HomeMy WebLinkAbout1983-05-19i; Town
of
Dryden
May
19th,
1983
Planning
Board
The
Planning
Board
met
at
8:OOpm
on
May
19th,..1983.
Members
present
were
R.
Lampila,
J.
Hunt,
B.
Caldwell,
C.
Evans,
and
Z.O.
S.
•
Stewart.
Corrections
to
the
April
21st
minutes
were
made
by
R.
Lampila.
Instead
of
K.
Dollaway,
E.
Dollaway,
and
the
second
o
in
Dolloway
to
an
a.
Also
Ken
Gardner
was
mentioned
in
the
minutes
and
was
not
present,
correction
E.
Dollaway.
J.
Hunt
moved
to
accept
the
minutes
as
amended.
Seconded
by
B.
Caldwell.
Vote
all
yes.
Motion
carried.
Chr.
B.
Caldwell
turned
the
discussion
over
to J.
Hunt
on
regulations
for
condominiums
to
discuss
the
SEQR
process.
J.Hunt
tried:i
to
pick
out
critical
definitions
of
the
regulations.
The
basic
SEQR
process
has
five
different
actions
recognized
by
the
State.
Only
two
of
those;
unlisted
actions
and
Type
1
are
subject
to
SEQR
procedures.'
Type
2,
exempt,
excluded
are
all
defined
in
the
definitions.
The
lead
agency
is
determined
by
the
area
effect-
ed.
There
was
a
verbal
review
of
the
list
of
things
having
an
effect---
o- n-- - -t
-he
envirnment.
J.
Hunt
read
the
entire
section
on
Crit-
eria
617.1,1.;
He
stated
in
his
reading
of
the
sub-
division
laws
that
there
is'ntkeed
for
substantial
change
in
our
ordinance
to
comply
with
either
the
requirements
of
SEQR
in
terms
of
consider-
ation
or
in
terms
of
time
limits.
Our's
provide
more
opportunity
for
public
comment
than
do
the
states
assuming
that
the
start
in
the
time
sequence
is
the
submission
of
the
preliminary
plat
for
a
sub
- division.
If
we
accept
that
as
the
start
and
require
with
that
an
envirnmental
assessment
form,
we
would
have
substantial
information
to
declare
a
negative
or
positive
statement
for
any
Type
1
or
unlisted
action.
He
pointed
out
one
of
the
statutory
Type
1
actions
is
building
anything
but
a
farm
building
in
an
agricultural
district
requires
a
full
SEQR
process
with
an
EAF
specifically.
Sib
Stewart
was
directed
to
Mahlon
Perkins
the
Town
Attorney
for
assistance
with
proceedural
changes
on
sub
-
divisions
in
ag,
districts
for
Type
1
actions.
There
was
discussion
on
whether
issuing
a
building
permit
is
a
ministerial
action.
It
was
decid-
ed
that
talking
to
the
Town
Attorney
would
be
the
best
to
get
actions
defined.
Filling
out
an
EAF
(s
P
ort
form)
to
see
if
there
is
no
signif-
icant
change
on
envirnmengand
make
a
negative
statement
was
dis-
cussed
for
unlisted
and
variances.
Use
variances
have
the
poten-
tial
for
becoming
a
Type
1,
which
would
then
involve
the
ZBOA
and
highway
superintendant.
In
comparing
the
SEQR
time
frames
with
the
sub
- division
time
frames,
these
results
came
about.
1)
Start
with
a preliminary
plat
instead
of
sketch
plan
and
2)
at
that
time
require
an
EAF.
3)
There
is
then
45
days
to
do
two
things-
determine
the
lead
agency
and
determine
the
significance
(
positive
or negative
state-
ment).
At
the
time
of
EAF,
if
not
satisfied
with
the
information
on
it
and
things
need
to
be
checked,its
not
considered
received.
It
must
be
to
this
Board's
satisfaction
and
is
officially
received
at
a
Planning.Bd.
meeting.
Special
attention
was
called
to
the
Critical
Envirnmental
Area
pg.
3.
A
specific
geographic
area
designated
by
a local
agency
• having
an
exceptional
or
unique
characteristics
that
make
the
area
important
to
the
community.
Any
developement
in
these
areas
means
it
becomes
Type
1
and
a
possible
positive
statement.
