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HomeMy WebLinkAbout2012-10-24-PIM LAKESHORE CONS. ZONE Town Of Ulysses Public Informational Meeting Proposed Lakeshore and Conservation Zones October 24, 2012 * * Audio available at ulysses .ny .us/council/tbmeetings/ Present: Supervisor Roxanne Marino; Councilpersons Elizabeth Thomas, Lucia Tyler, David Kerness and Kevin Romer; Deputy Supervisor Sue Poelvoorde; Town Clerk Marsha L. Georgia; Panel : Environmental Planner/Zoning Officer Darby Kiley; Town Councilman David Kerness; Lakeshore Zone Committee Chair Don Smith; Planning Board Chair Ken Zeserson; Board of Zoning Appeals Chair George Tselekis; Planning Board Member Rebecca Schneider Others Present: David and Brenda Wallace, George Breuhaus, Robert Hesson, Ed and Marlene Wolf, Barbara Cortwright, Peter Houghton, Karen Meador, Frank and Gail Flannery, Caroline and Edward Biondi , Ken Avery, Burke Carson, Judy Abrams, Louise and Neil Hertz, Mary and George Patte, Don Wilson, Barry Ford, Kristina Cook, Steve Coate, Jan Zeserson, Bruce Fredericks, Mike Kimberly, Dan Clement, Jean Houghton, Steve Flash, Barbara Anger, Mary Shelly, John Bezirganian, Mary Szymanski, Lee and Sherry Haffele, John Wertis, Beth Prentice, Thys VanCort, Susan Ettinger, Betsy Loring, Earl West, Rodman Getchell, Sarah and Peter Gould, Krys Cail , Marilyn Tsapis, Robert Teary, Jeannette Little, and Nancy Cool . Mr. Kerness called the meeting to order at 7 : 00 p. m . and gave a brief history of the establishment of the proposed Lakeshore and Conservation Zones . Environmental Planner/Zoning Officer Darby Kiley presented an overview of the Ulysses Comprehensive Plan and the Lakeshore and Conservation Zones . Overview is posted at www. ulysses .ny.us Ms. Kiley will be the moderator tonight and questions will be directed to her and the panel . Ms . Kiley opened the floor for comments and questions. The following is an abbreviated summary of the comments from the public; for complete audio of the meeting go to ulysses. ny. us/council/tbmeetings/ where the audio version is available . George Patte — 5 acre minimum for non-lake shore lots is too large; his acreage cannot be subdivided with this requirement and would like to know the reasoning. (Letter on file from Mr. Patte) Robert Hesson — • Too many existing properties would be non-conforming with the proposed zoning changes (between 80-85 %) . • Dock length should be based on depth of water not the proposed 40 ' maximum length since water depth varies . Don Wilson — • Land set aside through conservation easements or other tools should be granted tax abatement since it cannot be developed . • Dock length should be based on depth of water not the proposed 40 ' maximum length since water depth varies . • Questions if the goal of the proposed zoning is to raise more taxes . Beth Prentice — • Too many existing properties would be non-conforming with the proposed zoning changes (over 50%) causing too much time and money to be spent on regulation and enforcement. • The proposed zoning is not clear enough about what can be done to existing properties . She is concerned she will not be able to rebuild or improve the property (including the dock) if new zoning passes . • The town should use the existing Department of Environmental Conservation (DEC) and Office of General Services (OGS) guidelines for docks, moorings, boat houses, and boat hoists . Karen Meador — • The town should use the existing DEC and OGS guidelines for docks, moorings, boat houses, and boat hoists . • The 4000 ft2 is too restrictive since each lot is unique . She suggests staying with the existing zoning limiting lot coverage to 5% . I Public Informational Meeting Lakeshore & Conservation Zones 2 October 24, 2012 Thys VanCort — • Land set aside through conservation easements or other tools should be granted tax abatement since it cannot be developed . • Dock length should be based on depth of water not the proposed 40 ' maximum length since water depth varies. • Too many existing properties would be non-conforming with the proposed zoning changes causing tool, much time and money to be spent on regulation and enforcement. • The requirement for 150 feet of lake frontage is too restrictive . He suggests 100 feet. Ed Wolfe — • Questions if the goal of the proposed zoning is to raise more taxes by reducing the minimum lot size requirement from 2 acres to 1 . • The proposed zoning contradicts the Comprehensive Plan ' s stated purpose of preserving the existing character of the lake front area. • Zoning sh Auld be reconsidered with input from lake shore property owners who have not been represented . Steve Flash — Concern : • The propo led zoning would make the Ithaca Yacht Club a non-conforming use which would make efforts to expand, change, modify or develop their land too difficult. (Provided a written statement). Peter Houghton — Concern : • Dock length should be based on depth of water not the proposed 40 ' maximum length since water depth varies . Do not base water depth on the ordinary high water line . • The proposed conservation zoning prevents residents from cutting cord wood to heat their houses without the input of a consulting forester at the expense of the land owner. This part of the proposed regulations is too strict. (Provided a written statement) . Burke Carson — • Too many ;existing properties would be non-conforming with the proposed zoning changes (between 55-85 %) • The zoning needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property . • The 50 foot setback from intermittent streams is too far and too restrictive . • The recommendation