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HomeMy WebLinkAbout2011-02-09-LZ TOWN OF ULYSSES LAKESHORE ZONING COMMITTEE MINUTES 02/09/11 APPROVED 02/23/11 Present : Acting Chairperson- Don Smith, Members- Krys Cail , David Kerness, George Tselelis, John Wertis Excused : Terrill Cool, Don Smith, George Tselekis Mr. Hawkes called the meeting to order at 7 : 00 pm . He asked the members if they had read the minutes from 01 /26/ 11 , the member stated they had read them. He asked if the minutes were acceptable . The members stated they were, MINUTES approved 01 /26/ 11 . Mr. Hawkes stated the next order of business was a draft timeline as prepared by Mr. Kerness, he asked him to distribute his draft and lead the discussion. Mr. Kerness distributed the draft and led the discussion which determined the following dates as preliminary schedule to follow . It was noted during this discussion that the Planning Board should have a presentation . He feels they not only used the Conservation Zone but took it a few steps forward and would like to have the Planning Board look at these areas . They may want to review the Conservation Zone for further actions . The following actions dates were determined by the members : LZ Committee (LZC) Draft LZ done- 02/23/ 11 Public Info Dry Run- 03/02/ 11 Public Info Meeting- 03/ 16/ 11 LZ Modified as required- 04/ 13/ 11 LZ to PB - 04/27/ 11 A similar presentation would be desired for the Public Information Meeting, Mr. Hawkes and Ms . Cail agreed to help prepare a presentation. Ms . Carlisle Peck stated she has pictures if they need any. Mr. Hawkes stated it was interesting as he was flying over during one of his flights out of Ithaca. He took pictures of the lake and noted the sediment plumes flowing from Taughannock after a storm . It was noted Tompkins County had done a mitigation study that he had received via email . The members that had not received the items asked if it could be forwarded to them . Mr. Hawkes stated he would. He asked Mr. Wertis to present the information he and Mr. Tselekis had worked on. Mr. Wertis stated he and Mr. Tselekis had met and drafted a revision to Section 5 . 1 . He had met with Alex and did not mention any concerns . The members agreed this clarified the intent, it maybe redundant but it is clear. The members agreed this should be incorporated into the document. The following should be included. 5 . 1 Simple and minor subdivisions are allowed . Major subdivisions are allowed only if the follow the procedures outlined for "Cluster Development in NYS Town Law, Law 278 and the Town of Ulysses Law, 18 . 3 . 15 . Mr. Hawkes stated the next order of business would be the Vegetative Section he had prepared, copies were distributed . He noted he had culled various towns regulations . He does not necessarily supports but rather is presenting the data as pertinent to this area of the document . The question of a 12 inch tree diameter and breast height was discussed . The reasoning is some trees have a different structure at breast height, is the rationale for replacing the trees . It does not have to happen on the same site. He structured this section based on what other Town ' s , he thought some had some valid points and he included . He did include a section stating the Town is charged with being a steward of air, water and land. He does not know if it is essential but he did include this . The members stated nobody can argue, however it this is stated as SEQR requires you be the steward it could create difficulty later. An example, if the decision to take multiple trees out, a neighbor 1 who does not want the trees removed for a driveway may have a better leg to fight. It is the law however, specifically stating SEQR says we cannot do this could be problematic . The property owners being told they are responsible for removing trees off their property. Questioning the Emerald Ash Bore coming online, how could this be enforced if a tree is diseased, how could they prove an owner had knowledge the tree was diseased . The discussion led to some edits , deletions of the section as prepared by Mr. Hawkes . The members agreed remove specific items , renumber items and reviewed having a penalty section. The changes included concerns about trees on slopes over 25 %, the need for a forester to review plans, if a permit is needed, the enforcement issues . The member appreciated the fact that solar access had been included, it was noted that it was probably unrealistic being on the West side-sun sets at 3 : 00 . The town in Minnesota was restrictive and prohibited the view from the lake, they did not want to see houses . It was 75 feet from the shore/ to build . The members felt they had covered a lot of ground thus the decision to table the remainder of this for the next meeting was made. Mr. Hawkes noted the changes and stated he would revise the draft and send the revisions to the members . The next meeting is scheduled for 02/23/ 11 The meeting was adjourned at 8 : 20pm . Respectfully submitted, Robin Carlisle Peck Secretar 2