HomeMy WebLinkAbout2020-08-11-TB-FINAL-minutes1
TOWN BOARD MEETING
Town of Ulysses
August 11, 2020
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held via videoconference on the Zoom platform.
Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
ATTENDANCE:
TOWN OFFICIALS PRESENT:
Supervisor- Nancy Zahler
Board members- Richard Goldman, Michael Boggs, Katelin Olson, Marc Devokaitis
Deputy Town Clerk- Sarah Koski
Second Deputy Supervisor- Michelle Wright
Attorney for the Town- Khandikile Mvunga Sokoni
Environmental Planner- John Zepko
OTHERS PRESENT: Lawrence McCann, Mary Bouchard, Linda Liddle (Planning Board Chair),
Peter Houghton, Anne Koreman (Tompkins County Legislator) , Edward Webster
CALL TO ORDER:
Ms. Zahler called the meeting to order at 7:00pm
APPROVAL OF AGENDA:
RESOLUTION 2020-157: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for August 11, 2020 with
the following change: move town reports to follow the budget updates to allow for more
discussion of zoning update earlier in the meeting.
Moved: Ms. Zahler Seconded: Ms. Olson
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 8/11/2020
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PRIVILEGE OF THE FLOOR
(none)
REPORTS FROM REPRESENTATIVES:
Anne Koreman, Tompkins County Legislator: There are currently 12 active cases of COVID in the
county, which is low considering there are some returning Ithaca College and Cornell University
students that are getting tested. The county is working with all three colleges on their reopening
plans. Many residents are concerned about students returning in regard to infection rate. June
sales tax is down 31.64% for the County, and down 30.55% for municipalities. July sales tax
numbers are expected this week. TC legislature is creating an online sign in process for those who
want to publicly comment during their online meetings. Currently there are 18 furloughs in the
county workforce. County budget talks are set to begin August 19th. The current estimate for the
county is 6-11 million deficit and they are expecting a 20% reduction in state aid.
COVID testing is no longer free unless you are exposed to a known case or have symptoms.
Testing now costs $99. Testing is now by appointment only. The county is looking for state and
FEMA reimbursement that might help cover the costs of testing.
Ms. Olson asked about free testing sites in New York State; are there other sites that Tompkins
county residents could get tested for free? Ms. Koreman stated that NYS has free testing sites in
Syracuse and Binghamton. Ms. Koreman will ask the health department to get that information
added to their website.
At the county, 25-28 people may take advantage of early retirement. Tuesday the county
legislature will recognize the 19th amendment to honor 100 years of women’s suffrage.
TOWN REPORTS: MOVED TO LATER IN THE MEETING
(See Appendix I)
OLD BUSINESS:
Discussion:
Ms. Zahler directed the Town Board that this would be the time to react to public comments in
regard to the zoning amendment, and have an open discussion before the board takes action.
Mr. Boggs thanked Ms. Liddle and the Planning Board, Mr. Zepko and Mr. Houghton for their
work on the amendment. Ms. Zahler also thanked those involved for adjusting to meeting
virtually through Zoom.
Mr. Zepko then went over Parts 1, 2 and 3 of the Environmental Quality Review Act (See Appendix
II).
Mr. Devokaitis asked if there is another level of review after the Town Board and Mr. Zepko and
Ms. Zahler said that no, as the Town Board is the lead agency for the SEQRA.
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SEQRA NEGATIVE DECLARATION OF SIGNIFICANCE FOR THE ADOPTION OF LOCAL LAW # 1 OF
2020, A LOCAL LAW AMENDING THE TOWN OF ULYSSES ZONING LAW REGARDING LAKE SHORE
AND CONSERVATION ZONES
RESOLUTION 2020-158– SEQRA NEGATIVE DECLARATION OF SIGNIFICANCE FOR THE
ADOPTION OF LOCAL LAW #1 OF 2020, A LOCAL LAW AMENDING THE TOWN OF
ULYSSES ZONING LAW REGARDING LAKE SHORE AND CONSERVATION ZONES.
WHEREAS, the Town Board of the Town of Ulysses (Town Board) enacted Local Law No. 3 of 2019
on December 10, 2019, which law was filed with the New York State Secretary of State on
December 16, 2019. Local Law No. 3 of 2019 repealed in its entirety the Town of Ulysses Zoning
Law adopted by Local Law No. 3 of 2013, amended from time to time, and codified as Chapter 212
of the Laws of the Town of Ulysses, and in its place adopted a new zoning law, and
WHEREAS, the Town Board now seeks to further refine the Ulysses Zoning Law by revising the
maximum foot print of buildings in the Lake Shore Zone (LS) and Conservation Zone (CZ), as well
as to refine building standards in these zones to protect the impact of development on the steep
slopes and natural resources according to the goals set in the Ulysses Comprehensive Plan of
2009, and
WHEREAS, The Town Board has determined that the action is a Type I action under 6 NYCRR Part
617 of the State Environmental Quality Review Act (SEQRA), and by Resolution Number ,2020-137
declared itself Lead Agency for the purpose of conducting an uncoordinated environmental
review in connection with approval by the Town; and
WHEREAS, The Town Board sought advice from the Town of Ulysses Planning Board regarding the
footprint of dwellings in Lake Shore and Conservation Zones; and
WHEREAS, the Town Board is the only agency charged with taking action in connection with the
adoption of this Local Law, which action is purely legislative in nature; and
WHEREAS, The Town Board of the Town of Ulysses, acting as the Lead agency in its the
uncoordinated environmental review in accordance with Article 8 of SEQRA, thoroughly reviewed
the Environmental Assessment Form (“EAF”), Parts I and 2, and the Impact Analysis of the
Proposed Zoning Amendments, including the findings noted therein (which findings are
incorporated herein as if set forth at length), and any and all other documents prepared and
submitted with respect to this proposed action and its environmental review, and thoroughly
analyzed the potential relevant areas of environmental concern to determine if the proposed
4
action may have a significant adverse impact on the environment, including the criteria identified
in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part 3; and
WHEREAS, the Town Board has compared the proposed action with the criteria for determining
significance in SEQRA 6 NYCRR 617.7;
NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ulysses, based upon its
thorough review of the EAF, Parts 1 and 2, and the Impact Analysis of the Proposed Zoning
Amendments, including the findings noted therein (which findings are incorporated herein as if
set forth at length), and any and all other documents prepared and submitted with respect to this
proposed action, and in comparison with the Criteria for Determining Significance found at 6
NYCRR Part 617.7, hereby makes a negative declaration of environmental significance (“Negative
Declaration”) in accordance with SEQR for the above referenced proposed zoning amendments
and that the preparation of a Draft Environmental Impact Statement is not required; and
BE IT FURTHER RESOLVED,
that this determination is based on the following facts and conclusions:
Adoption of the Local Law is consistent with the following Objectives of the Town of Ulysses
Comprehensive Master Plan:
OBJECTIVE #1.1 B - Investigate and implement various mechanisms to protect and preserve
environmentally sensitive areas such as steep slopes, wetlands, Unique Natural Areas, mature
forests and important wildlife habitats in all Land Use areas.
OBJECTIVE #1.1 E. Enact zoning regulations to protect the Cayuga Lake waterfront and ensure
development that is consistent with the lakefront’s existing character and compatible with the
natural environmental features.
OBJECTIVE #1.2 B. Ensure that effective Town-wide stormwater management and erosion and
sediment control regulations are in place, and that there are sufficient resources to effectively
enforce the regulations; at a minimum the regulations need to ensure that rates of runoff from
new development are no greater than pre-development rates, and erosion control measures
effectively prevent sediment from entering streams and roadside ditches during construction and
other soil disturbing activities
Adoption of the Local Law will not result in any direct action or physical change to the
environment.
Any changes to the environment that may occur from adoption of the Local Law would be indirect
and result from future undertakings that would be permitted by the Local Law.
5
Adoption of the Local Law will likely preserve land, and the unique natural resources in the Town
of Ulysses.
Conformance with adopted Town of Ulysses Plans & Environmental Impact Analysis
of Proposed 2019 Zoning Amendments
Comprehensive Plan Objective Town Action through
Zoning
Environmental Impacts
1.1 Preserve and protect the town’s
natural and environmental resources
(Objective 1.1 p.19);
Stream setbacks to
Taughannock and
Trumansburg Creeks
have been increased.
Section 212-124 B.
Stream Protection
Setback, has been
clarified with the goal
of protecting water
quality.
No negative environmental impacts. Protects
water quality from contamination and
sedimentation due to soil erosion
1.2 Protect existing water resources and
maintain water quality
See above No negative environmental impacts.
Protects water quality from contamination and
sedimentation due to soil erosion
1.2a Review and revise the existing Town
regulations to more adequately
protect streams in the Town through
buffer zones, setbacks, or other
protection mechanisms such as a
stream protection overlay zone.
See above No negative environmental impacts. Protects
water quality from contamination and
sedimentation due to soil erosion
1.2g Identify and enact measures to
protect the quantity and quality of
groundwater for Town residents,
including the preservation of open
space and prohibiting over-
withdrawal of groundwater
resources, and limiting potential
negative impacts associated with
septic systems, agricultural practices
and commercial contaminants.
See above. Sections
212-139.3: Animal
Waste Storage
Facility, and 212-
139.4 Confined
Animal Feeding
Operations both
enact measures to
protect ground and
surface water and
protect neighboring
lands from the side
effects from large
quantities of animal
waste. The separate
No negative environmental impacts. Protects
water quality from contamination and
sedimentation due to soil erosion
6
Comprehensive Plan Objective Town Action through
Zoning
Environmental Impacts
law on Illicit
Discharges covers
protection from
commercial
contaminants.
1.2h Ensure to the extent possible that
animal agriculture operations in the
Town are managed so as to protect
the health and safety of the citizens of
the Town.
See answer to 1.2g Protects water quality from contamination.
Setbacks from property lines are intended to
limit negative environmental impacts on
neighboring lands animal waste storage.
1.3a Ensure to the extent possible that all
animal agriculture operations in the
Town are managed so as to protect
the health and safety of the citizens of
the Town.
While the Town has
little oversight
authority for
agriculture, the Town
does feel residents
have a right to know
the same information
that is submitted to
the state regarding
animal waste
management. Having
some oversight of the
location of animal
waste storage
facilities is for the
protection of health
and safety of
residents (see
separate section
below on CAFOs)
Residents will have the information to help
protect their own health, safety and welfare to
the extent allowed by NYS Ag and Markets.
2.1a Use the Future Land Use Plan to guide
officials’ decision-making as it relates
to future development.
The proposed zoning
map uses the Future
Land Use Plan as a
guide to regulations
within each zone.
No negative environmental impacts
2.1b Update the Town’s Zoning Law to
ensure consistency with the Future
Land Use Plan.
The proposed zoning
map more closely
matches that of the
Future Land Use Plan.
No negative environmental impacts
2.1c Incorporate architectural design Design standards and No negative environmental impacts
7
Comprehensive Plan Objective Town Action through
Zoning
Environmental Impacts
guidelines or standards into the
Town’s Zoning Law to ensure new
commercial and mixed land use
development is consistent with the
vision of the Town. Utilize the results
of the Community Character Survey
to aid in codifying the design
standards for inclusion in the updated
Zoning Law. Include architectural
review as part of the site plan review
process for all commercial, large-scale
residential, and mixed use
development that occurs in the Town.
guidelines have been
enhanced for
commercial
development,
lighting, signs, and
parking, and to a
small degree,
architectural detail
based on Appendix 4,
the Community
Character Survey
Results.
2.5f Incorporate land use tools in the
Zoning Law that encourage the
clustering of residential development
to preserve existing rural character
and efficient use of municipal
services.
Subdivision rules
encourage use of
cluster subdivision to
preserve rural
character and reduce
demand for new
municipal water
services.
No negative environmental impacts.
Actions preserve farmland and open space.
2.6a Prepare a Farmland Protection Plan to
identify important agricultural lands.
Develop specific strategies for
protecting and maintaining high
quality agricultural land for
agricultural uses and for preserving
the rural landscape.
The Town adopted an
Agriculture and
Farmland Protection
Plan in 2013 with
strategies for
protecting ag land for
ag uses and
preserving the rural
landscape.
No negative environmental impacts.
Actions preserve farmland and open space.
2.6c Allow cluster and road frontage
development in the Agricultural
Priority Area of the Future Land Use
Plan, as appropriate to conserving
valuable farmland for continued
agricultural uses while also allowing
farmers and landowners to develop
smaller lots.
Cluster development
and development
along road frontages
is allowed in the
proposed zoning in
the Ag Priority Area
to still allow farmers
to develop.
No negative environmental impacts.
Actions preserve farmland and open space.
3.1g Allow farm-related businesses on
farms as long as they remain
The proposed zoning
adds and expands on
While certain types of farming or farm business
operations do have environmental impacts such
8
Comprehensive Plan Objective Town Action through
Zoning
Environmental Impacts
secondary to the farm operation. the commercial uses
allowed in the
Agricultural/Rural
zone.
as use of fertilizers and pesticides, NYS has broad
regulatory authority over agriculture and its
impact on the environment. Site plan review will
help mitigate the environmental impacts of
certain farm-related businesses.
5.2b Revise the existing sign ordinance to
ensure consistent and aesthetic sign
design and to include appropriate sign
regulations on the Cayuga Lake Scenic
Byway.
The sign regulations
are essentially the
same but have been
clarified to remove
ambiguity. Guidance
taken from the
Community
Character Survey.
No negative environmental impacts.
5.2c Revise the existing outdoor lighting
ordinance to prevent light pollution.
The outdoor lighting
design standards
have been changed
to adhere to Dark Sky
guidelines to protect
from light pollution
for the benefit of all.
Guidance taken from
the Community
Character Survey.
No negative environmental impacts. Regulations
decrease light pollution.
5.2d Include landscaping requirements for
new commercial and residential
developments where appropriate and
create incentives to landscape
existing structures.
Design Standards
have some new
landscaping
requirements.
Guidance taken from
the Community
Character Survey.
No negative environmental impacts.
Community Character Survey Results,
Appendix 4, page 151-- In general, the
lowest rated images were those that
showed buildings with large parking
area in a strip plaza development, few
pedestrian amenities, a general lack
of landscaping, and limited
architectural style or detailing. Large
building masses and vehicular-
oriented development styles ranked
particularly low.
Design Standards
improve some of the
visual aspects that
residents rate most
highly for commercial
development.
No negative environmental impacts.
9
Comprehensive Plan Objective Town Action through
Zoning
Environmental Impacts
APPENDIX 4: COMMUNITY
CHARACTER SURVEY RESULTS (page
160): Building size
Based on survey
results in the
Community
Character Survey,
which indicated large
box style buildings
were in the lowest
end of “desirability”,
the Town is limiting
the size of future
buildings to the size
of the largest existing
building footprint of
20,000 ft2 for
agricultural purposes
and in general 5,000
ft2 for non-
agricultural buildings
in the Ag/Rural Zone.
No negative environmental impacts. Will protect
the existing “rural character” of the town as
indicated in the Community Character Survey.
APPENDIX 4: COMMUNITY
CHARACTER SURVEY RESULTS (page
160): Parking design standards
Based on survey
results in the
Community
Character Survey,
which indicated large
parking lots in the
front of buildings
were in the lowest
end of “desirability”,
the Town is limiting
parking for
commercial purposes
to the side and back
of buildings.
No negative environmental impacts. Will protect
the existing “rural character” of the town as
indicated in the Community Character Survey.