not to plow salt laden snow into the creek should be town wide . Lawrence McCann — • The town heeds to improve communication with land owners about the proposed zoning. • The proposed zoning on non-lake shore properties is too strict. • The town 'should be concerned about tick control in the Unique Natural Areas . • Taxation is an issue . Frank Flannery — • The zoning needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property . • The 50 foot setback from intermittent streams is too far and too restrictive. • Reducing the minimum acreage requirement from 2 to 1 will reduce property values . George Whitehouse — • Too many existing properties would be non-conforming with the proposed zoning changes. • The Ithaca Yacht Club zoning should be considered separately from the rest of the zone . • Use the DEC regulations for dock length . • The zoninIg needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property. Mary Shelly — • Supports Ithe zoning especially restrictions on docks . Gail Flannery — • The zoning needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property . • The proposed regulations over tree removal are too strict. Properties near the lake have high humidity; and need better air flow. • Suggests; design standards be implemented instead of some of the proposed regulations . :l. Public Informational Meeting Lakeshore & Conservation Zones 3 October 24, 2012 Barbara Anger — • Supports the regulations over lighting. • The goal of the zoning should be to protect the lake . John Bezirganian — • Existing zoning creates too many non-conforming properties and should be loosened with the goal of having a higher percentage of existing properties conform . Ed Biondi — • Is suspicious that the town is trying to rush through dock regulations . Krys Cail — • She served on the Lakeshore Zone Committee and assured the audience that the comments from this meeting will be looked into. John Wertis — • He has served on the Planning Board and was involved in the Conservation Zone, Lakeshore Committee and Agriculture and Farmland Protection Plan Committee . A lot of time has been spent debating the issues . What has been presented is the best product that seven people could come up with and the Town Board is not rushing to push this through . Bob Terry — • Wants to see boat houses allowed . • Feels the boat hoist limit of 22 ' x14 ' is too small and only allows protection for one boat under 22 ' . Bob Hesson — • He is concerned that the proposed regulations are so restrictive that only high income property owners will be able to build and questions if this is the town ' s goal . • When considering the protection of water quality for the lake, consider the entire watershed, not just the lake shore . Karen Meador — • Address tax issues • The existing zoning creates too many non-conforming properties and should be revised with the goal of having a higher percentage of existing properties conform . • The zoning needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property. • The new zoning will diminish property values and make them more difficult to sell . • She asks the town to help her have authority to bury her power lines . Peter Houghton — • The zoning needs to clarify what can be done on existing (grandfathered) properties with regard to rebuilding or improving the property . • Is concerned that the town is trying to rush through dock regulations based on their application to the state asking for regulatory authority . • The 50 ' setback from intermittent streams is too far. Hearing no further comments, Mr. Kerness summarized by saying the best way to get back to people is on the Town ' s web site. The town will try and summarize what was heard tonight and any future actions. He encouraged residents to submit written statements . In closing Mr. Kerness pointed out the time-line and said that they have lots of time to work on this and don ' t feel pressured to hurry. Mr. Kerness said in closing that if anyone would like to volunteer to please let him know. Public Informational Meeting closed at 9 : 45 p. m . Town of Ulysses Special Town Board Meeting October 24, 2012 Present: Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, and Kevin Romer; Deputy Supervisor Sue Poelvoorde; Town Clerk Marsha L . Georgia Supervisor Marino called the meeting to order at 9 : 52 p . m. to discuss a resolution presented to the Town Board at the October 23 , 2012 Working Meeting . Ms. Marino moved, seconded by Ms . Thomas the following : REQUESTS FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION INFORMATION FROM THE VILLAGE OF TRUMANSBURG NEEDED TO EVALUATE CONTRACT DECISIONS FOR THE TOWN OF ULYSSES IN 2013 . WHEREAS : The Town of Ulysses believes it is important to provide quality Emergency Medical Services (EMS) services to all the residents within the Town at a reasonable cost and WHEREAS the Town feels it is in the best interest of all residents within the Town of Ulysses and the Village of Trumansburg both in terms of service provided and cost to taxpayers to have a shared-service agreement and single, Town-wide contract for EMS services, and has provided a formal request to the Village to work collaboratively on this, and WHEREAS accompanying documentation of the short and longer term advantages of such an agreement has been researched and shared with the Village (http://www. ulvsses. nv. us/council/EMS/ and http://ulvsses. ny. us/pdf/EMS- To U- resolution-6-12-2012.pdj) , and further, I I The Village of Trumansburg has firmly and finally stated they are not willing to consider this collaborative option (7/ 11 /2012 