HomeMy WebLinkAbout2013-12-17-WTBTown of Ulysses
Working Town Board Meeting
December 17, 2013
Audio available at http://www.ul, sy ses.ny.us/council/tbmeetings/
Present: Supervisor Elizabeth Thomas; Councilpersons Lucia Tyler, Nancy Zahler, David Kerness, and
Kevin Romer; Environmental Planner Darby Kiley; Town Clerk; Marsha Georgia; and Attorney Mariette
Geldenhuys.
Others Present: Judy Abrams, John Hertzler, Don Hartill, Tim & Betsy Fallon, Ken & Jan Zeserson,
Rebecca Schneider, Reporter Rob Montana, C. Indelicate, George Breuhaus, Heinz Riederer, Nancy Cool,
Joyce Leslie, Lawrence McCann, Cheryl Chambers, Gail Flannery, Mr. and Ms. DelRosso, Mary Pat
Dolan, Barbara Anger, Mary Shelly, Richard Evans, Robert Thomas, and Richard Goldman.
Supervisor Thomas called the meeting to order at 7:00 PM.
APPROVAL OF AGENDA
Ms. Thomas moved, seconded by Mr. Kerness the following:
agenda.
BE IT RESOLVED that the Town Board of the Town of Ulysses add the following to tonight's
Add Resolution to appoint alternate Records Access Officer
Ms. Thomas has an announcement
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
aye
Adopted
PRIVILEGE OF FLOOR
Rebecca Schneider said she knows it is the end of the year and there will be a lot of changes but she
wanted to thank Marsha Georgia for all her years and years of work and it will be a big change for us but
you have done decades of work for the Town and we and appreciate that. Also Ms. Schneider thanked Ken
Zeserson who has served as Chairman of our Planning Board for seven straight years and led us through
thousands of meetings and thousands of hours of volunteer time.
Tim Fallon read the following statement:
We are presenting herewith protest petitions under Town Law 265(1) with regard to the proposed
amendment to the Town of Ulysses Zoning law for Article IX -LS - Lakeshore District.
Based on this petition the Town Law requires that the amendment requires the approval of at least
three fourths of the members of the Town Board.
Working Town Board Meeting 2
December 17, 2013
Thank you for your consideration of this protest petition and the reasons behind it.
Note**Copy of petitions on file in the Clerk's office.
Judy Abrams read statement as follows:
My name is Judy Abrams. I was born in Ithaca, and I have lived in the area most of my life. I
have lived in almost every direction from the city of Ithaca including downtown Ithaca, Collegetown,
Brooktondale, Freeville, Danby, Enfield, and Trumansburg. For the past 15years Ihave hadthe
amazing good fortune having a summer cottage on the beautiful place I have ever lived.
Although zoning has clearly been a contentious issue for Ulysses, Ithink we can all agree that we
need to protect our lake. When Iwas a child you could swim at Stewart Park. Infact, one of my
husband's first j obs was being a lifeguard at Stewart Park. As we all know, the southern end of Cayuga
Lake has violated the Clean Water Act for 15 years and has been designated as impaired. The southern
end ofthe lake has massive algae and aquatic weed growth every summer.
Swimming has not been allowed at Stewart Park since the 1960s due to pollution and turbidity.
The lake has faced more and more threats inthe past 15 years. Many people in this room have
worked to mitigate these dangers. The garbage trucks that used to speed up Route 89 that could easily
have caused toxic spills into the lake, and are still a problem on other roads. Most Ulysses residents are
against allowing hydrofracking in our town, and Ithink everyone can agree that if fracking is approved
it would certainly put more stress on the lake. More and more invasive species threaten the lake itself.
Zebra mussels have changed our lake forever. If we don't get control over Hydrilla, it will choke our
waterways, ruin boating and fishing,kill wildlife, and destroy the value of our lakeshore properties.
Hemlock wooly Adeglid has already infested the hemlocks along the lakeshore and is moving up the
hills. If its spread is not checked all of our hemlocks will die, denuding our gorges and causing massive
erosion. We have all seen the rapid growth of aquatic weeds in the lake due to increased nutrients in our
waters.
Our lake needs protection, and the protection needs to start with better zoning. There must
be some constraints on what is allowed. We need a conservation zone to protect the filtering action
of the forests and we need to protect the creeks that run into the lake from pollutants and from
erosion. It has been shocking to see more than 8 acres of forest bordering Rt 89 clear-cut in the past
month. If zoning is not rapidly approved, there is no protection from further clear -cutting.
The zoning regulations that have been proposed are reasonable. They have been
formulated over the average of the past 6yemThere have been at least 40 public meetings on this
issue. Now is the time to act. Ifwe put this zoning off, and endlessly debate these issues, the lake
will suffer and we will all be the poorer for it.
Iwould like to thank all the people who have worked on this issue, and all the people who
have given their opinions and helped to shape the final zoning recommendations.
George Breuhaus read a statement as follows:
I would liketo address three pointsto the Town Council tonight:
Working Town Board Meeting 3
December 17, 2013
First: The change from Zoning Officer back to Code Enforcement Officer as the grantor,
and presumed enforcer, of future Building Permits is not "insignificant" as Supervisor Thomas
stated at last week's Council meeting. It is neither a "typo" nor in an inadvertent misspelling of a person's
position. In fact,if one listens to the audio of at least three public meetings including the Public
Information Meeting and the Public Hearing, specific reference was made to highlight the proposed
change for building Permit issuance from Code Enforcement Officer to Zoning Officer. This was
deliberate and premeditated!
Second: Supervisor Thomas stated at last week's meeting that she was, in some cases
paraphrasing the Public comments received so that she could respond to theml don't believe
that any comment was totally read nor was it attributed to the specific author and their address. I
would request that ALL public comments be scanned and posted on the Town website, so that the
residents have the ability to see if Supervisor Thomas' stated response was indeed accurate and correct
, or whether liberties and inaccuracies formed the basis of the town response. I would also like to
know how many non-residents made comments regarding the proposed zoning changes.
