown . -The duration of the impact would be 5 years . -Its irreversibility, including permanent lost resources of value would be reversibly in the zoning . -Whether the impact can or will be controlled would be yes. -The regional consequence of the impact has been considered and it is a positive impact. -Its potential divergence from local needs and goals would be consistent with needs and goals. -Whether known objections to the project relate to this impact. These are unknown . Mr. Austic moved seconded by Mr. Weatherby to accept Parts 1 , 2 & 3 of the State Environmental Quality Review full EAF as completed . Mr. Austic aye Mrs. Duddleston aye Ms. Poelvoorde aye Mr. Weatherby aye Adopted . Having discussed the matter of the application of the Town Comprehensive Plan for an Environmental Assessment Pursuant to the State Environmental Quality Review Act, as to declare a positive or a negative declaration . Ms. Poelvoorde moved seconded by Mr. Weatherby the following : It is hereby determined, pursuant to Section 617 . 4( b) of the regulations implementing the State Environmental Quality Review Act, that the proposed plan is a Type 1 Action and appropriate for the preparation of a Generic Environmental Impact Statement. It is hereby further determined that the following agencies are or may be interested in the proposed action and have received notice . Village of Trumansburg Town of Covert OCb Special Board Meeting 6 Comprehensive Plan Review 03/31. /99 Town of Ithaca Town of Enfield Town of Hector The Town will consider pursuant to Chapter 5 of the Comprehensive Plan recommendation that the draft comprehensive plan be also considered the draft Generic Environmental Impact Statement with the appendices and inventory attached thereto as review of environmental significance. That pursuant to New York Environmental Conservation Law and 6 NYCRR 617. 80 , (d ) the public comment period for the draft GEIS has passed and from the duly noticed public hearing on said GEIS as submitted being the duly noticed March 1 , 1999 hearing . IT IS NOW, Resolved that the Board is now free to act on said draft GEIS as a result of this positive declaration and prior submitted GEIS as a part of said submitted comprehensive plan and public comment thereon . Mr. Austic aye Ms. Poelvoorde aye Mrs . Duddleston aye Mr. Weatherby aye Adopted . Mrs. Duddleston moved seconded by Ms. Poelvoorde the Following Statement of Findings: Pursuant to the State Environmental Quality Review Act (SEQRA, article 8 of the Environmental Conservation Law, and the regulations promulgated thereunder (6 NYCRR part 617), the Ulysses Town Board as lead agency for this application makes the following findings with respect to the proposed Ulysses Town Comprehensive Plan . I . The Town of Ulysses Town Board is the lead agency with respect to the Town Comprehensive Plan . The Town Board acting as such lead agency under SEQRA has accepted a Generic Environmental Impact Statement (GEIS) with respect to such proposed action . The Town Board has given consideration to the GEIS . II . The requirements of 6 NYCRR Part 617 have been met. III . Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the approval of the comprehensive plan is an action, which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the GEIS. IV. Consistent with social, economic and other estate considerations, to the maximum extent practicable, adverse environmental effects revealed in the GEIS will be minimized or avoided by incorporating provisions of the proposed plan with those mitigated measures which were identified as practicable . V. The following facts and conclusions in the GEIS support the Town Board's approval of the proposed comprehensive plan and indicate the social , economic and other factors which form the basis of said p` oroval : A. Need for the Plan i79 Special Board Meeting 7 Comprehensive Plan Review 03/31 /99 The New York State Law §272-a called for the legislative body of Towns to adopt a comprehensive plan for the purpose of proper land use regulation . The Town Board by special resolution having chosen a special board to draft a comprehensive plan, and said draft having been reviewed by the Town Planning Board after public hearing and being favorably referred to the Ulysses Town Board for action, and Whereas, the draft comprehensive plan envisions under Chapter 5 thereof that the draft itself and attached appendices provides sufficient data and information for a Generic Environmental Impact Statement. The Town Board has reviewed the environmental plan to the extent that no site specific projects are yet planned and has reviewed the information on soil types, topography, census data , traffic, land use and natural resources and as well as the development projections and conclusions of the plan and accepts same as a final Generic Environmental Impact Statement, and approves same as submitted and amended . Mr. Austic aye Mrs. Duddleston aye Mss Poelvoorde aye Mr. Weatherby aye Adopted . Mr. Austic reviewed what had been done for the arriving Planning Board Members. He suggests that the Comprehensive Plan be voted on at the Regular Town Board Meeting on April 13th, 1999 so that the changes can be made and Sue can write up something on implementing . Mr. Austic informed the Board that the Town 's insurance agent has left the firm the Town deals with and he has requested that the Town follow him to his new firm . Mr. Austic stated that he told him that the Town would stay with the current firm until their contract is up and than he would be welcome to present the Town with a price for insurance. The Board felt the same. Mr. Austic reviewed the proposal from NYSE Solutions and the contract that the County wishes him to sign for lower electrical rates. The general consensus of the Board was that there are many questions unanswered and they would like some clarification . Mr. Austic will invite a representative from the Alliance to attend the Town Board Meeting coming up . Hearing no further business Mrs. Duddleston moved seconded by Ms. Poelvoorde to adjourn the meeting . Hearing no objection the meeting was adjourned . Respectfully submitted , Marsha L. Georgia Ulysses Town Clerk MLG : mg