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HomeMy WebLinkAboutTB Minutes 1977-03-31 TOTiETN OF ITHACA. SPECIAL BOARD METING :arch 31 , 1977 - 7a30 p . m . At a Special Heeting of the Town Board of the Town of Ithaca , Tomp- kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 31st Day of 11ay•ch , 1977 , at 7 : 30 p . m . , there were PRESENT . Walter J . Schwan , Supervisor Andrew 61 . P-IcElwee , Councilman Robert N . Powers , Councilman Shirley Raffensperger , Councilwoman Catherine Valentino , Councilwoman ALSO PRESENTS James Ve Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer/Building Inspector Liese Bronfenbrenner , Planning Board Chairwoman Eva Hoffmann , Planning Board David Cassel , 152 Pine Tree Road John Schanan , W . H . C . U . ABSENTO Noel Desch , Councilman Victor Del Rosso , Councilman TV CABLE C0121ISSION Councilwoman Valentino reported that the Tompkins County TV f Cable Commission met last evening ° that , DIr . Ceracche ' s petition in i opposition to the Commission had originally been upheld . However , on re-hearing the New York State Cable Commission approved the Tomp- kins County TV Cable Commission and its ' By-Laws and that the Commis- sion . is legally constituted . At the meeting on k2areh 30 , 1977 . sever - al townsi. exptessed an interest in joining the Commission . As soon as two municipalities sign , a working Commission is established . An interim agreement has. been drawn up which is basically a membership for one year . The Commission is asking each municipality to join for one year at a $ 50 . 00 membership fee . It is estimated that member - ships will bring in $ 600 as working income ( for stationery , supplies , and part- time secretarial help ) . Councilwoman Valentino recommended that the Board adopt a resolution that it will join the Commission at $ 50 . 00 membership fee . Motion by Councilman 1IcElwee ,o seconded by Councilwoman Raffensperger , RESOLVED , that the Town of Ithaca shall join . the Tompkins County TV Cable Commission at a $ 50 . 00 membership fee for one year , - the $ 50 . 00 fee to be disbursed from TV Cable Commission Membership F� Account B- 2770 . ( Raffensperger , McElwee , Powers , Valentino , and Schwan voting Aye . Nays - none . ) Councilwoman - Valentino said it was . also necessary to appoint a person to rapresent the Town on the Commission and to authorize someone to sign the by- laws which are on file in the County Clerk ' s Office . 1-30tion by Councilwoman Raffensperger4 seconded by Councilman P2cElwee , RESOLVED , that thi ., Town Board hereby alp oints Councilwoman Valentino as the Town of Ithaca representative on the Tompkins County TV Cable Commission and authorizes Town Supervisor Walter J . Schwan , on behalf of the Town of Ithaca , to sign thy: by- laws of the Tompkins County TV Cable Commission . (Raffensperger , P=lcElwee , Powers , Valentino , and Schwan voted Aye . Nays - none . ) I Town ,Board Minutes 2 elk rlarch 31 , 1977 r Councilwoman Valentino will keep the Board members apprised of the meetings of the TV Cable Commission so that they may attend' some of these meetings . ENVIRONMENTAL QUALITY REVIEW ACT PUBLIC FMARING Proof of posting and .publication of Notice of Public Bearing to consider the adoption by local law or otherwise of procedures , rules and regulations and other matters pursuant to the State Environ- mental Quality Review Act having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Schwan explained that the State Environmental Quality Review! Act was adopted by the State in 1976 , and that municipalities, are being required to adopt ,by local law or other - wise by April 1 , 1977 procedures , rules or regulations in compliance with the Act . Should the Town not act by April 1 , 1977 , it is not clear at this time ghat the consequences would be . Supervisor Schwan noted that the Town of Ithaca has a Zoning Ordinance which was written in 1954. and amended and revised from time to time since that time , and is now in process of revision again . The regulations of the Zoning Ordinance are presumed to be the local attempt to protect the environment . The State Environment- al Quality Review Act requires that whenever any activity in the Town of Ithaca which might have an impact on the environment is contem- plated , an environmental impact statement must be prepared and sub- mitted to the State . Then a public hearing must be held , and after that a final environmental impact statement must be submitted to the State . Supervisor Schwan felt the State law tended to abrogate local control , contribute delay in implementing projects , require addition- al staff , and make administration difficult . It will require a great deal of paper work and put an added burden on the Town Engineer and the staff that is presently available . Councilwoman Raffensperger agreed with the Supervisor to some extent . She noted , however , that a close reading of the State law suggested that it might be possible to set up local procedures to accomplish the good intent of the legislation and make it more manageable in local terms . She