APPENDIX 4: COMMUNITY
CHARACTER SURVEY RESULTS (page
160): Sign design standards
Based on survey
results in the
Community
Character Survey,
which indicated a
preference for
certain sign designs,
the Town is limiting
certain aspects of
new signs.
No negative environmental impacts. Will protect
the existing “rural character” of the town as
indicated in the Community Character Survey.
10
Agriculture & Farmland
Protection Plan
GOAL
TOWN ACTION ENVIRONMENTAL IMPACTS
4.2.4A The Town should have a Right-
to-Farm clause for any zoning
district where agriculture is a
permitted use.
A Right-to-Farm clause
continues to exist as it has
since 2007. (Chapter 212 §212-
24 “Right to Farm”)
No negative environmental impacts.
4.2.4B Subdivision Review (rated
high): Encourage developers
to identify important
farmlands and other key
environmental features
including those that would
affect water quality and
viewsheds at the beginning of
the design process, and then
design a residential
subdivision in harmony with
those resources to the extent
practical
The AFPP Committee identified
important farms and included it
in the AFPP. The Town now
also has a Natural Resources
Inventory developed by Cornell
Cooperative Extension. Both
will be used as reference during
the planning process for
developments.
.
No negative environmental impacts.
Action helps preserve farmland and open
space.
4.2.4B Subdivision Review (rated
high):Employ best practices in
subdivision/site design
including the following:
vegetated buffers adjacent to
streams and wetlands;
vegetated buffers between
farms and residences to
minimize potential conflicts
between residential
communities and farming
activities;
Updated Zoning § 212-124
to require 100-foot setback
from Trumansburg and
Taughannock Creeks.
No negative environmental impacts.
Action helps preserve farmland and open
space.
4.2.4L Site Plan Review (rated high).
Develop site plan review
procedures for confined
animal feedlot operations
(CAFO’s) as defined by the US
-Design Standards proposed
for Confined Animal Feeding
Operations (CAFO) which
apply regardless of how that
use is classified (Site Plan
CAFOs themselves can have a negative
effect on the health, safety and welfare of
residents if Best Management Practices
are not followed, but this is regulated by
the NYS Department of Agriculture and
the NYS Department of Environmental
11
Agriculture & Farmland
Protection Plan
GOAL
TOWN ACTION ENVIRONMENTAL IMPACTS
EPA or the NYS DEC. Review, Special Permit, etc.) Conservation.
Ulysses CAFO Design Standards will help
to protect residents and water quality
from undesirable side effects known to be
associated with some CAFOs (see separate
section on CAFOs below) to the extent
allowed by the state.
4.2.4K Expand or enhance the Town’s
cluster development
regulations
Cluster Subdivision is in the
proposed new zoning
regulations.
No negative environmental impacts.
Action helps preserve farmland and open
space.
4.2.4i Develop Site Plan Review
procedures for confined
animal feedlot operations
(CAFO’s) as defined by the US
EPA or the New York State
DEC
CAFOs remain allowed in the
zoning under Special Permit.
CAFOs themselves can have a negative
effect on the health, safety and welfare of
residents if Best Management Practices
are not followed, but this is regulated by
the NYS Department of Agriculture and
the NYS Department of Environmental
Conservation.
Ulysses CAFO Design Standards will help
to protect residents and water quality
from undesirable side effects known to be
associated with some CAFOs (see separate
section on CAFOs below) to the extent
allowed by the state.
Append
ix D of
AFPP
Expand Purpose Statement for
Article V, §212-23-A/R Zone to
focus on the contribution of
agriculture. Specifically, add
“Furthermore, this zoning is
designed to preserve the
existing agricultural
operations that flourish on our
town-wide excellent soils and
to promote the establishment
of new agricultural enterprises
to assure the continuation of
the rural nature of the town.”
The Purpose Statement has
been updated and expanded
based on input from the
Agriculture and Farmland
Protection Plan and
comments from the
Agriculture Committee. The
purpose emphasizes
agricultural uses as primary
uses in the zone.
The specific sentence
recommended in the AFPP
was added to the Purpose
Statement but the words
“town-wide” were removed
due to a comment from a
No negative environmental impacts
12
Agriculture & Farmland
Protection Plan
GOAL
TOWN ACTION ENVIRONMENTAL IMPACTS
member of the Agricultural
Committee.
Append
ix D of
AFPP
Change “District” to “Zone” The title of Article V--the
A/R-Agriculture/Rural
Zone—is, under the 2013
Zoning called A1-Agricultural
District. The word “District”
causes confusion with the
State-certified agricultural
district designation
associated with NYS
Agriculture and Markets
Law. The Zoning Update
Steering Committee
recommended a name
change to A/R-
Agricultural/Rural Zone.
No negative environmental impacts
Append
ix D of
AFPP
Expand uses in the A/R Zone
to expand profitability of
farms.
The proposed zoning offers
a number of ways for farm
operations to be more
profitable including a
liberalized list of allowed
value-added uses including
agritourism uses, cideries,
distilleries, wineries,
nurseries and greenhouses,
lawn and landscaping
services, and restaurants
selling farm-produced
products. Also added is an
expanded definition and
allowance of Agriculture-
Related Commerce.
The expanded uses are not expected
to have a negative environmental
impact because most are subject to
site plan review which will mitigate
potential problems. This action
supports expanded agricultural
opportunities.
Append
ix D of
AFPP
Streams leading to Cayuga
Lake should not carry polluting
material or sediment in their
downstream flow. The AFPP
The 2013 update of the
zoning added stream
setbacks of 50’. This update
increases stream setbacks
Setbacks from streams will have no
negative environmental impact and
are put in place to preserve and
improve water quality.
13
Agriculture & Farmland
Protection Plan
GOAL
TOWN ACTION ENVIRONMENTAL IMPACTS
recommended adding, “No
buildings, other structures, or
parking areas shall be located
within 50
feet of a stream or wetland.”
on Trumansburg and
Taughannock Creeks to 100’.
Wetland setbacks include
any current or future local
wetlands maps.
Append
ix D of
AFPP
The smaller the minimum lot
size required, the less acreage
is removed from agricultural
activity.
The recommendation was to
allow lot size to be as small
as one acre in the A/R zone,
reduced from 2 acres. The
original ZUSC recommended
1-acre minimums, but the
expanded ZUSC voted to
maintain the 2-acre
minimum.
No negative environmental impact.
The 2-acre minimum is the same size
as previous zoning since at least 2005.
Append
ix D of
AFPP
There are multiple sections of
Appendix D of the AFPP that
recommend expanding
specific agricultural related
types of commerce
The proposed zoning adds a
number of commercial types
of agricultural-related types
of businesses such as
cideries, wineries, landscape
businesses, greenhouses,
etc.
The expanded uses are not expected
to have a negative environmental
impact because most are subject to
site plan review which will mitigate
potential problems. This action
supports expanded agricultural
opportunities.
Append
ix D of
AFPP
Development activities should
not impair
drainage from fields up-grade
from the parcel to be
developed by destroying
drainage tile or pipe in the
parcel proposed for
development.
Added to § 212-19.C.2.g
under Site Plan Review,
Procedures, the
recommended sentence of:
Location of all existing
streams, drainage-ways,
water bodies, wetlands and
underground agricultural
drain tile and piping
No negative environmental impact.
Append
ix D2 of
AFPP
Require applicants to identify
and locate critical farmlands or
prime agricultural soils in
relation to their project during
the application process.
An Ag Data Statement is
already required in the
zoning.
No negative environmental impact.
Already a requirement.
14
Agriculture & Farmland
Protection Plan
GOAL
TOWN ACTION ENVIRONMENTAL IMPACTS
Append
ix D2 of
AFPP
The Zoning Map should be
modified to reflect the
boundaries of the future land
use Agricultural Priority Area.
This includes extending the
boundaries of the existing
Agricultural area to reflect
areas the community
identified as important
agricultural lands during the
Comprehensive Planning
Process.
The A/R zone in the
proposed zoning map
reflects the Agricultural
Priority Area in the Future
Land Use Map
No negative environmental impact.
Moved: Mr. Devokaitis Seconded: Ms. Olson
Discussion: Ms. Sokoni stated that all local laws require a SEQRA as an explanation for new
town board members who may not be familiar with the process.
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 8/11/2020
APPROVING ADOPTION OF A LOCAL LAW AMENDING ULYSSES ZONING LAW REGARDING LAKESHORE
AND CONSERVATION ZONES
RESOLUTION 2020-159: APPROVING ADOPTION OF LOCAL LAW 1 of 2020, A LOCAL LAW
AMENDING ULYSSES ZONING LAW REGARDING LAKESHORE AND CONSERVATION ZONES
15
WHEREAS, the Town Board of the Town of Ulysses (Town Board) enacted Local Law No. 3
of 2019 on December 10, 2019, which law was filed with the New York State Secretary of
State on December 16, 2019, which local law repealed in its entirety the Town of Ulysses
Zoning Law adopted by Local Law No. 3 of 2013, amended from time to time, and codified
as Chapter 212 of the Laws of the Town of Ulysses, and in its place adopted a new zoning
law, and
WHEREAS, when adopting the Zoning Law on December 10, 2019 by Resolution 2019-211
several members of the Town Board wanted to re-visit the law in 2020 based on feedback
from the Public Hearing held November 18, 2019 and
WHEREAS, the Town Board wished to consider alternative strategies that balance its
environmental stewardship responsibilities with the property rights of landowners when
protecting steep slopes and Unique Natural Areas in the Lakeshore and Conservation zone
rather than a zone-wide limit of 2000sq ft footprint, and
WHEREAS, the Ulysses Town Planning Board reconsidered relevant sections of the law
related to the lot limits and site plan review requirements of the Lakeshore and
Conservation Zones and transmitted their recommendations including proposed changes
to the current zoning along with their rationale to the Town Board on April 28, 2020
through Planning Board Resolution Numbers 1 of 2020 and 2 of 2020, and
WHEREAS, the Ulysses Town Board accepted the Planning Board recommendations and
held a Public Information Session for all interested residents on Tuesday, June 16, 2020 to
explain the proposal and invite questions and comments and received written and verbal
comments before and after the session and,
WHEREAS, on June 23, 2020 the Ulysses Town Board discussed the comments received
from residents in support of and opposed to the proposed Local Law #1 of 2020
AMENDING TOWN OF ULYSSES ZONING LAW REGARDING LAKESHORE AND
CONSERVATION ZONES, and
WHEREAS, Municipal Home Rule Law §20(5) requires that a public hearing be held before
a local law is adopted by the Town Board, which public hearing must be held upon the
publication of at least ten days’ notice in the Town’s official newspaper; and
16
WHEREAS, on July 14, 2020 the Town Board adopted draft language of the proposed
amendments to the zoning law and scheduled a public hearing for August 11, 2020 and
WHEREAS, Town Law §264(4) also requires that a public hearing be held prior to adopting
(or amending) zoning regulations, and
WHEREAS, Town Law §265(2) requires that amendments made to any zoning
law(excluding any map incorporated therein) shall be entered in the minutes of the town
board; such minutes shall describe and refer to any map adopted in connection with such
change, amendment or supplement and a copy, summary or abstract thereof (exclusive of
any map incorporated therein) shall be published once in a newspaper published in the
town, if any, or in such newspaper published in the county in which such town may be
located having a circulation in such town, as the town board may designate, and affidavits
of the publication thereof shall be filed with the town clerk, and
WHEREAS, the Tompkins County Planning Department sent the Town a letter dated July
27, 2020, pursuant to N.Y. General Municipal Law §239-l, -m and -n, opining that the
proposed zoning amendments to the Ulysses Zoning Law pose no inter-community or
county-wide impacts, and
WHEREAS, on June 23, 2020 the Town Board determined that the action is a Type I action
under 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA), and by
Resolution Number 2020-137 declared itself Lead Agency for the purpose of conducting an
uncoordinated environmental review in connection with approval by the Town; and
WHEREAS, the Town Board on August 11th 2020, made a Negative Declaration of
Environmental Significance, and
WHEREAS, due to the Corona Virus/COVID-19 pandemic, the Governor of the State of New
York has authorized municipalities to conduct certain public hearings and meetings by
virtual means in order to ensure the public health and safety, and
WHEREAS, a public hearing was held via Zoom on the 11th day of August, 2020 following
publication of legal notices by the Town Clerk and service of notice on all persons and
entities entitled to notice by law, at which hearing all interested persons had the
opportunity to be heard on this law, and
NOW THEREFORE, BE IT RESOLVED, that the attached local law, the full text of which the
Town Clerk is hereby directed to reproduce in the minutes hereof, is adopted as law, and
that the said Local Law be filed with the Secretary of State.
17
Moved: Mr. Devokaitis Seconded: Ms. Olson
Discussion: Ms. Sokoni noted that this would be the time for public comment.
Ms. Zahler pointed out that the changes in this amendment will allow quite a bit of
flexibility for residents. An accessory dwelling unit of 1200 square feet could be attached
to a 3500 square footprint main dwelling unit, and main dwelling units could have
additional floors for added usable square footage. Mr. Goldman asked Mr. Zepko for a
clarification – can an accessory dwelling unit be attached to a main dwelling unit, in
essence creating a building with a 4700 square foot footprint? Mr. Zepko stated that yes,
the units could be attached but the accessory dwelling unit would need to be a stand-
alone, livable unit with its own entrance, kitchen and bathroom. Mr. Goldman asked
other board members if this was their understanding of an accessory dwelling unit. Ms.
Olson reminded Mr. Goldman that the board had previously discussed an accessory
dwelling unit could be above an attached garage. Ms. Olson feels that accessory dwelling
units should not be eliminated from lake shore and conservation zone if they are allowed
in the other areas of the town.
Ms. Sokoni read the definition of a “building footprint” from the proposed zoning
amendment for clarification.
The area of a lot or site included within the surrounding exterior walls of a building
or portion of a building, exclusive of courtyards. In the absence of surrounding exterior
walls, the building footprint shall be the area under the horizontal projection of the roof. It
includes garages, carports and porches open at the sides but roofed, and accessory
structures if attached to the primary residence, but not trellises, patios, and unroofed areas
of porch, deck, and balcony. Accessory Dwelling Units attached to a primary residence shall
not he considered a part of the primary residence’s footprint.
Mr Boggs asked if building size would still be limited by maximum allowable lot coverage.
Ms. Zahler stated that yes, there was a 5% maximum lot coverage. Ms. Zahler also
reminded the board that projects would be subject to site plan review, which would help
protect environmentally sensitive areas.
Ms. Zahler noted that the options before the board are to vote tonight, delay a vote, or
make substantial changes to the proposed law which would start the process over.
Mr. Goldman wanted to be clear that essentially the amendment would allow a 4700
square foot footprint. Mr. Devokaitis added that yes, as long at the 1200 square foot
accessory dwelling unit portion of that meets certain criteria. Mr. Devokaitis added that if
the town board was comfortable with the accessory dwelling unit built just a foot away
from the main dwelling unit, there is not much difference if the units are attached. Mr.
Goldman agreed.
18
Ms. Olson said she doesn’t want to create laws that to incentivize asking forgiveness
instead of permission. The flexibility of this amendment allows residents to build a variety
of configurations. If accessory dwelling units are allowed in other areas of the town, they
should be allowed in these zones as well.
Ms. Liddle wanted to confirm that this amendment affects both the Lake Shore and the
Conservation zones. She will bring the accessory dwelling unit definition to the attention
of the Planning Board. Ms. Zahler explained that when all zones were rezoned they all had
accessory dwelling units allowed, but in the Lakeshore and Conservation zones, there was
not a corresponding decrease in the number of principal dwelling units. This amendment
corrects that oversight.
