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HomeMy WebLinkAbout2010-04-22-PIS/CONSERVATION 1 TOWN OF ULYSSES PLANNING BOARD PUBLIC INFORMATION SESSION CONSERVATION ZONE 04/22/10 APPROVED 06/16/10 NOTE : The audio version of this meeting is on tape available for review at Ulysses Town Hall, 10 Elm Street, Trumansburg, NY . Present : Chairperson-Ken Zeserson, Board Members : Stan Beames, Rod Hawkes, Rod Porter, Rick Rainey, Rebecca Schneider, John Wertis, Code Enforcement Officer Alex Rachun, Town Board Member David Kerness, Roxanne Marino, Liz Thomas, County Assessment Office Representative Jay Franklin. Public : Jan Zeserson, Judy Abrams, Peg Burlew, Dick Burlew, Mike DeMunn, Marvin Pritts, Bill Chaisson, Krys Cail, Tom Myers . Mr. Zeserson called the meeting to order at 7 : 02 pm . He welcomed the group to the Public Information Session for the proposed Conservation Zone . He introduced himself and he asked the members of the Board to introduce themselves . He introduced Jay Franklin, County Assessment Office . He is present tonight to answer questions related to changes in the property assessment. And Alex Rachun, the Ulysses Zoning Officer, Mr. Rachun has been working hand in glove with the committee on this draft. This is a Public Information session, this is a two way street . The process will include a didactic presentation over the next 40 minutes that will tell everyone why the Board thinks this is a good idea. In addition, what they are proposing. They will open the meeting to the public and discuss what the public thinks of the draft. They have a commitment to review all comments . They would accept written comments as well . Their next meeting is May 4th, it is their intent to review all comments at that meeting. He stated this is the first rung of the letter for comments, suggestions etc . In order to hear from all present he noted the speakers would be limited to 3 minutes , if time allots the individuals could have "another turn to speak if needed. " This is just the beginning of this process ; he wanted to take the time to note that this year is the 50th Anniversary of Zoning in Ulysses as well as the 40th Anniversary of Earth Day. These are relative compared to why they are all here tonight. Mr. Zeserson, Ms. Schneider and Mr. Hawkes each in turn presented their portion of the Power Point display. Mr. Zeserson expressed his thanks to Ms . Schneider and Mr. Hawkes . He stated this Board has been working on this for about a year. The process is to have individuals come to the table to the microphone. Please state your name and address and your questions or concern. If not ready to do this evening they would appreciate hearing from all either via email which is accessible via the Town website or written via Town Hall . This will ultimately be presented to the Town Board who would have final approval . They would be presenting this to the Public via a Public Hearing at which time all contiguous property owners would receive a written notice . This Board is very eager to hear from the public and ready to incorporate what they all think about this . He stated this was not done in a vacuum but rather they have worked for over a year. They have worked with Tompkins County Planning as well as consulted Sue Ritter who was one of the architect ' s for the Ithaca Conservation Zone . Fortunately, Ms . Ritter is a resident of this Town and a planner for Ithaca and has provided valuable insight. Sue Poelvoorde has recently come into the Town government and has planning experience and has recently been attending the meetings . The will listen and incorporate from this meeting then forward the document to the Town Board which is who they work for. He reiterated the process for the Draft and the procedure for tonight. He stated the meeting is all being taped. He asked members of the public for their input. Ashley: Why did this Board come up with the 5/ 10 acres which differs from the Town of Ithaca that specifies percentage. 2 Mr. Zeserson stated the Town of Ithaca has a different clientele, Ithaca has 7 acre zoning and there is a fixed ration approach. The people in the Route 89/96 Conservation Zone are the hospital, a museum and a few landholders . This Town has over 200 landowners, they discusses 7 acres and felt that to be onerous . They also considered affluent sprawl mansions on five acre lots . However affluent sprawl cannot happen due to not allowing major subdivisions . Mr. Burlew subdivision rule works well for the first person but what happens with the next person. Mr. Rachun stated once the Conservation Zone becomes a law. The tax map will be tracked for any subdivisions . Each parcel will only be allowed to subdivide according to the zone it is in. They have established this procedure under the current zoning and the subdivisions stays with the lot not the owner. Mr. Burlew asked if there was an inventory of the wetlands. Mr. Rachun stated NYS and the Federal Government has an inventory. The State has very few wetlands . The Federal regulations are very inclusive for the Town of Ulysses . The Town will use either/or to determine wetlands . Mr. Burlew asked if under Section 1 . 1 would "filling" be included . Some people bring in yards and yard of fill to eliminate a gorge, etc . Mr. Rachun stated alterated of land disturbance would eliminate this . Ms. Schneider noted they may want to review adding this to the wording. She expressed her thanks to Mr. Burlew . Mr. Burlew asked in relation to habitat/wildlife they encourage using native plants . Would the people owning the property be able to remove non native plants, such as honeysuckle. Ms . Schneider noted they have debated the question of invasive. Currently, a lot of invasive such as honeysuckle on a steep slope, they should talk to the Planning Board prior to removal . They are especially concerned if chemicals are used to remove the plants, due to erosion, pollution, etc . Mr. Burlew stated he had one more question, he believes the Conservation Zone is good, however how would they be protecting the streams further up from this zone. Mr. Zeserson stated they have wrestled with most of the items Mr. Burlew has addressed . They appreciate the need to protect these areas