Third: I would like to formally submit a petition from residents of the proposed
Conservation District, and from the Ithaca Yacht Club for the proposed Marina District,
requesting that any affirmative vote to amend the Town of Ulysses Zoning Law be passed by more
than three quarters of the Town Council. Petitions handed to the Board and the Clerk. (Copies of petitions
on file in the Clerk's office.)
Mr. Breuhaus presented two petitions:
Marina District:
To Town Council of the Town of Ulysses:
We are presenting, herewith, protest petitions under Town Law 265(1) with regard to the proposed
amendment to the Town of Ulysses Zoning Law for Article XVI -M — Marina District.
Based on this petition, signed by the incoming Commodore of the Ithaca Yacht Club, the sole property
owner in the proposed Marina District, the Town Law requires that the amendment be approved by at least
three fourths of the members of the Town Council.
Thank you for your consideration of this protest petition and reasons for it.
Conservation District:
To Town Council of the Town of Ulysses:
We are presenting, herewith, protest petitions under Town Law 265(1) with regard to the proposed
amendment to the Town of Ulysses Zoning Law for Article X -CD — Conservation District.
Based on this petition, signed by residents in the proposed Conservation District, the Town Law requires
that the amendment be approved by at least three fourths of the members of the Town Council.
Thank you for your consideration of this protest petition and reasons for it.
Working Town Board Meeting 4
December 17, 2013
(Copies of Petitions on file in the Clerk's Office)
Heinz Riederer read the following statement:
Conflict of Interest -David Kerness
David Kerness is a municipal officer. He is subject to the Town of Ulysses Code of Ethics.
Section 3(H) of the Code requires a member of the Town Board to publically disclose, on the
record, the nature and extent of any direct or indirect financial or other private interest in proposed
legislation before the Board.
Mr. Kerness's wife owns property in the Town of Ulysses in the proposed Lakeshore District.
Accordingly he has at least an indirect financial interest, if not a direct financial interest as well as a
private interest.
Under Section 3 (H) of the Code he must recuse himself when faced with this conflict. Section
3 (H) provides that he may not deliberate, vote or participate in any way in such matter.
Mr. Kerness has been a vocal proponent of the zoning amendments when he should have
recused himself and he must do so now.
Mary Pat Dolan read the following statement:
Hello,
My name is Mary Pat Dolan and I live at 109 Maplewood Road.
I have been somewhat reluctant to speak tonight — and other nights because my husband is a
member of this board and has been so involved in the zoning issue before didn't say something at this
critical juncture given how strongly I believe in its importance.
The article on the front page of this morning's Ithaca Journal citing a significant donation to the
Finger Lakes Land trust reminded me of a conversation that took place several years with its Executive
Director several years ago & the members of the Board of the Community Foundation of which I was
then one.
Mr. Zepp had a slide presentation for that Board about the work of the land trust and showing
locales — one a neighbor to our west- where the lack of zoning had allowed virtually unfettered
development that marred not only the vista of the lake but likely its long term health as well. And I
particularly remember one thing he said during the discussion ... that the political will of members of
local government bodies would be the lynchpin that decided the future of much ofwhat we love in the
Finger Lakes.. protecting these precious bodies of water that are unique to the planet.. not just our
state; protecting what goes on their shores and into their watersheds; insuring sane development
that sees to it that these resources are available for all the people -not solely those with great resources;
and to insure that they are husbanded for the long haul not just for today and tomorrow.
I am not as articulate as Andy Zepp, but the "whys" he talked about are the ones I believe are
essential and why I hope so strongly that you move these zoning changes forward.
Working Town Board Meeting 5
December 17, 2013
Ithas taken courage to get to this point; it takes courage to vote something that is not
universally popular especially in the face of loud and protracted opposition, but I have seen the
many yearlong process and deliberations to get to this point quite closely. I know how serious minded it
has been. And I hope that in 1000 years someone is lucky enough to sit on the shore of a still pristine
Cayuga lake and environs that still contain large swaths of natural beauty. If that comes to pass, I also
believe it will be in significant measure because ofwhat action you take tonight.
Thank you for your thoughtful work and for the opportunity to speak with you.
Lawrence McCann
1.) Town Board member, Dave Kerness has a conflict of Interest and must recuse himself from this
matter (meaning not taking part in deliberations or a vote) or at the very least abstain from voting due to his
residence on the lake, owned by him or his wife, in part of the rezoned land. Even if he does not own the
property himself, he lives there, and uses that address to hold his seat on the Town Board.
2.) In as much as more than 10 acres is affected by this action, it is clearly a Type 1 action under
SEQR and should be treated accordingly. Impacts under SEQR include actions that impinge on use and
enjoyment of property.
3.) I too wish to protect Ulysses. My Op-ed in Monday's Ithaca Journal is the most
recommended Viewpoint in the Ithaca Journal. I have received comments, phone calls, emails and
visits in support. I have heard from not just Ulysses residents, but Tompkins County residents, as well. My
son tells me it has gone "Viral", tweeted et cetera. They all ask why the rush. We are not asking you to
"endlessly" put this off, just to democratically give us time to create a proper, fair zoning law.
Greg Reynolds said that he is really concerned with agriculture and the restriction. The intention of the
Comprehensive Plan was to promote agriculture, historic nature and views of the Town. So why include
restrictions in the Lakeshore Zoning and Conservation Zone. A resident is being taken to task by the Town
for having sheep in a residential area. Mr. Reynolds showed a picture that shows it is not very residential.
Mr. Reynolds says he has buffalo and he is afraid he will be the next one to be approached to get rid of
them. He worries about this in the long term. His family has no assurances after you pass this law he will
be able to continue. The proposed action will have a negative impact on agriculture and will make
agriculture so expensive to hang unto because the people holding it will want to sell to very large farms and
push out the small farmers. The people with the large farms can hire the best to get their variances to fight
the zoning. We should not focus on things that may happen but focus on what is happening.
