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HomeMy WebLinkAbout2011-01-1201B 1 -12 -I I TOWN OF DRYDEN �s TOWN BOARD MEETING January 12, 2011 1 Present: Supervisor Mary Ann Sumner, Cl Joseph Solomon, Cl Jason Leifer Absent: Cl David Makar, Cl Stephen Stelick, Jr. Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Brian Mellroy, Bookkeeper Daniel Kwasnowski, Director of Planning Supv Sumner called the meeting to order at 7:30 p.m. Supv Sumner said there has been some concern about the role of ZBA &, Planning Board alternates. The amendments to the Zoning Ordinance providing for alternates says that they can only participate in the event of a conflict of interest of one of the regular members. She would like them to be able to act in the absence of another board member. D Kwasnowski said it is not the intent to simply provide another person so there is a quorum for a vote. The intent is that when a conflict of interest is identified at the time an application comes to the board, an alternate is chosen to participate through that whole project. review. Supv Sumner said she would table this for now, but would like to address it in the future. Next week's agenda will include a discussion about acquiring a small parcel of property from an Oakbrook Drive property owner in order to improve the turnaround area. Clarity Connect; - D Kwasnowski reported that he met with Chuck Bartosch and Jeff Kirby regarding the Clarity Connect project and three applications for towers. One is for a location on Beam Hill on town -owned land, one is off Midline Road and one is off Bone Plain Road. The applications are pretty good. Clarity needs to fast track the approval process in order to meet: their grant: deadline. 17 Kwasnowski said if he has the completed applications by the end of next week, he will send them to the board and the board could hold a special meeting for the public hearing. Supv Sumner said the board will discuss it next: week, but: she believes a public hearing could be scheduled for the first Wednesday in February. D Kwasnowski said they could then close the public hearing on the second Wednesday, allowing for public comment in between, and vote at the third board meeting. D Kwasnowski said he will have a new department policy. When an application is complete and sent to the board, it will also go on the website. They are also working on outstanding permits, etc. In the future they will inspect special use permit sites for properties that have a special use permit, there will be a map and the conditions online and put on the website, They wriH be checking to make sure that conditions are adhered to. Supv Sumner said they have talked about a policy to cover difference between Teamsters & Consortium coverages, but she and the bookkeeper don't quite have that ready. The Town will cover the difference in the annual cap for dental (about $1800). She would also like to be able to cover an existing dentist who was in the Teamsters network but is not in CSEA network. She hopes to have a proposal next week and will also get clarification on Pale 1 ot'5 TB I -12 -11 whether or not we have a $10 co -pay. Supv Sumner said she was under the impression that the coalition was matching coverage prior to the time the Teamsters instituted a co -pay. Supv Sumner has received a thank you letter from a snowmobile club for using town property. There is also an invitation to a breakfast at the Brooktondale Fire Department. Noise ordinance - Cl Leifer has received comments on the draft from Joe Wilson. He will review those and will complete and put the document into a form for public hearing, J Wilson said the fines are not sufficient to deter a large company. There should be escalating penalties and provisions for enjoining on- going violators. The Town of ithaca's law says if they have to go to court, expenses are paid by the offender. He said there should also be a severability clause in the ordinance. Fine limitations were explained by Cl Leifer and D Kwasnowski. Next week's agenda will include the continuation of the Solat special use permit hearing and a presentation by the Dryden Listening Project. The board was asked to review the proposed equipment purchase & sale resolution requested by the Highway Superintendent. No petition for referendum was received on Cortland Road Water District appropriation for a map, plan & report and the board will authorize the engineer to move ahead. The committee structure detail form will be distributed next week. Brian Mcllroy reviewed proposed budget mods with the board and asked for approval. One is because of a large refund to Hanshaw Village Mobile Islome Park. Their assessment was reduced retroactively and they are entitled to a refund. RESOLUTION #34 (2011 ) - BUDGET MODIFICATION$ CI Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes and approves the following budget modifications: From A1990.4 to A1930.4 From A 1990.4 to A 1.420.4 From A1990.4 to A8030.404 From A 1990.4 to A9050.8 From A1330.2 to A 1.330.4 From A1460.4 to A1330.4 From A1410,2 to A1420.4 2nd Cl Solomon Roll Call Vote Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes $ 6,719.22 ].,240.15 200.00 1.9.60 680.50 80.00 150.00 The board will need to appoint a Zoning Officer and decided that should be D Kwasnowski. The appointment will be made next week. Zoning Discussion The Vania Community Development Plan will start this month. D Kwasnowski and Mike Welti are working on getting a work plan together, trying to decide on concrete products l :age 2 of 5 T13 1 -12 -11 and what the budget will be. The bigger question is the climate in which the plan will be executed and how that affects the zoning law rewrite. 