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HomeMy WebLinkAbout2017-12-04-SpecialTOWN OF GROTON — MINUTES OF SPECIAL TOWN BOARD MEETING MONDAY, DECEMBER 4, 2017 AT 7:00 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Donald F. Scheffler, Supervisor Richard Gamel, Councilperson Randy N. Jackson, Councilperson Sheldon C. Clark, Councilperson Absent: Kelly Smith, Councilperson Also present: Nick Gamel, Rick Fritz, April Scheffler. The purpose of the Special Meeting was to review the Full Environmental Assessment Form as part of SEQR review for the adoption of Proposed Local Law #4 for the Year 2017, entitled "A Local Law to Amend Various Sections of the Town of Groton Land Use & Development Code as Enacted by Local Law #1 of the Year 2011. " Clerk Scheffler - Explained to the Board that the important thing to keep in mind is that these forms are generally used for large project or construction and that what the Board is doing is not an actual project, but a simple amendment to the Code. Part 1 of the Full Environmental Assessment Form was discussed: A. Project and Sponsor Information. N anle of Action or Project: A Local Law to Amend Various Sections of the Town of Groton Lend Use 8 Development Code of 20.11 Project Location (describe. aild attach a gellel'al locatloll lllap): Town of Groton Brief Description of Proposed Action (ulclude purpose or need): Proposed Action: Adoption of Proposed Local Law 94 for the Year 2017, entitled "A Local Law to Amend Various Sections of the Town of Groton Land Use & Development Code as Enacted by Local Law #1 of the Year 2011.' Green Energy: This law will change green energy production "commercial" and '-non-commercial" to green energy production `large scale" and "small scale"with clear definitions and guide lines for each. It removes hydro power and biomass from large scale green energy production, and removes hydro power from small scale green energy production. Adopting these changes address advances in green energy since the adoption of the 2011 law; support current State and local initiatives to reduce greenhouse gases; will allow residents the opportunity to produce energy from renewable resources while mitigating adverse impacts due to large scale production. Signs: This law will remove the distinction between commercial and non-commercial signs, as this references content of a sign. The amendment will change the wording in this section to be more consistent with the •1995 Land Use and Development Code, which did not address sign content, and which has been upheld in Tompkins County Supreme Court as well as ruled Constitutional in Federal Court. Nallle of Appllcallt, Sponsor: Groton Town Board Address: 101 Conger Blvd Cit`-iPo: Groton PO Box 36 Telephone: 607-898-5035 E -Mail: townclerk@grotontown.com State: NY Zip Code: 13073 Project Contact (if llot sallle as spollsol': gi-ve Ilallle and title: role): Telephone: 607-898-5035 Donald Scheffler, Town Supervisor E -Mail: supervisor@)grotontown.com Address: •101 Conger Blvd. PO Box 36 City"PO: State: Zip Code: Groton/ Po Box 36 NY 13073 Pi'opei-ty Uri -Ilei- (if Ilot sallle as sponsor): Telephone: E -Mail: Address: City/PO: I State: I Zip Code: Town Board Minutes Page 2 December 4, 2017 B. Government Approvals B. GoN•ernment Appro-vals, Funding, or Sponsorship. ("'Funding"' includes grants. loans. tax relief and any other fortis of financial assistance.) Government Entity- If Yes: Identify- Agency and Appro'val(s) Application Date a. City Council. Town Board. ®Yes❑No or Village Board of Trustees b. City. Town or Village Yes ❑No Planning Board or Commission c. City Council. To win or ®Yes ❑No Village Zoning Board of Appeals d. Other local agencies ®Yes ❑No e. County agencies ®Yes❑No f. Regional agencies ❑Yes®No Required Groton Town Board local law adoption Town of Groton Planning Board review only (Actual or projected) Public Hearing & Adoption projected to be January 9, 2018 December 2017 Town of Groton Zoning Board of Appeals, review December 2017 only Towns of Dryden, Lansing, Virgil, Cortlandville, December 2017 Homer, Summerhill, Locke; Village of Groton Tompkins County Planning Dept 239 review December 2017 Cayuga & Cortland Counties g. State agencies ❑Yes ®No h. Federal agencies ❑Yes ®No i. Coastal Resources. i. Is the project site within a Coastal Area. or the waterfront area of a Designated Inland Waterway? ❑Yes ®No ii. Is the project site located in a coinunnuinity u-itln an approN-ed Local Waterfioint Re -vitalization Program? ❑ Yes®No iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No C. Planning and Zoning C.I. Planning and zoning actions. Will adini nistrati-ve or legislatiN-e adoption. or amendment of a plan. local law. ordinance. rule or regulation be the ®Yes❑No only appro-val(s) which inust be granted to enable