OLD BUSINESS
Local Law #3 of 2013 to Amend the Town Of Ulysses Zoning Law
Consider General Municipal Law (GML) section 239 Review
The Town has received the 239 1&m review from Tompkins County Planning with their comments,
suggestions and recommended one modification which is: That communications transmission towers and
telecommunications facilities be eliminated from the Marina District as a permitted use, because the district
falls within several distinctive view sheds noted in the 2007 Tompkins County Scenic Resources Inventory.
The Board considered this recommendation and concluded that the requirements for communication
Working Town Board Meeting 6
December 17, 2013
transmission towers and Telecommunications Facilities set forth in Article XXII of the Zoning Law as
amended sufficiently address aesthetic and environmental considerations.
SEOR Determination
The Town Board reviewed the Full Environmental Assessment Form Part 1, Part 2 and Part 3 prepared
and presented by Darby Kiley, Environmental Planner. After its review thereof, the Board had no further
comments. MG
Darby Kiley Environmental Planner reviewed the Full Environmental Assessment Form Part 1, Part 2 and
Part 3 that she complied. The Board had no comments or recommendations.
Ms. Thomas moved, seconded by Ms. Tyler the following resolution:
RESOLUTION OF THE ULYSSES TOWN BOARD MAKING SEQR DETERMINATION FOR
LOCAL LAW NO. 3 OF 2013 THE TOWN OF ULYSSES ZONING LAW REVISION
WHEREAS, this action is the adoption of a Local Law to amend the Town of Ulysses Zoning
Law; and
WHEREAS, this as a Type I action for which the Town of Ulysses Town Board is Lead Agency in
an environmental review with respect to the enactment of the proposed local law; and
WHEREAS, the Town Board, at a public meeting held on December 17, 2013, has reviewed and
accepted as adequate the Full Environmental Assessment Form (FEAF), Parts 1, 2 and 3 for this action;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town of Ulysses Town Board hereby makes a negative determination of
environmental significance in accordance with New York State Environmental Quality Review Act for the
above referenced action as proposed, based on the information in the FEAF Part 1 and for the reasons set
forth in the FEAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required.
Ms. Thomas asked the Clerk to conduct a roll call vote. Ms. Georgia called the vote as follows:
Ms. Zahler
aye
Ms. Thomas
aye
Mr. Kerness
aye
Mr. Romer
aye
Ms. Tyler
aye
Adopted
Consider Adoption of Local Law No. 3 of 2013
Ms. Thomas moved, seconded by Ms. Tyler the following resolution:
RESOLUTION OF THE ULYSSES TOWN BOARD APPROVING LOCAL LAW NO. 3 OF 2013
THE TOWN OF ULYSSES ZONING LAW REVISION
Working Town Board Meeting 7
December 17, 2013
WHEREAS, the Ulysses Town Board ("the Town Board") adopted a Comprehensive Plan for
the Town on September 28, 2009; and
WHEREAS, the Town Board adopted Local Law No. 4 of 2007 on November 28, 2007, which
amended the Zoning Law of the Town of Ulysses previously adopted on August 30, 2005; and
WHEREAS, pursuant to page 1 of Article I of the Ulysses Zoning Law of 2007, the purpose of the
Zoning Law of the Town of Ulysses is, in part, to promote the health, safety, and general welfare of the
community, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to
provide adequate light and air, to prevent overuse of land, to avoid undue concentration of population, to
facilitate the adequate provision of transportation, water, sewerage, parks and to restrict and regulate
the size of buildings and other structures, the percentage of lots that may be occupied, the size of
yards, the density of population, and the use of buildings, structures and land for trade, industry, residence
or other purposes in order to preserve, foster and enhance the native beauty and rural character of one of the
most picturesque and charming communities in the Finger Lakes region of New York State; and
WHEREAS, the Town of Ulysses Zoning Law provides that "the regulations, restrictions and
boundaries set forth in this Zoning Law may be amended, supplemented, changed or repealed by the Town
Board pursuant to local law." (Town of Ulysses Zoning Law, Article II/Section 2.11); and
WHEREAS, the Town Board has determined that further amendment of the Zoning Law is
necessary to implement the objectives in the Comprehensive Plan and better achieve the purposes of the
Zoning Law; and
WHEREAS, the amendments to the Zoning Law include, but are not limited to, the following:
• Creation of a Lakeshore District;
• Creation of a Conservation District;
• Creation of a Marina District where the Ithaca Yacht Club currently operates;
• Revision of the provisions pertaining to Nonconformance;
• Revisions to Article III (Administration);
• Addition of several definitions in Article IV; and
• Correction of inconsistencies throughout the Zoning Law;
WHEREAS, the amendments to the Zoning Law are in accordance with the provisions of
the Comprehensive Plan, including the following objectives in the Comprehensive Plan:
• "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." (p. 19);
• "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." (p. 19);
• "Officially recognize and act to preserve the Unique Natural Areas defined in the Tompkins
County Environmental Management Council's Unique Natural Areas Inventory." (p. 20);
• "Review and revise 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." (p. 20);
Working Town Board Meeting 8
December 17, 2013
"Use the Future Land Use Plan to guide officials' decision-making as it relates to future
development." (p. 22); and
"Update the Town's Zoning Law to ensure consistency with the Future Land Use Plan," (p.