17 Kwasnowski said a few months ago the timeline was a little different and he thought if a successful application was submitted for a larger project they could handle it, but now he is not so sure. He said the board should be prepared for that case. He wants the community development plan to be coordinated with the zoning law rewrite to the extent possible. D Kwasnowski and Atty Perkins have discussed the potential of proactively enacting a moratorium in the Varna area. He said he hates to see it in reaction to an application, but there may be a need. The town has identified a need for extra planning and is trying to come up with a real analysis and then developing and revising the zoning law. He wants to make sure we don't get into a situation where we can't get: anything done. He will provide the board with a memo. The Town would be justified in enacting a moratorium in this instance. D Kwasnowski said it is better to try to get: landowners involved in planning first and get their meaningful participation. He advises moving ahead, but be ready to enact a moratorium if necessary. Items still to be done for the new zoning law: Adding a Neighborhood Residential Zone. This seems to be favorably viewed by the public. Supv Sumner thinks this is okay. Mining -needs more discussion. Parking ® Rural residential allowed uses - allowing more uses by special permit: by creating a Neighborhood Residential Zone. Mixed use commercial district - D Kwasnowski has drafted language defining that. Mobile home park ordinance - This is a stand -alone ordinance. This will be left out of the new zoning law, except where it is an allowed use. It is now only allowed where there is public water and sewer. D Kwasnowski said the Planning Board felt the town should not dismiss that type of development, but it should be managed well, because it is an affordable housing option. Conservation subdivision will be moved to the subdivision law. Large scale retail overlay - There seems to be a reluctance to put this zone on the map. There is a plan ready to go, so it can be left out for now, and enacted if necessary in the future, Elder cottage - This is taken from state law. Administrative provisions and enforcement section don't need much work. D Kwasnowski said he is working toward a new complete draft in adoptable form. He suggested that the density table will be put: aside until the Varna Plan is done and go back to using a minimum lot size. The plan itself can be an appendix to the 2005 comprehensive plan and be adopted as an amendment with the density formula and table. This would allow the Town to get through the major portion of the zoning law- and get it adopted. J Skaley suggested substituting his document for Article 8 as interim zoning for the hamlet of Varna_ it defines what currently exists as residential, etc within the hamlet and Page 3 ot, 5 TB 1 -12 -11 provides definition that the RC zone doesn't. 1) Kwasnowski said he likes what: was proposed • in that document and sees the logic, but. can't see the rationale to support it. That's what: the community development plan will get us to. J Skaley said this will give property owners a feeling of protection. D Kwasnowski said there is still a need to do transportation study and water/ sewer study, but we will likely end up with something similar in the end. D Kwasnowski said we can wait to do the whole thing when the Varna plan is done which will likely be July. We can be done with the zoning law sooner if you put the Varna part aside for now. D Weinstein said the advantage of interim zoning is that there is a template of the pieces that need to be included. Supv Sumner said it is much simpler to finish the larger part and finish Varna later. There is a need to move ahead with the rest of the town, and there is a mechanism for putting a place holder in for Varna. The consensus is to pull the density table for the Hamlet district out of the zoning law and replace it with a place holder that uses the minimum lot size for density as it was when the law was passed to the Town Board from the Planning Board. When the Varna Plan is completed, the comprehensive plan will be amended by taking out the recommendations on the hamlet zone and replacing it with a reference to the Varna Plan, which will be appended to the plan. The status of the hamlet plan will be discussed next week at Planning Board. RESOLUTION #35 (2011) - APPROVE ABSTRACT #13 AND ABSTRACT #1 isSupv Sumner offered the following resolution and asked for its adoption: RESOLVI' 0, that this Town Board hereby approves Abstract #13, as audited, vouchers # 1290 through # 1369, totaling $91,973.39, and Abstract # 1, as audited, vouchers #1 through #32, totaling $169,149.50. 