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HomeMy WebLinkAbout2013-09-25-PH 1 1 PUBLIC HEARING 2 3 TOWN OF ULYSSES 4 5 6 REGARDING LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT 7 ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3 - C 8 9 HELD ON SEPTEMBER 25 , 2013 AT 6 : 45 PM 10 HELD AT ULYSSES HISTORICAL SOCIETY 11 39 SOUTH STREET , TRUMANSBURG , NEW YORK 14886 12 13 14 APPEARANCES : 15 ELIZABETH THOMAS , Supervisor 16 MARSHA GEORGIA , Town Clerk 17 KEVIN ROMER , Board Member 18 DAVID KERNESS , Board Member 19 LUCIA TYLER , Board Member 20 NANCY ZAHLER , Board Member 21 MARIETTE GELDENHUYS , ESQ . , Town Attorney 22 23 HEARING REPORTER : SHAUNA M . POTTER 24 VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 2 1 MS . THOMAS : I ' m going to open the 2 public hearing for the local law override 3 to the tax levy limit established in 4 General Municipal Law . There are some 5 copies of this at the back . So I ' m just 6 going to say some opening remarks here . 7 Oh , let ' s see . I guess I actually have to 8 have a motion to open the public hearing . 9 MS . ZAHLER : So moved . 10 MS . THOMAS : A second ? 11 MR . KERNESS : Second . 12 MS . THOMAS : All in favor ? 13 MR . ROMER : Aye . 14 MS . ZAHLER : Aye . 15 MS . THOMAS : So welcome , everyone . 16 My name is Elizabeth Thomas and I am the 17 Supervisor of the Town of Ulysses , and I am 18 conducting tonight ' s public hearing on 19 behalf of the Town Board of the Town of 20 Ulysses . Before we begin , I ' d like to 21 introduce the other members of the Board : 22 Nancy Zahler here , David Kerness , Kevin 23 Romer , and Lucia Tyler will be joining us 24 and our attorney Mariette Geldenhuys as VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 :T 3 1 well . We ' ll introduce Darby later . You 2 don ' t get to be part of the tax cap . 3 The subject of this public hearing is 4 the proposed local law to override the tax 5 levy limit established by General Municipal 6 Law . Copies of the draft of the local law 7 containing the amendment are available by 8 the door . The date of this public hearing 9 was set by resolution of the Town Board on 10 September 10 , 2013 , our last meeting , and 11 notice of this hearing was published in the 12 Ithaca Journal on September 13th , 2013 . 13 The Town Board of Ulysses intends to 14 stay beneath the tax levy limit and has 15 done so since the tax levy limit was put 16 into law . The Town Board will work over 17 multiple meetings in October to finalize 18 the 2014 budget . Only when this budget 19 work is complete will we know if our budget 20 exceeds the tax levy limit , and at this 21 point , there is not enough time to file a 22 local law to exceed the levy limit should 23 it be necessary . So that ' s why so many ' 24 municipalities have passed the override in VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 4 1 advance of knowing the actual levy and tax 2 rate . 3 So the purpose of this public hearing 4 is to afford the general pub lic an 5 opportunity to make statements and comments 6 about this local law to allow for a smooth 7 and fair process and to ensure that 8 everyone who wants to speak can be heard . 9 This is not a question and answer session . 10 The hearing will remain open until 11 all members of the public who are present 12 at the hearing have been given an 13 opportunity to make statements or comments 14 on the proposed amendments . Sorry it was 15 on the proposed local law . 16 A stenographic transcript of this 17 hearing is being made . Comments presented 18 at this hearing will be taken into 19 consideration by the Town Board when it 20 considers action on the proposed law . The 21 Town Board may take action on this local 22 law tonight , and if not , on Tuesday , 23 October 8th , 2013 at the Town Hall of the 24 Town of Ulysses . If any change to this VERBATIM REPORTING & VIDEO (800) 368 - 3302 r . 5 1 schedule is needed , it will be discussed at 2 our further board meeting . 3 I request speakers sign in at the 4 sheet by the door and those wishing to 5 speak - - well , I ' m going say , ask to come 6 up to the board . What we really need is 7 for you to come up to this area - - 8 MS . GEORGIA : Or that area where the 9 stenographer is . 10 MS . THOMAS : Well , except we ' re 11 recording there . 12 MS . GEORGIA : So but that ' s more 13 important . 14 MS . THOMAS : If you can ' t hear , then 15 let us know . I can say probably if people 16 - - well , with this small crew , I guess I ' m 17 not too worried about it . 