22), which includes a Lakeshore Area between Cayuga Lake and State Route 89 (p. 44) and
a Conservation Area that "includes the steeply sloping lands west of Route 89" (p. 47); and
WHEREAS, in 2008, the Town Board appointed the Planning Board to draft the Conservation
District language, which the Planning Board presented to the Town Board in September 2010; and
WHEREAS, in 2009, the Town Board formed a committee to draft the Lakeshore District
language, which was presented to the Town Board in September 2011; and
WHEREAS, in 2011, Town Board requested that the Planning Board review comments
and make revisions on the Conservation and Lakeshore drafts, which proposed revisions
were presented at a public information meeting in October 2012; and
WHEREAS, a public information meeting and public hearing on the Conservation and
Lakeshore Districts language were held on October 24, 2012, whereafter the Town Board
formed an ad hoc committee to review public comments that were submitted to the Town
Board and create a revised draft of the Lakeshore District language, whereupon the
committee worked on the draft from January to June 2013 and presented their recommendations to
the Town Board on June 25, 2013; and
WHEREAS, the Town Board reviewed the proposed Conservation District, Lakeshore
District and Marina District language commencing in July 2013, the Nonconformance
provisions commencing in August 2013, and the other revisions to the Zoning Law
commencing in November 2013; and
WHEREAS, a public information session on the proposed Local Law amending the
Town of Ulysses Zoning Law was held on November 18, 2013; and
WHEREAS, public hearings on the proposed amendment of Nonconformance Article of
the Zoning Law were held on September 25 and October 22, 2013, notice of such hearings were
published in the Ithaca Journal, the official newspaper of the Town and a newspaper of general circulation,
on September 13 and October 11, 2013 respectively, more than 10 days before the date of each public
hearing, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition
to said proposed amendments, or any part thereof; and
WHEREAS, a public hearing on the proposed local law amending the Zoning Law was
held on December 2, 2013, notice of such hearing was published in the Ithaca Journal, the
official newspaper of the Town and a newspaper of general circulation on November 21,
2013, more than 10 days before the public hearing, and all parties in attendance were
permitted an opportunity to speak on behalf of or in opposition to said proposed local
law, or any part thereof, and
WHEREAS, pursuant to General Municipal Law §239(1) and (m), on November 18,
2013, the Town submitted to the Tompkins County Planning Department a full statement
of the proposed amendments to the Town Zoning Law; the Tompkins County Planning
Working Town Board Meeting 9
December 17, 2013
Department sent a response on December 10, 2013 and recommended one modification:
That communications transmission towers and telecommunications facilities be eliminated from the
Marina District as a permitted use, because the district falls within several distinctive viewsheds noted in
the 2007 Tompkins County Scenic Resources Inventory; and
WHEREAS, the Town Board considered this recommendation and concluded that the
requirements for Communications Transmission Towers and Telecommunications
Facilities set forth in Article XXII of the Zoning Law as amended sufficiently addresses
aesthetic and environmental considerations; and
WHEREAS, in light of the Tompkins County Planning Department's recommendation
for amendment of the above -referenced provision, adoption of the amended Zoning Law
requires the vote of a majority of the Town Board members plus one (i.e., four votes);
and
WHEREAS, the Town Board considered the other comments of the Tompkins County
Planning Department; and
WHEREAS, three protest petitions objecting to this local law—one for the lakeshore
district, one for the marina district and one for the conservation district—were received
by the Town Board at 6:45 and 7:15 p.m. on this night of December 17, 2013, and the
Town Board has not had the opportunity to verify whether the petition was signed by the
owners of 20 percent or more of the land included in each of the proposed districts. If so,
the approval of at least three-fourths of the members of the Town Board would be needed for
passage of this Local Law on this basis. Additionally, the vote of four members is already required in light
of the above -referenced recommendation of the Tompkins County Planning Department; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act and its
implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I
Action for which the Town Board of the Town of Ulysses, acting as lead agency in an
environmental review with respect to adoption of this local law, has, on December 17,
2013, made a negative determination of environmental significance, after having reviewed and
accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3 prepared by Town Staff;
NOW, THEREFORE, IT IS HEREBY
RESOLVED that the Town Board of the Town of Ulysses hereby adopts Local Law No.
3 of 2013, and authorizes and directs the Town Clerk to file said local law with the New
York State Secretary of State as required by law.
Before calling the vote Ms. Thomas said that the Board members had statements to make.
Statements follow:
Lucia Tyler Statement
My reasons for voting for this law in a nutshell are protecting Cayuga Lake, preserving rural character
in the town and improving the zoning law through democratic process.
Protecting Cayuga Lake-
Working Town Board Meeting 10
December 17, 2013
It is a precious resource for drinking water, recreation, tourism and business. It is a resource for all in
Ulysses not just lakeshore property owners. The protection afforded by this zoning law will help preserve it
for future generations.
My first reason for voting for this zoning is my concern for Water Quality.
Over 50% of town residents take their drinking water from Cayuga either directly or indirectly.
The comprehensive plan mentions the importance of preserving water quality. Through my 2 years as
representative to the Water Resources Council I have learned that Cayuga lake may appear healthy on
the surface but it is not. It does not meet federal guidelines for phosphorus or for sediment.
Sediment is a problem for recreation and for functioning of drinking water pumps.
Phosphorus and nitrogen from runoff feed the growth of Hydrilla. Hydrilla has now been found outside
the inlet in the lake proper.
Studies from Cornell that I participated in as a lab manager have showed that heavy rain events wash
plant nutrients and toxic heavy metals into the lake.
Community Science Institute and others have shown pathogens flowing into the lake after heavy rains.
Heavy rain events have been more frequent in the past several years and are predicted to increase by
scientists studying global warming.
Uninformed development including certaintypes of clear -cutting and excavation cause erosion which
increases runoff of toxics and plant nutrients into the lake. Stream setbacks help reduce this erosion.
This is particularly true for the many steep slopes and thin soils in the proposed lakeshore and
conservation zone.
Trees and other vegetation lessen the erosion produced by heavy rainfall.
The zoning law gives both rules and guidelines to minimize this erosion and runoff that is harmful to
the lake.
My 2nd reason for voting for this zoning is preserving Rural Character.
Preserving rural character was an important goal of the comprehensive plan.
The plan identified areas for more development in the town around the village and the hamlet of
Jacksonville. At the same time the proposed conservation zone was identified for lesser development.
The lakeshore area is already fairly fully developed but there has been an increasing number of
teardowns and redevelopment of property over the last 10 years. Preserving the existing character there
will be a challenge even with this new zoning law.
Working Town Board Meeting 11
December 17, 2013
As oceanfront areas become more risky to develop due to ocean level rise, storms like hurricane Sandy
and lack offlood insurance, people in urban areas who want waterfront property recently have been
looking to the Finger lakes among other places.