suggested that when a project is presented to the Planning Board the applicant might be required to fill out one of the environmental assessment forms . It is not re - quired under the law , she said , but it is a useful screening device . . The Planning Board could then score the form and make a recommenda- tion to the Town Board as to% whether , in their opinion , the project or activity does or does not have a significant impact on the envi - :carmment . If they determine it does not , then no environmental impact statement must be. filed with the State . Mr . Fabbroni questioned whether this procedure could be accomplished in the 15 day time limit . Mr . Buyoucos explained that the State law has been adopted , and it says there are certain additional local procedures which municipalities may adopt , and these must be adopted by April 1 , 1977 . The State law is the organic law which states that the State has determined that the condition of the environment is important and must be preserved', 'and , therefore , certain procedures shall be fol - lowed . The State is saying that municipalities have their procedures for protecting the environment ( zoning laws , planning rules and regu- lations , subdivision regulations , and the like ) and that the State is inserting the additional requirement that there be assessed the impact of any activity on the environment . The language is rather broad and the procedures they have setup are couched in very broad language . 7 S� .:Town Board Minutes - 3 - March 31 , 1977 Mr . Buyoucos said the Board can comply , with the State law in one of three. wayss ( 1 ) by local law , ( 2 ) . by ordinance , or ( 3 ) by :resolution . After ' considerable discussion , it was agreed the Town iould probably have more flexibility if its procedures were set out , in a resolution , since changes could be more easily male from time to time , and a local law might be adopted at a latent if it appeared appropriate . At this time the Board reviewed a draft prepared by tire Fabbroni in connection with the Act , which for the most part was taken from sample local legislation suggested by . the State , but adapted for the Town - of Ithaca . There was no great enthusiasm on the Board to make a decision on this matter under the gun of an April 1 deadline , nor a great deal of enthusiasm for the Act itself for the reasons suggested by Supervisor Schwan earlier . However , the Board settled down to a review of Fire Fabbroni ' s draft of procedures . The Board digressed again to consider whether the procedures should be drawn up as a local law or a resolution . °ss . Eva Hoffmann stated she had attended the information meeting on this matter and said that at that meeting an official of the regional Department of Environmental Conserv«tion in Cortland had stated that , if necessary , communities could adopt ' procedures by' resolution for now and then by June 1 could have had a public hearing and another. go at it . It would give the communities more time for study and an opportunity to make changes , and by June 1 have something definite on the books . The official said he could not know for sure there would not be challenges , but the State has . been recommending that localities might do this in a winch . Mr . Buyoucos recommended adopting the prccedures . by resolu- tion prior to April 11P since the law says that agencies subject to the - legislation * shall adopt and publish the necessary procedures by April 1 , 19779 At this point the Board settled down to a review of the items which might or might not have a significant impact upon the environment . They discussed . the following items tentatively deemed not to have a significant effect on the environment , ( irndicated in Section 3 (b ) of 14r . Fabbroni ' s draft) , ° u . The proposed modification of 'comprehensive land use plans , zoning ordinances , . building codes , comprehensive solid waste plans ,' regional trans - portation plans , water resource basin plans , com prehensive water quality studies , local flood Alain control plans and the like : ve The re- construction or alteration of existing commercial buildings . we Actions involving any zoning variances . x . Actions . in compliance with zoning not covered . in Type I actions . y . Maintas ing or rebuilding highways not involving 11 r.dditional rights of way . z . dark plans . zz < Sergapr and water extensions . < . Corrective runoff measures such as maintenance of existing structures , replacement , storm sewering highway ditches , or stream bank pro- tection . Town Board Minutes - 4 - March 31 , 1977 Councilwoman Raffensperger objected to the inclusion of " u " and " x " as inappropriate in a list of items not deemed to have a significant impact on the environment . The Board again vacillated between adopting tha ---rocedures as a local law or a resolution . Mr . Buyoucos said :. . t _ a adopted by resolution , he was not sure whether later on the Heard could adopt a local law . He said , however , he would prefer a Leasolution at this time . The Board finally agreed to act by There was continued discussion of the items in AZr . Fabbroni ' s draft deemed not to have a - significant impact on the environment . Councilwoman Raffensperger continued to . object to the inclusion of " u " and " x '" . No other persons wishing to be heard , the Suaervisor closed the hearing at 10 ° 00 p . m . RESOLUTION - ENVIRONMENTAL QUALITY REVIEW ACT - LOCAL PROCEDURES The following resolution was moved by Councilman McElwee and seconded by Counr° ilman Powers : This resolution is adopted pursuant to subdivision 4 ( b ) of section 8 . 