Loading...
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.