My family has experience with urbanites moving to rural towns in coastal Massachusetts. Without
strong zoning in place, an area can change from rural character to denser suburban character in just a
few short years.
My 3rd reason to vote in favor of this resolution is Democratic Process.
Thousands of volunteer hours by many community members throughout the town went into the update
of the Comprehensive plan passed in 2009 after 3 years.
This Comprehensive plan is the basis for the new zoning law because residents throughout the town
worked on the development plan for the entire town. The survey (professionally done by Cornell's
CISER institute) had a 32% return rate town -wide which is considered outstanding. Professional
consultants with extensive experience in the Fingerlakes assisted with the process.
The Comprehensive plan complete with maps was used as a guide in formulating the lake -shore zone
and the conservation zone. The planning board, our planning staff and the town board reviewed the
zoning multiple times. The town planning staff was looking to correct some flaws in the present zoning
law. In fact the town board was ready to vote on the new zoning in fall of 2012 after 16 public
meetings, 2 public information meetings and a public hearing.
In the fall of 2012 the town board was nearly ready to bring the zoning amendments regarding the
conservation and lake shore zones to a vote. At that time, a small group of lake shore landowners, who
had formed an informal group they called the Ulysses Lakeshore Association raised concerns at our
board meeting. Soon after we held a public information meeting on the zoning amendments and it
became clear that there were many concerns, especially regarding docks and "grandfathering". Because
under the present zoning over 90% of the lakeshore property is non -conforming and this does not
change with the new zoning, the board recently passed revisions to the zoning to clarify "grandfather
rights" for non -conforming properties and uses. One member of the Ulysses Lakeshore Assoc. group
was included in yet another committee to study the provisions of the lakeshore zone. This committee
brought recommendations for changes back to the town board to consider carefully. The dock issue was
tabled by the board because authority for the law needed to be granted by the state legislature.
As the months went by, the comments from the public developed into two different groups. One group
had specific concerns that they wanted addressed and the town board considered these in deliberations
about the zoning law. It became clear that the other group was intent on "killing" the new zoning law no
matter what, because they believe that the zoning fundamentally violates their property rights.
As a counterpoint to that view, Iread the recent County planning department's 239 review of the law
with interest, because their general view was that the new law was not restrictive enough regarding
stream setbacks and cell tower locations. I feel confident that this law is sufficiently restrictive for now
and will protect the conservation zone and the lake -shore zone from egregious practices as we have
seen in recent months regarding clear cutting at 1286 Taughannock Blvd.
Working Town Board Meeting 12
December 17, 2013
Claimshavebeentre&d-atthisisanishedprocess. The board has now reached the point where it should take action
based upon over 3 years of work on the Comprehensive plan and 4 years of work on the zoning law
with the input of volunteers, planning staff, environmental professionals and the public. This has been
a participatory, democratic process.
For these reasons, Iplanto vote for this law.
Kevin Romer's Statement
Until recently, I have remained pretty quiet on this topic, I am sorry I did not speak up sooner. I was trying
to receive as much information as possible to make the best decision should I get to cast a vote. I am not
opposed to zoning. I am not opposed to lakeshore zoning changes. I am opposed to the process of this
proposed zoning change. Why?
• The hypocrisy of this board is overwhelming. The board has no issue in passing a resolution to
request additional time in the comment period for LNG issues or "fracking" issues. It is acceptable
for the town to ask for more time, but it is not acceptable for the residents of the town to ask for
more time.
• The integrity of this particular board, including the three that will be continuing should have lost all
integrity and public trust when the rules of the board were overturned by majority vote to allow
resolutions to be moved forward without the designated time frame. "If it doesn't work for us,
dispense with the rules"
• The public hearing that was held on 12/2 was purely to fulfill the legal obligation of allowing the
public to speak. Unfortunately, the majority of the board has already decided their vote, before the
public hearing was held.
• Current zoning issues within the town are still unanswered, zoning issues remain unresolved while
the town is seeking additional zoning regulations. We can't police the issues currently in place, so
we should add to them.
• Incoming board members should have the opportunity to decide on this issue. The incoming board
is who will have to deal with this issue, they should have a say ... or will it be easier to say "this is
the mess we inherited and it wasn't our fault."
• Promises made to allow those who are not year round residents to be heard have now been told
"you could have sent your comments in at any time".
• Continued misunderstanding by the residents of the proposed changes, maybe additional time might
resolve the issues. Look how far we have come... another 3, 4 or 5 months should not be an issue.
0 Many are still questioning "why the change ....... why the rush" ... and "why now"?
Working Town Board Meeting 13
December 17, 2013
• During public speaking time at board meetings, the threats of arrest or removal by law enforcement
or the general intimidation factor of police presence was uncalled for. It isn't the issue of police at
meetings but it is an issue of police at selected meetings and all without board approval.
At the 12/2 public hearing ... the comment made by one of the speakers..."I don't have a dog in this fight".
Is a "fight" really what the town wants or needs. Additional time for comment, review, input, smoothing
and re -introduce. Look at the progress that was made over the past 12-18mos... will it ever not be an issue, I
highly doubt it.
David Kerness Statement
I'd like to say a word of thanks for those volunteers who over the last 7 years gave of their time to develop
the Zoning we are deciding on today.
Starting with the Comprehensive Plan in April of 2006, a town wide survey designed, developed,
conducted and analyzed by Survey Research Institute at Cornell. The results formed the foundation for the
Comp plan and all activities that followed.
In early 2008 the Planning Board was asked to develop zoning regulations for the conservation
district. The next 30 months were spent researching conservation districts deliberating and discussing what
image would be appropriate for Ulysses. During that time there were over 20 meetings open to the public,
three public information meetings and two public hearings. In September 2010 the first draft was presented
to the Town Board. Keep in mind to reach this I" draft there were almost 1000 hours of research, meeting
discussion and language revisions.