6117 . of the Eiaivironmental Conservation Law relating to environmental qualityreviei4 of actions which may have a significant effect on the environment . IT IS RESOLVED AS FOLLOTIS : 1 . ( a ) Unless the context shall otherwise require , the terms , phrases , words and their derivatives used in this resolution shall have the same meaning as those defined in section 8 - 0105 of the Environmental Conservation Law and Part.. 617 of Title 6 NYCRR . ( b ) " Town " shall mean the Town of Ithaca . 2 . No decision to carry out or approve an action other than an action listed in section 3 (b ) hereof of section 617 . 12 of 6 NYCRR as Type II action , shall be made by the Town Board of the Town of Ithaca or by any department , board , commission , officer or employee of the Town until there has been full compliance with all requirements of this resolution and Part 617 of Title 6 NYCRR , pro- vided however , that nothing herein shall - be construed as prohibiting ( a ) the conducting of contemporaneous environmental engineering , economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which- do not commit the Tovm to approve , com- mence or engage in such action , or ( b ) the granting of any/pa an application which relates only to technical specifications and requirements , provided that no such partial approval shall entitle or permit the applicant to com- mence the action until all requirements of this resolution and part 617 of Title 6 NYCRR have been fulfilled . 3 . 'Those actions listed in section 617 . 12 of Title 6 NYCRR as Type I actions are likely to have a significant effect on the environment . ( a ) Consistent with Part 617 of Title 6 NYCRR and the criteria therein , the following actions , in addition to those listed in sPctic -i 617 . 12 of Title 6 NYCRR as Type II actions , are deemed no#: to have a significant effect on the environment : 17 Town Board Minutes - 5 - March 31 , 1977 u . The proposed modification of comprehensive land use plans , zoning ordinances , building codes , comprehensive solid waste plans , regional transportation plans , water resource basin plans , comprehensive water quality studies , local flood plain control plans and the like . v . The re -construction or alteration o1c exiting commercial buildings . w . Actions involving any zoning variances . X0 Actions in compliance with zoning not covered in Type I actions . Y . Maintaining or rebuilding highways not involving additional rights of way . z . Par:: plans . zz . Sewer and water extensions . zzz . Corrective runo :Llf measures such as maintenance of existing structures , replacement , storm sewer - ing highway ditches , or stream bank protection . 4 . For the purpose of assisting in the determination of whether an action may or will not have aq significant effect on the environment , applicants for permits or other approvals shall file a written statement with the Town Engineer setting forth the name of the applicant ,* the location of the real property affected , if any ; a description of the nature of the proposed action ,. and the effect it may have on the environment . In addition , applicants may include a detailed statement of the reasons why , in their view , a proposed action may or will not have a significant effect on the environment . Where the action involves an application , the statement shall be filed simultaneously with the application for the action . The state - ment provided herein shall be upon a form prescribed by resolution by the Town Board and shall contain such additional relevant informa- tion as shall be required in the prescribed form . Such statement shall be accompanied by drawings , sketches and maps , if any , to - gether with any other relevant explanatory material required by the Town Engineer , 5 . Upon re-cEptof a complete application and a statement , the Town Engineer shall cause a notice thereof to be posted on the signboard , if any , of the Town of Ithaca maintained by the Town of Ithaca and may also cause such notice to be published in the official newspaper of the Town of Ithaca , describing the nature of the pro - posed action and stating that written views thereon of any person shall be received by the Town Engineer no later than a date speci - fied in such notice . 