Taking
a
look
at th
Lake
Board
place
The c
meeti
e
a
s
r
n
n
s
i
g
Cou
d H
hou
in
tic
of
n
i
1
t
a
t
s
d
h
1
t
y list
torica
look
e Town
areas
he.Pla
0
1
at
f
i
nn
f
s
r
s
i
Critical Areas and others such as Dryden
ites should be considered. Also the Town
these and make a declaration on historical
om a recommendation from the Planning Board.
sue will be looked into further for the June
ng Board.
Other
the final
developed'on.
J.
chapter
Hunt
business.
moved
C.
of the
to adjourn
Evans brought
seven lots
the
on
meeting.
the
Oriole
Pl. Bd.
Dr.
The meeting
up to
that could
date on
be
adjourned
at 9:30pm.
Respectfully submitted,
r /
Jane Koelsch
F
'I
I
-31-
. the draft EIS. The ^otice of hearing shall he filed as
prescribed in subdivision (b) of this section. A notice of
hearing may be giver in the notice of completion of the
draft EIS and shall be published at least 14 calendar days
in advance of the hearing date in a newspaper of general
circulation in the area of the potential impacts and effects
of the action.
(g) Notices of completion of final EIS's. A notice of
completion of a final EIS shall be prepared by the lead
agency. It shall state that it is a notice of completion of
a final EIS, shall state the name and address of the lead
agency and shall contain the items prescribed in paragraphs
(1)
and
(2)
of
subdivision
(d)
of
this
section.
It
shall
be
• filed
as
prescribed
in
subdivision
(b)
of this
section.
The
department shall publish all notices of completion of all
final EIS's in the Environmental Notice Bulletin.
(h) Final EIS's.
The final EIS together with the
notice of its completion shall be filed in the same manner
as a draft EIS.
(i) Each agenc•: which prepares notices, statements and
findings required in this Part shall retain copies thereof
in a file which is readily accessible for public inspection.
617.11 Criteria.
(a) In order to determine whether a proposed Type I or
• unlisted action may have a significant effect on the envi-
a
a
R
i
-32-
ronment, the impacts which may be reasonably expected to
result from the proposed action must be compared against the
criteria in this section, whether or not an EAF has been
prepared. The following list is not exhaustive; however,
these criteria are considered indicators of significant
effects on the environment.
(1) a substantial adverse change in existing air
quality, water quality, or noise levels; a substantial
increase in. solid waste production; a substantial increase
in potential for erosion, flooding, or drainage problems,
(2) the removal or destruction of large quantities
of vegetation or fauna, the substantial interference with
the movement of any resident or migratory fish or wildlife
species; impacts on a significant habitat areas or substan-
tial adverse effects on a threatened or endangered species
of animal or plant or the habitat of such a species;
(3) the encouraging or attracting of a large
number of people to a place or places for more than a few
days compared to the number of people who would come to such
place absent the action;
(4) the creation of a material conflict with a
community's existing plans or goals.as officially approved
or adopted;
(5) the impairment of the character or quality of
important historical, archeological, architectural, or ,
-33-
• aesthetic resources or of existing community or neighborhood
character$
(6) a major change in the use of either the
quantity or type of energy;,
safety;
(7) the creation of a hazard to human health or
(8) a substantial change in the use, or intensity
of use of land or other natural resoucres or in their
capacity to support existing uses;
(9) the creation of a material demand for other
actions which would result in one of the above consequences;
or
(10). changes in two or more elements of the
environment, no one of which has a significant effect on the
environment, but which when taken together result in a
substantial adverse impact on the environment;
(11) two or more related actions undertaken,
funded or approved by an agency, no one of which has or
would have a significant effect on the environment, but
which cumulatively meet one or more of the criteria in this
section.
(b) For the purpose of determining whether an action
will cause one of the foregoing consequences, the action
shall be deemed to include other simultaneous or subsequent
actions which are:
r
a
1"
-34-
(1) included in any long -range plan of which the
t
action under consideration is a part;
or
(2) likely to be undertaken as a result thereof;
(3) dependent thereon.