Recognizing the burden put on the Planning Board the Town Board decided to set up a special
committee to focus on the lake shore district. This committee was set up with a resolution in 2009 with
their first meeting in February. Over the next 17 months this committee met and between meeting
deliberation, discussions and outside research, the individuals spent over 600 hours of their personal time to
develop the lake shore district zoning law. In May of 2011 the Planning Board was brought into the review
process and in June 2011 the Planning Board passed a resolution (unanimously) to recommend to the Town
Board to conduct a public information meeting. In January 2012 a comparison of the conservation/lake
shore districts was developed. In May 2012 Darby Kiley consolidated in -puts and presented to the Board
up -dates. The Board deliberated the in -puts, made changes and conducted a Public Information Session in
October 2012.
Resulting from the Public Information Session it was decided to form a second lake shore district
committee and in February 2013 the second group initiated reviews. Over the next 6 months and with
public in -put such as Peter Houghton, committee member took on special assignment to research and
brought their finding forward for discussions.
During this process there were well over 100 public meetings, 9 public information sessions and 6
public hearings. This exhaustive process included over 2000 hours of research, deliberation, and
discussion.
The individuals, who were committed to this process, giving of their time, can only be applauded
for the efforts and a big thank you.
Working Town Board Meeting 14
December 17, 2013
To Rod Hawkes, Don Smith, Rebecca Schneider, Don Wilson, Peter Fry, Ken Zeserson, John
Wertis, Krys Cail, Stan Beams, George Tselekis, Terry Cool, Alex, Robin and Darby thanks for all your
efforts and personal time working on these zoning law up dates.
Elizabeth Thomas statement:
I'd like to first address the Tompkins County Planning Department's 239 review of the proposed Ulysses
Zoning Local Law which recommended modifying the zoning in the Marina District to eliminate the
permitted use of communication transmission towers and telecommunication facilities. We feel Article
XXII of the proposed Ulysses Zoning Lawa stand alone section of the lawsufficiently outlines and
addresses aesthetic and environmental considerations, but also goes beyond, and sets forth requirements for
height, lots, access, parking and safety considerations.
This zoning revision indeed has been a very long process and I'd like to thank all those who have
volunteered their time to work on this zoning revision. Each person has dug into specific areas to provide
the best recommendation based on their research and observations. I'd like to formally thank the first
lakeshore zoning committee established on December 8, 2010 and whose work stretched to October 2011.
Each member brought their own individual expertise and unique perspective to the process.
The first version of the Conservation Zoning was drafted beginning in 2008 by the Ulysses Planning
Boarda terrific group of individuals. It again reviewed both the Lakeshore and Conservation Zoning
language from 2011 through part of 2012. A sincere and grateful thanks to our Planning Board members
who continue to volunteer long hours of service.
When the draft of the proposed zoning was presented to the public in October 2012, the Town Board
listened, and realized more edits were warranted, and upon suggestions from residents, a new ad hoc
committee was formed with representation from the two lakeshore associations, as had been requested.
All these many meetings were open to the public, and residents have been able to attend and speak—and
they did. Alternatively they were encouraged to talk to committee members, Town Board members, and/or
the Ulysses Planner throughout the process—and they did. Three separate newsletters sent by the town
since July 2012 have notified residents that zoning changes were underway.
We have listened. We have considered. We have changed the language. We adjusted the non-conformance
language (grandfathering) making it more lenient and more clear than the current zoning language. The
committees and the board have modified the proposed zoning law in numerous places based on the
excellent suggestions of both the committees AND the engaged public. This is definitely a document
molded by the community.
A zoning document is not the most stimulating reading material, nor the most readable. It is a legal
document and as such is written in a way where a person picking it up for the first time is likely to wish
they hadn't. The Town intends to create outreach documents that spell out the new zoning requirements in
a way that is easier to understand.
I feel this document will do what is critical for the Conservation and Lakeshore areas—it protects the
Unique Natural Areas that have been officially delineated by the County and recognized by the Town of
Ulysses. It takes steps to protect the steep slopes along the lake. It will help to maintain water quality in
both the streams and Cayuga Lake. Its intent is not to stop development in this Lakeshore and Conservation
areas, but to regulate it and ensure that buildings constructed along and near the lake will not cause a
Working Town Board Meeting 15
December 17, 2013
detriment to the environment or a danger to a neighbor. I am hugely saddened by the clear cutting that
recently occurred along Route 89 and others have expressed their deep concern.
My primary concerns in the lakeshore and conservation areas are to protect the steep slopes and unique
natural areas and associated waterways. Agreed that the majority of land owners are respectful and
responsible stewards of the land, but we must acknowledge that there are some who are not. As a
municipality, we have the authority as a group to ensure misuse of fragile lands does not take place.
These regulations should not be perceived as having a goal of preventing building activities from occurring
along the lake but they do add a layer of oversight from the town for construction that falls within certain
geographic areas. The variance process allows property owners to apply to reason their case if they have a
unique situation that would cause them to run contrary to this law. And as indicated in the Comprehensive
Plan, indeed the 5 acre zoning is a mechanism used to slow, but not prevent, development up the hillside
leading up from the lake.
Any document created by four different committees and boards is bound to be less smooth than one created
by a single person, but a document created this way is a work in forming consensus. Consensus means
general agreement, and involves data, discussion, disagreement and finally compromise, to arrive at a
ultimate goal—ours being a Zoning Law. Language choices may differ, but the content and intent of this
law serves to follow the guidance of the Comprehensive Plan which directs us to protect and preserve
environmentally sensitive areas and the Cayuga Lake waterfront.
100% agreement is hard to reach—impossible in some situations since we all have different belief systems.
In reading and listening to comments from the public, it is clear there is no document that will satisfy all the
people who are concerned. A democracy consists of different opinions and our goal is to find balanced
protections for the land and lake. Public comments on the zoning were a scattering of concerns. What one
person thought was overly restrictive, another felt was not strict enough. I feel what we have before us is a
good balance and protects the health, safety and welfare of the community. I again thank each of you who
have been involved.
I will vote to support this zoning law.