the proposed action to proceed? • If Yes, complete sections C. F and G. • If leo, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any in unicipally- adopted (city. town. N-illage or county) coinnprelnensi-•e land use plan(s) include the site ®Yes❑No where the proposed action would be located? If Yes. does the comprehensive plan include specific reconunendations for the site where the proposed action ®Yes❑No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway ®Yes❑No Brownfield Opportunity Area (BOA): designated State or Federal heritage area: watershed nnanagement plan: or other?) If Yes. identify the plan(s): Owasco Water Shed. Cavuaa Lake Water Shed. Groton Aa District. NY State Soil and Water Conservation District. Tomkins County c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plain. ❑Yes®No or an adopted nnunicipal farmland protection plan? If Yes. identify the plan(s): C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes. what is the zoning classification(s) including any applicable o-%•erlay district? Rural Aqriculture, Low Intensity, Medium Intensity (1), Medium Intensity (2), Hiqhway Commercial, Industrial (1), Industrial (2) b. Is the use pernnitted or allowed by a special or conditional use permit? ® Yes❑ No c. Is a zoning change requested as part of the proposed action? ® Yes ❑No If Yes. i. What is the proposed new zoning for the site? Town amendments to Code as described in Part A Town Board Minutes Page 3 December 4, 2017 C.4. Existing community sei-Nicer. a. Ill what school district is the project site located? Groton Central School, Dryden Central School & Homer School Districts b. Mat police or other public protection forces serve the project site? NY State Police & Tompkins Countv Sheriff Deaartment c. Which fie protection mid emergency Medical services serx-e the project site? Groton Fire Department & Ambulance, The Mclean Fire District d. What parks sen -e the project site? None Clerk Scheffler explained that since the Board is adopting a local law, the answer to C.1. is "yes" and parts D and E do not need to be answered and the Board moved on to review parts F and G: F. Additional Information Attach any additional information which may be heeded to clarify your project. If you haze identified any ad -verse impacts which could be associated with your proposal. please describe those impacts plus any measures which you propose to a -"old or minimize them. G. Verification I certify that the lnforlllatlon proN-lded is true to the best of my knowledge. Appllcallt/Sponsor Name Town of Groton - Donald Scheffler Date 11/30/2017 Signature Title Town Supervisor The Board then reviewed Part 2 of the Full Environmental Assessment Form and considered the following: 1. Impact on Land Proposed action may involve consti-uction on. or physical alteration of, ®�'O EJYES the land surface of the proposed site. (See Pala 1. D.1) If f1 es ", ans ver questions a - j. If "No ", move on to Section ?. 2. Impact on Geological Features The proposed action may result in the modification or desti-tiction of, or inhibit access to. any unique or tuiusual land forms on the site (e. g.. cliffs. dimes. NO ❑ YES minerals. fossils. caves). (See Part 1. E.2.g) If "I'es ", miswer auestimis a - c. If "No ", move oil to Sectioil 3. 3. impacts on Sni,face Nk'atei* The proposed action play affect one or More wetlands or other surface water ®NO [:1 YES bodies (e.g.. streams. rivers. ponds or lakes). (See Part 1. D.2. E.2.11) If "Yes allstl'er allestions a -1. If "No ". mol'e, on to Section 4- 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ONO ❑ YES (See Part 1. E.2) If "Yes a7iswer atiestimis a - -e. If "No move oil to Sectloil 6 Town Board Minutes Page 4 6. Impacts on Air December 4, 2017 The proposed action may include a state regulated air emission source. ©NO [:]YES (See Pail 1. D.21. D.2.11. D.2.g) If "Yes ", ansiver questions a - f If "No ", move on to SPctioll 7. 7. impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Pail 1. E.2. III. -q.) ®NO [:]YES If "I'es ", ailsiver !IltestiOlis a - 1. If "No ", move Oil to SPctioll 8. 8. Impact on Agricultilral Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]NO [:]YES If "Yes ", allsiver clllestiolls a - h. If "Aro ", move On to Section 9. 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different fronl. or are ill ©NO [-]YES shah contrast to. current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E. 1.a. E.l.b. E.31.) if "Yes ", ansiver questions a -z. If "No ", zo to Section 10. 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO ❑ YES resource. (Part 1. E. -).e. f. and g.) If "Yes ", aiisiver questions a - e. If "NO', go to SPctioll 11. 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a FV ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c. E.1.c.. E.2.q.) If "I'es ", ansiver clliestions a - e. If "No ", zo to Section 12. 