ROLL CALL VOTE:
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 8/11/2020
Ms. Zahler thanked town staff, the town board, the town attorney and the planning board
for their work on the zoning amendment.
BUDGET UPDATES
Ms. Zahler noted that at the last town board meeting, the board adopted a policy of reserve
funds. Tonight, Ms. Wright will go over the current reserve funds. Then at future meetings the
town board will consider a series of resolutions re-establishing reserves. (SEE APPENDIX IV)
Ms. Wright met with Ms. Sokoni and the town’s main auditor at Insero. Both Insero and the State
Comptoller suggest re-establishing reserves through Town Board Resolution. Some reserve funds
need permissive referendums at the time of creation and others do not. Ms. Wright asked board
members if there were questions about the document or about the reserve funds. Ms. Olson
asked how Ms. Wright arrived at the reserve documentation. Ms. Wright has read through
Comptroller guidance on reserve fund creation and Ms. Koski has found historical documentation
of reserve creation and discussion from past town board minutes.
19
Ms. Sokoni had issued a memo to the board regarding section 6c of General Municipal Law. This
section allows boards set aside funds for specific expenses or items (i.e. – snow plow, permissive
referendum is required at creation of fund). For types of expenses (i.e. building renovations – no
permissive referendum is required until money is spent from fund). Ms. Sokoni has been working
with Ms. Wright on reserve documentation and agrees that if the original documentation that
shows the creation of reserve funds cannot be found, then re-establishing those reserve funds is
the best way forward.
Ms. Zahler reminded the board of a Special Town Board Meeting via zoom to further discuss the
budget on Thursday 8/13 at 8am.
TOWN REPORTS:
Mark Devokaitis: attended village board meeting last night. Village expects to end their year with
a surplus, and will reinstate the pay raises they had previously rescinded. The village is being
conservative with spending. Mr. Devokaitis asked the village for shared decision making around
fire and EMS spending for the coming year. The police department is looking at adding body
cameras to their officers.
Ms. Sokoni left the meeting at this time.
Ms. Olson: Youth commission met a week ago to decide on fall programming. Ethan Crampton
gave an update on the outdoor summer activities he has been able to hold. Students in the
Trumansburg district will be attending in person classes two days a week and learning remotely
the balance of the week, or have the option of all-remote learning. The commission is looking at
incentivizing outdoor activities for youth. There was no BZA meeting last month. The youth
commission will be asking for funding from the town but is trying to keep its budget flat for the
coming year.
Ms. Zahler noted that the Fire and EMS meeting is set for September 10 at 6pm.
Mr. Boggs: attended the socially distanced annual fire department meeting. Jason Fulton was
honored for his 16 years of service and Mr. Boggs was able to present Mr. Fulton with a certificate
of appreciation from the Town Board. Lucas Albertsman (fire inspector for the town) has also
been hired by the village also. Water – doing homework on the water district in preparation for an
upcoming water district meeting. LED light replacement – still working on this project and will
keep moving forward.
Mr. Goldman: Planning board has been approving subdivisions, nothing out of the ordinary. The
Consortium will be meeting at the end of August where he hopes to get some clarity on health
insurance for the coming year.
20
Ms. Wright: Capital projects: aerator – working with contractor that requires Woman and
Minority Owned Business requirement. Seeking a waiver for this requirement as so much of this
project is equipment based. HVAC project: on site installation of duct work and low voltage wiring
is occurring, contractors are reviewing punch list that came out of the electrical inspection.
Second condenser was tested. Cemetery road bridge was red flagged after a recent inspection,
now is posted with a 14 ton limit – highway department has been notified.
Ms. Olson asked Ms. Wright and Mr. Goldman about COVID testing under the town’s health plans.
Ms. Wright will follow up with Ms. Parlato who was looking into that.
Mr. Boggs asked Ms. Wright to explain financial details of the capital projects. Aerator (HA fund)
– a new fund created with the 2020 budget. Aerator installation is funded by a WIIA grant. What
is not funded by the grant will be funded by an inter-fund loan from the DA Bridge fund. This is a 3
year loan , at the rate of $17,000 a year as repayment. Municipal Solutions has been advising on
the inter-fund loan and on helping to receive reimbursements.
HVAC – NYSERDA Grant. Project needs to be closed out when contractors are done and after Mr.
Boggs installs LED bulbs in Town Hall. Ms. Wright hopes to get reimbursed by the end of the year.
Bridge – this is a federal grant which is 95% funded by the federal government, 5% funded by the
county. A fund loaned the HB fund $20,000 as seed money for the project. There will be an inter-
fund loan to pay that back to the HB fund.
Ms. Zahler shared that Mr. Washburn, the new code enforcement officer and building inspector,
just passed the third portion of his training. Comparing building permits year over year, there are
4 times more value being generated on building permits this year. Ms. Zahler is pleased with the
work he’s been doing.
Ms. Zahler also shared that Mr. Zepko has been tracking the number of new lots that are being
developed. From April-July 2020, there were new lots that have been created. Mr. Zepko is also
working on closing out the NYSERDA zoning grant – the town has roughly $4000 coming from
NYSERDA when that grant is closed out.
Ms. Zahler sent letters to TC Sherriff and village police thanking them for their efforts in police
reform. Sherriff Osborne sent a letter of thanks and Ms. Zahler will share this with the board.
NEW BUSINESS:
21
WATER QUALITY PROJECTS RECOMMENDED TO THE CAYUGA WATERSHED INTERMUNICPAL
ORGANIZATIONS
Elizabeth Thomas and Roxanne Marino have been working with the Intermuniciapl
Organization (IO) on the Town’s behalf. Ms. Zahler has learned that the IO is looking for
specific project requests for funding. The board should identify projects that would benefit
the town and propose those to the IO. Project to consider include:
Ditch remediation strategies and resources to slow nutrient rich runoff from farm fields
and field tiles through ditches along Town of Ulysses and County roads, with particular
concern related to flash flooding along Glenwood Heights, at the Yacht Club and along the
Black Diamond trail.
Assistance in exploring a town drainage local law that would prevent landowners from
changing the location of the outflow of drainage from their land.
Intermunicipal advocacy with the Tompkins County Department of Health for a
countywide septic system inspection program (or a pilot project in Ulysses).
Initiatives that can focus on improving the quality of well water.
Ms. Olson noted that the planning board has been working on recommendations for drain tiling,
which Mr. Zepko noted is under the purview of NYS Ag and Markets. Ms. Olson recommends that
Mr. Zepko be included in discussion of any town action on drainage permitting. Ms. Olson noted
that Ithaca has taken action that requires sites to keep runoff on premises and the town can
consider something similar. Ms. Olson and Mr. Goldman are concerned about well water quality
and would like to pursue this issue. Mr. Devokaitis feels that septic inspection is an important
issue for lake water quality. Ms. Zahler shared that Cayuga County has a countywide septic
inspection program that can be a model for our county. Mr. Boggs reminded the board that Ms.
Thomas and Ms. Marino are condensing a list of projects that the board can then consider. Mr.
Devokaitis would be willing to work on this project, as would Ms. Olson. Mr. Devokaitis wonders if
there are opportunities for water study or water control along the Black Diamond trail.
APPROVAL OF MINUTES
RESOLUTION 2020-160: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes the 7/28/20 Regular Town
Board Meeting.
Moved: Ms. Olson Seconded: Mr. Boggs
Ms. Zahler aye
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Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 8/11/2020
APPROVAL OF CLAIMS
RESOLUTION 2020-161: APPROVAL OF CLAIMS
RESOLVED that the Ulysses Town Board has reviewed and approved the following claims:
• HA fund vouchers #19-20 in the amount of $7,317.75
• HB fund voucher #8-9 in the amount of $7,100.43
• A-SW funds vouchers #312-351 in the amount of $59,216.17
Moved: Mr. Devokaitis Seconded: Mr. Boggs
Ms. Zahler aye
Ms. Olson aye
Mr. Boggs aye
Mr. Goldman aye
Mr. Devokaitis aye
Vote: 5-0
Date Adopted: 8/11/2020
PRIVILEGE OF THE FLOOR:
Mr. Houghton asked the board if there would be an opportunity for public feedback during
the upcoming budget meetings. Mr. Houghton would be interested in giving input
regarding the highway department. Ms. Zahler feels that public involvement early on is
valuable and the board will discuss this at the STB meeting on Thursday August 13th.
Ms. Koreman confirmed that there is a free NYS COVID testing site in Binghamton and will
ask the county health department to put a link on their website.
Mr. Mcann thanked the board, Ms. Liddle and Mr. Zepko for their work on the zoning
amendment.
ADJOURN:
Mr. Goldman moved to adjourn the meeting at 9:03pm. This was seconded by Ms. Olson and
passed unanimously.
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Respectfully submitted by Sarah Koski on 8/18/20.
APPENDIX I:
TOWN REPORTS:
Nancy Zahler, Town Supervisor:
Supervisor’s Report Nancy Zahler July 29-August 10, 2020
Budget
• Worked with Michelle Wright, attorney Khandi Sokoni and Duane Schoen our accountant
to follow up on 7/28 TB questions related to re-establishment of additional reserve funds.
Michelle has prepared an outline of all reserve funds, current balances, and notes to
indicate which ones need to be re-established. The outline will be reviewed on 8/11 and
the actual resolutions will come on August 25, 2020.
• Working with Michelle to prepare information for August 13th meeting to help the Town
Board and staff prepare for 2021 budgeting.
• Participating in short and long-term planning and budgeting Water District #3.
o Carissa and Michael are tracking water losses in the system to prepare for
reconciliation with the Town of Ithaca. Nancy and Carissa will follow up with the
Town of Ithaca to re-start annual reconciliation meetings.
o Carissa and Michael are reviewing water loss records and costs and the work group
is considering how to charge a more accurate cost for projected loss to users:
either through the Operations and Maintenance budget on the annual bill or
through an increased water rate billed quarterly.
o Michael, Chris and Nancy took steps to change our water testing sites to increase
frequency at fewer locations. Hydrant #60 which is what the Health Department
monitors for TTHMs will continue to be tested. More frequent testing may help us
lower our rolling average and expedite compliance with the Health Department’s
requirements.
o On Wed. August 5th, Chris Stevenson announced his intention to step away from
Water Operator duties to work full-time for the Highway Department. A meeting
has been scheduled for August 12th to determine how to manage immediate, short
term and longer term water operation duties.
Staffing/Union
• Union members in Highway were scheduled to meet with their Teamster representative
on 8/10/20.
24
• Once that meeting takes place, negotiations to renew or update a one-year contract will
begin.
• Followed up with Tompkins County Human Resources to review appointment and exam
issues with re: John Zepko and possible options to be discussed on August 19 Executive
Session.
• Routinely checking in with Mark Washburn who has completed 3 certification courses
successfully
• Bi-weekly zoom staff meetings continue to update staff and provide support.
Recreation
• Director Will Glennon prepared the attached report for the Youth Commission on August
4th. The first modified tennis program ran well last week. We developed a contract
agreement to use with the instructors of this and future programs.
Justice and Equity
• Sent follow up letters as agreed to Tompkins County Sheriff and Village Police Department.
• Received an appreciative note back from Sheriff Osborn.
Technology Infrastructure:
• Met with Rene Carver to plan for incorporating zoom participation when in-person
meetings resume.
• Jeff Burns, the Town’s computer support consultant upgraded the Town’s server by adding
memory to handle current and future capacity.
• We are arranging a meeting with the County’s IT director for consultation on our email
and web platforms to assure security and more efficient access.
• Mark Washburn has improved record-keeping using the new tablet. New forms are
coming soon.
Jacksonville Community Association
• Met with President Pete Angie and the Board of Directors re: how to access town funds for
next phases of restroom installation: water hook up and installation of waste system and
pad for restroom building.
Habitat Nature Preserve
• Met with the Advisory Committee to follow up on use of the Habitat by families
participating in the Library’s first story walk. It was quite successful and not disruptive to
residents. A form for future requests is being developed.
25
• The group approved language for a marker that would explain how the Town obtained the
Habitat, recognizing Supervisor Liz Thomas’ leadership. A marker will be printed on
durable metal and posted at the entry to the trail.
COVID
• Building Re-opening underway and logistics are being tweaked to assure pubic access,
staff and public safety and efficient flow through the buildings.
• Facilitated bi-weekly community leaders COVID call.
• Participated in County’s bi-weekly call.
• Reached out to TCCOG to arrange access for Health Department resource to attend in
August.
• Bi-weekly calls with Supervisors to review budget impacts, plans, and re-opening
strategies.
Responded to resident questions and concerns:
• Researched status of noise ordinance in our zoning in response to concerns re: weddings
at the Inn at Taughannock.
• Mark Washburn visited the Inn at Taughannock to make sure construction was following
approved plans and his findings were reported back to the concerned resident.
• Water District 3 user had questions about hydrant flushing and testing and Michael Boggs
agreed to follow up.
• Provided information on zoning process to a resident concerned about the Town Board
plans.
External meetings and networking
• Participated on County Census Complete Count Committee and shared information with
TCCOG
• Sent a list serve notice reminding residents to complete the census, especially those with
PO Boxes
• Worked with Liz Thomas and Roxanne Marino on Watershed IO projects list for review on
8/11.
• Mark Washburn has developed a relationship with the Tburg Fire Department and
attended a training burn of a barn on Rice Road at the owner’s request.
• Arranged for the Town of Ithaca to have Martin Kelly, their electrical inspector, inspect our
HVAC project as it comes to conclusion.
• Provided information to Town of Caroline re: Town Hall landscaping changes to manage
runoff.
• Networking call with Ben Carver re: Village relations and youth program.
26
Michelle Wright, 2nd Deputy Supervisor:
Work done between: 7/13 – 8/7/2020
Emergency Related
• Weekly standing meetings have slowed down and have become bi-weekly.
• Sanitization of Town Hall when last in building for day.
• Communications pertaining to NYS executive orders and related action items.
• Maintaining communication with FEMA/NYS DHSES
o Contact with NYS DHSES manager
o Attended required webinar
• Special Projects
o Next round of ROOP development
Internal and external communications pertaining to use of Town Hall
o Communications with County DOER
Obtained touchless thermometer for Town Hall
o Work with Clerk’s Office: sanitation supplies and signage for Town Hall
Active Grant Updates
• NYSERDA Heat Pump Grant
o Internal Activities: on-going site support and weekly meetings regarding
installation, other coordination with contractor, working committee
meeting.
o Engineer Update: approval of second pay application paid in July.
o Timeline update: Unfortunately, due to the fact that Interstate is understaffed
and have been trying to hire (to no avail), along with the on-going emergency
and with a hot start to the summer, Interstate is estimating that construction
will be complete by the second week of August.
• Cemetery Road Bridge over Trumansburg Creek (NYSDOT funded
with FHWA money, Barton & Loguidice Engineers)
o Internal activities:
Reimbursement pay application submitted.
Funding update via the Ithaca-Tompkins County Transportation Council
(ITCTC): projects with federal funding are encouraged to keep their
27
projects on time and moving forward.
o Engineer Update:
• “We are continuing with our final design/contract drawing efforts
and that is on track. We are continuing the coordination with
NYSDOT on the ROW front (they have comments/our surveyor
responds or makes revisions, etc.). Utility relocations are also in
the works, but we have some time on that.”
