Letters to the Editor: The Planning Board Must Become Better Informed!

It is very disheartening that the Trumansburg Planning Board recently determined there would be no potentially problematic environmental or community impacts from the proposed 73-unit Hamilton Square/46 South Street housing development. This was revealed as a preliminary outcome of their current State Environmental Impact Review Act (SEQRA) process. Their assessments were made without SEQR Training, which had been canceled on two separate occasions by the Village’s Attorney, Mr. Guy Krogh. Such trainings can be waived by the Board of Trustees if it is considered in the best interest of the Village, however they must vote on whether this would serve such interests.

Training may have guided the Planning Board to NYS Laws and criteria concerning the possible impacts that this project presents. The SEQR Handbook instructs lead agencies, such as the Planning Board, on procedure and regulations for judging environmental impacts. Many areas clearly stated in SEQR were not discussed at the recent meeting, nor addressed at prior sessions.

The Handbook directs lead agencies to the exact location of the laws that clearly spell out the criteria for determining the categories and levels of environmental impacts.

Listening to the Village’s engineering consultant (MRB) testify on the relevance and quantitative impacts of construction and long-term after effects shouldn’t be the only resource available to a lead agency. Taking as Gospel the opinions of the attorneys representing the developers (Ithaca Neighborhood Housing Services (INHS) and Claudia Brenner) seems equally problematic. At the most recent public meeting the developers’ lawyer, Mr. Adam Walters, read selective portions of SEQR Law in support of his clients’ interests. The members appeared willing to rely on these biased presentations as significantly important to their decision making. Given that the Public has been given no opportunity to speak at these meetings, the propriety of having the developers’ lawyer present is of ethical concern.

The Village Attorney needs to present to the Board the relevant matters of NYS SEQR statutes along with the possibility of them occurring, rather than simply stating the relative probability.

SEQR is explicit about the term “possibility.” It is up to the Board members themselves to read and digest publications from NYS and to familiarize themselves with SEQR LAWS.

Trumansburg also has its own environmental LAW called VEQR (Village Environmental Quality Review). It further refines the thresholds for determining environmental impacts in keeping with a smaller municipality of our size. None of the advisors or experts seemed familiar with VEQR, or rather ignored it since it was never even mentioned. It is the current local law which is mandated for consideration and review.

The NYS SEQR Handbook provides examples of how to quantify environmental impact levels (e.g., none, slight, moderate or substantial). This guide reveals many specifics in which moderate or substantial impacts would necessitate further investigation, thus triggering a positive declaration and thereby the requirement that the developers submit an Environmental Impact Statement (EIS). As it now stands, it appears the Planning Board has determined that no such further evaluation will be required, thereby robbing our community from a more genuine and informed consideration of impacts.

It is imperative that the Planning Board members familiarize themselves with the SEQR Handbook in its entirety, enabling them more understanding of their roles and responsibilities.

The Board has not met in public to discuss any SEQR issues aside from their monthly scheduled meetings and there have been no working sessions for this project. Before the recent appointment of a new chairperson, residents were allowed three minutes to voice their comments and concerns, now there is no such opportunity. Residents have a vital interest in the proceedings and it is essential that they know what the Board members are thinking. If it were more apparent that they were undertaking their own research and adhering to NYS LAWS, it would ease concerns that the correct legal process was being adhered to.

Planning Board members are volunteers and don’t necessarily have expertise in planning and zoning. They have other obligations and responsibilities that can eclipse much of the time needed to become familiar with NYS requirements. However, knowing the criteria for distinguishing possible impacts isn’t something that can be ignored. I ask that Board members please read both VEQR and SEQR documents fully to make the correct legal finding. The effects of this development would be part of our community for a long time. It is the largest project ever proposed for Trumansburg, that alone being one of the thresholds that advocate for a positive SEQR declaration. Having a firm knowledge base is more important than advice given by lawyers and experts. Listening to the differing and well-informed viewpoints of the Public is essential.

Thank you,

Jack Katz
13 South St, Trumansburg, NY