(c) The significance of a likely consequence, (that is
whether it is material, substantial, large, or important)
should be assessed in connection with:
(1) its setting (i.e., urban or rural);
(2) its probability of occurring;
(3) its duration;
(4) its irreversibility;
(5) its geographic scope; and
(6) its magnitude.
617.12 Type I Actions.
(a) 'The purpose of the list of actions identified as
Type I in this section is to identify for agencies, project
sponsors, and the public those actions and projects that are
more likely to require the preparation of EIS's than those
not so listed (i.e., "unlisted actions "). This Type I list
is not exhaustive of those actions that an agency may deter-
mine have a significant effect on the environment and require
the preparation of an EIS. Therefore, the fact that an
action or project has not been listed as a Type I action
does not carry with it the presumption that it will not have
F
/Town of Dryden
/ Planning Board
May 19th, 1983
The Planning Board met at 8:OOpm on May 19th, 1983. Members
present were R. Lampila, J. Hunt, B. Caldwell, C. Evans, and Z.O.
• S. Stewart. Corrections to the April 21st minutes were made by
R. Lampila. Instead of K. Dollaway, E. Dollaway, and the second
o in Dolloway to an a. Also Ken Gardner was mentioned in the
minutes and was not present, correction E. Dollaway. J. Hunt
moved to accept the minutes as amended. Seconded by B. Caldwell.
Vote all yes. Motion carried.
Chr. B. Caldwell turned the discussion over to J. Hunt on
regulations for condominiums to discuss the SEQR process. J.Hunt
tried:'t to pick out critical definitions of the regulations. The
basic SEQR process has five different actions recognized by the
State. Only two of those; unlisted actions and Type 1 are subject
to SEQR procedures. Type 2, exempt, excluded are all defined in
the definitions. The lead agency is determined by the area effect-
ed. There was a verbal review of the list of things having an
effect . o•n - -the envirnment. J. Hunt read the entire section on Crit-
eria 617.11.. He stated in his reading of the sub - division laws
that there is'nt eed for substantial change in our ordinance to
comply with either the requirements of SEQR in terms of consider-
ation or in terms of time limits. Our's provide more opportunity
for public comment than do the states assuming that the start in
the time sequence is the submission of the preliminary plat for
a sub - division. If we accept that as the start and require with
that an envirnmental assessment form, we would have substantial
information to declare a negative or positive statement for any
Type 1 or unlisted action. He pointed out one of the statutory
Type f actions is building anything but a farm building in an
agricultural district requires a full SEQR process with an EAF
specifically.
Sib Stewart was directed to Mahlon Perkins the Town Attorney
for assistance with proceedural changes on sub - divisions in ag.
districts for Type 1 actions. There was discussion on whether
issuing a building permit is a ministerial action. It was decid-
ed that talking to the Town Attorney would be the best to get
actions defined
Filling out an EAF (sort form) to see if there is no signif-
icant change on envirnmentand make a negative statement was dis-
cussed for unlisted and variances. Use variances have the poten-
tial for becoming a Type 1, which would then involve the ZBOA and
highway superintendant.
In comparing the SEQR time frames with the sub - division time
frames, these results came about. 1) Start with a preliminary
plat instead of sketch plan and 2) at that time require an EAF.
3) There is then 45 days to do two things- determine the lead
agency and determine the significance ( positive or negative st -ite-
ment). At the time of EAF, if not satisfied with the information
on it and things need to be checked,its not considered received.
It must be to this Board's satisfaction and is officially received
at a Planning Bd. meeting.
Special attention was called to the Critical Envirnmental Area
pg. 3. A specific geographic area designated by a local agency
• having an exceptional or unique characteristics that make the area
important to the community. Any developement in these areas means
it becomes Type 1 and a possible positive statement. Taking a look
J
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}
S EL'S R
In general, the New York State Legislature's intention in
•adopting the State Environmental Quality Review ,Act is that all
agencies conduct their affairs with an awareness that they are
the stewards of the air, water, land and living resources and
that they have an obligation to protect the environment for the
use and enjoyment of this and all future generations.
The basic
eration of env
decision 1lakin
ernment agency
whether the ac
a significant
to prepare or
purpose o
i ronmental
g process°
es. S :D�cA
tions they
effect on
request an
f the S L�R is to Incorporate the consid-
factors in the planning, review and
s of the State, regional and local gpv-
requires that all agencies determine
undertake, fund'or approve may have
the environment and If it is so determined,
environmantal impact statement (Z.S ).
