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HomeMy WebLinkAbout2011-02-091`13 2 -9 -11 TOWN OF DRYDEN TOWN BOARD MEETING February 9, 20I1 Present: SupenTisor Mary Ann Sumner, Cl Stephen Stelick, CI Joseph Solomon, CI Jason Lcifer, CI David Makar Elected Officials: iambi L. Avery, Town Clerk Other Town Staff: Brian Mcllroy, Bookkeeper Daniel Kwasnowski, Director of Planning Melissa Bianconi, Director of Recreation Supv Sumner opened the meeting at 7:37 p.m, Andy Zepp, of Finger Lakes Land 'Trust, spoke to the board about the Bernt:sson property they recently acquired in the town. It: is 169 acres bisected by Irish Settlement Road. The property has been identified as a priority by the Land Trust, Tompkins County Planning, and others. It links 8,000 acres of existing public open space; including Yellow Barn State Forest, I•lammond Hill State Forest, the Roy Park Preserve, Cornell Plantations and other lands. It features extensive wetlands. Where Six Mile Creek runs along Irish Settlement, it is pristine and contains native brook trout. The seller wanted full fair market value of the property, which was paid based on appraisal, and was a little over $400,000. They have closed and have raised $370,000 to date. The fund raising goal has been increased to $600,000 to make sure they have adequate endowment to crianage the site. irnproverricnts will include a parking area and rather substantial boardwalk and bridge over Six Mile Creek. Ultimately they would like to connect to grails on Hammond Hill and on to Yellow Barn. It could potentially, if landowners are willing, continue on to Ellis Hollow where the Land Trust has property for wildlife and possible recreation purposes. Immediate plans are to construct a parking area this summer and get a design for the boardwalk and bridge across six mile creek. Anything done with the property has to be tied to the State's planning process because by connecting; to state land they are connected to the State's process. Support for the project has been strong. The Land Trust: has commitments for funds from Cornell, the City of Ithaca, and Tompkins County. It is important to insure it is accessible to residents of Dryden and elsewhere. They hop(, town will consider their request for $25,000 in support. Most common anticipated uses for the property are hiking, cross - country skiing, wildlife walking and bird watching. On portions of the property retained by the Land Trust there will be some permit -based deer hunting. It will also make; Harrimond Hill more accessible because where the state forest borders the road there is nowhere to park. The Land Trust is also working on protecting additional land in Ellis Hollow and on Fall Creek. This year they are focusing on promoting the use of conservation easements. 'There is an enhanced federal tax incentive that makes donating easements more advantageous this year. In addition, the state offers a property tax credit of 25% reimbursement of school, county, and local real property taxes. A Zepp said they are delighted to continue to work with the town, and have already worked together on the Campbell property on Fall Creek and the Park(..-Dabes property at Route 366 and Mt Pleasant. Page 1 o f 9 1 �m 2 -g -> i 0 Dan Kwasnowski said the Conservation Board endorses the town supporting this acquisition. A Zepp said there will be no gas drilling on the property. Supv Sumner said she is thrilled that the property is being protected. She asked Cl h4akar to do a resolution for next week's meeting and asked that any comments be emailed to her. Finance reports were distributed. Supv Surnncr has sent: the board some notes on use of unexpended fund balance. She said the A fund could become uncomfortably low, The finance committee will discuss this at their meeting on Friday. Solat Special Use Permit Application The board discussed the Solat special use permit. The hearing has been closed and the board has 60 days to make a de6sion. Conditions of approval should be considered, D Kwasnowski said to make it as much as a home operation as possible because of the neighborhood setting, using conditions. Items discussed included signage, hours of operation, lighting, and no outdoor storage. There should be an oil separator and storm drain. There are already stage regulations in place for storage of fluids used in connection with auto repair. The board agrees that the property should maintain a residential appearance. Conditions should include: No oils or gas may be stored outside. No vehicles may lx: stored outside. No vehicles will be displayed for sale outside. Lighting shall be only of a typical • residential nature. Signage is limited to one square foot under our ordinance. Hours of operation should be clearly defined. The board agrees that hours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m., and Saturday and Sunday from 1.0:00 a.m. to 5:00 p.m. These would be the hours that customers would come and go, and would not prevent actual work on vehicles from occurring outside of those; hours. Sound performance standards - Cl Leifer presented a. proposed resolution for introduction which will be an amendment. to the Zoning Ordinance. The penalties are consistent with 'Town Law, Larger civil penalties will be included in the new zoning law. Adopting this will put something in place until the new law is completed and adopted. A public hearing will be scheduled for March 1.6. RESOLUTION NO. 45 (2011) RESOLUTION PROPOSING AN AMENDMENT TO THE TOWN OF DRYDEN ZONING ORDINANCE TO ENACT A NEW ARTICLE ESTABLISHING SOUND PERFORMANCE STANDARDS FOR CERTAIN COMMERCIAL AND INDUSTRIAL USES Councilperson Leifer offered the following resolution and asked for its adoption: WHEREIAS, the existing Town of Dryden Zoning Ordinance dues not provide for ti-mit:s on sounds emanating from commercial or industrial uses, and WHEREAS, the existing Zoning Ordinance does not contain any objective standards to determine whether excessive noise is emanating from a commercial or industrial use, and 0 Page 2 of 9 TB 2 -9 -11 WHEREAS, the town has a compelling interest in ensuring for its residents an isenvironment free from excessive noise from commercial or industrial uses, now therefore BE IT RESOLVED that a public hearing be held on amending the Town of Dryden Zoning Ordinance by adding thereto a new article to read as follows: "ARTICLE XXiV: SOUND PERFORMANCE. STANDARDS SECTION 2401. Policy Statement. The Town of Dryden has a compelling interest: in ensuring for its residents an environment free from excessive noise from industrial or commercial uses which may jeopardize their health or welfare or degrade the quality of life. The prohibitions of this article are intended to protect, preserve and promote the health, safety, welfare and quality of life for residents of the town through the reduction, control and prevention of such loud and unreasonable noise_ SECTION 2402. Applicability. The requirements of this article shall apply to all uses in the MA cone, any Planned Unit Development District, any use for which a special permit and /or site plan review is required, any industrial or commercial use in any zone or district whether or not a permit from the town is or was required, and any industrial or commercial use for which a use variance has been granted by theloning Board of Appeals. SECTION 2403. Definitions. (A) Any words or phrases not defined in this Article or in the Definitions in Appendix A shall assume their common dictionary definition. (B) As used in this Article, the following definitions shall apply: (1) A- WEIGHTED SOUND LEVEL - The Sound Level, in decibels, reported as measured by a sound- level- measuring instrument having an A- weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. `I`he level so read is designated "dBA." (2) DECIBLE (d8) - The practical unit of measurement for sound pressure level. The number of "decibels" is a measured sound is equal to twenty (20) times the logarithm t:o the base 1.0 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound [twenty (20) micropascals); abbreviated "dS." (3) COMMERCIAL USE - Any premises, property, or facility involving the purchase, sale, transfer or dealing in or with goods or furnishings of services, including but not limited to: a. b. G, d. e. f. g. h. Dining and /or drinking establishments; Banking and other financial institutions; Establishments for providing retail services; Establishments for providing wholesale services; Establishments for recreation and entertainment; Office buildings; Transportation; Warehouses; Page 3 of 9 TB 2 -9 -11 i. I•lotels and /or motels. (4) INDUSTRIAL USE - (a) Any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or non- durable goods; or (b) any activity and its related premises, property, facilities, or equipment involving the excavation and sale of topsoil, sand, gravel, clay or other natural mineral or vegetable deposit, and the quarrying of any kind of rock formation, not regulated under New York Environmental Conservation Law Article 23, Title 27. (5) SOUND LEVEL - The sound pressure level measured in decibels with a sound -level meter set for A- weighting. Sound level" is expressed in dBA. (6) PROPERTY LINE - The imaginruy line, including its vertical extension that: separates one parcel of real property from another. (7) SOUND -LEVEL METER - An instrument for the measurement of noise and sound. SECTION 2404. Prohibitions, (1) No use of any property to which these prohibitions are applicable shall operate or produce any source of sound in such a manner as to create a Sound Level which exceeds the limits set forth for the land use category stated below when measured at the property line nearest the receiving land use. Receiving land Time Use Category Residential use 7:00 a.m. 7:00 p.m. Unique Natural areas 7:00 a.m. 7:00 p.m. All others 7:00 a.m. 7:00 p.m. Sound Level Limit (dBA) to 7:00 p.m. 65 to 7:00 a.m. 55 to 7:00 p.m. 60 to 7:00 a.m. 50 to 7:00 p.m. 68 to 7:00 a,m. 58 (2) For any source of sound which emits .-a pure tone, a discrete tone or impulsive sound, the maximum Sound Levels set forth above sha11 be reduced by five dBA. (3) Nothing contained herein shall restrict or limit the imposition of stricter noise standards by the town board in an appropriate situation in connection with any approval requiring environmental review of the proposed action under Environmental Conservation Law Article 8 and the regulations promulgated in 6 NYCRR part 16. SECTION 2405. Exceptions. The Sound Levels herein prescribed shall not apply to noise emitted or related to: (1) Natural phenomena. (2) Church bells rung as part of any official church ceremony or service, and tower clock bells ringing the hour. (3) Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in anv emergency situation, provided, however, that burglar alarms, including vehicle alarms, not terminated within thirty (30) minutes after being activated shall be unlawful. (4) Warning devices required by OSHA or other State or Federal regulations. Page 4 of TB 2-9-11 (5) Lawful emergency maintenance or repairs. (6) Noise emanating from any agricultural activity, including silviculture activity. (7) The temporary use of property during; construction of a facility. (8) Use of public or private school premises for any lawful activity. (9) Gun clubs. (10) Noise from recreational pr personal use of internal combustion engines provided the same are operated within the parameters of the manufacturers recommendations. SECTION 2406. Measurement of Sound Levels. (1) The measurement of Sound Levels shall be made by any town code enforcement: officer or his designee with a Sound Level Meter meeting the standards prescribed by the American National Standards Institute S1.4. (2) Except where otherwise prescribed, the slow meter response of the Sound Level Meter shall be used in order to determine that the average of three readings taken over a 15- minute period does not exceed the limiting sound levels set forth in this section. (3) Measurement of Sound levels shall be made at the prescribed locations and shall be taken at least four (4) feet from the ground. (4) Compliance with Sound Level Limits is to be maintained at all elevations at the boundary of the property. SECTION 2407. Enforcement. This article shall be enforced by the Code Enforcement Officer or his designee and at all times by any peace or police officer. SECTION 2408. Penalties. Any violation of any of the provisions of this article is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not: to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars not more than seven hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent; offense all of which were committed within a. period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts, violations of this ordinance shall be deemed misdemezuiors and for such purpose only all provisions of the law relating to misdemeanors shall apply to such violations, Each week's continued violation shall constitute a separate additional violation.", and be it FURTHER RESOLVED, that the public hearing be held before the town board on March 16, 2011 at 7:00 p.m. prevailing time and that the town clerk publish and post notice of such public hearing as required by law. 2nd Cl Stelick Roll Call Vote Cl Stel.ick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Page 5 of 9 TB 2 -9 -1 1 Property tax cap - Supv Sumner said TCCOG has endorsed a resolution similar to the _ one passed by the county opposing the governor's proposal for a property tax cap. A board member- can bring this up next week if they are so inclined. She said the governor proposes a levy increase of no more than 2% or the rate of inflation, whichever is greater, and it can be overridden by a super majority of the legislative body. She said she is adamantly opposed to the stage setting a property tax limit, but she doesn't feel this particular resolution is well worded. Domestic Partnership -There has been a request for a definition of domestic partnership. The personnel committee will discuss this next week. Cl Leifer will reference a standard. Cayuga Press - Supv Sumner said she has received a letter from Cayuga Press requesting that they make interest only payments on their HUD loan until May. Recreation Master Plan - Supv Sumner asked the recreation liaisons to bring a resolution to accept it in March. Water /sewer bill -The board has received a request. to forgive a portion of a water /sewer bill because of a water leak, Supv Sumner said there is a cost associated with delivering the water, but the water did not go into sewer. She suggested that perhaps the sewer charge could be lowered and will find out the actual cost to the town for delivery of the water, and the board can discuss it next week. PLANNING DEPARTMENT D Kwasnowski said he has an Amendment to Professional Services with Behan Planning for the Varna Community Development, The agreement is written for $70,000, but D Kwasnowski recommends approving it: for an amount not: to exceed $40,000 (which is the budgeted amount). The board will address this next week. Interviews for the planner position will be held next week, and D Kwasnowski said they should have new planner in place by March 1. Tricia Strickland has resigned and has been replaced by another intern. They will work together for a few days so the new person receives some training. The Clarity Connect tower applications have been submitted. D Kwasnowski will provide comment on environmental aspects_ Jeff Kirby has provided comments and will be present at the hearing next week. March agenda items - Katie Stoner will do a presentation on the sustainability plan and D Kwasnowski expects there will be a special use permit hearing for a tack shop on Route 13. RESOLUTION #46 (2011) - APPROVE ASTRACT #2 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #2, as audited, vouchers #33 through # 129, totaling $520,288.74. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Page 6 of 9 TB 2 -9 -11 Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #47 (2011) - APPROVE BUDGET MODIFICATION Supv Surnner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification: The sum of $2,000.00 from A8020.104 to A8020.406, creating a separate budget line for intern mileage. 211d Cl Makar Roll Call Vote Zoning Discussion Cl Stelicl< Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes D Kwasnowski has provided a list of the work that has been done and still needs to be done on the new zoning law. He hopes to have another public issue available after a bit more work. It will also be posted on the website. The definitions are still being tweaked. D Kwasnowski and Atty Perkins are working on an appropriate definition for "lot of record °. The use table now reflects a commercial mixed use district and changes to the rural residential and neighborhood residential colurruls. The parking regulations language has been clarified and changed from a minimum to a maximum requirement. The frontage formula has been changed to not apply to an application for a neighborhood with a new street. Density for the hamlet district will revert back to minimum lot size until the Varna Community Development Plan is done. Mining - maps have been made with data provided by USGS. These show areas of potential gravel, but some known areas do not: slow up. D Kwasnowski asked whether the board wanted to do an overlay for mining based on the geology maps, or should it be done based more on what is conceivably a compatible land use in certain zones. Cl Leifer said it should be based on compatible land use. D Kwasnowski said that the resources seem to coincide with zones where they would generally be compatible with allowed land uses, such as rural ag and conservation. It will riot be allowed in commercial districts or hamlets or neighborhood residential districts. Applicants wishing to mine will have to provide geological information that the product exists in the location. SEQR review will assist in determining whether to grant a permit, and DEC will not allow mining in an area where it is a threat to significant natural areas. Review of an application will include determining whether the mining or the conservation is most important. The bo-u•d agreed to allow mining in rural ag and in conservation zones by special use permit, generally in low density areas. Page 7 of 9 TB 2 -9 -11 B Schickel said the board has designated a large portion of the town as conservation zone and by making it so large, it undermines the idea that this is special land that needs protection. There are competing interests in the zone. He suggested the board limit scope of conservation zone. Supv Sumner said the biggest limitations in the conservation zone are use of toxic chemicals and heavy traffic. Areas identified as unique natural areas and critical environmental areas will receive a higher level of protection. 13 Schickel said if you look at the conservation zone, there is a lot of area that would not be defined as a sensitive area. D Kwasnowski said the difference with the conservation zone if a subdivision is proposed in the area, you have to do a conservation analysis. if it turns out that in the analysis that there is nothing there worth protecting, then you can move ahead. Large scale retail overlay will be created as a floating zone. It will not be mapped, but will be included in the document. An applicant will have to propose a project on a site and obtain a special use permit (to do a planned unit development) to move forward. Shared driveway requirements - Most will go in the subdivision law, but some of it still belongs in the zoning law. A sample driveway agreement will be appended to the zoning law. Planned Unit Development - D Kwasnowski and Atty Perkins are working to come up with language and a process. There will be no acreage requirement for a PUD. The design guidelines will be helpful in a PUD project. it was suggested that it be allowed on town roads, depending on the condition of road, in addition to state and county roads. D Weinstein said it would be a mistake to make PUDs available on very small lots. Supv Sumner said she believes this is the section that still needs the most work. Elder cottage remains in the law, but is shortened. The mining /t.opsoil removal section was revised. The requirements for that type of operation are self - regulating. Atty Perkins is working on the variance and appeals section. He said it. should be kept as streamlined as possible since there is comprehensive state law on it, Non - Conforming Uses and Structures - D Kwasnowski said this language works fine and is a good improvement: over what was in place. Administrative Provisions - D Kwasnowski noted that the Planning Department still needs to be officially created. He has provided the board with a proposal. Enforcement - No changes are anticipated, but: Atty Perkins is reviewing that: section. The Long Form SEAR will need to be done for the zoning law. Conservation Subdivision %will be moved to the subdivision law. D Kwasnowski will clean up the zoning law and make available for public review. B Schickel said he is troubled by the frontage and density formulas. A lot: of exceptions can be made. Tehan Road is a small road, for example, off a main road. Why would you have those regulations on it? D Kwasnowski said this is a good point. 0 D Weinstein said the idea was to incentivize people to develop the back. parts of parcels. Page 8 u f 9 TB 2 -9 -1 B Schickel said the shared driveway language is not expansive enough. It is restricted to three lots, but each individual lot still has to have road frontage. He said more than three homes to a driveway should be allowed. D Kwasnowski said three to five hot-nos should be able to get along well enough to share a driveway. He noted that if someone proposed five to ten units at once, it would be a major subdivision. They would have to go through the planning Board and they can propose whatever road or driveway they want. B Schickel said the board should carefully look at the density and frontage formulas. It is way too complicated and needs to be simplified and streamlined. The board also should spend some time on the usage chart, because some of the restrictions don't seem to be necessary. It should deal with the types of things that you know are going to be problems. D Kwasnowski said the updated map, including neighborhood residential, will be available soon. Atty Perkins said there is still significant work to do, and it is unlikely the law will be in a form to be introduced next month. On motion made, seconded, and unanimously carried, the meeting was adjourned at 10:20 p.m. Respectfully submitted, r Barnbi L. Avery Town Clerk Page 9 of 9 Town of Dryden Town Board Meeting February y, 2011 Name - {Please Print; Address or Board la,Q jar r�� i v%,e j-}c r► yc C��, ,rrt" f VOA 4 ill r4 1. Call Meeting to Order 2. Roll Call 3. Discussion Items Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, February 9, 2011 7:30 PM a. Presentation: Finger [rakes Land Trust Acquisition — Andy Zepp b. Finance Report c. Special Use permit conditions d. Sound Performance Standards e. Property Tax Cap f. Domestic Partnership b. Cayuga Press request h. Need signatures on SCLIWC agreement i. Need signatures on IA\1 NN7P /JCI agreement 4. Proposed February 16 Agenda Items a. Clarity Connect Public Hearing b. Approve minutes: 1 -3, 1 -12, 1 -19 c. Solat Special Use Permit — SEQR d. 284 Agreement to Spend Town Ffighway Funds e. Sound Performance Standards f. Domestic Partnership g. Authorization of approval of issuance of bonds on behalf of Guthrie Clinic 5. Abstract approval 6. Budget modification 7. Zoning discussion The Next Regular Board meeting will be Wednesday February 16, 2011 at 7:00 PM The Next Abstract and Agenda Meeting will be Wednesday, March 9, 2011 at 7:30 7:30