18 In order to allow everyone time to 19 speak , they ' ll be allotted three minutes to 20 make their comments . Speakers will be 21 given a signal when there is one minute of 22 their time that remains . I ask that each 23 speaker state your name and address . If 24 you are appearing as a representative of an VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 6 1 organization or governmental entity , please 2 identify the organization or entity and 3 state its address . Okay . 4 Next I will address some 5 administrative matters by asking the 6 stenographer to mark the following 7 documents as exhibits to the hearing 8 transcript . This is the public - - the 9 Notice of Public Hearing and that appeared 10 in Ithaca Journal on September 13th , and 11 then we gave you the proposed Local Law . 12 ( EXHIBIT NUMBERS 1 & 2 WERE MARKED 13 FOR IDENTIFICATION . ) 14 So now I ' d like to ask any speakers 15 to approach the Town Board that if you have 16 any statements to be made and please accept 17 the common rules of courtesy and public 18 decorum . Okay . Is there anyone that would 19 like to speak on the tax levy override ? 20 Popular subject . We ' ll leave it open for a 21 few minutes in case one of you changes your 22 mind . Board can decide - - if there or no 23 comments , then the Board can decide if we 24 - - at the end of the public hearing when we VERBATIM REPORTING & VIDEO (800) 368 - 3302 7 1 close it , if we want to , if we have time , 2 we can actually adopt the local law 3 tonight . So be thinking of that , if you ' d 4 like to , we can get that out of the way . 5 MR . KERNESS : Can we do it now ? 6 MS . THOMAS : We ' d have to close the 7 public hearing and open a special town 8 board meeting . 9 MS . GEORGIA : Although I did not 10 advertise the special town board meeting . 11 I didn ' t know you intended to vote . 12 MS . THOMAS : It doesn ' t matter if we 13 do it on the 8th . How long does it take to 14 file though with the state ? 15 MS . GEORGIA : The final meeting , the 16 next morning . I think you ' ve got lots of 17 time . 18 MS . THOMAS : There is a deadline for 19 it ? Someways I ' d rather get this going 20 through the state pipeline . We can go 21 through the process . If Mariette finds the 22 process was flawed , we can do it again on 23 the 8th . How long do you want to leave 24 this open , other members , because we VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 8 1 apparently don ' t have any comments . Is 2 there any comment on this ? 3 MS . ZAHLER : I guess I ' d only ask how 4 long does it take to drive from the town 5 hall here in case someone went to the other 6 location ? 7 MS . THOMAS : Minute maybe . 8 MR . KERNESS : Three minutes . He went 9 to the Town hall and he went to the 10 village . 11 MS . ZAHLER : He get ' s the 12 perseverance award . 13 MR . KERNESS : Seven o ' clock . 14 MS . THOMAS : We have to start the 15 other public hearing at seven . 16 MR . KERNESS : Let ' s do this one until 17 seven . 18 MS . THOMAS : And not pass the 19 override ? We can close the public hearing 20 now and then - - 21 MR . KERNESS : All right . Let ' s do 22 that . I ' m sorry . 23 MS . THOMAS : Okay . Do I have a 24 motion to close the public hearing ? VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 9 1 MR . KERNESS : So move . 2 MS . THOMAS : Second ? I ' ll second . 3 All in favor ? 4 BOARD MEMBERS : Aye . 5 MS . THOMAS : Any objections or 6 abstentions ? So the public hearing is 7 closed . 8 9 10 C E R T I F I C A T I O N 11 12 I hereby certify that the proceedings and 13 evidence are contained fully and accurately in the 14 notes taken by me on the above cause and that this 15 is a correct copy of the same to the best of my 16 ability . 17 18 Shauna Potter 19 20 SHAUNA M . POTTER 21 22 23 24 VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 1 1 PUBLIC HEARING 2 3 TOWN OF ULYSSES 4 5 REGARDING LOCAL LAW TO AMEND THE 6 NONCONFORMING USE PROVISIONS OF THE ZONING LAW 7 8 9 HELD ON SEPTEMBER 25 , 2013 AT 7 : 00 PM 10 HELD AT ULYSSES HISTORICAL SOCIETY 11 39 SOUTH STREET , TRUMANSBURG , NEW YORK J 12 13 14 APPEARANCES : 15 ELIZABETH THOMAS , Supervisor 16 MARSHA GEORGIA , Town Clerk 17 KEVIN ROMER , Board Member 18 DAVID KERNESS , Board Member 19 LUCIA TYLER , Board Member 20 NANCY ZAHLER , Board Member 21 MARIETTE GELDENHUYS , ESQ . , Town Attorney 22 23 HEARING REPORTER : SHAUNA M . POTTER 24 VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 2 1 MS . THOMAS : It ' s 7 o ' clock , and for 2 those of you who were already here for the 3 first public hearing , I ' m afraid you ' re 4 going to hear the repetition , but those of 5 you who have just joined us , I will say 6 that I ' m making a motion to open a second 7 public hearing of the evening , and my name 8 is Elizabeth Thomas . I ' m the Supervisor of 9 the Town of Ulysses and conducting 10 tonight ' s public hearing on behalf of the 11 Board of the Town of Ulysses . 