It was the intention of the Legislature that the protection
and the enhancemant of the. environment, human and community
resources should be given appropriate weight l.rith social and
economic considerations in public policy, and that these be con-
sidered in making decisions on proposed activities. ;Accordingly,
it is the intention of the. regulations that a suitable 'balance
of social, scono sic and environmental fpcto rs be Incorporated
in the. planning and decision making process at alllevels of govern]
dent in Near York State. It is not t'ne intention of j %.i that
environmental factors be the sole consideration in decision .wading.
0 Definitions
"Ac
tioniF
includes
1.
projects
of# physictal
activities,
such
as construc-
tion
or
other
activities,
which change
the
use
or appear°
an
te of
any
natural
resource or structure
which:
I.
are
di
reetly
undertaken
by an
agency
or
ii.
involve
funding
by an agency
or
iii.
require
one
or more permits
from
an
agency
or
agencies.
2e
planning
activities
of an
agency
that
commit
the
agency
to a
course
of
future decisions.
3.
agency
rules,
revulations,
procedures
and policy
Making
40
combinations
of
the above.
gency" menans any local agency, boazd, district, commission,
or governing body as well as any political subdivision of
the State.
"Lead Agency" is the one agency amonz all involved agencies
that has been designated to coordinate the environmental
review of a pr` posed action. (In the Tom , of Dryden Zoning
Ordinance, Subdivision Dales and regulations and other Town
• revulations, t'cege agencies are variously the Toigm Board,
the To,:m Plrwnr.ir_Q Board, t',:e Board of = onin- Aweals, the
Town iii.Zhway Superintendent, ar�d maay include other Town
and intermunicipal agencies. )
D6£fnitions (cont. )
Actions for which no
2
review is necessary.
3�:clud ed Action" are an
appoov ed prior to 19769
"Exempt ,Actions" include
1. vEnfo rcement or c
of prosecutorial di
y actions undertaken, funded or
ri:Winal proceedings or the exercise
sc retion.
r 2. Ministerial acts (,Action on a given set of facts in
/ \ a prescribed :Wanner unposed by law without the exercise
of any Judgement or discretion as to the propriety of
the action, such as the granting of a driver s license.
"Type-jI Ac
Genera
d eternined
onm men t. A
the State
o f th e env
case have
tions"
lly, , Type II actions are tho s
not to have a significant of
local Type II list may be ado
regulation, provided it is no
i ronment thsn the following 1
a significant effect on the e
e which have been
fect on the envi r`
pted to supplement
less prote,n�tive
ist a..: d will in no
nvironment:
State list of Type II ?.ctioris
1. c�a0la,cemn � of a fiLcility, in ' 'kind, on the sa:We site,
unless such facility meets any of the thresholds on tha
Type I list.
2. Granting of individual setback and lot line variances.
A• ricultural farm. management practices including
cons trl.;ction, :1aintenance and repair of farm buildings and
structures and land use practices consistent vith neral
principles of farming.
4. Rapai ring of existing roads not
of new travel lanes:
5. Street openinzs for t'ne purpose
ance of existing utility facilities.
6. Installation of traffic control
involving the addition
of repair or :paint en-
devices on existing
roads.
7. iublic or private forest .uanagement practices other
then the removal of trees or the application of herbicides
o r n_ esticides.
8. 3onstruction or placement of minor structures accessory
or acn_uttenent to existing facilities, including gara;xasq car -
po rts, c ..tios, ho' "e swi li:aing pools, fences, barns or o ther
buildings not changinV lard use or density.
9. MgAntenance of existing landscaping or natural growth.
1'0. :dapping of existing roads, usas and ovinars!Iip patterns.
11. Irsnections . r3 licensin:x activities rela.tir.g t� t��e
qualification of individuals or businesses too :engage in
business or prof es�-ion.
12. Sal =s of surplus �overn.���ntal property o lair than land
o r haz
13.
14.