• After a recent inspection, the Cemetery Road bridge received a
red flag (which went to the County) due to the corrosion of the
steel girders. Signs have been posted on that bridge for a 14
ton limit.
o Project Timeline:
When What Status
September 2018 Project Awarded Bridge NY Funding Complete
October 2018 Project Added to STIP/TIP Complete
January 2019 State-Local Agreement Executed Complete
January 2019 Design Consultant Contract Executed Complete
January 2020 Design sent to NYSDOT for review Complete
March 2, 2020 Public Meeting Meeting held 3/2
January 2021 ROW Acquisition Completed NYS will conduct, this is in
process
January 2021 PS&E Approved by County & State
February 2021 Project Letting
June 2021 Begin Construction
October 2021 Complete Construction
• WD #3 WIIA Grant (EFC funded, MRB Engineers)
o Verbal update at Town Board meeting based on scheduled 8/10 phone
conversation with MRB
o Internal activities:
Internal financing work.
Pre-construction meeting along with execution of contract.
o Revised Project Timeline:
Advertise to Town 5/21/20
Plans and Specs Available for Bidders 5/26/20
Pre-bid Meeting 6/2/20
Bid Opening 6/19/20
Provide Bid Tabulation & Summary of Bids to Town TBD
Board Meeting to Award Contracts 6/23/20
28
Start of Construction August 2020
Substantial Completion of Construction (91 days) 10/27/20
Final Completion of Construction (30 days) 11/27/20
Other Work
Transportation Council Updates
Notes from meeting on 7/21/2020
• Lime bike service ended and there is a county committee researching marketing analysis
for City of Ithaca to bring bike share back to the community. Data for two years, report
being put together. Used it intensely.
• NYSDOT will move to new their facility by the end of this year. Tim Louge working with
OGS on getting permanent easement due to water from trail, auction possible on the
property spring of next year.
• Sidewalks being installed from Aurora Street to Ithaca College.
• College move in dates: around August 23rdplan is to test them all and put them in
quarantine until tests come back. Student testing site on campus can test 2,000 per
week.
• Inter-city bus stop: most city-to-city operators are back up and running. Still anticipate
two lanes at Green Street, determining with DOT and applicant if it can operate at the
current location in front of Urban Outfitters. Committee working on it which includes
DIA, alternative locations being evaluated.
• The recording of the meeting can be
found here:
Topic: ITCTC Planning Committee
Date: Jul 21, 2020 09:43 AM Eastern Time (US and Canada)
https://us02web.zoom.us/rec/share/yMhrDoms_H1Je5XM9XDScYAHN6vgX6a82
nUbr6FfykZnqmKAPFFL kFRwmCAxNLe_ Password: p8A&Gzb0
Curry Road Structure Replacement
We should start thinking about getting a quote for this project in anticipation of a quick
turnaround time for funding application submission.
29
Intending to engage ITCTC regarding ways in which to prepare for funding applications for
this structure: CULVERT-NY and if letters of support should be sought in anticipation of an
application.
I am leaving this item in the report as a place marker until we find funding and get this structure
replaced.
Other Financially Related & Bookkeeper Supervision
• Communications with the firm that does our GASB 75 actuary reporting
o For posterity’s sake, a note that this service is conducted through the Consortium.
• Reserve reestablishment project.
• COVID budget on-going YTD analysis.
o Individual meetings with departments to assess COVID budget cuts and
introductions to 2021 budgeting process.
• Reserve use for 2020 budget plan development and related communications.
• On-going supervision of closing monthly financial books, corrections and other over sight.
• Payroll supervision.
• On-going review of expenditures, vouchering process.
• 2021 budget prep activities.
o Historic fund balance use document creation
Water District 3
• Regular meetings regarding a variety of aspects: budgeting, reconciliation, operations,
testing, etc.
Meetings and Trainings
• 7/13/2020: County-wide Hazard Mitigation Meeting
• 7/29/2020
o NYSOSC Local Sales Tax: Trends and Sharing Agreements
Notes and slides from this webinar distributed to Town Board
Upcoming
• Budget season has begun: the creation of the 2021 budget will translate into the
majority of work on a weekly basis through budget adoption.
• Close out work related to HVAC project: LED and insulation work post HVAC installation
30
and testing.
• Ongoing work with 2020 budget redesign
• WIIA grant HA fund work related to construction
John Zepko, Town Planner:
Planning & Zoning Updates
John Zepko, Environmental Planner, CPESC,
CFM Reporting Period 1 July – 31 July 2020
Planning Board
7 July meeting
21 July meeting
Board of Zoning Appeals
No meeting in July
Planner Activity
• Cleaner Greener Grant (39053) - Responded to comments from NYSERDA on Draft
Final Report and Project Benefit Metric Report. Submitted quarterly report for the
time period of Q4 – 2017 to Q4-2019. Waiting on review of materials from NYSERDA
Project Manager
• 13 July – Attended Tompkins County Resiliency Plan - Planning Partnership meeting
• 14 July – Attended Town Board meeting to discuss amending the max building
footprint in LS and CZ zones
• 21 July – met w/ Supervisor Zahler & Deputy Supervisor Wright to discuss 2021 budgeting
process
• 28 July - Attended Town Board meeting to discuss amending the max building
footprint in LS and CZ zones
Zoning Enforcement
• Conducted site visit of 1149 Taughannock Blvd to ensure compliance with site plan
31
approval and environmental protections. Project is in compliance with Town of
Ulysses approvals and permits.
• Conducted site visit of Inn at Taughannock to ensure compliance with site plan
approvals. Project is in conformance with Town of Ulysses approvals and permits.
Hazard Mitigation Plan
Staff is coordinating to complete portions of the Town of Ulysses annex of the Tompkins County
Multi- Jurisdictional All Hazard Mitigation Plan. Historic information pertaining to the number
of homes built, the number of homes built in a flood plain, as well information regarding
historic emergencies/weather events, as and the Town’s current ability to respond to future
emergencies has been gathered. Meetings with the project consultant (TetraTech) have
occurred and a meeting of the stakeholders (Tompkins County communities and partners) has
been scheduled for late August.
Board Activity 2020
Planning Board
Date
Parcel
Property Address
Project
# New Lots
4/23/2020
22.-5-18
Waterburg Rd
Lot Line Adjustment
0
5/5/2020 23.-3-6 5410 Pine Ridge Rd Minor Sub 1
6/2/2020 22.-5-6.2 Lyke Rd Minor Sub 1
6/3/2020 34.-3-24.3 4398 Iradell Rd Lot Line Adjustment 0
6/28/2020 12.-3-4 4031 South St Lot Line Adjustment 0
7/2/2020 20.-4-1.2 4225 Cold Springs Lot Line Adjustment 0
7/2/2020 19.-1-7.1 2112 Agard Rd Lot Line Adjustment 0
7/7/2020 18.-4-33 2107 Houghton Rd Minor Sub 1
7/7/2020 31.-2-8.2 1149 Taughannock Site Plan (res) 0
7/21/2020 12.-4-4 4487 Rabbit Run Major Sub 3
7/21/2020 19.-4-8.2 2101 Agard Rd Minor Sub 1
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8/4/2020 31.-2-6 1153 Taughannock Site Plan (res) 0
8/4/2020 33.-5-3.1 1616 Trumansburg Rd Site Plan (comm) 0
Total New Lots 7
Board of Zoning Appeals
Date
Parcel
Property Address
Variance
6/17/2020 16.-1-16 1617 TaughannockBlvd Area Var
6/17/2020 31.-2-6 1153 Tauhanock Area Var
Scott Stewart, Highway Superintendent:
August Report
IMPROVEMENTS:
Borrowed Bulldozer from Tompkins County Highway and used it to level off our yard outback.
REPAIRS:
T22 Steering Hose
T5 New Brakes
5100E New Tires and Hydraulic Filter
DITCHING:
Van Liew Rd
Lyke Rd
Colegrove Rd
Maplewood Rd
FALLEN TREES:
Perry City Rd
Krums Corners Rd
Lake St
Mark Washburn, Code Enforcement Officer:
Buildings & Code Enforcement Report for July 2020
33
Submitted at august 2020 Town Board Meeting
Building Permits issued 13
Plan Reviews 8
Certificate of Occupancy issued 2
Certificate of Compliance issued 4
Complaints Received 2
Complaints Resolved 1
Inspections (Footers, Foundations, Plumbing, Insulation, roofing,
Pools, Etc.)
4
New Site Inspections 5
Building Review Consultations (pre-plan meetings, Future
Building/Remodeling)
3
Fire Safety Inspections 1
Code Training Seminars 9b and 9c Code
training completed
County Assessment, Town, DOS Reports 1
Open property in violation cases 5
Property violations resolved 2
Value of Permits issued: $811957.00
Building Permit fees collected for month: $3176.00
Respectfully Submitted,
Mark Washburn
Mark Washburn – Building & Fire Code Enforcement Officer
Will Glennon, Recreation Director:
Recreation Update 8/4/20
Tennis Clinic: We have 12 registered participants and the program is running this week
August 3-7.
34
Movie night series: In conjunction with Mark Costa and the TCFA we have been coordinating
an end of summer movie series to be held at the farmers market. The proposed kickoff date is
August 21st. This program will not specifically be youth oriented.
Soccer: I have met with Emily Ouckama, President of Taughannock Soccer Club, about a
partnership with recreation to offer soccer for children ages 4-8. The target start date would be
mid-September for a 6-8 week program.
Cross-Country: I spoke to two of the XC coaches about starting (re-starting) a fall running
program. The coaches are on board to provide assistance. This program would also start
mid-September and would be a 6-8 week program. The ages are TBD, but the target would be
9-12 year olds. There are meets that normally take place in this program at Dryden, Groton,
and Ithaca.
Hiking: I have a person who can provide a hiking program as a 'workshop' and a weekly
weekend program. I am also meeting with the Director of Communications for the Finger Lakes
Trail organization about future programming. The FLT has programs for adults that promotes
group hikes, volunteer trail maintenance, and general environmental advocacy. This could work
out for dual programming (adult/child) moving forward.
Arts: I am meeting with Lily Gershon about offering an art program centered around creating
crankies. If you are unfamiliar with crankies they are fun to make and present. Check out
thecrankiefactory.com to learn more. Mark Costa at TCFA has expressed interest in hosting.
Page 1 of 13
Full Environmental Assessment Form
Part 1 - Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that
must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the
answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information
contained in Part 1is accurate and complete.
A.Project and Applicant/Sponsor Information.
Name of Action or Project:
Project Location (describe, and attach a general location map):
Brief Description of Proposed Action (include purpose or need):
Name of Applicant/Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Project Contact (if not same as sponsor; give name and title/role): Telephone:
E-Mail:
Address:
City/PO:State: Zip Code:
Property Owner (if not same as sponsor): Telephone:
E-Mail:
Address:
City/PO:State: Zip Code:
FEAF 2019
Page 2 of 13
B. Government Approvals
B.Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial
assistance.)
Government Entity If Yes: Identify Agency and Approval(s)
Required
Application Date
(Actual or projected)
a.City Counsel, Town Board, 9 Yes 9 No
or Village Board of Trustees
b. City, Town or Village 9 Yes 9 No
Planning Board or Commission
c.City, Town or 9 Yes 9 No
Village Zoning Board of Appeals
d. Other local agencies 9 Yes 9 No
e. County agencies 9 Yes 9 No
f. Regional agencies 9 Yes 9 No
g. State agencies 9 Yes 9 No
h. Federal agencies 9 Yes 9 No
i. Coastal Resources.
i.Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway?9 Yes 9 No
ii.Is the project site located in a community with an approved Local Waterfront Revitalization Program? 9 Yes 9 No
iii. Is the project site within a Coastal Erosion Hazard Area?9 Yes 9 No
C. Planning and Zoning
C.1. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No
only approval(s) which must be granted to enable the proposed action to proceed?
•If Yes, complete sections C, F and G.
•If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site 9 Yes 9 No
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes 9 No
would be located?
b.Is the site of the proposed action within any local or regional special planning district (for example: Greenway; 9 Yes 9 No
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;
or other?)
If Yes, identify the plan(s):
_______________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 9 Yes 9 No
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Page 3 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance.9 Yes 9 No
If Yes, what is the zoning classification(s) including any applicable overlay district?
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
b. Is the use permitted or allowed by a special or conditional use permit?9 Yes 9 No
c. Is a zoning change requested as part of the proposed action?9 Yes 9 No
If Yes,
i.What is the proposed new zoning for the site? ___________________________________________________________________
C.4. Existing community services.
a. In what school district is the project site located? ________________________________________________________________
b. What police or other public protection forces serve the project site?
_________________________________________________________________________________________________________
c. Which fire protection and emergency medical services serve the project site?
__________________________________________________________________________________________________________
d. What parks serve the project site?
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
D. Project Details
D.1. Proposed and Potential Development
a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all
components)?
_________________________________________________________________________________________________________
b. a. Total acreage of the site of the proposed action?_____________ acres
b. Total acreage to be physically disturbed?_____________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor?_____________ acres
c. Is the proposed action an expansion of an existing project or use?9 Yes 9 No
i.If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % ____________________ Units: ____________________
d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 No
If Yes,
i.Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
________________________________________________________________________________________________________
ii. Is a cluster/conservation layout proposed? 9 Yes 9 No
iii.Number of lots proposed? ________
iv.Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________
9 Yes 9 No
_____ months
_____
_____ month _____ year
e.Will the proposed action be constructed in multiple phases?
i.If No, anticipated period of construction:
ii.If Yes:
•Total number of phases anticipated
•Anticipated commencement date of phase 1 (including demolition)
•Anticipated completion date of final phase _____ month _____year
•Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases: _______________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Page 4 of 13
f. Does the project include new residential uses?9 Yes 9 No
If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family (four or more)
Initial Phase ___________ ___________ ____________ ________________________
At completion
of all phases ___________ ___________ ____________ ________________________
g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No
If Yes,
i. Total number of structures ___________
ii.Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length
iii.Approximate extent of building space to be heated or cooled: ______________________ square feet
h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes 9 No
liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?
If Yes,
i.Purpose of the impoundment: ________________________________________________________________________________
ii.If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify:
_________________________________________________________________________________________________________
iii.If other than water, identify the type of impounded/contained liquids and their source.
_________________________________________________________________________________________________________
iv.Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres
v.Dimensions of the proposed dam or impounding structure: ________ height; _______ length
vi.Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):
________________________________________________________________________________________________________
D.2. Project Operations
a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes 9 No
(Not including general site preparation, grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
i .What is the purpose of the excavation or dredging? _______________________________________________________________
ii.How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?
•Volume (specify tons or cubic yards): ____________________________________________
•Over what duration of time? ____________________________________________________
iii.Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.
________________________________________________________________________________________________________
________________________________________________________________________________________________________
iv.Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 No
If yes, describe. ___________________________________________________________________________________________
________________________________________________________________________________________________________
v.What is the total area to be dredged or excavated? _____________________________________acres
vi.What is the maximum area to be worked at any one time? _______________________________ acres
vii.What would be the maximum depth of excavation or dredging? __________________________ feet
viii.Will the excavation require blasting?9 Yes 9 No
ix.Summarize site reclamation goals and plan: _____________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes 9 No
into any existing wetland, waterbody, shoreline, beach or adjacent area?
If Yes:
i.Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic
description): ______________________________________________________________________________________________
_________________________________________________________________________________________________________
Page 5 of 13
ii.
iii.
Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or
alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Will the proposed action cause or result in disturbance to bottom sediments? Yes 9 No
If Yes, describe: __________________________________________________________________________________________
iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation?9 Yes 9 No
If Yes:
•acres of aquatic vegetation proposed to be removed: ___________________________________________________________
•expected acreage of aquatic vegetation remaining after project completion:________________________________________
•purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________
____________________________________________________________________________________________________
•proposed method of plant removal: ________________________________________________________________________
•if chemical/herbicide treatment will be used, specify product(s): _________________________________________________
v.Describe any proposed reclamation/mitigation following disturbance: _________________________________________________
_________________________________________________________________________________________________________
c. Will the proposed action use, or create a new demand for water? 9 Yes 9 No
If Yes:
i.Total anticipated water usage/demand per day: __________________________ gallons/day
ii.Will the proposed action obtain water from an existing public water supply? 9 Yes 9 No
If Yes:
•Name of district or service area: _________________________________________________________________________
•Does the existing public water supply have capacity to serve the proposal? 9 Yes 9 No
•Is the project site in the existing district? 9 Yes 9 No
•Is expansion of the district needed? 9 Yes 9 No
•Do existing lines serve the project site? 9 Yes 9 No
iii.Will line extension within an existing district be necessary to supply the project? 9 Yes 9 No
If Yes:
•Describe extensions or capacity expansions proposed to serve this project: ________________________________________
____________________________________________________________________________________________________
•Source(s) of supply for the district: ________________________________________________________________________
iv.Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No
If, Yes:
•Applicant/sponsor for new district: ________________________________________________________________________
•Date application submitted or anticipated: __________________________________________________________________
•Proposed source(s) of supply for new district: _______________________________________________________________
v.If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________
_________________________________________________________________________________________________________
vi.If water supply will be from wells (public or private), what is the maximum pumping capacity: _______ gallons/minute.
d. Will the proposed action generate liquid wastes?9 Yes 9 No
If Yes:
i.Total anticipated liquid waste generation per day: _______________ gallons/day
ii.Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and
approximate volumes or proportions of each): __________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
iii.Will the proposed action use any existing public wastewater treatment facilities?9 Yes 9 No
If Yes:
•Name of wastewater treatment plant to be used: _____________________________________________________________
•Name of district: ______________________________________________________________________________________
•Does the existing wastewater treatment plant have capacity to serve the project?9 Yes 9 No
• Is the project site in the existing district?9 Yes 9 No
• Is expansion of the district needed?9 Yes 9 No
Page 6 of 13
9 Yes 9 No •Do existing sewer lines serve the project site?
•Will a line extension within an existing district be necessary to serve the project?9 Yes 9 No
If Yes:
•Describe extensions or capacity expansions proposed to serve this project: ____________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
iv.Will a new wastewater (sewage) treatment district be formed to serve the project site?9 Yes 9 No
If Yes:
•Applicant/sponsor for new district: ____________________________________________________________________
•Date application submitted or anticipated: _______________________________________________________________
•What is the receiving water for the wastewater discharge? __________________________________________________
v.If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed
receiving water (name and classification if surface discharge or describe subsurface disposal plans):
________________________________________________________________________________________________________
________________________________________________________________________________________________________
vi.Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No
sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point
source (i.e. sheet flow) during construction or post construction?
If Yes:
i.How much impervious surface will the project create in relation to total size of project parcel?
_____ Square feet or _____ acres (impervious surface)
_____ Square feet or _____ acres (parcel size)
ii.Describe types of new point sources. __________________________________________________________________________
_________________________________________________________________________________________________________
iii.Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties,
groundwater, on-site surface water or off-site surface waters)?
________________________________________________________________________________________________________
________________________________________________________________________________________________________
•If to surface waters, identify receiving water bodies or wetlands: ________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
•Will stormwater runoff flow to adjacent properties?9 Yes 9 No
iv.Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater?9 Yes 9 No
f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No
combustion, waste incineration, or other processes or operations?
If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)
_________________________________________________________________________________________________________
ii.Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)
________________________________________________________________________________________________________
iii.Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
________________________________________________________________________________________________________
g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit,9 Yes 9 No
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i.Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes 9 No
ambient air quality standards for all or some parts of the year)
ii.In addition to emissions as calculated in the application, the project will generate:
•___________Tons/year (short tons) of Carbon Dioxide (CO2)
•___________Tons/year (short tons) of Nitrous Oxide (N2O)
•___________Tons/year (short tons) of Perfluorocarbons (PFCs)
•___________Tons/year (short tons) of Sulfur Hexafluoride (SF6)
•___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
•___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
Page 7 of 13
h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants,9 Yes 9 No
landfills, composting facilities)?
If Yes:
i.Estimate methane generation in tons/year (metric): ________________________________________________________________
ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or
electricity, flaring): ________________________________________________________________________________________
_________________________________________________________________________________________________________
i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes 9 No
quarry or landfill operations?
If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust):
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes 9 No
new demand for transportation facilities or services?
If Yes:
i.When is the peak traffic expected (Check all that apply): Morning Evening Weekend
Randomly between hours of __________ to ________.
ii.For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): _____________
iii.
iv.
v.
Parking spaces: Existing ___________________ Proposed ___________ Net increase/decrease _____________________
Does the proposed action include any shared use parking? Yes No
9 Yes 9 No vi.Are public/private transportation service(s) or facilities available within ½ mile of the proposed site?
vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No
or other alternative fueled vehicles?
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No
pedestrian or bicycle routes?
k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No
for energy?
If Yes:
i.Estimate annual electricity demand during operation of the proposed action: ____________________________________________
_________________________________________________________________________________________________________
ii.Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or
other):
________________________________________________________________________________________________________
iii.Will the proposed action require a new, or an upgrade, to an existing substation?9 Yes 9 No
l. Hours of operation. Answer all items which apply.
i. During Construction:ii.During Operations:
•Monday - Friday: _________________________•Monday - Friday: ____________________________
•Saturday: ________________________________•Saturday: ___________________________________
•Sunday: _________________________________•Sunday: ____________________________________
•Holidays: ________________________________•Holidays: ___________________________________
If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Page 8 of 13
m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction,9 Yes 9 No
operation, or both?
If yes:
i.Provide details including sources, time of day and duration:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen?9 Yes 9 No
Describe: _________________________________________________________________________________________________
_________________________________________________________________________________________________________
n. W th ill prop e os actio ed hav n e outd ligh oor ting? 9 Yes 9 No
If yes:
i.Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
ii.Will proposed action remove existing natural barriers that could act as a light barrier or screen?9 Yes 9 No
Describe: _________________________________________________________________________________________________
_________________________________________________________________________________________________________
o.Does the proposed action have the potential to produce odors for more than one hour per day?9 Yes 9 No
If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest
occupied structures: ______________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
p.9 Yes 9 No Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons)
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i.Product(s) to be stored ______________________________________________________________________________________
ii.Volume(s) ______ per unit time ___________ (e.g., month, year)
iii.Generally, describe the proposed storage facilities:________________________________________________________________
________________________________________________________________________________________________________
q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides,9 Yes 9 No
insecticides) during construction or operation?
If Yes:
i.Describe proposed treatment(s):
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
ii.Will the proposed action use Integrated Pest Management Practices?9 Yes 9 No
r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal 9 Yes 9 No
of solid waste (excluding hazardous materials)?
If Yes:
i.Describe any solid waste(s) to be generated during construction or operation of the facility:
•Construction: ____________________ tons per ________________ (unit of time)
•Operation : ____________________ tons per ________________ (unit of time)
ii.Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste:
•Construction: ________________________________________________________________________________________
____________________________________________________________________________________________________
•Operation: __________________________________________________________________________________________
____________________________________________________________________________________________________
iii.Proposed disposal methods/facilities for solid waste generated on-site:
•Construction: ________________________________________________________________________________________
____________________________________________________________________________________________________
•Operation: __________________________________________________________________________________________
____________________________________________________________________________________________________
Page 9 of 13
s. Does the proposed action include construction or modification of a solid waste management facility?9 Yes 9 No
If Yes:
i.Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or
other disposal activities): ___________________________________________________________________________________
ii.Anticipated rate of disposal/processing:
•________ Tons/month, if transfer or other non-combustion/thermal treatment, or
•________ Tons/hour, if combustion or thermal treatment
iii.If landfill, anticipated site life: ________________________________ years
t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes 9 No
waste?
If Yes:
i.Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
ii.Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
iii. Specify amount to be handled or generated _____ tons/month
iv.Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility?9 Yes 9 No
If Yes: provide name and location of facility: _______________________________________________________________________
________________________________________________________________________________________________________
If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
E. Site and Setting of Proposed Action
E.1. Land uses on and surrounding the project site
a. Existing land uses.
i.Check all uses that occur on, adjoining and near the project site.
9 Urban 9 Industrial 9 Commercial 9 Residential (suburban) 9 Rural (non-farm)
9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________
ii.If mix of uses, generally describe:
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
b. Land uses and covertypes on the project site.
Land use or
Covertype
Current
Acreage
Acreage After
Project Completion
Change
(Acres +/-)
•Roads, buildings, and other paved or impervious
surfaces
•Forested
•Meadows, grasslands or brushlands (non-
agricultural, including abandoned agricultural)
•Agricultural
(includes active orchards, field, greenhouse etc.)
•Surface water features
(lakes, ponds, streams, rivers, etc.)
•Wetlands (freshwater or tidal)
•Non-vegetated (bare rock, earth or fill)
•Other
Describe: _______________________________
________________________________________
Page 10 of 13
c. Is the project site presently used by members of the community for public recreation?9 Yes 9 No
i.If Yes: explain: __________________________________________________________________________________________
d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No
day care centers, or group homes) within 1500 feet of the project site?
If Yes,
i.Identify Facilities:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
e. Does the project site contain an existing dam?9 Yes 9 No
If Yes:
i.Dimensions of the dam and impoundment:
•Dam height: _________________________________ feet
•Dam length: _________________________________ feet
•Surface area: _________________________________ acres
•Volume impounded: _______________________________ gallons OR acre-feet
ii.Dam=s existing hazard classification: _________________________________________________________________________
iii.Provide date and summarize results of last inspection:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility,9 Yes 9 No
or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?
If Yes:
i. Has the facility been formally closed?9 Yes 9 No
•If yes, cite sources/documentation: _______________________________________________________________________
ii.Describe the location of the project site relative to the boundaries of the solid waste management facility:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
iii.Describe any development constraints due to the prior solid waste activities: __________________________________________
_______________________________________________________________________________________________________
g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes 9 No
property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste?
If Yes:
i.Describe waste(s) handled and waste management activities, including approximate time when activities occurred:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any 9 Yes 9 No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site 9 Yes 9 No
Remediation database? Check all that apply:
9 Yes – Spills Incidents database Provide DEC ID number(s): ________________________________
9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________
9 Neither database
ii.If site has been subject of RCRA corrective activities, describe control measures:_______________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database?9 Yes 9 No
If yes, provide DEC ID number(s): ______________________________________________________________________________
iv.If yes to (i), (ii) or (iii) above, describe current status of site(s):
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Page 11 of 13
v.Is the project site subject to an institutional control limiting property uses?9 Yes 9 No
•If yes, DEC site ID number: ____________________________________________________________________________
•Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________
•Describe any use limitations: ___________________________________________________________________________
•Describe any engineering controls: _______________________________________________________________________
•Will the project affect the institutional or engineering controls in place?9 Yes 9 No
•Explain: ____________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
E.2. Natural Resources On or Near Project Site
a. What is the average depth to bedrock on the project site? ________________ feet
b. Are there bedrock outcroppings on the project site?9 Yes 9 No
If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________%
c. Predominant soil type(s) present on project site: ___________________________ __________%
___________________________ __________%
____________________________ __________%
d. What is the average depth to the water table on the project site? Average: _________ feet
e. Drainage status of project site soils: 9 Well Drained:_____% of site
9 Moderately Well Drained: _____% of site
9 Poorly Drained _____% of site
f. Approximate proportion of proposed action site with slopes: 9 0-10%:_____% of site
9 10-15%: _____% of site
9 15% or greater: _____% of site
g. Are there any unique geologic features on the project site?9 Yes 9 No
If Yes, describe: _____________________________________________________________________________________________
________________________________________________________________________________________________________
h. Surface water features.
i.Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers,9 Yes 9 No
ponds or lakes)?
ii.Do any wetlands or other waterbodies adjoin the project site?9 Yes 9 No
If Yes to either i or ii, continue. If No, skip to E.2.i.
iii.Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal,9 Yes 9 No
state or local agency?
iv.For each identified regulated wetland and waterbody on the project site, provide the following information:
•Streams: Name ____________________________________________ Classification _______________________ •Lakes or Ponds: Name ____________________________________________ Classification _______________________•Wetlands: Name ____________________________________________ Approximate Size ___________________ •Wetland No. (if regulated by DEC) _____________________________
v.Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired 9 Yes 9 No
waterbodies?
If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________
___________________________________________________________________________________________________________
i.Is the project site in a designated Floo dway?9 Yes 9 No
j.Is the project site in the 100-year Floodplain?9 Yes 9 No
k.Is the project site in the 500-year Floodplain?9 Yes 9 No
l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer?9 Yes 9 No
If Yes:
i.Name of aquifer: _________________________________________________________________________________________
Page 12 of 13
m. Identify the predominant wildlife species that occupy or use the project site: ______________________________
______________________________ _______________________________ ______________________________
______________________________ _______________________________ ______________________________
n. Does the project site contain a designated significant natural community?9 Yes 9 No
If Yes:
i.Describe the habitat/community (composition, function, and basis for designation): _____________________________________
________________________________________________________________________________________________________
ii.Source(s) of description or evaluation: ________________________________________________________________________
iii.Extent of community/habitat:
•Currently: ______________________ acres
•Following completion of project as proposed: _____________________ acres
•Gain or loss (indicate + or -): ______________________ acres
o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes 9 No
endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species?
p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes 9 No
special concern?
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing?9 Yes 9 No
If yes, give a brief description of how the proposed action may affect that use: ___________________________________________
________________________________________________________________________________________________________
E.3. Designated Public Resources On or Near Project Site
a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes 9 No
Agriculture and Markets Law, Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number: _________________________________________________________________
b. Are agricultural lands consisting of highly productive soils present?9 Yes 9 No
i.If Yes: acreage(s) on project site? ___________________________________________________________________________
ii.Source(s) of soil rating(s): _________________________________________________________________________________
c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes 9 No
Natural Landmark?
If Yes:
i.Nature of the natural landmark: 9 Biological Community 9 Geological Feature
ii.Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
d. Is the project site located in or does it adjoin a state listed Critical Environmental Area?9 Yes 9 No
If Yes:
i.CEA name: _____________________________________________________________________________________________
ii.Basis for designation: _____________________________________________________________________________________
iii.Designating agency and date: ______________________________________________________________________________
If Yes:
i.Species and listing (endangered or threatened):______________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
If Yes:
i.Species and listing:____________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
Page 13 of 13
e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes 9 No
which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS
Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
If Yes:
i.Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District
ii.Name: _________________________________________________________________________________________________
iii.Brief description of attributes on which listing is based:
_______________________________________________________________________________________________________
f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes 9 No
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
g. Have additional archaeological or historic site(s) or resources been identified on the project site?9 Yes 9 No
If Yes:
i. Describe possible resource(s): _______________________________________________________________________________
ii.Basis for identification: ___________________________________________________________________________________
h.9 Yes 9 No Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local
scenic or aesthetic resource?
If Yes:
i.Identify resource: _________________________________________________________________________________________
ii.Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.): ___________________________________________________________________________________________________
iii.Distance between project and resource: _____________________ miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes 9 No
Program 6 NYCRR 666?
If Yes:
i.Identify the name of the river and its designation: ________________________________________________________________
ii.Is the activity consistent with development restrictions contained in 6NYCRR Part 666?9 Yes 9 No
F. Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Applicant/Sponsor Name ___________________________________ Date_______________________________________
Signature________________________________________________ Title_______________________________________
Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
•Review all of the information provided in Part 1.