Nancy Zahler Statement:
As the newest town board member, I have been observing the process since early May 2013 and have been
listening carefully to the many comments that were made during the development of the proposed districts
and since then. I have also reviewed some of the history leading to these proposed changes. As a newcomer
I was impressed with the number of public information meetings that have been held and the amount of
time that this town has devoted to this process. Having worked with other towns, I know others that have
not taken this time nor provided as much opportunity for input.
During the summer I saw a board quite willing to listen to specific changes. I heard and participated in
discussions that responded to many of those concerns. We made numerous changes to address reasonable
concerns in ways that provided greater flexibility. For example,
• We invited specific questions and concerns about what our old non-conformance or grandfathering
section would allow and prohibit. Those specific comments helped us clarify the rules and make
changes that resulted in a clearer and more flexible policy. I have heard from many residents that
they appreciate those changes.
Working Town Board Meeting 16
December 17, 2013
• We heard concerns and fears that the Girl Scout Camp would be developed. We are re -affirming
that the Girl Scout Camp's status as park land remains unchanged. It will continue to be regulated
as parkland, preserving a valuable asset along the lake.
• By creating a marina district, we clarified that this valuable asset to the Town is not just a non-
conforming residential area but a conforming marina use that can continue and diversify its
development in the future.
• By making changes in the Administrative section, I think property owners seeking to make changes
or develop new projects will be able to do so more easily using the streamlined process that will
also be easier for the Planning Board and staff.
• The most recent questions raised during the public hearing were very valuable to me and they offer
us an opportunity to clarify several areas of concern and some misperceptions. For example, in the
most recent document circulated by Mr. Fallon and Mr. Breuhaus and endorsed by a number of
lakeshore residents, a number of concerns were cited and I think the clarifications Liz Thomas made
at last week's meeting should allay many concerns:
o The repair and maintenance of existing driveways are grandfathered; the new zoning
requirements are for new construction not existing structures.
o The Girl Scout Camp's status remains unchanged.
o The proposed setbacks in several areas are less than what the County requires because we
sought to balance flexibility for property owners with stream and slope protections.
o Agriculture IS an approved use within the Conservation zone.
o Excavation and development are NOT prohibited; the proposed requirements just ask
property owners to review their plans BEFORE significant changes are implemented. The
administrative changes should help to expedite that process.
I have heard from many residents who are very concerned about the recent clear cutting on Rt 89 and they
were surprised to hear that we had no zoning requirements to prevent this type of clear cutting before
discussing plans for using the cleared space. It is a glaring and visceral reminder of the urgency and
importance of the need for a conservation zone to protect our hillsides, streams, ravines, as well as our
downhill neighbors and the lake which are affected by storm water runoff, erosion, and sediment.
When some residents voiced concern about a potential loss in property value due to the proposed zoning, I
called the County's Director of Assessment. He has found that properties in communities with zoning have
generally held their value, especially when they are in desirable areas such as ours. I believe the zoning
changes will continue to allow residents to improve their properties. I continue to invite residents with ideas
or plans to consult with Darby to find reasonable ways to plan and implement your projects.
While most of the people who have expressed concerns will be protected by the proposed grandfathering
section, it is important to remember that zoning island use planning for the future. I am grateful that so
many of our residents have been good stewards and neighbors; however, none of know who our new
neighbors will be and they may not have your knowledge or commitment to preserving these fragile
environments. Zoning protects you from irresponsible development.
In response to the concerns about economic development, I want to go on record as one who wants to help
promote economic development in Ulysses. The proposed zoning does allow several kinds of development
that build on and enhance our eco -tourism economy.
For those concerned about economic development in the Town, I want to assure them that in the Town's
Comprehensive Plan, we have targeted other areas of the Town for more dense residential and commercial
Working Town Board Meeting 17
December 17, 2013
development. The areas targeted near the village and in hamlets are in the Trumansburg School District
which would strengthen the tax base for our school district, rather than the Ithaca School District, whose
catchment area includes many properties in the Lakeshore zone. I look forward on working with those who
might invest in those areas.
I have continued to get emails and calls from residents who felt too intimidated to speak publicly. They
express appreciation for the changes we have made. They don't understand why others are so upset by
them. They feel that the zoning protects and preserves our environment without imposing undue burdens on
those who want to repair, improve, develop or sell their properties. They have urged me and others on the
board to pass these amendments tonight.
The zoning changes permit improvements. The changes call for review and consultation BEFORE
development to mitigate unintended consequences. Since the proposed zoning will cover geographic areas,
topography, parcels and structures that vary widely, the zoning sets general parameters for development
with the full understanding that variances may be needed to facilitate specific projects in specific settings.
view this as a strength of the proposed law and a way to consider site and project specific development that
balances the rights of property owners with stewardship of our precious resources.
While some have voiced concerns over being able to get fair treatment from our Town appointed Zoning
and Planning Boards, I believe both of these groups will continue to act appropriately and flexibly within
the scope of their roles. I trust the continuing good judgment of the BZA, which just recently granted a
variance for a lakeshore owner who sought relief from a setback requirement due to unique circumstances
of their specific property.
This does not mean that all variances are guaranteed to be approved; some may be denied for just cause and
irrespective of the property owner's opinions, each case will be reviewed individually according to their
criteria.
Similarly, I would hope that neighbors, who have disagreed over these issues, will be able to treat one
another with respect and to continue to enjoy their shared experience of living on or near the lake.
Because I believe the proposed zoning takes us in the right direction to guide future development in the
Town and because the one concern raised by the Planning Department can easily addressed by other
sections in our existing zoning law, I plan to vote yes on tonight's resolution to adopt the zoning
amendments.
Mrs. Thomas asked the Clerk to call a roll call vote. Ms. Georgia called the vote as follows:
Ms. Tyler
aye
Mr. Romer
nay
Mr. Kerness
aye
Ms. Thomas
aye
Ms. Zahler
aye
Adopted
Mr. Romer left the meeting after the zoning vote.