2nd Cl Solomon Roll Call Vote Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Mining - The board needs to talk about: where mining is allowed and the general regulations under Article 9, Atty Perkins is editing this portion and it will be easier to read. The board needs to decide where to allow it and whether there is need for a minimum lot size. The zoning ordinance currently requires 20 acres and special use permit. We need to clarify that this addresses a mine or excavation that is not otherwise regulated by the mined land reclamation act. The Town can exclude where mining or quarries are allowed, but cannot regulate them. D Kwasnowski has had several inquiries about topsoil removal. With setbacks this is self - regulating and requires significant acreage (at least 15 acres) to meet the setbacks. (350' setback from top of slope.) This is subject: to special use permit: so the board would have full review. This also applies to gravel and swid. As currently written, the mining section of the zoning law does not: address gas drilling. This could be done as a separate regulation or as a separate part of the local law. TB I -12 -I I • The board needs to decide where to allow mining and address subsurface rights. It is currently allowed in the R -C and R -D zones. D Kwasnowski said it should be in low density areas, including R -A, cu-id will be subject to special use permit. Topsoil, gravel and sand are currently mined in the Town. D Kwasnowski can go through the process of determining where likely mining resources are and map an overlay. Gravel deposits tend to be north of Route 13. We can say there will be no mining below the water table and we must consider recharge areas. It is important to get an aquifer protection law in place. 17 Kwasnowski will get the aquifer map from Todd Miller. He will also collect information on where gravel deposits are. The board will then consider where the resources are and where there are constraints against it. Mines of significant size will be regulated by the DEC, not the town. Large scale retail development is not allowed because there is no provision for it. If it is proposed, then the town can address it. this. The section on shared driveways still needs to be addressed. Atty Perkins will review Signs - Park Outdoor would like the town to revisit this. D K.wvasnowski asked the board to review it and make sure it is what they want. Park says the sire of billboard allowed in the law is not a standard billboard size and they cm-i't rent them. They have signs that cannot be repaired because of DOT regulations (pre - existing, nonconforming structure). Basically, if it's not okay with local law, then DOT won't allow the work. Atty Perkins said Section 1502 would cover this situation. D Kwasnowski will share a letter from Park Outdoor and a letter from iaOT. D Weinstein suggested a minimum lot size for a PUD. D Kwasnowski said one reason for a PUD is to consider a proposal as a whole instead of in pieces. it provides for creative and thoughtful review of projects and allows for innovation, but sets standards. PUD avoids traditional zoning code and assumes you will consume all property. Article 13 - D Kwasnowski said he still doesn't know what to do with commercial riding facilities. The rest seems fine. They have not been regulated in the past and there have been no problems. D Weinstein said the planning board felt it could cause neighborhood conflicts. Supv Sumner suggested it be allowed by special use permit and regulated by conditions of the permit. The board agrees. D Kwasnowski will provide a clean version of the document with the changes talked about so far. Supv Sumner asked the board to review that for other concerns. The next meeting will address frontage, density, mining, signs, shared driveways and PUD. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:50 p.m. Respectfully submitted, Barnbi L. Avery Town Clerk Page 5 of 5 Name - IeaTrintol { _ se____ . w S\fY*\OA Town of Dryden Town Board Meeting January 12, 2011 Address or Board je� j I s 450) 1. Call Meeting to Order 2. Roll Call Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, January 12, 201.1 3, Discussion Items a. Role of ZBA (cuid PB) Alternates b. Oakbrook Drive Right- of -wa y purchase 4. 1 -19 -11 Agenda Items a. Solat Public Hearing b. Dryden Listening Project Presentation c. 2011 Equipment Purchase & Sale Resolution.doc d. CRWD MPR authorization 5. Abstract approval 6. Zoning Discussion a. Mining b. Density requirements for the hamlet zone and the mixed use commercial zone c. Density and Frontage Formulas d. OTNDO Review e. Large Scale Retail Overlay (LSRO) f. Planned Unit Development g. 'Timeline for remaining; sections The Next Town Board Meeting is Wednesday, January 19, 2011 at 7:00 The Next Abstract and Agenda Meeting will be Wednesday, February 9, 2011 at 7:30 (note new time) 1. Call Meeting to Order 2. Roll Call Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, January 12, 2011 !7 O0 3. Discussion Items a. Role of ZBA (and PB) Alternates b. Oakbrook Drive Right -of -way purchase 4. 1 -19 -11 Agenda Items a. Solat Public Hearing b. Dryden Listening Project Presentation c. 2011 Equipment Purchase & Sale Resolution.doc d. CRWD MPR authorization 5. Abstract approval 6. Zoning Discussion a. Mining b. Density requirements for the hamlet zone and the mixed use conunercial zone c. Density and Frontage Formulas d. O"[NDO Review e. Large Scale Retail Overlay (LSRO) F, Planned Unit Development g. Timeline for remaining sections The Next Town Board Meeting is Wednesday, January 19, 2011 at 7:00 ® The Next Abstract and Agenda Meeting will be �I Wednesday, February 9, 2011 at 7:30 (note new time)