12. impact on Critical Environmental Ai•eas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑ YES environmental area (CEA). (See Pail 1. E.3.d) If "Yes ", answer questions a - c. If "No', go to Section 13. 13. Impact on Ti•anspoi,tation The proposed action may result in a change to existing transportation systems. Q --NO DYES (See Pail 1. D.2J) If "I PS ", ansiver questimis a -.f If "No ", go to Section 14. 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. [Z]NO [:]YES (See Part 1. D.21) If "I'es ", ansiver cmestions a - e. If "No ", zo to Section 15. 15. Impact on Noise, Odoi-, and Light The proposed action may result in an increase in noise. odors. or outdoor lighting. [Z]NO [:]YES (See Part 1. D.2.m.. il.. and o.) If "Yes ", ansiver anestions a - f If "No ", -eo to Section 16. 16. Impact on Human Health The proposed action may have an impact oil hu nlan health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q.. E.1. d. f. g. and h.) If 417 s ", ansiver anestiolls a - ill. If "No ", zo to Section 17. 17. Consistency- with Community Plans The proposed action is not consistent with adopted land use plans. [2]NO [:]YES (See Pail 1. C.1. C.2. and C.3.) I� f "I Ps' , a7isiver questions a - ii. If "No' , go to SPctioll 18. Town Board Minutes Page S December 4, 2017 18. ConsistencA' with CoininunitN- Character The proposed project is inconsistent with the existiina coilulllulity character. ©NO -"E (See Part 1. C'.2. C.3. D.2, E.3) If "Yes ". ansicer auestions a - Q,. If "Aro ". UI'ocee(I to Part 3. The Board then moved on to Part 3 of the Full Environmental Assessment Form and made the following resolution. RESOLUTION #17-071 - NEGATIVE DECLARATION FOR STATE ENVIRONMENTAL QUALITY REVIEW MOVED by Supervisor Scheffler, seconded by Councilperson Gamel WHEREAS, the Town Board of the Town of Groton has introduced Proposed Local Law #4 for the Year 2017 entitled "A Local Law to amend Various Sections of the Town of Groton Land Use and Development Code as Enacted by Local Law #1 of the Year 2011 ' ; and WHEREAS, the Town Board has completed Parts 1 and 2 of the Full Environmental Assessment Form as part of the review of said proposed Local Law, and WHEREAS, this is not a site specific project but an amendment to the Town of Groton Land Use and Development Code 2011 (the Code) and encompasses the whole Town. The Town is not planning any developmental projects and does not anticipate any increase in development, growth of population, use of resources, impact on air or water quality, effect on any plant or animal species, or change in the character of the existing community over what could have been expected under the present Code. Nothing in the amendments changes the intent of the Code, but rather clarifies two sections: Green Energy and Signs, and WHEREAS, while the Code provides for green energy production, it lacks concise definitions and guidelines. The Town felt that amendments were needed to address the many advances in green energy production since 2011; clarify small and large scale; provide guidance to the reviewing board in the event of an application for a large scale facility; ensure that homeowners and farmers have the opportunities to take advantage of lower cost power; and keep abreast of state and local initiatives to reduce greenhouse gases, and WHEREAS, the Town does not have any proposed or pending applications for a large scale facility, but should one be received in the future, the amendment will require Special Permit review by the Town Board and include a site specific SEAR. Small scale facilities will require a building permit issued by the Town Code Official under NY State ICC Building Codes, and WHEREAS, the sign section of the 1995 Code was upheld in Tompkins County Supreme Court and later ruled to be constitutional in Federal Court. The amendment will remove the commercial and non- commercial wording, which could be construed by a court as unconstitutional, and simply address allowed size and number of signs as in the 1995 Code, thereby ensuring that signs will be allowed in all areas and that the constitutional rights of citizens will be protected, now therefore be it RESOLVED that this amendment to the Land Use and Development Code will result in no significant adverse impacts on the environment, and, therefore, and environmental impact statement need not be prepared, and be it further RESOLVED, that the Town Board hereby makes a Negative Declaration for the purposes of State Environmental Quality Review. Ayes - Gamel, Jackson, Clark, Scheffler Absent - Smith Resolution Passed Town Board Minutes Page 6 December 4, 2017 There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson Jackson, at 7:20 pm. Unanimous. April L. Scheffler, RMC Town Clerk