Letter to the Board

 

MARCH 9, 2009
 
ONTARIO TOWN BOARD MEETING AND PUBLIC HEARING
 

RESOLUTION MAKING NEGATIVE DECLARATION
AND ENACTING LOCAL LAW #1 of 2009
 

      

WHEREAS, Proposed Local Law No. 1 of 2009 (the “Local Law”) would amend the Zoning Law (the “Zoning Law”) of the Town of Ontario (the “Town”), being Chapter 150 of the Town Code, to make various changes, including changes with respect to wind energy conversion systems, accessory structures, certain allowable uses, and bulk area regulations; and

WHEREAS, the Local Law has been on the desks of all Town Board members since February 25, 2009; and

WHEREAS, an Environmental Assessment Form (“EAF”) was prepared for the Local Law, which the Town Board has reviewed; and

WHEREAS, a full statement of the Local Law, including the EAF, was referred to the Wayne County Planning Board, pursuant to General Municipal Law §239-m, and at its February 25, 2009 meeting, it recommended approval of the Local Law; and

WHEREAS, Notice of a Public Hearing on the Local Law was published in the Wayne County Mail on February 26, 2009, and the Town Clerk also caused a copy of that Notice to be posted on the sign board of the Town maintained pursuant to Town Law §30(6) on February 26, 2009; and

WHEREAS, a public hearing was duly held on the Local Law on March 9, 2009 at 7:00 PM before the Town Board at the Ontario Town Hall, and all persons desiring to speak were heard; and

NOW THEREFORE IT IS RESOLVED THAT the Town Board has considered the Local Law and its potential for environmental impacts; reviewed and considered the EAF, the criteria contained in 6 N.Y.C.R.R. §617.7(c), and other supporting information to identify the relevant areas of environmental concern; and thoroughly analyzed the identified relevant areas of environmental concern to determine if the Local Law may have a significant adverse impact on the environment, and finds that the Local Law would not have a significant impact on the environment, because:

1.	The amendments will regulate wind energy collectors (formerly referred to in the Zoning Law as “windmills”) so that they will not impact neighboring properties, setting a maximum height restriction of 100 feet and a “fall-zone” radius of 1.5 times the proposed total height, and requiring a detailed site plan.
2.	The regulations for wind energy collectors, and various other minor adjustments to the Zoning Law included in the Local Law will not result in adverse impacts but rather would generally have a positive impact on aesthetics.
3.	While the definition of “Utility Sheds” is eliminated, sheds will still be regulated like other accessory structures.
4.	The amendments clarify that cantilevers may extend into front, rear and side yards by no more than 2 feet, which is de minimis.
5.	Certain private recreational uses are restricted by generally eliminating private clubs as an allowed use (but adding back in fraternal organizations as an allowed use), and eliminating golf courses as an allowed use in Business (B) and Business Transitional (BT) districts.
6.	The Local Law will not result in any identified negative environmental impacts, and is consistent with the Comprehensive Plan.

 
IT IS FURTHER RESOLVED THAT pursuant to the State Environmental Quality Review Act, the Town Board finds that enactment of the Local Law will not have a significant impact on the environment, so that a Negative Declaration shall be made and duly filed, and an environmental impact statement need not be prepared; and
 
IT IS FURTHER RESOLVED THAT pursuant to the Municipal Home Rule Law, Proposed Local Law No. 1 of 2009 is hereby enacted, and shall be filed with the Secretary of State. 5 Ayes 0 Nays RESOLUTION ADOPTED

 
  WHEREAS, the C.P. Ward, Inc. (the “Contractor”) has proposed a project (the “Action”) to dredge about 585 cubic yards of materials from Bear Creek Harbor in Lake Ontario in the Town of Ontario, adjacent to a concrete boat ramp and sea wall in Bear Creek Harbor Park at 2205 Lake Road in the Town, in order to facilitate the delivery by barge in about June 2009 of 10 prefabricated containment structures that would be delivered to the Ginna Nuclear Power Plant located 1.6 miles to the west; and
 
 WHEREAS, as part of the Action, the Contractor would truck the dredged materials to the Town of Ontario Wastewater Treatment Plant at 2200 Lake Road in the Town, and used to construct a berm on about .6 acres to serve as a noise buffer from that plant for nearby residents; and
 
WHEREAS, in accordance with the New York State Environmental Quality Review Act (“SEQRA”), and regulations adopted to implement SEQRA, the Town must undertake an environmental review of the Action; and
 
 WHEREAS, the Town Board has reviewed a short environmental assessment form (“EAF”) for the Action prepared by the Contractor to evaluate the significance of potential environmental impacts of the Action;
 
NOW, THEREFORE, IT IS RESOLVED the Town Board has determined that the proposed Action is an unlisted action, as defined by SEQRA, pursuant to 6 N.Y.C.R.R. §617.2(ak); and it is further
 
RESOLVED, that the Town Board accepts the EAF; and it is further
 
RESOLVED, that the Town intends to undertake coordinated review, and act as lead agency for the SEQRA review of the Action, pursuant to 6 N.Y.C.R.R. §617.6(b)(3); and it is further
 
RESOLVED, that the Town shall furnish all other involved agencies with a copy of the EAF and notified by the Town of its intent to be designated as lead agency for the SEQRA review of the Action, and be given thirty (30) calendar days to consent to or object to that designation. 5 Ayes 0 Nays RESOLUTION ADOPTED