12 Before we begin , I ' d like to 13 introduce the other members of the Board . 14 We do have everyone here now , Lucia Tyler , 15 Nancy Zahler , David Kerness , Kevin Romer , 16 Marsha Georgia , our clerk , Darby Kiley , our 17 planner . So the subject of this public 18 hearing is proposed local law to amend the 19 nonconforming use provisions of the Town of 20 Ulysses Zoning Law . Copies of the draft 21 local law containing the amendments are 22 available by the door . The date of this 23 public hearing was set by resolution of the 24 Town Board on September 10th , 2013 and VERBATIM REPORTING & VIDEO (800) 368 - 3302 I 4 3 1 notice of this hearing was published in the 2 Ithaca Journal on September 10 , 2013 . 3 So now Darby Kiley , our Planner for 4 the Town of Ulysses , is going to briefly 5 summarize the proposed zoning law 6 amendment . 7 MS . KILEY : Right . Town of Ulysses 8 Zoning Law includes Article 20 9 nonconformance , and we ' ve run into some 10 confusion over the years with the language 11 that ' s in the existing local law . So we ' ve 12 proposed a new section that will take out 13 all of Article 20 and replace it with 14 what ' s in the proposed local law . So there 15 are copies of it on the back if you would 16 like to see the exact language . We ' ve done 17 two public information meetings on this 18 already . So I ' m just going to briefly 19 touch on each of the sections addressed . 20 Section 20 . 1 covers nonconforming 21 buildings or structures , and that ' s where 22 the structure is built prior to zoning or 23 in a prior zoning that now would not be 24 allowed to be built because of the lot VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 4 1 dimensions or other lot requirements . Then 2 there are some provisions associated with 3 that with whether or not it can be enlarged 4 or what kind of maintenance can be done , 5 what happens if there are - - if it ' s either 6 destroyed by natural causes or voluntarily 7 demolished . 8 Section 20 . 2 addresses nonconforming 9 uses of land and nonconformi ng uses of 10 building and structures so that ' s where the 11 use or occupancy , whether commercial or 12 residential , is not allowed under the 13 current zoning or if it was a previous use 14 that is no longer included in that district 15 of the zoning law and then there are a 16 number of provisions associated with that 17 about enlargements and also destruction of 18 the facilities . So that goes into details 19 on the uses . 20 Section 20 . 3 talks about dwellings on 21 nonconforming lots . So there are many lots 22 that have existed prior to zoning or zoning 23 has changed and now requires a larger size 24 lot than the house is currently on . So it VERBATIM REPORTING & VIDEO (800) 368 - 3302 5 1 says the house can be added on to , but it 2 just can ' t enlarge - - it just can ' t violate 3 the nonconformance . So you just can ' t add 4 on where there already is a nonconformity 5 on the lot . n +i 6 Section 20 . 4 just talks about the 7 continuance of construction . If you 8 already have a building permit and started 9 building the building , and the zoning 10 changes , you are allowed to continue to 11 build that structure . 12 20 . 5 addresses restoration which is 13 referenced earlier in the section . And so 14 this goes into the details of being able to 15 rebuild if the structure is destroyed by 16 natural causes or voluntary demolition , and 17 that it needs to be in a same footprint and 18 same height prior , as it was prior to the 19 destruction and needs to be completed in 20 two years and used in the same way it was 21 prior to the loss . Then there are time 22 limits set there . We increased that . We 23 had a two year time limit in the previous 24 section , and then it just talked about we VERBATIM REPORTING & VIDEO (800) 368 - 3302 6 1 need to ask for an extension prior to the 2 expiration of that two year period . 3 And then 20 . 6 and 20 . 7 both talk 4 about how any decision can be appealed 5 through the board of zoning appeals and the 6 criteria that they would use for making 7 their determination . That ' s it . 8 MS . THOMAS : Okay . The purpose of 9 this hearing is to afford the general 10 public an opportunity to make statements 11 and comments about the proposed amendments 12 to Town of Ulysses Zoning Law . So to allow 13 for a smooth and fair process , and to 14 ensure everyone who wants to speak can be 15 heard , this will not be a question and 16 answer session . At two previous Town Board 17 meetings there were presentations about the 18 proposed amendments to the Zoning Law by 19 our planner and opportunities for the 20 public to ask questions . 