15o
ag em en
p rio ri
a r0l o
301
Inv
?b ,1j
t no
ti es
us
le
ti
y
I�
mat
4.
c tiv
amen
ne o
incl
erials.
e barVaining activities.
is by agencies or pension or reti remel,,Lt Qy ste:--as.
r continuing �ncy a.c :ir :istra.tion �� :d =r�-
r r
uaing nattic pro::rams or ma,o r reo raering of
3
Definitions (cont. )
16. License or permit renewals where there will be no
material change in permit conditions or scope of permitted
• activities.
17. Zbutine activities of educational institutions
which do not include capital construction.
18. Information collection including -961ater quality and
pollution studies, tra=fic counts, engineering studies,
surveys, boring studies and soil studies that are not a
peeliminary step to any given 'Ty pe I activity
19. 1•linor temporary uses of land having negligible or
no permanent effect on the environment.
Actions requiring review and determination of the significance
of environmental impact.
"Type I Actions"
1. Adoption of zoning regulations.
2. Autho rizing industrial or commercial uses within
an agricultural or residential district.
)?3. -utho rizing residential uses within an agricultural
district.
4. 1r.,nting of a zoning change that meets or exceeds
one or mo re of the following thresholds:
a. 50 residential units not to be connected to
publicly o,•rn ed utilities.
b. 250 units to be connected to publicly owned
• utilities.
5. A non - residential project or action which:
a. involves physical alteration of more than
10 acres*
b. would use ground c r surface water in excess of
2 million gallons per day*
c. provide parking for 1000 vehicles.
d. involves a facility o f more than 100, 000 square
feet.of floor area.
e. involves any structure exceeding 100 feet above
the original ground level.
f.
any non - agricultural use wholly or partially
within an agricultural district :which exceeds 10
of any threshold in this section.
g occurs erholl;; or partially vit'Lain or contiguous
to a facility or site listed on the National Aegis-
ter of Historic Places or has been recommended for
such listinh,
h. exceeds 250 of any threshold occuring wholly or
partially ,•:ithin, or substantially contiguous to
any publicly o,•rnd park, recreation area or desig-
nated open space.
I. talces place wholly o r partially •::ithin o r contig-
uous to a Oritical &nvironmental Area.
"mrltical Environmental Area" A specific gao:vraphic area
•d esigr.ate9 by a local a- ency, having exceptional or unique char-
acteristics that ma':te the area. important to the local co:u:au�ity.
09
Definitions (coast. )
Actions requiring review and determination of, the significance of
environmental impact. (cont. )
• "Unlisted .Actions" Any actions not excluded or exempt and
not listed as Tyne I or Type II actions in either SE a regulations
or in the agencytis own S .' R procedures.
"Environmental Assessment Fo rm" is used by an agency to assist
it in determining the environmental significance or non - signifl°
aance of an action. It must be prepared for all Type I and Unlisted
actions qnd serves as the basis for the decision as to whether a
Negative or Positive Declaration of Environmental Significance
Is made. If a Positive Declaration is made, an :.environmental Impact
Statement must be pr- ✓pared and the basic S,R process is set in
:notion. If a Negative Declaration is made, no further consideration
is requi red.
"a4hvlromental Impact Statement" is a ,written document prepared
in acco rrda.nc e with Regulation 617.14. It may be a 1Pdraft" or final
statement and -nay include a federal "draft" or final statement as
appropriate. It is the :nears for agencies to give early considara-
tion to envi ron-nental factors and it facilitates t',^.e wei!�hing of
social, economic and envi runmental f a3to rs in plannin6 and decision
me.king.
.jontent of an EIS
1. Concise description of t;e proposed action.
20 4onoise description of t'he environmental setting of
the areas affected.
J.
�. A statement of the important environmental impacts,
sho rt and long tern, and typical associated environmental
effects.
4. Identification a.rd discussion of adverse environmental
effects which cannot be avoided.
5• =9 description' and evaluation of reasonable alternatives
to the action to achieve the same or similar objectives.
5. An� identification of any irreversible or irretrieveable
commitments of resources.
7. A description of mitivation measures to minimize
adverse environmental impacts.
8. -A description of growth inducing aspects when approp-
ri at e.
9. A discussion of the effects of the proposal action on
the use and conserlation of ene.rVy when applicable.
10. s list of sources upon which the aS is based.
11. (Final EIS only) Jo pi es or a su %n�aary of substantive
comments received and a response to such co:a,ments.