•Review any application, maps, supporting materials and the Full EAF Workbook.
•Answer each of the 18 questions in Part 2.
•If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.
•If you answer “No” to a numbered question, move on to the next numbered question.
•Check appropriate column to indicate the anticipated size of the impact.
•Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
•The reviewer is not expected to be an expert in environmental analysis.
•If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
•When answering a question consider all components of the proposed activity, that is, the Awhole action@.
•Consider the possibility for long-term and cumulative impacts as well as direct impacts.
•Answer the question in a reasonable manner considering the scale and context of the project.
1.Impact on Land
Proposed action may involve construction on, or physical alteration of, NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may involve construction on land where depth to water table is
less than 3 feet.E2d 9 9
b. The proposed action may involve construction on slopes of 15% or greater.E2f 9 9
c. The proposed action may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a 9 9
d. The proposed action may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a 9 9
e. The proposed action may involve construction that continues for more than one year
or in multiple phases.
D1e 9 9
f. The proposed action may result in increased erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q 9 9
g. The proposed action is, or may be, located within a Coastal Erosion hazard area.B1i 9 9
h. Other impacts: _______________________________________________________
___________________________________________________________________
9 9
Agency Use Only [If applicable]
Project :
Date :
FEAF 2019
Page 2 of 10
2.Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify the specific land form(s) attached: ________________________________
___________________________________________________________________
E2g 9 9
b.The proposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c 9 9
c.Other impacts: ______________________________________________________
___________________________________________________________________
9 9
3.Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body.D2b, D1h 9 9
b. The proposed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b 9 9
c. The proposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a 9 9
d. The proposed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h 9 9
e. The proposed action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h 9 9
f.The proposed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c 9 9
g.The proposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d 9 9
h.The proposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e 9 9
i. The proposed action may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h 9 9
j. The proposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h 9 9
k.The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d 9 9
Page 3 of 10
l. Other impacts: _______________________________________________________
___________________________________________________________________
9 9
4.Impact on groundwater
The proposed action may result in new or additional use of ground water, or NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c 9 9
b. Water supply demand from the proposed action may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c 9 9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c 9 9
d. The proposed action may include or require wastewater discharged to groundwater.D2d, E2l 9 9
e. The proposed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9 9
f. The proposed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l 9 9
g. The proposed action may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9 9
h. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
5.Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in development in a designated floodway.E2i 9 9
b. The proposed action may result in development within a 100 year floodplain.E2j 9 9
c. The proposed action may result in development within a 500 year floodplain.E2k 9 9
d. The proposed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e 9 9
e. The proposed action may change flood water flows that contribute to flooding.D2b, E2i,
E2j, E2k
9 9
f.If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e 9 9
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________ 9 9
6.Impacts on Air
NO YES The proposed action may include a state regulated air emission source.
(See Part 1. D.2.f., D.2.h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO2)
ii.More than 3.5 tons/year of nitrous oxide (N2O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF6)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action may generate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g 9 9
c. The proposed action may require a state air registration, or may produce an emissions
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
D2f, D2g 9 9
d.The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g 9 9
e. The proposed action may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s 9 9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
7.Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a.The proposed action may cause reduction in population or loss of individuals of any
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
E2o 9 9
b. The proposed action may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o 9 9
c. The proposed action may cause reduction in population, or loss of individuals, of any
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
E2p 9 9
d. The proposed action may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p 9 9
Page 5 of 10
e. The proposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c 9 9
f. The proposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n 9 9
g.The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.E2m 9 9
h. The proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b 9 9
i.Proposed action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q 9 9
j. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
8.Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b 9 9
b.The proposed action may sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb 9 9
c. The proposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b 9 9
d.The proposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a 9 9
e. The proposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b 9 9
f. The proposed action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9 9
g.The proposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c 9 9
h. Other impacts: ________________________________________________________9 9
Page 6 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Proposed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h 9 9
b.The proposed action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b 9 9
c. The proposed action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The situation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c 9
9
9
9
e. The proposed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h 9 9
f. There are similar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9 9
g.Other impacts: ______________________________________________________
__________________________________________________________________
9 9
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.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E3e 9 9
b. The proposed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f 9 9
c. The proposed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g 9 9
a.The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on the National or
State Register of Historical Places, or that has been determined by the Commissioner
of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places.
Page 7 of 10
d. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
e.If any of the above (a-d) are answered “Moderate to large impact may
occur”, continue with the following questions to help support conclusions in Part 3:
i.The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii.The proposed action may result in the alteration of the property’s setting or
integrity.
iii.The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
9
9
9
9
9
9
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO 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 “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9 9
b. The proposed action may result in the loss of a current or future recreational resource.C2a, E1c,
C2c, E2q
9 9
c. The proposed action may eliminate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9 9
d. The proposed action may result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c 9 9
e. Other impacts: _____________________________________________________
_________________________________________________________________
9 9
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d 9 9
b. The proposed action may result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d 9 9
c. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
Page 8 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - f. If “No”, go to Section 14.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.D2j 9 9
b. The proposed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j 9 9
c. The proposed action will degrade existing transit access.D2j 9 9
d. The proposed action will degrade existing pedestrian or bicycle accommodations.D2j 9 9
e.The proposed action may alter the present pattern of movement of people or goods.D2j 9 9
f.Other impacts: ______________________________________________________
__________________________________________________________________ 9 9
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action will require a new, or an upgrade to an existing, substation.D2k 9 9
b. The proposed action will require the creation or extension of an energy transmission
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.D2k 9 9
d. The proposed action may involve heating and/or cooling of more than 100,000 square
feet of building area when completed.
D1g 9 9
e. Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m 9 9
b. The proposed action may result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d 9 9
c. The proposed action may result in routine odors for more than one hour per day.D2o 9 9
Page 9 of 10
d. The proposed action may result in light shining onto adjoining properties.D2n 9 9
e. The proposed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a 9 9
f. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
16. Impact on Human Health
The proposed action may have an impact on human 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 “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d 9 9
b. The site of the proposed action is currently undergoing remediation.E1g, E1h 9 9
c. There is a completed emergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h 9 9
d.The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed restriction).
E1g, E1h 9 9
e. The proposed action may affect institutional control measures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h 9 9
f. The proposed action has adequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t 9 9
g. The proposed action involves construction or modification of a solid waste
management facility.
D2q, E1f 9 9
h. The proposed action may result in the unearthing of solid or hazardous waste.D2q, E1f 9 9
i. The proposed action may result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s 9 9
j. The proposed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9 9
k. The proposed action may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g 9 9
l. The proposed action may result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9 9
m. Other impacts: ______________________________________________________
__________________________________________________________________
Page 10 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9 9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2 9 9
c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9
d. The proposed action is inconsistent with any County plans, or other regional land use
plans.
C2, C2 9 9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9 9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9 9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a 9 9
h. Other: _____________________________________________________________
__________________________________________________________________
9 9
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g 9 9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4 9 9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9 9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3 9 9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3 9 9
f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3
E1a, E1b
E2g, E2h
9 9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9 9
Full Environmental Assessment Form
Part 3 - Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not, or may, result in a significant adverse environmental impact.
Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
•Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
•Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact
occurring, number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
•The assessment should take into consideration any design element or project changes.
•Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse
environmental impact.
•Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact
•For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
•Attach additional sheets, as needed.
Determination of Significance - Type 1 and Unlisted Actions
SEQR Status: Type 1 Unlisted
Identify portions of EAF completed for this Project: Part 1 Part 2 Part 3
Agency Use Only [IfApplicable]
Project :
Date :
FEAF 2019
Upon review of the information recorded on this EAF, as noted, plus this additional support information
and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the
as lead agency that:
A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact
statement need not be prepared. Accordingly, this negative declaration is issued.
B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)).
C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact
statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly, this positive declaration is issued.
Name of Action:
Name of Lead Agency:
Name of Responsible Officer in Lead Agency:
Title of Responsible Officer:
Signature of Responsible Officer in Lead Agency: Date:
Signature of Preparer (if different from Responsible Officer) Date:
For Further Information:
Contact Person:
Address:
Telephone Number:
E-mail:
For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of)
Other involved agencies (if any)
Applicant (if any)
Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html
Page 2 of 2
LOCAL LAW No. ______ of 2020
A LOCAL LAW AMENDING TOWN OF ULYSSES ZONING LAW REGARDING
LAKESHORE AND CONSERVATION ZONES.
SECTION 1. LEGILSATIVE HISTORY AND PURPOSE.
The Town Board of the Town of Ulysses (Town Board) enacted Local Law No. 3 of 2019 on
December 10, 2019, which law was filed with the New York State Secretary of State on December
16, 2019. Local Law No. 3 of 2019 repealed in its entirety the Town of Ulysses Zoning Law
adopted by Local Law No. 3 of 2013, amended from time to time, and codified as Chapter 212 of
the Laws of the Town of Ulysses, and in its place adopted a new zoning law.
The Town Board now seeks to further refine the Ulysses Zoning Law by revising the maximum
foot print of buildings in the Lake Shore Zone (LS) and Conservation Zone (CZ), as well as to
refine building standards in these zones to protect the impact of development on the steep slopes
and natural resources according to the goals set in the Ulysses Comprehensive Plan of 2009.
SECTION 2. AUTHORITY. This Local Law is enacted pursuant to the statutory authority
conferred on the Town of Ulysses by Municipal Home Rule Law Section 10, and New York Town
Law Section 264.
SECTION 3. Chapter 212 of the Codified Laws of the Town of Ulysses is hereby amended as
follows: Article VIII
LS — Lakeshore Zone
§ 212-42 Purpose.
A. The purposes of the Lakeshore Zone are:
(1) To protect the fragile environment of the lakeshore, that area east of State Route
89 to the center line of Cayuga Lake, in accordance with the Town of Ulysses
Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur with
minimal environmental impact; and
(3) To develop design standards for houses and accessory buildings that create a
harmonious effect for the natural environment and the residents.
B. In particular, the following are important aspects or considerations for the Lakeshore
Zone:
(1) Among the important natural and ecological features of the Lakeshore Zone are
steep slopes, mature forests, fragile cliffs, tributaries, and seasonal streams
feeding into Cayuga Lake.
(2) In recognition of their natural and ecological significance, several areas of the
Lakeshore Zone have been designated as unique natural areas by the Tompkins
County Environmental Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil types that
when disturbed are significantly erodible and unstable based on their
characteristics and slope steepness (see Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which
contravene any laws, rules, or regulations or permits of the United States or New York
State, or any agency thereof, nor are any of the provisions intended to supersede any
requirements for obtaining any permits or approvals required by the United States or
New York State, or any agency thereof.
§ 212-43 Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan approval,
pursuant to the provisions of Article III, § 212-19, is required in unique natural areas and
slope overlay areas:
(1) Single-family residences and their accessory buildings.
(2) Two-family residences and their accessory buildings.
(3) Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same
setback requirements that apply to residences.
§ 212-44 Permitted accessory uses.
A. The following are permitted accessory uses, which are customarily incidental to the
permitted uses listed above in § 212-43:
(1) Accessory buildings, as defined in Article IV and subject to provisions of Article XXIV,
§ 212-167: Accessory Buildings.
(2) Accessory Dwelling Unit, subject to the provisions of Article XX, § 212-128.
(3) Elder Cottage, subject to the provisions of Article XX, § 212-139.5.
(4) Open-sided elevators/lifts.
(5) Temporary buildings, as defined in Article IV.
(6) Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
B. Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in unique
natural areas and slope overlay areas for the permitted accessory uses listed in this
section.
C. Permitted accessory uses without site plan approval. Such uses as are customarily
incidental to the permitted uses listed above in this article, § 212-43.
(1) Signs as regulated under Article XX, § 212-122
(2) Home occupations, where no more than one person residing off the premises is
employed.
§ 212-45 Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board and subject
to the design standards set forth in relevant sections of Article XX:
A. Adult care, family.
B. Farm Operation.
C. Bed-and-breakfast operations where such is part of the residence.
D. Child care, family.
E. Professional offices where:
1) Such office is part of the residence property; and
2) No more than three persons residing off the premises are employed on site.
§ 212-46 Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-
18, subject to the design standards set forth in relevant sections of Article XX and site plan
review by the Planning Board:
A. Fire stations or other public buildings necessary to the protection of or servicing of a
neighborhood.
B. Restaurants.
C. Public or nonprofit owned boat launching site, swimming beach, picnic area.
D. Public or nonprofit owned park or playground, including accessory buildings and
improvements.
§ 212-47 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the LS-Lakeshore Zone.
B. Minimum lot area shall be two acres for lake front lots and five acres for non-lake front
lots.
C. Minimum lot width at the mean high-water elevation (MHWE) shall be 250 feet and
minimum lot width at the road frontage shall be 250 feet for all non-flag lots.
D. Minimum lot depth shall be 250 feet for lake front lots and 450 feet for non-lake front
lots.
E. Minimum setback, front and rear, shall be 50 feet from the highway right-of-way, and
50 feet where the lot abuts the lake; the MHWE shall be used for setback measurement.
Docks, boat hoists, and boat ramps are permitted within the setback area.
F. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on two
public streets, where the minimum yard setback for the side yard to the street or road
shall be 25 feet.
G. Maximum building height for the principal dwelling shall be 32 feet above average grade
measured at the building perimeter.
H. Maximum lot coverage for all building footprints shall be 5% of the lot area. For lots
with a single-family or a two-family residence, lot coverage calculations do not include
driveways, walkways, or parking areas. The term “building footprint” is defined in Article
IV, §212-22.
I. Streams and wetlands are required to a have a protective setback as defined in § 212-
124.
J. No parking areas shall be constructed within 50 feet of the MHWE.
K. Flag lots shall meet minimum lake frontage (250 feet) and lot area (two acre)
requirements. Lot area excludes the pole. The pole shall connect to the road, not the
lake. Non-lakeshore flag lots shall meet minimum lot area (five acres) excluding the
pole. See Article XX, Design Standards, § 212-130.
L. The above notwithstanding, in the case of a lot with frontage on the lake, accessory uses
such as pump houses, docks, boat ramps and boat hoists typically associated with
water-oriented recreational pursuits are permitted within the front yard setback area
fronting on the lake; provided, however, that they are located outside of the required
side yard setback areas and conform to the regulations or permits of the United States
or New York State.
M. For the purposes of cluster development on a lake front lot, one dwelling unit will be
allowed per 150 feet of lake frontage.
N. Maximum building footprint shall be 3,500 square feet, except for Accessory Dwelling
Units which shall have a maximum floor area of 1,200 square feet pursuant to Article XX,
§212-128.
Lot Area and Yard Requirements Summary
Requirement Lake Front Non-Lake Front
Lot coverage, maximum (percent) 5 5
Building height, maximum (feet) 32 32
Lot area, minimum (acres) 2 5
Maximum footprint of principal
building
Lakeshore frontage, minimum
(feet)
3,500
250
3,500
Not applicable
Lot width at road frontage,
minimum (feet)
250 250
Lot depth, minimum (feet) 250 450
Setback from lakeshore,
minimum, measured from
MHWE (feet)
50 Not applicable
Setback from road or rear
property line (feet)
50 50
Side yard setback, minimum
(feet)
15 15
Structure or parking area or road
setback from
50 50
Lot Area and Yard Requirements Summary
Requirement Lake Front Non-Lake Front
perennial/intermittent stream,
minimum (not in unique natural
area or steep slope overlay (feet)
Structure or parking area or road
setback from any
perennial/intermittent streams,
or Federal wetland edge in
unique natural area and steep
slope overlay areas, minimum
(feet).