21 So the hearing will remain open until 22 all members of the public who are present 23 at the hearing are given an opportunity to 24 make statements or comments on the proposed 0 VERBATIM REPORTING & VIDEO (800) 368 - 3302 I 7 1 amendments . 2 A stenographic transcript of this 3 hearing is being made . Comments presented 4 at the hearing will be taken into 5 consideration by the Town Board when it 6 considers action on the proposed law . The 7 Town Board is currently scheduled to take 8 action on this proposal on Tuesday , October 9 8th at the Town Hall , Town of Ulysses . If 10 any change to the schedule is needed , it 11 will be discussed at another board meeting 12 after that date . 13 Written comments can with submitted . 14 Written comments submitted prior to the 15 public hearing will be considered by the 16 Town Board , and the Town Board will also 17 accept and consider additional written 18 comments received at the Town Clerk ' s 19 Office , Ulysses Town Hall , 10 Elm Street , 20 Trumansburg , New York 14886 no later than 5 21 p . m . on Tuesday October 1st , 2013 . 22 So I request that speakers , if you 23 haven ' t already signed in at the door , 24 please do . Those wishing to speak are VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 8 1 asked to approach . Our recorder is over 2 here so if you can be somewhere near that 3 tape recorder , that would be great . In 4 order to give everyone an ample opportunity 5 to speak , each speaker will be allotted 6 three minutes to make their comments . 7 Speakers will be given a signal when one 8 minute of their time remains . In order to 9 ensure an accurate transcript , and to 10 enable all assembled to hear your remarks , 11 I ask each speaker state your name , address 12 and if you are representing an organization 13 or governmental entity , please identify 14 that organization or entity , and state its 15 address . 16 Next I will address some 17 administrative matters by asking the 18 stenographer to mark the following 19 documents as exhibits to the hearing 20 transcript . This is the public notice that 21 appears in the Ithaca Journal - - that 22 appeared in the Ithaca Journal on September 23 13th , and the proposed Local Law . Will you 24 pass that down to the stenographer ? That VERBATIM REPORTING & VIDEO (800) 368 - 3302 It 9 1 would be great . 2 ( EXHIBIT NUMBERS 1 & 2 WERE MARKED 3 FOR IDENTIFICATION . ) 4 So now I ' d like to invite speakers to 5 approach the table one at time , and in 6 making your comments , please observe the 7 common accepted rules of public decorum and 8 respect the rights of others who remain 9 different in viewpoints . So would someone 10 like to come and speak ? Anyone ? 11 MR . SMITH : All right . My name is 12 Don Smith . I live at 1329 Taughannock 13 Boulevard . I ' d like to thank the Board for 14 the development . I perceive it to be 15 improved law . I was also pleased to note , 16 I reviewed , took a chance to review some of 17 the surrounding communities on 18 nonconformance law . I see this is more 19 protective of our property rights . I 20 appreciate it . Thank you . 21 MS . THOMAS : Anyone else ? Is it 22 proper protocol to wait and see if anyone 23 else decides to speak ? 24 MS . GELDENHUYS : Leave it open for VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 10 1 four , five minutes or so . 2 MS . THOMAS : This is the awkward 3 time , waiting to see if something happens . 4 Anyone changes their mind and wants to 5 speak , feel free to get up and do what you 6 wish . 7 ( OFF - THE - RECORD DISCUSSION ) 8 MR . ROMER : I make a motion to close 9 the meeting . 10 MS . THOMAS : Can you repeat that so 11 everyone can hear ? 12 MR . ROMER : I say since we ' ve waited 13 15 minutes with one comment , I make a 14 motion we close the meeting . 15 MR . KERNESS : Second that . 16 MS . THOMAS : So there ' s been a motion 17 to close the public hearing and a second . 18 All those in favor ? 19 BOARD MEMBERS : Aye . 20 MS . THOMAS : Any objections or 21 abstentions ? So the public hearing is now 22 closed . It is 7 : 15 . 23 24 VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 t .. 11 1 C E R T I F I C A T I O N 2 3 I hereby certify that the proceedings and 4 evidence are contained fully and accurately in the 5 notes taken by me on the above cause and that this 6 is a correct copy of the same to the best of my 7 ability . 8 9 Shauna Potter 10 11 SHAUNA M . POTTER 12 13 14 15 1/ 16 17 18 19 20 21 22 23 24 VERBATIM REPORTING & VIDEO ( 800) 368 - 3302 r C ! I