6 . ( a ) The Town Engineer shall render a written determina- tion on such application within 15 days following receipt of a com- plete application and statement , provided however , that such period may be extended by mutual agreement of the applicant and the Town Engineer . The determination shall state whether such proposed action may or will not have a significant effect on the environment . The Town Engineer may hold informal meeting with the applicant and may meet with and consult any other person for the purpose of ai�dingjhim in making a dateri-tAination on the application . ( b ) The time limitations provided in this resolution shall be coordinat .d with , to the extent practical , other time limi - tations provided by statute or local law , ordinance or regulation of the Town . I Town Board minutes - 6 - March 31 , 1977 7 . ( a ) The applicant of every application for determina- tion under the provisions of Article 8 and the regulations adopted pursuant thereto shall pay such fees as are reasonably necessary to cover the costs incurred in connection with the precceeo. ings in - volved in rendering such determination , including , GJi ' rxw '- ? inviting the generality of the foregoing , the cost of publishii,.� rea a ai red notices , the cost of engineering , technical and cleriWa. i services , including disbursements , reasonably incurred in conn � , i: ion therewith provided that such - -f:eep shall not exceed one -half of one per cent of the action ' s cost to the applicant ( see sect -ion 617 . 11 of 6 NYCRR , Part 617 . ) This provision does not prevent or limit the collection of fees under any other laws , ordinances , rules and regulations on matters other than environmental impact determinations . i ( b ) Every application shall be accompanied by a deposit in such amount as the Town Board may from time to time require . :�. n the meantime engineering services shall be computed at $ 15 . 00 . per hour , . technical services at $ 7 . 50 per hour , and clerical services at $ 7 : '50 per hour . Except as subsequently modified , the fee accom- panying the deposit shall be an amount to cover the estimated cost of publication and posting , plus an additional sum of $ 25 . 00 . Fees shall be paid from time to time as the costs are incurred . 8 . If the Town Engineer determines that the proposed action is not ( a ) an exempt action , not ( b ) an action listed in section 3 ( b ) hereof or (c ) section 617 . 12 of Title 6 of 11YCRR as a Type II action and it ( d ) will not have a significant effect on the environ - ment , the Town Engineer shall prepare , file and circulate such de - termination as provided in section 617 . 7 ( b ) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this resolution . If the Town Engineer determines that the proposed action may have a significant effect on the environment , the Town Engineer shall prepare , file and circulate such determina - tion as provided in E17 . 7 ( b ) of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this resolution and Part 617 of Title 6 NYCRR . 9 . Following a determination that a proposed action may have a significant effect on the environment , the Town Engineer shall , in accordance with the provisions of Part 617 of Title 6 NYCRR . ( a ) in the case of an action involving an applicant , immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report on the form of a draft environmental impact statement , or ( b ) in the case of an action not involving an applicant , shall prepare a draft environmental impact statement . If the appli - cant decides not to submit an environmental impact report , the Town Engineer shall notify the applicant that the processing of the application will cease and that no approval will be issued . 109 Upon completion of a draft environmental impact statement prepared by or at the request of the Town of Ithaca , a Notice of Completion containing the information specified in sec - tion 617 . 7 (d ) of Title 6 NYCRR shall be prepared , filed and circu- lated as provided in section 617 . 7 ( e ) and ( f ) of Title 6 NYCRR . Copies of the draft environmental impact statement and the Notice of Completion shall :.)e filed , sent and made available as provided in section 617 . 7 ( c ) and ( f ) of Title 6 NYCRRR . Tf the Town Board determines to hold a public hearing on a draf nk�,! ironmental impact statement , notice thereof shall be filed , circa: ated and sent in the same manner as the Notice of Completion and shall be :. u.blished in the official newspaper of the Town at least ten day : Dior to such public hearing . Such notice shcjll Town Board Minutes - 7 - March 31 . 1977 also state the place where substantive written comments on the , draft environmental impact statement may be sent and the date be :Lore which such comments shall be received . The hearing shall couunar.• r.:ae no less than 15 calendar days nor more than 60 calendar days c " tea filing of the draft environmental impact statement , except as o-%. he:rwise provided where the Town determines that additional time m�� is; necessary for the public or other agency review of the draft env-J.rf.)nmental impact statement or where a different hearing date is required as appropriate under other applicable law . 11 . If on the basis of a draft environmental impact state ° ment or a public hearing thereon the Town Board of the Town of Ithaca determines that an action will not have a significant effect on the environment , the proposed action may be processed without further regard to this resolution . 