75 75
Structure or parking area or road
setback from any State wetland
edge.
100 100
Structure or parking area or road
setback from any Federally or
locally designated wetland edge.
50 – 100 (see §212-48
below)
50-100 (see §212-48 below)
§ 212-48 Design standards.
In the event of any conflict between the provisions of this § 212-48 and other provisions of this
chapter, the provisions of this section shall prevail.
A. Streams.
(1) Perennial and intermittent streams are, and wetlands may become, prominent
features of the Lakeshore Zone and the condition of these water bodies directly
affects the health of Cayuga Lake and the various creatures that depend on the
water for sustenance. As such, it is the intent of these Lakeshore Zone regulations to
ensure the continued preservation and health of these many Cayuga Lake tributaries
for current and future generations.
(2) For the purposes of this section, the area of a wetland is defined by both state and
federal governing regulations. Buffer areas apply to federally protected wetlands
greater than 0.1 acre.
(3) Requirements.
(a) To the extent possible, perennial and intermittent streams shall be protected
from sediment, effluent, sewage, and driveway runoff.
(b) Diverting or altering the course of perennial or intermittent streams shall be
prohibited, except where a NYSDEC permit is obtained in advance of starting
work.
(c) Unless otherwise authorized by the Planning Board or state or federal agency,
no disturbance as listed previously in this section shall be located within 100
feet of any NY State regulated wetland or 50 feet from a Federally or locally
regulated wetland.
(d) During the site plan approval process where there is evidence of a wetland, the
Planning Board may require a wetland delineation study to determine
potential impacts of development on said wetland.
(4) Recommendations.
(a) Plowing of salt laden snow from driveways into streams should be avoided.
(b) The proximity of docks to mouths of tributaries should consider natural
variation in stream boundary location so as to not interfere with stream flow
over time.
(c) Stream bank vegetation should be encouraged to minimize erosion. Where
necessary, stream banks should be replanted with native species.
(d) Flow of water in Cayuga Lake tributaries should not be impeded by human-
made structures in or spanning streams.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation,
especially noninvasive trees and shrubs, in the Lakeshore Zone in order to prevent
erosion, sedimentation of the lake and streams, and maintain the rural, scenic
nature of the Town. The intent of this section is to encourage landowners in this
district to preserve and encourage vegetation for the benefit of current and
future residents of the Town.
(2) The intent of the Town of Ulysses is to preserve the natural features of the
Lakeshore Zone and, as such, to allow development that uses mechanisms that
minimize disruption of the current ecological balance. The Zoning Officer and
Planning Board shall review all development with the following guidelines when
reviewing a site plan for approval.
(3) Requirements. Tree removal, except clear-cutting, is allowed in the Lakeshore
Zone outside of unique natural areas or slope overlay areas. Tree removal is
allowed in the Lakeshore Zone in the unique natural areas or slope overlay areas
according to the following terms and conditions:
(a) Without Town approval: a tree or trees whose location and conditions
combine to make it a threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid building
permit: those trees that are in the footprint of a construction site, septic
system, parking areas, and the driveway access.
(c) Clear-cutting of forest stands for any use other than necessary minimal
clearing for the requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland management plan
shall be filed with and approved by the Zoning Officer and/or the Town's
consulting forester for multiple trees removed for the landowner's firewood
or lumber use, and for forest management and forest improvement. A
woodland management plan shall be prepared by a professional forester
with Society of American Foresters certification or by a cooperating
consulting forester with the New York State Department of Environmental
Conservation.
(4) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a woodland
management plan is recommended when removing multiple trees for the
landowner's firewood or lumber use and for forest management and forest
improvement.
(b) Existing noninvasive vegetation should be maintained to the extent practicable
to minimize runoff.
(c) Buffer areas proximal to water bodies are to be promoted using noninvasive
plants to protect water resources.
(d) Removal of trees for the purpose of expanding a view is discouraged.
(e) Removal of trees for the purpose of expanding sunlight exposure is
discouraged.
(f) Native plants should be encouraged, especially shrubs and trees that produce
edible fruit and nuts for wildlife.
(g) Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway maple, etc.)
is encouraged so long as this effort does not contribute to significant soil
disturbance or erosion.
(h) Wildlife habitats, biological corridors, contiguous forests, and open space
linkages should be encouraged and preserved.
(i) Dead trees that do not pose a threat to life, property or a healthy forest should
be left to provide wildlife habitat for both birds and animals.
(j) New development should not compromise scenic views, in particular viewing
points from adjacent roads and trails.
(k) Regrading should blend in with the natural contours and undulations of the
land.
(l) Buildings proposed to be located within significant viewing areas should be
screened and landscaped to minimize their intrusion on the character of the
area.
(m) Building design should harmonize with the natural setting.
(n) Building materials should harmonize with their natural setting and be
compatible with neighboring land uses.
C. Stormwater
1. In Unique Natural Areas and/or Steep Slope Overlay areas that are subject to site plan review,
the following standards apply:
2. Any alteration of the hydrology of the site shall be minimized and/or mitigated so as to
minimize the impact on water quality, peak discharge, groundwater recharge, and
drainage patterns. To the extent possible, the quantity, quality, and timing of
stormwater runoff during and after development shall not be substantially altered from
pre-development conditions. The recommended technical standards for the design of
post-construction structures are detailed in the “New York State Stormwater
Management Design Manual,” as revised. In reviewing the adequacy of an applicant’s
stormwater management plans, the Planning Board may seek recommendations from a licensed
engineer selected by the Town and paid for by the applicant.
3. Priority should be given to maintaining natural drainage systems, including perennial
and intermittent streams, swales and drainage ditches.
4. Drainage of stormwater shall not cause erosion, siltation, contribute to slope failures, pollute
groundwater or cause damage to or flooding of adjacent or downstream properties.
5. The Planning Board may require the developer or property owner to submit the following:
a) Stormwater Pollution Prevention Plan (SWPPP), prepared by a NYS licensed engineer or
other qualified professional. The contents of the SWPPP and qualifications of qualified
professionals are specified in the New York State Department of Environmental
Conservation SPDES General Permit for Stormwater Discharges from Construction Activity.
b) A statement of the proposed stormwater management objectives.
c) A description of the proposed structural and vegetative stormwater measures
that will be utilized to ensure that the quantity, temporal distribution and quality of
stormwater runoff during and after development are not substantially altered from
pre-development conditions. This will include appropriate plans, design data,
calculations, and other information.
d) A maintenance plan, which describes the type and frequency of maintenance
required by the stormwater management facilities utilized and the arrangements
that will be made to ensure long-term maintenance of these facilities. Operation,
maintenance, and any necessary repairs are the responsibility of the property
owner or his/her designee. Storm water management facilities shall have
adequate easements to permit the Town to inspect and, if necessary,
to take corrective action should the owner fail to properly maintain the system. If
corrective action by the Town is required, incurred costs are the responsibility of the
property owner.
e) A flood hazard analysis for any development located within or adjacent to the
designated floodplain.
D. Soil and sediment control.
(1) The goals for erosion and sediment control are (1) to minimize the opportunity
for soil to be moved by wind, precipitation and runoff and (2) to contain
sediment that does move close to its place of origin and thus prevent it from
reaching a water body or damaging other lands. In order to ensure that the land
will be developed with a minimum amount of soil erosion and to protect the
natural character of on-site and off-site water bodies, the Planning Board shall
require the developer to follow certain erosion control practices. The standards
for erosion and sediment control are as follows:
(2) A structure or parking area shall have a minimum setback to perennial and
intermittent streams of 50 feet or 75 feet if within a Unique Natural Area or
Steep Slope Overlay, as measured from the top edge of the slope rising from the
bank of the stream. See § 212-124.B.
(3) On sites within the slope overlay area or unique natural area, there shall be no
excavation, grading or filling without the submission to the Zoning Officer of an
excavation, fill, and grading permit. Excavation, grading or filling of more than
10 cubic yards is subject to site plan approval. The Planning Board may seek
recommendations from the Town Engineer, and the associated cost shall be
paid for by the applicant. This provision is not applicable to projects with a valid
permit from a county, state, or federal agency; nor is it applicable to any
projects with current site plan approval.
(4) In addition to the requirements of this article, any construction, grading, or
other activities shall be conducted in accordance with any federal, state, or
other local law or requirement pertaining to such activity, including, but not
limited to, any requirements of the New York State Department of
Environmental Conservation and the United States Army Corps of Engineers.
(5) Roads and driveways should follow existing contours to the extent practicable to
minimize erosion from cuts and fills.
(6) In Unique Natural Areas and/or Steep Slope Overlay areas that are subject to
site plan review, the following standards apply:
a. The Planning Board may require the developer to submit an erosion and
sediment control plan, the contents of which are specified in the New York
State Department of Environmental Conservation SPDES General Permit for
Stormwater Discharges from Construction Activity.
b. Erosion and sediment control practices shall be consistent with requirements of
the New York State Department of Environmental Conservation SPDES General
Permit for Stormwater Discharges from Construction Activity. A permit is
generally required for construction activities that disturb one or more acre of
land.
c. The recommended technical standards for erosion and sedimentation control
are detailed in the “New York Standards and Specifications for Erosion and
Sediment Control” published by the Empire State Chapter of the Soil and Water
Conservation Society, as revised.
d. The development plan should be consistent with the topography, soils, and
other physical characteristics of the site so as to minimize the erosion potential
and avoid disturbance of environmentally sensitive areas.
e. Existing vegetation on the project site should be retained and protected as
much as possible to minimize soil loss from the project site. (This will also
minimize erosion and sediment control costs.)
f. Erosion and sediment control measures should be constructed prior to
beginning any land disturbances. All runoff from disturbed areas should be
directed to the sediment control devices. These devices should not be removed
until the disturbed land areas are stabilized.
g. The timing and sequence of construction activities shall expose the smallest
practical area of land at any one time during the development. Temporary
vegetation and/or mulching should be used to protect critical areas. Permanent
vegetation shall be established as soon as practicable. Construction will not be
considered complete until all disturbed areas are successfully seeded or
stabilized with erosion control materials.
E. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or
walkways in unique natural areas or slope overlay areas, site plan review
procedures shall be followed, and the Planning Board may seek
recommendations from a licensed engineer selected by the Town and paid for
by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid the
necessity for drivers to back their vehicles onto Route 89.
(2) Recommendations.
(a) Semi-pervious and pervious surfaces for driveways and parking areas are
encouraged to minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a combination of
pervious and impervious surface materials as needed to provide for safe passage
of traffic and to minimize the total area of impervious surface, which would
contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as much as
possible.
(d) Excavation and regrading of slopes for parking areas should be minimized.
§ 212-49 Limitations on subdivision of parent tracts.
Any tract or parcel of land in common contiguous ownership at the time of the creation of this
zone on December 17, 2013, subject to other normally applicable subdivision laws and
regulations, may be subdivided to create up to and not more than three lots.
Article IX
CZ — Conservation Zone
§ 212-50 Purpose.
A. The purposes of the Conservation Zone are:
(1) To preserve the outstanding natural features in the Town of Ulysses in accordance
with the Town of Ulysses Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur with
minimal environmental impact;
(3) To preserve existing areas of contiguous open space, prevent destruction of
natural areas, preserve existing and potential agricultural land, and promote
mechanisms that protect these areas, such as enlarged stream buffer areas,
conservation easements, and deed restrictions when considering any future land
development; and
(4) To preserve the scenic beauty of the area to promote tourism as an important
benefit to the Town of Ulysses.
B. In particular, the following are important aspects or considerations for the Conservation
Zone:
(1) Among the natural values and ecological importance of this area are the mature
forest, plant and wildlife habitat, numerous streams, and natural character. The
Conservation Zone contains large areas of steep slopes, wetlands, and highly
erodible soil, where any future development may have an adverse environmental
impact on both the land and Cayuga Lake.
(2) In recognition of its natural and ecological significance, several large areas of the
Conservation Zone have been designated as unique natural areas by the Tompkins
County Environmental Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil types that
when disturbed are significantly erodible and unstable based on their
characteristics and slope steepness (see Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which
contravene any laws, rules, or regulations or permits of the United States or New York
State, or any agency thereof, nor are any of the provisions intended to supersede any
requirements for obtaining any permits or approvals required by the United States or
New York State, or any agency thereof.
§ 212-51 Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan approval,
pursuant to the provisions of Article III, § 212-19, is required in unique natural areas
and slope overlay areas:
(1) Farm Operation.
(2) One single-family residence and accessory buildings.
(3) One two-family residence and accessory buildings.
(4) [RESERVED]
(5) Any municipal or public utility necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same
setback requirements that apply to residences.
(6) Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-52 Permitted accessory uses.
A. Only the following are permitted accessory uses, which are customarily incidental to
the permitted uses listed above in § 212-51:
(1) Accessory buildings, as defined in Article IV and subject to the provisions of
Article XXIV, § 212-167: Accessory Building.
(2) Accessory Dwelling Unit, subject to the provision of Article XX, § 212-128.
(3) Adult care, family.
(4) Bed-and-breakfast establishments.
(5) Child care, family.
(6) Elder cottage, subject to the provisions of Article XX, § 212-139.5.
(7) Professional offices where such office is part of the residence property and no
more than three persons residing off the premises are employed on site.
(8) Roadside stands, subject to the provisions of Article XX, § 212-135.
(9) Temporary building, as defined in Article IV.
(10) Minor solar collection system subject to the provisions of Article XX,
§ 212-139.1. [Added 11-24-2015 by L.L. No. 3-2015]
B. Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in
unique natural areas and slope overlay areas for the permitted accessory uses listed in
this section.
C. Permitted accessory uses without site plan approval. Such uses as are customarily
incidental to the permitted uses listed above in this Article X, § 212-51.
(1) Signs as regulated under Article XX, § 212-122
(2) Home occupation where no more than one person residing off the premises is
employed.
§ 212-53 Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-18, subject to the
design standards in the Conservation Zone and site plan review by the Planning Board:
A. Museums and nature centers.
B. Public and private community parks, regional parks and preserves.
C. Residential care/assisted living.
D. Restaurants.
E. Bicycle/ski rental business.
§ 212-54 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the CZ-Conservation
Zone.
B. Minimum lot area for one principal building shall be five acres.
C. Minimum lot width at front lot line shall be 400 feet.
D. Minimum lot depth shall be 450 feet.
E. Minimum front yard setback shall be 75 feet.
F. Minimum side yard setback shall be 50 feet.
G. Minimum rear yard setback 50 feet.
H. Maximum building height shall be 32 feet above average grade measured at the building
perimeter or as determined by the Planning Board when slope exceeds 15%. It is within
the discretion of the Planning Board whether or not to allow any building on slopes
greater than 25%.
I. The maximum footprint of a building shall be 3,500 square feet except Accessory
Dwelling Units which are limited to 1,200 square feet floor area (§ 212-128).
J. Driveways and parking areas may be considered a building as part of the lot coverage
requirements at the discretion of the Planning Board.
K. Flag lots are permitted, subject to the standards set forth in Article XX, § 212-130.
L. Accessory buildings shall not occupy the front yard, except for roadside stands (subject
to provisions of Article XX, § 212-135), and a garage may be attached to the front of a
house.
M. Maximum lot coverage by permanent structures shall be 5% of the lot area.
§ 212-55 Design standards.
In the event of any conflict between the provisions of this § 212-55 and other provisions of this
chapter, the provisions of this section shall prevail.