CONSIDER FIRE AND EMS CONTRACTS FOR 2014
Working Town Board Meeting 18
December 17, 2013
The Board having reviewed the Fire and EMS contracts from the Village of Trumansburg and a public
hearing was held December 17, 2013 Ms. Thomas moved, seconded by Ms. Zahler the following:
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO APPROVE AN
AGREEMENT BETWEEN THE TOWN AND THE VILLAGE OF TRUMANSBURG FOR FIRE
PROTECTION SERVICES IN THE FIRE PROTECTION DISTRICT OF THE TOWNS OF
ULYSSES, HECTOR AND COVERT
WHEREAS, a fire protection district known as "the Fire Protection District of the Towns of
Ulysses, Hector and Covert" (hereafter referred to as "the Fire Protection District") has been duly
established in the said towns; and
WHEREAS, the Fire Protection District encompasses the following territory in the Town of
Ulysses: All of the Town of Ulysses, excepting the area within the limits of the incorporated Village of
Trumansburg; and
WHEREAS, the Village of Trumansburg (hereafter referred to as "the Village") maintains a
volunteer fire department, with adequate and suitable apparatus, equipment and training for the
furnishing of fire protection services within the Fire Protection District; and
WHEREAS, Town Law § 184 permits a town to contract with a village which maintains adequate
and suitable apparatus and appliances for the furnishing of fire protection services in such fire protection
district; and
WHEREAS, the Town wishes to contract with the Village to provide fire protection services
in the Fire Protection District; and
WHEREAS, a public hearing as required by § 184 of the Town Law was duly advertised,
and was held on December 17, 2013 at 6:45 p.m. at the Town of Ulysses Town Hall,
NOW, THEREFORE, BE IT RESOLVED THAT:
The Town Board of the Town of Ulysses hereby approves and authorizes execution of the
attached Agreement between the Village and the Town, whereby the Village will provide the Town
with fire protection capable of responding to fire related and health related emergencies on an
ongoing basis within the Fire Protection District, for the period from January 1, 2014 until December
31, 2014. And be it further
RESOLVED THAT, pursuant to the Agreement, the Town shall pay the Village the sum of
$158,112 for such services, on or before March 1, 2014. And be it further
Working Town Board Meeting 19
December 17, 2013
RESOLVED THAT, the Supervisor of the Town of Ulysses is hereby authorized to execute
the Agreement on behalf of the Town of Ulysses.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
absent
Adopted
Ambulance Services
Ms. Thomas moved, seconded by Ms. Zahler the following:
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ULYSSES TO APPROVE A
CONTRACT BETWEEN THE TOWN OF ULYSSES AMBULANCE DISTRICT AND THE
VILLAGE OF TRUMANSBURG FOR AMBULANCE SERVICES
WHEREAS, the Town Board established the Town of Ulysses Ambulance District by resolution
adopted on March 12, 2013; and
WHEREAS, pursuant to Town Law §198(10-0 (a) (ii) and (iii), the Town Board is
authorized to contract with a municipal corporation on behalf of an ambulance district for
provision of ambulance services; and
WHEREAS, the Village of Trumansburg (hereafter referred to as "The Village"), a municipal
corporation, maintains an ambulance department with a basic and advanced life support transporting
ambulance service; and
WHEREAS, the Town wishes to provide ambulance services to its residents in the Town of Ulysses
Ambulance District; and
WHEREAS, such emergency services are vital and necessary to the health and welfare of
the inhabitants of the Town; and
WHEREAS, in joint cooperation as contemplated by General Municipal Law 122-b, the Town and
the Village wish to cooperate to provide an ambulance service to persons situated in the Town of Ulysses
Ambulance District;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Town Board of the Town of Ulysses, on behalf of the Town of Ulysses Ambulance District,
hereby approves and authorizes execution of the attached Agreement between the Village and the Town,
Working Town Board Meeting 20
December 17, 2013
whereby the Village will provide the Town with basic and advanced life support emergency medical
ambulance services, which complies with the regulations of the New York State Department of Health,
Bureau of Emergency Medical Services to serve the emergency medical needs of those persons within the
boundaries of the Town of Ulysses Ambulance District. Services to be provided include Basic Life
Support transport and treatment and arranging for or providing Advanced Life Support Treatment. And be
it further
RESOLVED THAT, pursuant to the Agreement, the Town shall pay the Village the sum of
$272,684 for such services, on or before March 1, 2014. And be it further
RESOLVED THAT, pursuant to Town Law §198(11), the Agreement shall be executed by
signatures of a majority of the members of the Town Board.
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
absent
Adopted
NEW BUSINESS
Appoint Alternate Records Access Officer
Ms. Tyler moved, seconded by Mr. Kerness the following:
Whereas the Town of Ulysses has recently had several FOIL requests and we wish to respond
to new requests in a timely fashion, and
2014,
the
Whereas our current records access officer, Mary Bouchard will be out of town in early January of
Be it resolved that Carissa Parlato, (who is clerk -elect) be appointed as an additional records access
officer as of January 1, 2014. Her contact information will be as follows after January 1, 2014:
touclerk@twcny.rr.com
Ms. Thomas
aye
Ms. Tyler
aye
Ms. Zahler
aye
Mr. Kerness
aye
Mr. Romer
absent
Adopted
Working Town Board Meeting 21
December 17, 2013
Ms. Thomas thanked Marsha Georgia, Lucia Tyler and Kevin Romer for their services. Also Ken Zeserson
is not seeking another term on the Planning Board and Barbara Bristow is not continuing on the Board of
Zoning Appeals and they were thanked for their services.
Adi ournment
Hearing no further business Ms. Thomas moved, seconded by Mr. Kerness to adjourn the meeting.
Unanimously approved; meeting adjourned at 9 PM.
Respectfully submitted
Marsha Georgia
Ulysses Town Clerk
Amendments:
Nancy Zahler's comments edited by Nancy Zahler in January 2013.
Grammatical edits made on 2/6/2014 by Carissa Parlato, with input from Elizabeth Thomas, Nancy Zahler,
and Mariette Geldenhuys.