Written by 
L-R Reginald Aceto, James Rogers, Joseph DelPapa, Thomas Thomson, town clerk Elizabeth Sutterby, Supervisor Ronald McGreevy.
TYRE – What many thought would be a public hearing on a proposed casino turned out to be a dud. Or rather, about a PUD. In fact, the “c” word was hardly mentioned when more than 100 people gathered Thursday night at the Magee Fire Hall for a public hearing on a proposed local law preceding the meeting of the Tyre Town Board.
Instead of a discussion of the merits of a casino, Dr. Robert Seem, head of the group of volunteers that has been working on a town-wide comprehensive plan since 2006, led the audience in a discussion of a Planned Unit Development, or PUD.
When the public was told that because the town has not received an official proposal to build a casino resort, there would be no discussion of a casino, many left. Those who stayed, talked about the merits of the proposed planned unit development law and the timetable for considering its adoption.
Attendees of Tyre Open Meeting
A PUD, Seem explained, is a specific plan for a large-scale development of a minimum 75 acres. Currently, absent a PUD, a developer merely has to ask for a permit from the town zoning control office, and then can develop a site with minimal oversight. If the town had a PUD amendment to its zoning law, the town would have more control over such features as lighting, building facades, etc. in the development. The proposed law would also tell potential developers what is required to apply for a PUD and how such applications would be evaluated.
“Right now there are just not strong enough checks and balances,” explained Town Board member Tom Thompson.
The proposed PUD allows for “casino and casino complexes, and their accessory uses” as well as “commercial, retail, office, service and other non-residential uses, and their accessory uses.” It sets area requirements, maximum height of structures, dimensional and intensity regulations.
“Because land is used more efficiently in a PUD district, improved environmental quality can often be produced with greater density or intensity than is usually permitted in traditionally-zoned districts,” the proposed law said. The law also gives the Town Board the power to determine how much of the land in the PUD would be required to remain as open land. It requires written site and development plans and a full environmental assessment.
Pointing out that the Town Board has adopted many laws regulating land use and development in recent years, such as zoning and establishing water and sewer districts, town attorney Charles Shaffer said the PUD is “a tool, a technique for the Town Board to best protect the interests of the town should any proposal be made. It does not invite any developer to come in. We are not talking about something that makes it easier for developers, but rather makes proposals more reviewable, allows the town better input.”
Dr. Robert Seem
Seem said a survey of town residents in 2008 identified two areas for large-scale commercial development: the Exit 41-414-318 intersection and the five corners intersection of 318-5&20 and Route 89. Under the not-yet-completed comprehensive plan, the rest of the town, Seem assured the audience, would keep its rural, agricultural flavor.
When officials from Wilmorite conducted a public meeting in December to talk about a casino resort it was considering applying to build east of Route 414 near Exit 41 of the New York Thruway, Seem and his committee realized they would have to kick the development of the town comprehensive plan into high gear. He said his group plans to meet in February, followed by a public hearing to adopt the plan.
Following Thursday’s public hearing, the Town Board created an official Comprehensive Planning Committee, formalizing the group of volunteers.
The board also agreed to have the proposed comprehensive plan evaluated by the town planning board and zoning board of appeals, to seek comments from towns in Seneca, Wayne and Cayuga counties that adjoin Tyre, and to reconvene the public hearing on the PUD before the Town Board’s next meeting on Feb. 20.
During Thursday’s public hearing, many in the audience supported the idea of the planned unit development law as a way to keep the rural character of the town, while voicing skepticism that new development would “jump outside its boundaries” and invade their rural neighborhoods.
Eileen Franco of Tyre asked how a PUD could support the survey “which said we didn’t want large-scale commercial development.” Seem responded that commercial development is inevitable.
“We did not say we didn’t want any, we said we wanted to control where it happens so we can preserve the agricultural character of our town. Commercial development will come.”
Jean Gilroy, who said she has a farm on Gravel Road, said commercial development would be a good thing. “The average farm employs six people. Taxes went up 25 percent in one year on my farm. Commercial development is an opportunity to bring jobs to our area that will sustain us 30 years from now.” Her comments were loudly applauded.
Also applauded was Penelope Crescibene of Mays Point, who obliquely brought up the casino proposal, which she opposed, saying “we’re better than that.”
Former Supervisor Patsy Amidon said having a plan for development in the town was a good thing. She pointed out that the federal government has taken one-third of the town’s land for Montezuma Wildlife Refuge and pays minimal taxes. “We are fortunate to have people working on a plan so that doesn’t happen to us again,” she said.
James Nearpass of Tyre questioned the propriety of using a proposed PUD law that was supplied by Wilmorite. Supervisor Ron McGreevy responded that the town “cobbles proposed laws by using outside sources all the time.”
Seem said the language of the proposed PUD law was reviewed by the county planning board and the Town Board, both of which made suggestions and changes before it was presented to the public.
Several speakers opposed a large-scale development in the Chase-Black Brook Road area where many new homes have been constructed. The comprehensive plan, Seem said, has to consider the town as a whole, not specific neighborhoods.
“The impact on most of the town will be minimal,” Seem said. “PUDs will not spring up across the town, but will be concentrated where most of the traffic goes through town now.”
Other speakers questioned the timing of adopting the PUD, saying it should be put off until the comprehensive plan is completed and adopted. Desiree Dawley said the town should take time to study the issue and not act hastily. She questioned whether the push to adopt a PUD was to “satisfy Wilmorite’s timetable.”
Seem acknowledged that the planning board had voted not to recommend adoption of the PUD law without the completed comprehensive plan. The Town Board agreed, suspending further comment on the proposed law.