however feel they included the areas they could in the current boundary. Ms . Schneider stated the Town of Ulysses has one of the few stream ordinances in the State. On the Federal streams they have 25 foot setbacks, they would all like to do more but they are balancing between the need and want the Town residents ' would allow for a conservations zone. They appreciate his concern regarding protecting the streams further up the hillside to address the lake issues. Mr. Mike DeMunn introduced himself as a professional Forester as well as the consultant for Finger Lakes Land Trust and the Cayuga Nature Center. He has done private consulting for individuals in this proposed zone as well . After reviewing the document he stated it has become apparent to him that this group has not consulted with a professional forester prior to eliminating Commercial Timber harvesting. He continued to present to the Board why they should not do eliminate this, his presentation included landowner rights, gargantuan taxes-individuals use this money to pay taxes, diseased trees left on property could kill a forest eventually, good forest management plans can include timber harvesting, and this Board has created a situation that makes this implausible. He has issues with invasive species ; they have to control the invasive species to protect the forests. 3 As a professional forester he has a problem walking this delicate line . It is clear that he has not taken the professional opinion into account, he appreciates what they are doing to protect the old growth forest ' s as well as but they are not doing what they really should do to protect this area. This Board needs a resourced professional on this Board to communicate with him, this Board is not qualified to do this. Mr. Zeserson stated he appreciates Mr. DeMunn ' s point of view and this is a topic that has brought a lot of discussion. All of this is a draft and the Board will review all of this information as they go through the process . Mr. Porter noted they understand his concern and appreciate his comments . He did want to note they do not have the expertise yet the regulation specifically states the Planning • Board would have the option of consulting with a professional for forest management. Mr. DeMunn questioned why this Board had not done this prior to the regulation. Ms . Schneider stated that is the point of this meeting to obtain public input and information gathering. Mr. DeMunn stated this Board has already gone this far without professional information. Mr. Zeserson noted they have received information from Mr. DeMunn and they received information from Ms . Cail at a previous meeting. The Board appreciated the input from both of them. They will take this information and review it at their next meeting. Mr. DeMunn asked why they had gotten no professional input prior to this and why were they eliminating commercial harvesting. Ms . Schneider stated they welcome the input. They have known individuals in the Conservation Zone and in UNA' s that completely cleared lots of old growth trees . Some of these individuals had good reason ' s however this Board has seen this . It is their intent as a Town to protect these old growth forests . If he has wording and a system that would help them prevent this from happening. Mr. Zeserson stated they can email or drop off hardcopy to Town Hall . He asked if the public had any other questions . Ms. Cail stated she had been thinking about this a whole lot and her first question is at which point did they decide they could not afford a professional planner and why. She if on the Lakefront Zoning Committee, she volunteered , got put on it, she did not quite know what was happening, Don simply asked her to come to the meeting and she did . Did this Board get a clear picture of why, when zoning before they used George Franz . Mr. Zeserson stated they have done it with help from experts like Sue Ritter. Ms. Cail stated she had asked Ms . Ritter if she would be coming to this meeting, and Ms . Ritter stated she did not know why the Town had not hired a planner. She is serving in a capacity as a citizen volunteer who happens to be a planner. In the past when the Town has rewritten zoning they have hired a planner, she is prejudice . She is curious why the Town is cheapening out . Mr. Zeserson stated the Town Board had asked this Board to review this . They have worked extensively with Alex Rachun, as well as other individuals . They had Scott Doyle come from the Tompkins County planning to do a presentation. The reality is that this Board does not have a budget to hire a Planner. If they did it would have been done and they would not be spending their time coming to meetings but rather at home having fun . Ms . Cail proceeded to discuss the system Sue Poelvoorde used for the Comprehensive Plan. She has some real concerns regarding the forestry, her neighbors that own the other 24 acre parcel next to her are being affected by this . They asked her to let them know they took out 25 honeysuckles this afternoon after hearing about this . She has concerns that they do not understand the landowners that are legitimately preserving this area. If 4 they review the turnover they will see that she is not unusual, also there are fairness issues that have not been dealt with. George Franz approach to zoning is a good approach to farmland, allowing someone with 150 only divides 3 times vs . someone with 15 being able to divide. Mr. Zeserson stated he would appreciate it if she could write her thoughts down and get them to this Board. Ms. Cail stated she could do that however there is only so much time she can work for free for the Town. She really feels it would be good to have a professional planner on this issue to meet with individuals at Cayuga Nature Center and ask what are your plans with Mike DeMunn, etc . She thinks they could get more positive vision. Ms. Schneider stated it may seem more of a done deal, normally this would be done in a month. This is the first step, she has made specific recommendations, get a professional planner they are at the beginning. She asked why did they scrimp and not do the right thing. She is misinterpreting this is the first time they have met. Ms . Cail stated she is on one of these Boards and is not trying to say they are doing anything wrong. Mr. Rachun stated it is up to the Board to determine who is the professional on this type of plan. He has suggested a landscape ecologist as he feels this would be beneficial in this case . Ms . Cail suggested there be a planner to help through the process to get public input, and get the input from Mr. DeMunn. She had spoken to several cooperative extension agents and they did not want to come out to speak with the 3 minute limit. The agents were questioning why the Board never spoke to them. Mr. Zeserson stated they would appreciate it since she had spoken to get their remarks in a palatable form and get that to them. Ms . Cail stated she would like to have time to get her locust post ' s down to sell to buy food her CSA. She also may subdivide her property due to this process . She cannot handle a whole heck of a lot more work. What she would really like, the Lakefront area is being looked at as well . They should hire a professional person. Mr. DeMunn stated he had spoken to cooperative extension and they would like to be invited by this Board. Mr. Zeserson asked if they have a contact. Ms. Schneider stated she did, Dr. Peter Small, who is the State Extension Forester, he is two doors down from her and she has spoken regularly to him. They did not feel they were ready for that step at this point in time . She will ask him to come and speak to this group. Mr. Myers stated he resides on DuBoise Road, he has been in the building trades for eight years . Often the codes are regulations are onerous and hard to understand. He would like to suggest the Board make it simple and clear that make sense. He appreciates the work this Board has been doing and appreciates the fact they probably had other things to do . This is a great area and it is fragile. Mr. Porter stated if he has areas that he feels are not clear they would appreciate hearing from him. Mr. Myers stated he would be willing to do that, he hopes to be at the meeting on the 4`" however will get back to the Board. Ms . Schneider stated she appreciated his comments and the work they have done is due to the fact that this Board is also concerned for this area and feel it is worth doing. t 5 Ms . Cail stated this is her husband and he has also helped make it possible for her to help the Town. It is a hardship for them . Mr. DeMunn stated a case where he had a timber plan and a forester came in after he had and essentially destroyed the area. He gives his heart to his projects . Ms . Marino stated there is a majority of the Town Board here tonight as well, it is great for them to hear all of this . She wanted to thank the Planning Board, it is a huge commitment as when they are appointed it is a 7 year appointment. They have worked very hard on this project. Since she has been in Town government she has worked with a lot of them and they really care and are aware of conservation. This is the first cut, and she wanted to address the professional/volunteer aspect of this process . The previous Town Board did the review of the Comprehensive Plan, she was on the Town Board and worked for almost 5 years with professional planners as consultants . They come in and ask what do you want . The Planning Board came to the Town Board and stated they wanted to work on it. Then the Town Board in conjunction with the Planning Board could determine where they want to spend the limited amount of funds . Then eventually they could use the same planner with the Lakefront zoning that is being discussed . She has heard both sides of this issue, they need to hire a planner as well as this Town cannot afford to hire a planner. She has only been Town Supervisor for 4 months but has already heard this . Utilizing the professionals they have on a volunteer basis is a great resource. Mr. Wertis stated they do have a professional here in a different area. He feels it would be a shame if they did not hear from Mr. Franklin on how this would affect on assessments and property values . Mr. Franklin stated if he could tell that he would not be an appraiser but a developer. They look at once something occurs what does the market tell them about what that action was . Then they translate that information. What they would review is what would the 5 acre lot size do . And a preliminary review of the history in this zone is not much. There have been 7 total splits , two out of Mr. Houghton ' s farm that are 4 . 9 acres . They only assess to the public right of way so maybe it is 5 . Mr. Holtkamp divided a piece from his mother' s property. He continued to explain the activity in this area. It does not have the infrastructure to support such as water and sewer. The members expressed their thanks to Mr. Franklin . Mr. Rachun asked if they had noticed any increase in land sales outside of the conservation zones in Ithaca. He was curious if people who were unable to maintain the codes were looking outside the conservation zone . Mr. Zeserson stated he wanted the members to know they are would be working in this May 4th however they do have a Public Hearing for the Verizon Cell Tower. They hope to get to this but wanted the public to know they do have limited time . Mr. Myers stated he hoped to be there but would get information to the Board. He has worked in the trades and has seen people go to architects and ask for a house . When asked what they want their reply is "they do not know" he supports the work they have done and trying to save the Town funds . Ms . Cail stated Mr. Myers is her husband and she has to disagree . Going with 5 acre zoning vs. transfer of development rights would be difficult to move to . Mr. Zeserson expressed his thanks to Ms . Cail . Mr. Chaisson questioned the setback, why would they have a minimum but not a maximum. Mr. Rachun stated there are a number of development details . The Planning Board has the right to include the driveway. One of the issues was having the house setback further from the road, there was concern for view sheds . This would allow them some trade off 6 He continued to explain the rationale for the setbacks, footprints etc . Respectfully submitted, Robin Carlisle Peck Secretary