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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 4asiaON a.uvff_ `pajjTwgns ATTTlJIDadsag •wdoC:6 Zs pauanoCpe 2UZl'aaw agz •$llt]aaw aq:l ilanoCpe oI panow -lunH of •uo padOTan.ap aq PTnoo 7egi 'aQ aTozzp uo slot uanas aql 3o aaldsgo Tsui; aq7 uo alep oa do •pg *Td aqj lg2noaq suenl •:) essauisnq aagio •paeog 2uTuusTd aqa 3o 2uT3aaw aunt aqi aol aaglan3 03uT paxooT aq TTTM anssT seaas TeoT3zao aqy •pasog 2uTl1uvT,, a, oa3 uoT,epuawtuooaa s woa3 uMoL aqj uT saosTd To3TaolsTg uo uOTIeaeToap s axsw pue asaga IV )iooT pTnogs pasog uMOZ aq_l OsTV •paaapl-slaOO aq pTnogs 9a2Ts Teozxo]sTH pue axBZ uapXia se Bons saagio pus ssaaV TP3TITaD jo IsTT 4junoo aqi ae } 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.