A. Stream and wetland setbacks.
(1) Perennial and intermittent streams and wetlands are prominent features of the
Conservation Zone, and the condition of these water bodies directly affects the
health of Cayuga Lake and the fauna that depend on the water for sustenance.
As such, it is the intent of these Conservation Zone regulations to ensure the
continued preservation and health of these many Cayuga Lake water resources
for current and future generations. (See§ 212-124 Standards for buffer areas).
(2) For the purposes of this section, wetlands are defined by both state, federal and
local governing regulations. Buffer areas apply to federal and locally protected
wetlands greater than 0.1 acre and all state wetlands.
(3) No buildings, structures, paved areas, or storage of construction equipment or
machinery shall be located within the following buffer areas: 50 linear feet of
the bank of any perennial or intermittent stream and 100 feet of any wetland.
These buffer areas may be increased by up to 50% should the Planning Board
determine that such an increase is necessary to protect water quality or to
minimize the impacts of erosion and sedimentation.
(4) During the site plan approval process where there is evidence of a wetland, the
Planning Board may require a wetland delineation study to determine the exact
boundaries and to evaluate potential impacts of development on said wetland.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation,
especially noninvasive trees and shrubs, in the Conservation Zone in order to
prevent erosion, sedimentation of the lake and streams, and maintain the rural,
scenic nature of the Town.
(2) The intent of this section is to encourage landowners in this district to preserve
and encourage vegetation for the benefit of current and future residents of the
Town.
(3) The intent of the Town of Ulysses is to preserve the natural features of the
Conservation Zone and, as such, to allow development that uses mechanisms that
minimize disruption of the current ecological balance. The Zoning Officer and
Planning Board shall review all development with the following guidelines when
reviewing a site plan for approval.
(4) Requirements. Tree removal, except clear-cutting, is allowed in the Conservation
Zone outside of unique natural areas or slope overlay areas. Tree removal is
allowed in the Conservation Zone in the unique natural areas or slope overlay
areas according to the following terms and conditions:
(a) Without Town approval: a tree or trees whose location and conditions combine
to make it a threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid building
permit: those trees that are in the footprint of a construction site, septic system,
parking areas, and the driveway access.
(c) Clear-cutting of forest stands for any use other than necessary minimal clearing
for the requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland management plan
shall be filed with and approved by the Zoning Officer and/or the Town's
consulting forester for multiple trees removed for the landowner's firewood or
lumber use, and for forest management and forest improvement. A woodland
management plan shall be prepared by a professional forester with Society of
American Foresters certification or by a cooperating consulting forester with the
New York State Department of Environmental Conservation.
(5) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a woodland
management plan is recommended when removing multiple trees for the
landowner's firewood or lumber use and for forest management and forest
improvement.
(b) Existing noninvasive vegetation should be maintained to the extent practicable
to minimize runoff.
(c) Buffer areas proximal to water bodies are to be promoted using noninvasive
native plants to protect water resources.
(d) Retain existing stone walls.
(e) Removal of trees for the purpose of expanding a view is discouraged.
(f) Removal of trees for the purpose of expanding sunlight exposure is discouraged.
(g) Native plants should be encouraged, especially shrubs and trees that produce
edible fruit and nuts for wildlife.
(h) Removal of invasive plants (garlic mustard, swallowwort, barberry, honeysuckle,
buckthorn, multiflora rose, Russian olive and Norway maple, etc.) is encouraged
so long as this effort does not contribute to significant soil disturbance or
erosion.
(i) Wildlife habitats, biological corridors, contiguous forests, and open space
linkages should be encouraged and preserved.
(j) Dead trees that do not pose a threat to life, property, or a healthy forest should
be left to provide wildlife habitat for both birds and animals.
(k) New development should not compromise scenic views, in particular viewing
points from adjacent roads and trails.
(l) Regrading should blend in with the natural contours and undulations of the land.
(m) Siting of buildings should be below ridgelines or hilltops.
(n) Where possible, buildings and structures should be located on the edges of open
fields to minimize visual impacts.
(o) Buildings proposed to be located within significant viewing areas should be
screened and landscaped to minimize their intrusion on the character of the
area.
(p) Building design should harmonize with the natural setting.
(q) Building materials should harmonize with their natural setting and be
compatible with neighboring land uses.
C . Stormwater
1. In Unique Natural Areas and/or Steep Slope Overlay areas that are subject to site plan review,
the following standards apply:
2. Any alteration of the hydrology of the site shall be minimized and/or mitigated so as to
minimize the impact on water quality, peak discharge, groundwater recharge, and
drainage patterns. To the extent possible, the quantity, quality, and timing of
stormwater runoff during and after development shall not be substantially altered from
pre-development conditions. The recommended technical standards for the design of
post-construction structures are detailed in the “New York State Stormwater
Management Design Manual,” as revised. In reviewing the adequacy of an applicant’s
stormwater management plans, the Planning Board may seek recommendations from a licensed
engineer selected by the Town and paid for by the applicant.
3. Priority should be given to maintaining natural drainage systems, including perennial
and intermittent streams, swales and drainage ditches.
4. Drainage of stormwater shall not cause erosion, siltation, contribute to slope failures, pollute
groundwater or cause damage to or flooding of adjacent or downstream properties.
5. The Planning Board may require the developer or property owner to submit the
following:
f) Stormwater Pollution Prevention Plan (SWPPP), prepared by a NYS licensed
engineer or other qualified professional. The contents of the SWPPP and
qualifications of qualified professionals are specified in the New York State
Department of Environmental Conservation SPDES General Permit for Stormwater
Discharges from Construction Activity.
g) A statement of the proposed stormwater management objectives.
A description of the proposed structural and vegetative stormwater measures
that will be utilized to ensure that the quantity, temporal distribution and quality of
stormwater runoff during and after development are not substantially altered from
pre-development conditions. This will include appropriate plans, design data,
calculations, and other information.
A maintenance plan, which describes the type and frequency of maintenance
required by the stormwater management facilities utilized and the arrangements
that will be made to ensure long-term maintenance of these facilities. Operation,
maintenance, and any necessary repairs are the responsibility of the property
owner or his/her designee. Storm water management facilities shall have
adequate easements to permit the Town to inspect and, if necessary,
to take corrective action should the owner fail to properly maintain the system. If
corrective action by the Town is required, incurred costs are the responsibility of the property
owner.
A flood hazard analysis for any development located within or adjacent to the
designated floodplain.
D. Soil and sediment control.
The goals for erosion and sediment control are (1) to minimize the opportunity for soil to be
moved by wind, precipitation and runoff and (2) to contain sediment that does move close to its
place of origin and thus prevent it from reaching a water body or damaging other lands. In order
to ensure that the land will be developed with a minimum amount of soil erosion and to protect
the natural character of on-site and off-site water bodies, the Planning Board shall require the
developer to follow certain erosion control practices.
(1) A structure or parking area shall have a minimum setback to perennial and
intermittent streams of 50 feet or 75 feet if within a Unique Natural Area or Steep
Slope Overlay, as measured from the top edge of the slope rising from the bank
of the stream. See § 212-124.B.
(2) On sites within the slope overlay area or unique natural area, there shall be no
excavation, grading or filling without the submission to the Zoning Officer of an
excavation, fill, and grading permit. Excavation, grading or filling of more than
10 cubic yards is subject to site plan approval. The Planning Board may seek
recommendations from the Town Engineer, and the associated cost shall be paid
for by the applicant. This provision is not applicable to projects with a valid
permit from a county, state, or federal agency; nor is it applicable to any projects
with current site plan approval.
(3) In addition to the requirements of this article, any construction, grading, or other
activities shall be conducted in accordance with any federal, state, or other local
law or requirement pertaining to such activity, including, but not limited to, any
requirements of the New York State Department of Environmental Conservation
and the United States Army Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent practicable to
minimize erosion from cuts and fills.
(5) In Unique Natural Areas and/or Steep Slope Overlay areas that are subject to site
plan review, the following standards apply:
a. The Planning Board may require the developer to submit an erosion and
sediment control plan, the contents of which are specified in the New
York State Department of Environmental Conservation SPDES General
Permit for Stormwater Discharges from Construction Activity.
b. Erosion and sediment control practices shall be consistent with
requirements of the New York State Department of Environmental
Conservation SPDES General Permit for Stormwater Discharges from
Construction Activity. A permit is generally required for construction
activities that disturb one or more acre of land.
c. The recommended technical standards for erosion and sedimentation
control are detailed in the “New York Standards and Specifications for
Erosion and Sediment Control” published by the Empire State Chapter of
the Soil and Water Conservation Society, as revised.
d. The development plan should be consistent with the topography, soils,
and other physical characteristics of the site so as to minimize the erosion
potential and avoid disturbance of environmentally sensitive areas.
e. Existing vegetation on the project site should be retained and protected as
much as possible to minimize soil loss from the project site. (This will
also minimize erosion and sediment control costs.)
f. Erosion and sediment control measures should be constructed prior to
beginning any land disturbances. All runoff from disturbed areas should
be directed to the sediment control devices. These devices should not be
removed until the disturbed land areas are stabilized.
g. The timing and sequence of construction activities shall expose the
smallest practical area of land at any one time during the development.
Temporary vegetation and/or mulching should be used to protect critical
areas. Permanent vegetation shall be established as soon as practicable.
Construction will not be considered complete until all disturbed areas are
successfully seeded or stabilized with erosion control materials
E. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or
walkways in unique natural areas or slope overlay areas, site plan review
procedures shall be followed, and the Planning Board may seek
recommendations from a licensed engineer selected by the Town and paid for
by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid the
necessity for drivers to back their vehicles onto roads.
(2) Recommendations.
(a) Semi-pervious and pervious surfaces for driveways and parking areas are
encouraged to minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a combination of
pervious and impervious surface materials as needed to provide for safe passage
of traffic and to minimize the total area of impervious surface which would
contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as much as
possible.
(d) Excavation and regrading of slopes for parking areas should be minimized.
F. Limitations on subdivision of parent tracts.
(1) Any tract or parcel of land in common contiguous ownership at the time of the
creation of this zone on December 17, 2013, subject to other normally applicable
subdivision laws and regulations, may be subdivided to create up to and not more
than 3 lots.
SECTION 4. The definition section 212-22 of the Ulysses Zoning Law is amended to insert a
new definition of “Building Footprint” as follows:
“Building Footprint: The area of a lot or site included within the surrounding exterior walls of a
building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior
walls, the building footprint shall be the area under the horizontal projection of the roof. It includes
garages, carports and porches open at the sides but roofed, and accessory structures if attached to
the primary residence, but not trellises, patios, and unroofed areas of porch, deck, and balcony.
Accessory Dwelling Units attached to a primary residence shall not be considered a part of the
primary residence’s footprint.”
SECTION 5. SEVERABILITY. If any part or provision of this Local Law or the application
thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part or provision or application directly
involved in the controversy in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this Local Law or the application thereof to other persons
or circumstances. Any prior inconsistent Local Law is hereby repealed and superseded.
SECTION 6. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing in
the office of the New York State Secretary of State in accordance with section 27 of the Municipal
Home Rule Law.
Reserve Reestablishment OutlineAsset Account CodeFund Balance Account CodeToU Intended PurposeBalance as of 8/7/2020Board ActionPermissive Referendum Needed at ReestablishmentPermissive Referendum Needed to AppropriateA231 A815Unemployment payments in the event a worker is laid off or if budgeted amount is incorrect$8,316Reestablishment via resolution No NoA232 A827For when the actual retirement contribution exceeds the state estimate.$19,795 Reestablishment via resolution No No; resolution neededA233 A867When an employee retires or is separated from employment and is eligible for benefits per our personnel policy. This technically should be recalculated during every budget season as it should match our current liability.$13,041 Reestablishment via resolution No NoA234 A878Capital projects such as the sidewalk in front of town hall, solar panels, new buildings, new property$31,000 No action needed, re‐establishment in 2017 NA due to the fact that it was already re‐established; however, a permissive referendum is NOT required for establishment.YesA235 A882Funds to repair Town Hall or Town Barns. Examples: new floor, roof, painting, etc $47,112 Reestablishment via resolution No See below note regarding all repair reserves.A237 A880See OSC parameters$4,018 Reestablishment via resolution Yes No; resolution neededRecreation$23,584Audit$8,300Legal work over what is in budget$6,027For Youth Commission.$3,644Energy projects$10,046B230 B815Unemployment payments in the event a worker is laid off or if budgeted amount is incorrect$5,023Reestablishment via resolution No NoB231 B879This reserve was started via passing the budget but was never formally created. The intended use is to save money for the replacement of the B fund Code/Planning vehicle.$5,023Establishment via resolution Yes NoLast Updated: 8/9/2020Reserve TitleAReserve ‐ UnemploymentReserve ‐ Retirement ContributionReserve ‐ Employee Benefit Accrued LiabilityBackground information regarding assigned funds per 8/7/20 conversation with Duane Shoen from Insero: assigned funds like these are allowable in the A Fund (i.e the General Fund), they are less formal in terms of structure and may be used at the Town Board's discretion.A236 A915A915.2 ∙ Assigned Funds ‐ RecreationReserve ‐ Capital (Type)Reserve ‐ Building RepairReserve ‐ Tax StabilizationA915.3 ∙ Assigned Funds ‐ AuditA915.4 ∙ Assigned Funds ‐ LlA915.5 ∙ Assigned Funds ‐ YouthA915.6 ∙ Assigned Funds ‐ EnergyReserve ‐ UnemploymentReserve ‐ Capital (Specific)B
B232 B878For capital projects outside the village such as sidewalks, code enforcement vehicle, initial work for water district formation (such as map, plan and report)$39,961No action needed, re‐establishment in 2017 NA due to the fact that it was already re‐established; however, a permissive referendum is NOT required for establishment.YesB234 B867When an employee retires or is separated from employment and is eligible for benefits per our personnel policy. This technically should be recalculated during every budget season as it should match our current liability.$18,589Reestablishment via resolution No NoDA233 DA878Highway Department equipment purchases$189,452None: re‐established in July of 2020NA due to the fact that it was already re‐established; however, a permissive referendum is NOT required for establishment.YesDA231 DA882In case of extreme winter weather, extra funding to cover over‐budget costs$37,560Reestablishment via resolution No YesDA232 DA883Repair or replacement of bridges$280,427Reestablishment via resolution No See below note regarding all repair reserves.DBDB230 DB878Unexpected road maintenance or replacement$62,360Reestablishment via resolution NoYesSW1SW1‐230 SW1‐882For repairs for water district serviced by the Village DPW.$2,316Reestablishment via resolution NoSW2SW2‐230 SW2‐882For repairs for water district serviced by the Village DPW.$202Reestablishment via resolution NoSW3SW3‐230 SW3‐882Repairs to water district due to wear and tear, recommended replacement of equipment, equipment to perform repairs, or to be in compliance with health department or other regulations. $30,105Reestablishment via resolution NoSW4SW4‐230 SW4‐882For repairs for water district serviced by the Village DPW.$1,009Reestablishment via resolution NoYes; note regarding appropriation of all repair reserves (besides Snow & Ice): to expend from a repair reserve a resolution is needed subject to public hearing; emergency appropriation allowable by resolution subject to other parameters (half of emergency appropriation paid back within the fiscal year with the balance paid by the end of the following fiscal year).Reserve ‐ Repair: BridgeReserve ‐ Capital (Type)Employee Benefits and Accrued LiabilityReserve ‐ RepairsReserve ‐ RepairsBReserve ‐ CapitalReserve ‐ RepairsReserve ‐ RepairsDA"Equipment Reserve" (Type Capital)Reserve ‐ Repair: Snow & Ice