HomeMy WebLinkAbout2018-01-16-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MEETING MINUTES
Tuesday, January 16, 2018
Approved: February 6, 2018
Present: Chair David Blake, and board members Rebecca Schneider, John Wertis and Sara
Worden; alternate Benjamin LeWalter; Town Board Liaison Rich Goldman.
Town Planner Darby Kiley attended via conference call. Mr. LeWalter was named a voting
member in place of David Tyler, who has resigned from the Board.
Public in Attendance: none
Call to order: 7:14 p.m.
Agenda Review; Minutes Review (12/19/17; 01/02/18)
Mr. Wertis MADE the MOTION to accept the December 19, 2017 meeting minutes, and Ms.
Schneider SECONDED the MOTION. The motion was unanimously carried, 5-0.
Ms. Schneider MADE the MOTION to accept the January 2, 2018 meeting minutes, and Mr.
Wertis SECONDED the MOTION. The motion was unanimously carried.
Privilege of the Floor: No one addressed the Board at this time.
Draft Zoning Discussion
Ms. Schneider explained her comments on the zoning proposal that were circulated to Board
members prior to the meeting. She said she is looking for feedback on her comments, though, as
written, they are not representative of the entire Planning Board and not what the Zoning
Updates Steering Committee is looking for come Thursday. However, she feels the ZUSC
zoning process has gone down a wrong path. She understands the appeal in attempting a one-
size-fits-all zoning regulation for 80 percent of the land in Town, but it does not make sense.
Consultants and ZUSC have keyed in only some of the benefits associated with farmland,
supporting local farmers and open space, but there are many. For instance, open space helps
protect groundwater, while natural corridors like the Black Diamond Trail promote ecotourism.
You cannot distill all of these numerous benefits and resources under a single “Ag/Rural”
regulation; these resources require different safeguarding goals and thus different strategies to
meet those goals. This one-size-fits-all approach would not protect many benefits and would lead
to degradation. Certain allowable accessory uses in the Ag Zone are potentially polluting. She
also noted health risks associated with CAFOs. Zoning is just one tool, but there are many others
for land use planning, for instance, preserving viewsheds are much different concerns than, say,
increased density of homes along a stretch of road. Conservation easements would be a strong
tool to preserve them.
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January 16, 2018
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Mr. Goldman noted that the Planning Board offered some feedback at the previous comment
period, though Ms. Schneider’s concerns are much more comprehensive. What has changed for
the Planning Board since that first comment period? Mr. Wertis cited information. Ms. Kiley
said the Planning Board reviewed the first draft last February and had until May to comment on
it. Ms. Schneider said some of her concerns were noted previously, but ZUSC has proceeded
with its current strategy anyway. She believes the intent is good, but this has not been the most
transparent process. Mr. Blake added that experts have been relying on slanted data, using it how
they wanted. We felt then as we do now that it is inappropriate to rely on such data, he said,
adding as this zoning draft has developed, it has become more apparent there has been a lack of
input from some citizens. Mr. Wertis suggested ZUSC postpone any zoning recommendations to
the Town Board for three months. During that time, perhaps Ms. Schneider’s proposal might get
a foothold. The Town will run out of money for the consultants, Mr. Goldman said, so somebody
will have to do the work. Ms. Kiley said the Town completed its Lakeshore and Conservation
zones themselves, without any consultants, and it was a difficult and long process. It was decided
then that any future zoning updates would include consultants. She said the Town has used up
the grant funding, and the Town Board recently approved an additional $7,000 for the
consultants, specifically on work related to summaries, a compiling of comments and frequently
asked questions and on crafting the next draft. NYSERDA is currently reviewing the ZUSC
draft. If the Town does not get reimbursed for the work, how would the $40,000 get covered? If
the Town rejects the draft, asked Mr. Wertis, do they not get reimbursed? Ms. Kiley was not
sure. The state holds back 10 percent of the total grant award until the full project is completed.
If we do not finish, the Town will be out 10 percent of the grant, she said.
Thus far the Town has received roughly 35 comments, with several from the Ag Committee, Ms.
Kiley said.
Prime soils, viewsheds, groundwater recharge areas – these are topics that need to be discussed,
Ms. Schneider said. Perhaps overlays are an option. She suggested beginning with prime and
subprime soils and using them as criteria for how to separate Town resources (ag land, open
space, viewsheds, etc.) and strategies to address each of them. Mr. Wertis is concerned with the
comment deadline and again suggested ZUSC take a 3-month postponement on zoning
recommendations to the Town Board so as to give the public ample time to review best
strategies.
At this time, Planning Board members began crafting their collective concerns in preparation for
the upcoming ZUSC stakeholder meeting. A delay in zoning recommendations was considered,
but a specific length of time was ultimately left out of the Planning Board’s statement. Instead,
the statement calls for a general postponement or slowdown. Ms. Kiley said ZUSC does not
know how long it will take to turn something over to the Town Board; in effect, ZUSC has no
deadline as it is.
Ms. Schneider MADE the MOTION to approve the following Planning Board list of concerns,
and Ms. Worden SECONDED the MOTION as follows:
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January 16, 2018
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1. We would like to put a postponement or slow down on the process of developing a single
ag/rural zone regulation and reconsider whether it’s the appropriate solution for doing what we
want to do for approximately 80 percent of the Town. We appreciate the Town has worked
proactively to protect key resources and features of the Town and understand the appeal of
having a single regulation for an entire area for efficiency and simplicity. However, the currently
designated Agriculture (A1) and Rural (R1) zones represent more than three-quarters of total
land area, and it’s not reasonable to assume that one regulation is appropriate to cover all the
area. In fact, the proposed zoning actually takes rich diversity of values and benefits that we
obtained from ag/rural area and grouped them into one category deserving of protection. We
would argue these benefits translate to different goals with individual strategies to ensure their
protection. A preliminary list of resources include (1) Farmland protection and prime soils (2)
Encouraging farming operations as overlapping goal with soils themselves (3) Protection of open
space of valuable viewsheds (4) Protection of open space for trails for tourist and wildlife to use
as corridors (5) Protection of open space for water resource benefit and for water recharge areas.
2. The Planning Board is concerned with the quality and accuracy of reference data. We’re
concerned that the data being used for the decision, including the type of data, its accuracy, and
sources of information have not been adequately reviewed.
3. Step back and enlarge the ZUSC to include more members, so as to have a better cross-section
of representation of the various interests of the Ulysses community.
The vote was as follows:
Mr. Blake AYE
Mr. LeWalter AYE
Ms. Schneider AYE
Mr. Wertis AYE
Ms. Worden AYE
Result: Motion passes
Mr. Wertis had a question about the procedure for minutes when those minutes include a
resolution intended for a specific board or committee. He suggested any resolution be extracted
from the minutes – even if the minutes are not yet finalized – and sent to the appropriate entity.
Mr. Blake MADE the MOTION to adjourn, and Mr. Wertis SECONDED the MOTION. The
motion was unanimously carried.
Meeting adjourned at 8:42 p.m.
Respectfully submitted by Louis A. DiPietro II on February 1, 2018.