12 . Except as otherwise provided herein , the Town Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 NYCRR , provided further that if the action involves an application. the Town Board may direct the applicant to prepare the final environ - mental impact statement . Such final environmental impact statement shall be . prepared within 45 days after the close of any hearing or within 60 ' days after the filing of the draft environmental impact statement , whichever last occurs , provided however , the Town 'Board may extend this time as necessary to complete the statement adequate - ly or where problems identified with the proposed action require ' inaterial . reconsideration . or modification . Where the action involves an application such final environmental impact statement shall be accompanied by the fee specified in this section to defray the ex- penses . of the Toim in preparing and/ot evaluating same . The fee shall be determined as follows . $ 15 . 00/hr Engineering $ 7 . 50 /hr Technician $ 7 . 50/hr Clerical $ 26 . 70/hr Administrators 13 . A Notice of Completion of a final environmental impact statement shall : be prepared , filed , and sent in the same manner as provided in. section 10 herein and shall be sent to . all persons to whom the Notice of Completion of the draft environmental impact was sent . Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement . 14 . No decision to carry out or approve an action which has been the subject of a final environmental - impact statement - by the Town Board or by any other agency shall be made until " after the filing and consideration of the final environmental impact statement . Where the Town Board has been the lead agency for an action , it shall make a decision whether or not to approve the action within 30 days of the filing of the .final environmental impact statement . 150 When a Town Board decides to carry out or approve an action which may have a significant effect on the environment , it shall make the following findings in a written determination . ( a ) :, . -Cisistent with social , economic and other essential considerations 1 . � state policy , to � the maximum extent practicable , from among the reasonable alternatives thereto , the action to be carried out or app:roved is one which minimizes or avoids adverse ' environmental effects , including the effects disclosed in the rele - vant environments , . a" A>l.=fact statements ; and r� Town Board Minutes - 8 ° March 31 , 1977 ( b ) all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects . 16 . For public information purposes , a copy of , he determina - tion shall be filed and made available as provided in Pant 617 of Title 6 NYCRR . ' 17 . The Town shall maintain files open for public inspection of all Notices of Completion , ' draft and final environmental impact statements and written determinations prepared or caused to be pre - pared by the Town Engineer and Toni Board , 18 . there more than : one agency is involved in an action , the procedures of sections 617 . 4 ' and 617 . 8 of Part 617 of Title 6 NYCRR shall be followed . 19 . Actions undertakenor approved prior to the dates spec ° fied in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this resolution and the provisions of Article 8 of the Environmental Conservation Law . and Part 617 of Title 6 NYCRR , provided however , that if , . afier such dates a Town Board modifies an action undertaken or approved prior to that date and the Town Board determines that the modification may have a significant adverse effect on the environment , such modification shall be an action subject to this resolution and Part 617 of Title 6 NYCRR , 20 . Notwithstanding the use of the word " Town Engineer " in this resolution , the duties and functions required to be conducted by said Town Engineer ?may' be conducted by such other : person bt per - sons ' ws the Town ' Board may from time to time designate , except that the original application and written statement required to be filed in accordance with the provisions of paragraph 4 shall first be filed with the Town Engineer . 21 . The foregoing resolution has been adopted in response to the mandate imposed by subdivision 4 (b ) of section 8 ° 0117 of the Environmental Conservation Law and may be incorporated in any local law or ordinance which may be hereinafter adopted and may be amended , revised , modified or otherwise changed by any subsequent resolution , rules , regulations , ordinances , or local laws which may be herein ° after adopted . (PlcElwee , Powers , Valentino , and Schwan voting Aye . Nay ° Council - woman Raffensperger . ) The resolution was thereupon declared to be duly adopted . (Councilman Raffensperger requested that it be noted for the record that she voted against the resolution because of her objection to the inclusion u { sub-paragraphs " u " and " x " in section 3 ( b ) . ) ADJ0URNJ1-JEP3T The meeting was duly adjourned at 1 .: 15 p . m . Edward L . Bergen Town Clerk < a