http://ulysses. ny. us/pdf/EMS- Village-resolution- 7- 11 -2012. per, and has previously stated that the Village does not need the Town participation for support of the Village EMS department, and that the Village would not tie the ability of a municipality to contract for Fire Protection Service with a contract for EMS (8/29/ 11 http://ulysses. nv. us/minutes-audio/EMS-2011 -08-29. mp3) ; and WHEREAS at the October 3 , 2012 Fire and EMS budget meeting, the Village Board presented the Town of Ulysses with two proposed budgets for Fire and EMS coverage in 2013 : 1 ) for Fire Protection ($ 162, 300) with a separate contract for Emergency Medical Service ($223 ,471 ), with a total cost for both contracts : $ 385 , 771 , and 2) for Fire Protection only ($ 162,300), with an added "surcharge" to the Fire Department (also called a "standby fee" in 10/3 budget documents) unilaterally imposed by the Village EMS Department for Emergency Medical Service ($ 192 , 748), with a total cost for a Fire Protection contract: $ 355 ,048 ; and WHEREAS draft contracts or any other documentation outlining the specifics of the difference in what services would actually be provided in each of the two budget options were not provided to the Ulysses Town Board, and WHEREAS the Town of Ulysses had never been made aware in all the years of participation in the Fire Protection District or during any of the many joint meetings, discussions and negotiations with the Village regarding changes to EMS associated with the Village creating a separate ambulance department that the Village would unilaterally impose a surcharge for EMS as part of a Fire Protection contract, contrary to the Village Board ' s prior commitment not to tie contracts for Fire Protection Services with contracts for EMS ; and I I i . i Special Town Board Meeting 2 October 24, 2012 WHEREAS the Town has not been provided adequate information on how the EMS surcharge for the Ulysses portion of the Fire Protection district contract was calculated and apportioned; and WHEREAS it is the duty of the Town of Ulysses Board to both understand and communicate to Town residents the details of emergency response or any other provision of service ' that they enter into a contract for with taxpayer funds ; and WHEREAS the annual Town budget needs to include a tax levy to residents of Ulysses Fire Protection District (i . e . all residents of the Town outside the Village of Trumansburg) to pay for the cost of a Fire Protection Services contract, and the 2013 Town of Ulysses Budget must by NYS law be adopted no later than November 20, 2012, with a public hearing held no later than November 8 ; NOW, THEREFORE, BE IT RESOLVED and as such, the Town strenuously objects to the Village of Trumansburg unilaterally imposing a "surcharge" for EMS as part of a contract for providing fire protection service to the Town, at a total cost that is 92% of the quoted cost for a of separate contracts for the two services, thereby linking contracts for the two services, contrary to the Village ' s public commitment to the municipalities in the Fire Protection District not to do so ; and BE IT RESOLVED the Town of Ulysses hereby directs the Attorney for the Town to immediately request from the Attorney for the Village of Trumansburg contracts for each of the twq options for Fire Protection offered by the Village of Trumansburg, as presented; to the Town on 10/3/ 12 and outlined above : 1 ) A contract for Fire Protection Service and a separate EMS contract, and 2) A contract that ties Fire Protection Service and EMS together and imposes a surcharge for the latter; and that each of the contracts set forth, in detail, the services proposed to be provided by the Village of Trumansburg ; the conditions governing provision of the proposed services ; and any exclusions or waivers relating to such services. The Town requests the two alternate contracts be provided to the Town Supervisor by Friday November 9 , in order for the Board to have time to consider the costs and services provided, to make a decision on a contract for 2013 and include the appropriate tax levy in the Town of Ulysses Fire Protection District Fund, and meet the 2013 budget adoption 'guidelines set by NYS . BE IT FURTHER RESOLVED that the Town of Ulysses requests that the Village of Trumansburg Trustees and their attorney to work with the Town Supervisor, Deputy Supervisor, and Attorney for the Town to answer any questions necessary to clarify the languageland intent of each of the Fire Protection Service contracts . BE IT FURTHER RESOLVED that the Ulysses Town Board also respectfully requests that the Village of Trumansburg Board of Trustees work collaboratively and in good faith with them to provide, upon reasonable request and with justification, the information necessary to fully enable the governing Boards to make policy decisions in the best interests of all our residents, and to inform the public on how their money is being spent without the need for Freedom of Information Requests and associated delays and increased costs for staff and municipal attorney time. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Romer aye Adopted The Board concurred that the foregoing resolution would be certified by the Town Clerk and held until receipt of Ms . Geldenhuys ' s letter before presenting the resolution to the Village of Trumansburg. si Special Town Board Meeting 3 October 24, 2012 Hearing no further business Ms . Marino moved, seconded by Ms. Tyler to adjourn the meeting . Unanimously approved; meeting adjourned at 9 : 55 p .m . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk