HomeMy WebLinkAbout2011-04-13Present:
Absent:
Elected Officials:
*10B 4-13 -1 t
TOWN OF DRYDEN
TOWN BOARD MEETING
April 13, 2011
Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Jason
Leifer, C1 David Makar
Cl Joseph Solomon
Bambi L. Avery, Town Clerk
Other Town Staff: Brian Mcllroy, Bookkeeper
Daniel Kwasnowski, Director of Planning
Mahlon R. Perkins, Town Attorney
Andy Sciarabba, TG Miller Engineers
Supv Sumner opened the meeting at 7:35 p.m.
A water service area comparison report has been prepared by T.G. Miller for a Cortland
Road water service. A meeting was held with village representatives tonight and there seems to
be a positive feeling about: moving forward. They need to meet with the health department to
make sure they will allow the use of that much water, A draft Water Supply Agreement
between the town and village has been sent to board members for their review. The Supervisor
has preliminary figures for review by those interested. There are three options in the
comparison. When an option is chosen and certain questions have been answered, a map, plan
and report will be prepared.
Supv Sumner said they have a proposal from 'C.G. Miller for preparation of a map, plan
and report for the Yellow Barn area. This will be on the agenda next week and the board can
appropriate funds for that should it choose to do so.
Emergency planning - Supv Sumner would like Cl Makar and Cl St:eljck to meet with
Beth Harrington about the County's new tool kit for municipal emergency planning.
Building use policy - Supv Sumner said we are getting more and more requests for use
of the town hall and realize we need a policy for who may use the building and what kind of
supervision may be necessary. it will be addressed next month
A safety committee has
been established in
response to
the
recent visit from the Public
Employees Safety and Health representative.
Brian
Mcllroy will
act
as administrative liaison
and will coordinate safety traini.ngs. He is also attending the PERMA risk management training
in May.
April agenda items were reviewed and include:
• Sound Performance Standard:
• A report by Dominic Frongillo
Savings Education Program.
• Dryden Resources Awareness
the town to ban gas drilling in
i Public lelearing
on the first quarter progress on the Community Energy
Council will present a petition and rationale for asking
the town.
Page 1 ofx
•
'19B 4 -13 -3 l
0 + Oommur,1 ty Oardcn rprojcct'
The recreation Master Plan will also be discussed next week. The Recreation Director
will have a brief presentation and Supv Sumner asked that h
one of t1c rcereotion liaisons have a
re&:oluLion prepared for the board to adopt the plan,
Supv Sumner said the k;��se with Clarity Connect for twhai property on Beam Hill Rood
ha.d to be amended. The town is allowed to lease town property if the town is not using it and
there is a benefit: to the community, The benefit of the internet projecil is pm. t'ty well
doctLraentcl_d_ Al.ty Perkins has prepared a resolution rescinding the previous resolution
authorizing a lease,
RESOLUTION NO. 79 (2011) - AUTHORIZE LEASE OF TOWN - OWNED PROPERTY
TO CLARITY CONNECT, INC.
Cl teliek offcred the following resolution and asked for its adoption=
WHEREAS, the Town of Dryden ('fowrt ") owns real property at 285 Beane I•Iill Road,
identified 2s Town of DryFden 'Tax Map Parcel No, 60. -] -7, k4hich property was conveyed to the
Town by deed recorded in fiber 554 of Deeds at page 1189 in the Tompkins County Clcrk't5
Office, and
WHEREA S, thc; Town has improved t:he property and owns a telecommunications tower
on said parcel, which tower is for the use of its highwv iy department, and
WHEREAS, said tower had exc!c!ss space and s.apacity, and such wpace constituL -A
surplus property, and
WHEREAS, the 'Town has previously approved leases with Neptune Hose Company No-
1 of Dryden, Inc_, Dryden Central School, and Cornell Teaching and Research Oentcr (along
with the Town oC Dryden, the "c.,xisting users ") in the manner provided by law for the lease of
town -awned property, and
WHP,RFAS, a proposed lease of part of the Town's surplus property at 285 a,am Hill
Road with Clarity' Connect, Inc_ (" larityRj and Armor Tower, Jnc, ('Armor"), was approved on
April 5, 201 1 by Resolution No. 76 (20 11 ), which lease provides, among other things, that the
Tenant may construct a telecommTinka.tions tower can such surplus property, is required to
relof6ate the existing users' antennae, cabling, etc, to the »ew Clarity /Aririor
telecommunications tower, and make the electrical re- connections of the existing users to the
grid and existing standby ernoNency power supply, is for a five -year term and also requires
Clarity and /or Armor to pay for all etectricity furnished all the tower users, and also reserves
the right. of the "Town to charge existing usrrn a fee to have their antennae and equipment.
locaN -A on a nork- town -owned tower situate on town- otivned property, and provides certain
rights for the- Town to acxluire the telec_cammunications tower, and
WHEREAS, the proposed lease approved by 11he Town on April 5, 2011 contained
certain provision. deemed unocceptablr. by Clarity and Armor, and
WHEREAS, the proposed lease has been re- negotiated wiCh Cladty and Armor, such re-
negodatcd lease contains sub &stantially the same provisions, except as follows:
1., The Term is for 20 years_
I'pge 2 uc8
'1013 4 -I3 -I
2. The Term may be re- negotiated at the end of the Term based on then current market
• conditions.
3. The 'Town will have a continuing right of first. refusal to purchase the tower in the event
of any sale, and
WHEREAS, the
Town's
tower is in
need of extensive
maintenance
and there
is capacity
on the Clarity /Armor tower for
all existing
users of the Town's
site at 285
Beam Hill
Road, and
WHEREAS, the relocation of existing users will allow the existing town -owned tower to
be removed and will obviate the necessity of expending funds on maintenance of an old tower,
and
WHEREAS, the proposed re- negotiated lease between the Town and Clarity /Armor
expresses the consideration for the use of town -owned property including the obligations of
Clarity /Armor referred to in the recitals hereof, and the right for the Town to acquire the
telecommunications tower under the conditions and terms set. forth in the proposed lease, and
WHEREAS, such re- negotiated lease has thoroughly been reviewed by the Town Board,
NOW, THEREFOR(, BE IT RESOLVED by the Town Board of the 'Town of Dryden as
follows:
1. Resolution No. 76 (2011) is hereby rescinded.
2. That portion of said town -owned property described in such lease not currently utilized
by the Town is determined to be surplus property.
3. The consideration expressed in the proposed re- negotiated lease is determined to be
fair, reasonable and adequate consideration for the lease by the Town of such surplus
property.
4. The Town Supervisor is hereby authorized and directed to enter into a lease agreement
with Clarity Connect, Inc. and Armor 'Power, Inc. in substantially the form of the re-
negotiated lease presented to the Town Board.
5. This resolution is adopted sulZiect to a permissive referendum as provided in Article 7 of
the Town Law,
G. The
Town Clerk is directed
to
publish
and post as required by law notice of adoption of
this
resolution within ten
(10)
days of
the date of adoption hereof.
7. This resolution shall take effect the sooner of thirty (30) days after the adoption hereof if
no lawful petition for a permissive referendum is filed, or upon approval by the electors
of the Town as provided in Town Law Section 91 if such a petition is filed,
2nd Cl Makar
Roll Call Vote Cl Stelick Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
At the last meeting, the board approved a waiver of certain fees associated with the
Clarity Connect project and authorized the Supervisor to sign an agreement provided it was
consistent with the terms outlined at the special meeting. Atty Perkins has prepared that
hage3of8
TB 4 -13 -11
agreement. It requires an annual report from Clarity of how they are meeting the goals of their
grant, and the town makes a determination annually regarding how much, or all, of the one-
fifth of the total fee will be waived. It was noted that the local law only refers to the ability to
waive tower fees (the application fee and the fees of the town's consultant), not building permit
fees. The fee waiver agreement does not address building permit fees.
It was noted that the planning Department has not officially been formed yet. Supv
Sumner said they will probably get to that next: month.
County Briefing - Martha Robertson said she is unable to attend the board meeting
next week and would like to give her report tonight. The county legislature is looking at their
budget situation and planning on a tax cap being passed by the state. The state budget that
was passed included a million dollars of cuts in programs that the county still needs to
provide. The legislature NN411 have a retreat on the 25th and try to set a target for the coming
year. The do have legal authority to go over the cap (according to the bill passed by the Senate)
if 1.0 of the 15 legislators approve. On average the state mandate portions of county budgets
are 90% the tax levy.
M Robertson distributed information about hydrofracking and strongly encouraged the
town to pass a ban on drilling in the Town of Dryden. There has been a lot of news about the
study of overall carbon footprint of shale gas. It. appears that it is .worse for global warming
than coal, conventional gas or oil.
Supv Sumner shared a paper from the EPA to wastewater treatment facilities detailing
the process for regulating frack water in the state.
Two budget modifications are necessaiy�. One is to set up a contractual account for t:he
® energy coordinator so that expenses can be tracked for grant purposes. The funds come from
savings in the new planner's line because she didn't. come on board until March.
RESOLUTION #80 (2011) - BUDGET MODIFICATION
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modification:
From
A8020.103
21141 Cl Makar
Roll Call Vote
To Amount
A8020.407 3,000.00
Cl Stelick Yes
Supv Sumner Yes
CI Makar Yes
Cl Leifer Yes
The second budget modification has to do with the purchase of a truck and the highway
equipment capital reserve fund.
RESOLUTION #81 (2011) - BUDGET MODIFICATION
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modification:
I'agc 4 Orb
TB 4-13-11
$125,000 from the Town of Dryden l•lighway Capital Reserve Fund to be used toward the
® purchase price of a new ten -wheel truck with dump box and snow plow equipment, pursuant
to resolution of this board adopted on .January 19, 2011.
2nd Cl Stelicl<
Roll Call Vote Cl Stelick Yc;s
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Varna moratorium — Cl Leifer said Nick Bellisario has submitted a proposal to the
planning department for 20 town home apartments. He said substantial funds are being spent
by the town on a study and there now is an application for something to go in before the zoning
changes. D Kwasnowski said the application is not complete. The stormwater plan is in order
and Bellisario wants to make changes in his plan independent: of a development proposal. The
applicant knows any change will have to be approved. Applicant pays for review by TG Miller.
The review will take time. The significant delay is that the law says a special use permit is not
necessary if it is 2 acres or less, and you can do up to 10 units per acre. The problem is that
the estimated acreage is 2.14 acres. The buildable area of the lot, by the estimate is under 2
acres. The actual property owned goes to the centerline of the road and so becomes slightly
more than two acres. It can't be reviewed until there is a legal survey. The owner can apply for
a special use permit, or because the law is fZirly vague, the %BA could interpret that if he
structured his appeal correctly.
Cl Leifer asked how this affects whether the moratorium will be discussed. The idea is
that a moratorium will be in place while the Varna plan is prepared. Supv Sumner said the
timing still seems to be that the permit is unlikely to be complete until about the same time the
study will be finished. She will not lead an effort: for a moratorium because she doesn't think it
is necessary, but if the board wants to, they can have that discussion. C1 Leifer said it seems
as if a plan will not be complete before an application is. it is not a good use of money to do a
plan for Varna if we are continuing to accept ~applications. Supv Sumner said she agrees that a
plan should be finished before any development continues in Varna, but she doesn't think a
moratorium is necessary to make that happen. She would rather spend the time and effort in
getting the plan done.
D Weinstein said that as a member of the planning group, it is very frustrating to know
that a new project: can throw the whole process into chaos. We need to plan in an appropriate
way rather than a reactive way. It makes sense to have a moratorium in place.
Cl Leifer said the Varna community has defined an area and we need to actually work
with them. He will bring something next week to be considered. D Kwasnowski added that
only specific uses could be included in the moratorium, such as multi - family housing.
D Kwasnowski said this is a case where a moratorium is rationally justified. He senses
that the board is struggling with finalizing the new zoning law as it is. In the month or two it
will take to do a moratorium, they could have t:he new Toning law finalized. D Kwasnowski said
he has spoken harry Fabbroni on behalf of Steve Lucente, Bellisario & Phillips regarding the
plan and they are on board. He will contact other reality companies to discuss the plan. S
Lucente has a very well- defined vision of what his ultimate goal for his property is. Bellisario
has had a few ideas over the years, the townhome aWArtments is the most recent. They have
all indicated they will participate in this process.
® The Bellisario site will be stabilized, revegetat:ed, and have stormwater controls as
necessary for a fill site by the end of summer. Even if he presses forward with the application,
I'age 5 of'8
rs a -13- 11
he won't be
ready
for anything until the
end
of summer.
A site
that is in
violation will not: be
considered
0
for any
construction permit.
His
stormwater
plan
still needs
work.
Cl heifer said Bellisario could submit a plan and get approved under current zoning and
not: begin building for several months. D Kwasnowski said that was right, but: he didn't believe
approval could be obtained in six months because there are several things that have to be done
(water/sewer hookup applications, geoterhnical because it is a fill site, and the stormwater
plan needs work).
Supv Sumner said everyone needs to understand that Bellisario is working with us, not
trying to beat us to a deadline.
D
Kwasnowski said
indications
are that the development community wants to work
with the
town, and it is worth keeping
them positive.
Atty Perkins said if the town is going to consider a moratorium, it will need to be done
by local law. That is not a long process and does not involve SEQR. He suggested that he
work with Cl L.ei.fer to work on the language and define an area so they can have it ready to be
enacted in short order if necessary. If developers know that it is a possibility, they will
probably continue to be engaged in the discussion.
D Kwasnowski said they had great kick off meeting in Varna for the Varna plan. He
said they really need to focus on character and come up with what you want the character of
the community to be. Jane Nicholson has done a character assessment of Varna, and it is very
similar to what the community carne up with. The department. has new software that is used
to model a community. You can then do build out: scenarios and various other things and it
creates a visual model of the community based on different rules. It is a good tool to use. D
Kwyasnowski wants to focus on character and look at numbers at the same time and see what
can be done while maintaining the character. Behan Planning is handling the Route 366
transportation part of the plan and the town's Planning Dept is handling the general planning.
At the next meeting they will discuss the redesign of the state route. How Route 366 will look
in the future is a big part of the plan. They need to preserve the transportation corridor and
still preserve and enhance the character.
D
Kwasnowski said he
expects that
by June they will have public workshop for
feedback
and a complete plan
for Varna by
September.
B Schickel asked if it is always best to continue the existing character. It seems like
there is a desire to perpetuate the status quo. D Kwasnowski zoning as a rule seems to
manufacture status quo, and it is not: always good planning, and that is why he is stressing a
community development plan.
There are three main products in the Varna plan - Route 366 redesign, zoning
amendments that will be necessary, and the amendment to the comp plan.
D Weinstein said they have an engaged community and are on record as being a
community that wants appropriate change.
Supv Sumner said the following Articles in the new zoning laws are ready for review by
the town attorney: Article Vii - Conservation Subdivision, Article V111 - Overlay Districts, Article
X11 - Special Use Permit Process, Article X111 - Standards and Requirements for Certain Uses,
Article XiV - Variances and Appeals, and Article XV - Non - Conforming Uses and Structures.
40 B Schickel said he has concerns about the conservation subdivision density formula.
He said you have to take out any constrained land and then do the calculation. It is not clear
Page 6 o f 8
'1613 4 -13 -11
in the document if this is the same for other subdivisions. if you have to remove constrained
land, it results in less density than in other zones. It is a significant departure from what we
have now.
D Kwasnowski said it is an issue, and he was going to review it when the subdivision
law is reviewed. He would like to build in bonuses or leave a flat density requirement for
conservation subdivision for the reason just explained. If the land is constrained anyway, then
you are further limited to what you can do. 'There is the further problem in New York State of
not being able to reasonably implement shared septic systems. The board needs to look at it
and make a decision.
Supv Sumner said her notes indicate that section was done and was being moved to the
subdivision law. If this is dragged out long enough, there will be six more changes that will
drag it out further. We seem to be giving ourselves a moving target: every month. She will
move it to the bottom of list and discuss it again when reviewing the subdivision law.
B Schickel said the board needs to really look at the density issue because it has broad
implications on property values and will cause a lot of problems.
Craig Anderson said agriculture property is nothing more than rural residential the way
it is written now. Restricting the conservation properties invites development on ag properties.
Article VIII - Overlay Districts - Large scale retail overlay was changed 1-0 a floating
zone. If someone wants to apply it someplace, they will have to get a. special use permit to
apply it on a specific site.
RESOLUTION #82 (2011) - APPROVE ABSTRACT #4
® Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #4, as audited, vouchers
#233 through #344, totaling $586,658.80.
2nd Cl Stelick
Roll Call Vote Cl Stelick Yes
Supv Stelick Yes
Cl Makar Yes
Cl Leifer Yes
Article; XI - Density for Rural Residential and Rural Ag - D Kwasnowski said there are
two places that he has any outstanding issues. Road access points and their spacing has been
discussed. There are some technical things that need to be addressed and clarified. He will be
working with Atty Perkins on the language. The other is the planned unit development
process.
Article IX - The shared driveway language is being refined and will have an appendix of
an approvable; shared driveway agreement.
Article IX - There is a reference to public utilities and gas. Cl Leifer asked if that would
apply to a feeder pipeline as written. There is a definition of public utility that should be
clarified. Atty Perkins will look at public service law.
® Article XVI - Administrative Provision - D Kwasnowski noted the board still needs to
officially create the planning department.
Page 7 of 8
'rB 4-13-11
0 Article XVIi - Enforcement - No comments.
Article Xi -Site Plan review - Will be reviewed in May.
Article X - Planned Unit Development - D Kwasnowski said this allows a developer to
offer a plan for development: that he feels will work in a specific area, but is not allowed by
current zoning. All PUDs have some sort of interaction between the Planning Board and the
Town Board. It is not intended as a way around a zoning law, or a way to put. something in a
place that isn't appropriate. The way to accomplish that is to have certain standards in the
process. A PUD may be mixed uses or it may be an atypical subdivision. D Kwasnowski
distributed a flow chart showing how the process would work and reviewed it with the board.
it has previously been reviewed with the Planning Board. Approval of a PUD would essentially
accomplish several zoning changes in one area with one application.
Supv Sumner said the PUD language will be discussed next month.
Supv Sumner to hand deliver hard copies of the most up -to -date revised zoning law to
board members by Friday, as well as hard copies of items for next week's meeting.
Supv Sumner said
the new subdivision
law
will be considered after the new zoning law
is adopted. PUD could be
done outside zoning
law
also.
D Kwasnowski said the Subdivision Law should not be put off too long since it contains
the Conservation Subdivision which is a major cornerstone of the new zoning law. He added
that when the new zoning lacy is adopted, Varna density will be four units per acre until it is
changed when the Varna plan is completed. When the Varna plan is complete, the board may
want to do more plans like that for other areas.
There being no further business, on motion made, seconded and unvlimousl_y carried,
the meeting was adjourned at 9:54 p.m.
Respectfully submitted,
A��hi � ? r�,l�i -�
13/ambi L. Avery
Town Clerk
Page 8 orb
1. Call Meeting to Order
2. Roll Call
3, Discussion Items
Dryden Town Board Meeting
Dryden Town Hall
93 East Main Street
Wednesday, April 13, 2011 ^ 7:30 PM
8. Future discussion items
a. Dog Law Amendment
b, CEAs (after zoning is done)
a.
Cortland Road Water District
b.
Proposal for Joint meeting of TB, PB, ZBA
c.
Emergency Planning
d.
Building Use Policy
e.
Safety Committee
4.
April 20, 2011 Agenda Items
a.
Sound Performance
b.
Report from Community Energy Education Coordinator
c.
Yellow Barn Road Water District Map, Plan and Report
d.
Community Garden Report and Request
e.
DRAC Petition
5.
Abstract approval
6.
Budget
Modifications
a.
Highway
b.
Planning
7.
Zoning
Discussion
a.
Completed and ready for review by Town Attorney
1, Article VII Conservation Subdivision
2, Article VIII Overlay Districts (TNDO and LSRO) Large Scale Retail Overlay
3, Article XII Special Use Permit
4. Article XIII Standards and Requirements for Certain Uses
5, Article XIV Variances and Appeals
6. Article XV Non - Conforming Uses and Structures
b.
Discussed in March to be finalized in April
1. Article VI Area and Bulk Regulations
2. Article IX General Regulations (esp, signs and shared driveway requirements)
3. Article XVI Administrative Provision
4. Article XVII Enforcement
c.
For April Discussion
1. Article X Planned Unit Development
2, Article XI Site Plan Review
3. Subdivision
8. Future discussion items
a. Dog Law Amendment
b, CEAs (after zoning is done)
Name - !Jhase Print;
Town et nrygen
Town Board Meeting
April 13, 2011
Address or Board
0 'Y0 -E r) rZo.A
less 5LCC,s NNG(k,� (L&'
q( l { V 1/1 t ,I 1 1 I { 1\ X10 1