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Home My WebLink About2015-09-17TB 9-17-15 Page 1 of 13 TOWN OF DRYDEN TOWN BOARD MEETING September 17, 2015 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Jason Leifer, Cl Linda Lavine Absent: Cl Joseph Solomon Elected Officials: Other Town Staff: Erin Bieber, Deputy Clerk Ray Burger, Planning Director Mariette Geldenhuys, Town Attorney Supv Sumner opened the meeting at 7:05 pm and board members and audience participated in the pledge of allegiance. Public Hearing Special Use Permit Fingerlakes Spine & Body home occupation 145 Main Street, Freeville Supv Sumner opened the public hearing at 7:08PM. The applicant, Sybil Coburn, has made adjustments per the Planning Department including decreasing the size of the parking area by over 2000 sq ft. They are working with a landscape designer to add natural vegetation to make the parking area more visually pleasing. They are requesting a home occupation level two, which will allow for three full time employees even though she currently employs three part time employees. She does not wish to limit her future growth. The applicant does not expect an increase in noise or other disturbances although the applicant was advised to add lighting to the parking area. She presented a letter from a neighbor stating they did not have any issues with the proposed business. Ms. Coburn thanked the Town Board and the Planning Department for their work and assistance through the SUP process. There were no public comments. RESOLUTION #137 (2015) – WAIVE SITE PLAN REVIEW –FINGERLAKES SPINE AND BODY Supv Sumner offered the following resolution and asked its adoption: RESOLVED, that this Town Board hereby waives full site plan review for the application of Fingerlakes Spine and Body, 145 Main Street, Freeville. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes This is an unlisted action subject to SEQR. The board reviewed the SEQR form for this project. Supv Sumner read each question aloud. TB 9-17-15 Page 2 of 13 RESOLUTION #138 (2015) – NEG SEQR DEC – FINGERLAKES SPINE AND BODY Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Fingerlakes Spine and Body for a Home Occupation level two business at 145 Main Street, Freeville. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act “(SEQR), (i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relev ant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part II; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Tompkins County DOT has approved the application pending Town Board approval. The public hearing was closed at 7:25PM RESOLUTION #139 (2015) – APPROVE SPECIAL USE PERMIT – FINGERLAKES SPINE AND BODY, 145 MAIN STREET, FREEVILLE Supv Sumner offered the following resolution and asked for its adoption: TB 9-17-15 Page 3 of 13 RESOLVED, that this Town Board hereby approves the special use permit application of the Fingerlakes Spine and Body requesting a level two home occupation at 145 Main Street, Freeville, subject to the Standard Conditions of Approval (8-2008). 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Public Hearing Special Use Permit Storage Squad 1401 Dryden Road, Freeville The public hearing was opened at 7:30PM The Town Planning Department does not have the County 239 review yet but the Town Board asked if the Storage Squad had more information. The applicant presented a slide presentation depicting the final layout and exterior design for the project. The project is a total of 79,600 square feet of which approximately 70,000 sq ft will be rentable space. Phase one will have 400 storage units, phase two will have approximately 315 additional storage units. Cl Lavine asked about the potential to build up rather than single storied buildings. The applicant indicated that would be more financially challenging in addition to the inconvenience for the customers. The applicant indicated that they intend to offer smaller, stacked compartments in the climate controlled section of the building for folks who are interested in storing only a small amount. Traffic is a potential issue. They anticipate about 6 vehicles per 100 units rented per day. The applicant has discussed the issue with the NYS DOT. The applicant asked for a conditional approval which Atty. Geldenhuys indicated is not possible. The applicant indicated that although they had anticipated using solar power, the amount of energy the project will use makes solar power unfeasible. It will be an energy efficient building. Parking has been reduced although if the parallel parking places along the buildings are considered, then they meet code. They have reduced the parking near the office since most of the customers can rent through a website. Margery Smiley Mau, one of the owners of 1401 Dryden Road, spoke on behalf of this project. Hilary Lambert wondered how the DOT was going to handle the situation. It is already difficult to get off and on route 13 in that area. The applicant pointed out that the entrance s to the businesses on the other side of route 13 are lower than the road level whereas this project will be higher and thus easier to see. Supv Sumner stated that the board would not take action tonight but the Planning Director, Ray Burger, will be in touch. The Board will be holding budget meetings and perhaps approval can be granted at one of those meetings. Public Hearing Local Law to override the tax levy cap Supv Sumner opened the public hearing regarding adoption of the Local Law to override the tax levy cap at 8PM and dispensed with reading of the public notice. The tax levy cap is 2.9 million dollars this year, about $40,000 more than last year mainly beca use last year our tax levy was $68,000 under the cap so the Town can carry that credit forward. The early draft TB 9-17-15 Page 4 of 13 budget is over that amount but includes all funds (the four operating funds, all special districts, the fire protection districts, ambulance districts and water and sewer districts). Although the Town has not exceeded the tax levy cap in the past, they have passed local laws to override the tax levy cap. Bruno Schickel said last year the tax rate was raised 11.52% and the tax levy 13.95%. Between 2008 and 2015, the tax levy was increased by 46.5% which equals an average 6.5% increase per year. These increases do not include any special districts. Last year (2014), the town overspent $570,000 which was covered by fund balance. The average deficit spending in the past 7 years has been $740,000. The Town savings has dropped from $8.4 to $3.2 million. Combined school, town, county, ambulance and fire tax equal $33.2 per thousand. Supv Sumner indicated $1.60 is Town tax and $1.15 is for fire protection. Mr. Schickel added $0.42 for ambulance. Mr. Schickel stated that the Town Board has an enormous impact on whether or not the Town grows economically; the more hoops developers have to jump through, the less likely they are to build in Dryden. Realtors selling homes in Dryden have to face the fact that Dryden has the highest tax rate. Every year a homeowner pays 3.3% of the total value of their home in property taxes, combined. That means every 30 years a person pays for their home again. Supv Sumner stated Mr. Schickel was failing to consider the services available in Dryden. Mr. Schickel advocated cutting spending rather than raising taxes. He requested that the town stop looking at the tax side of the ledger and start looking at the spendi ng side. Jim Skaley indicated that he pays his taxes specifically for services. If we fail to invest in infrastructure then we lose to the surrounding communities. The tax issue can be viewed in two ways: concern for imposing hardships on residents and how to remunerate those hardships or build the communities to make them attractive to future residents coming to the town. Just because we have to pay taxes to fund our government and all the services it provides is not something that should be viewed as a terrible thing. Some people would like to pay no taxes and live off the land, which is not feasible. Supv Sumner closed the public hearing at 8:25PM. RESOLUTION #140 (2015) – ADOPT LOCAL LAW TO OVERRIDE THE TAX LEVY CAP Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following local law and directs the Town Clerk to file the same with the Secretary of State of the State of New York. A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Dryden as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property ta xes that may be levied by the Town of Dryden, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2016 and ending December 31, 2016 that requires a real property tax levy in excess of the “ta x levy limit” as defined by General Municipal Law §3-c. TB 9-17-15 Page 5 of 13 Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2016 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporat ion or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes CITIZENS PRIVILEGE Cheryl Humerez, 908 Dryden Road, presented the Board with a petition against the proposed development at 902 Dryden Road. She said they are not against progress and development and she praised Modern Home Rentals for their 707 East Seneca Street, Ithaca. She said it fits in the neighborhood and fits with the existing homes. The development proposed for 902 Dryden Road is in the wrong location and does not fit with the Varna Plan which was intended to protect and enhance the hamlet character and quality of life. She does not believe the 902 project will compliment the hamlet and will look ridiculous amongst the single family homes along that side of the road. The homeowners along route 366 from Freese Road to Forest Home Drive have the privilege of having Fall Creek in their backyards which Ms. Humerez stated must be protected at all costs. Studies should be made regarding Fall Creek and the flood plain along the creek. The development will change the character of Varna. The decision to approve the SUP will dramatically affect a family of six and a neighbor that have been long time residents of the neighborhood. It will also change the quiet, quaint community into a transient extension of Ithaca with a higher traffic volume. She asked the Board members if they are willing to live next to the decisions they are asking others to live with and asked them to consider whether the applicant follows through in a timely manner. She claimed the junk pile at the back of the property has been left for close to a year despite requests by the Town Code officer to have it removed; she also stated that the dirt and stone pile the developers agreed to remove at the last Town Board meeting was not removed but rather smooth ed down and covered with hay. Laurie Snyder, 36 Freese Road, stated she is in attendance with several other Freese Road residents that are concerned with the pile of dirt on the Bellisario property at the corner of Freese road and Route 366. They are concerned with the scale and scope of the project and wonder if there is a limit to how much dirt can be put there. Originally they were told it was TB 9-17-15 Page 6 of 13 only going to be as high as the road surface, now there is a mountain. Does Mr. Bellisario still intend to build on the site? They are also concerned with the decr epit house that appears to be overwhelmed by the fill. She has called the highway department repeatedly regarding the overgrowth of plants that block the site line from Freese Road while turning left onto Route 366. She has pruned along Route 366 herself for the benefit of drivers. She has contacted Mr. Bellisario to no avail. Supv Sumner recommended Ms. Snyder call the State Highway Department since Route 366 is a state road. She also suggested calling Ray Burger, the Planning Director, regarding the situation. Cl Lavine asked if a Town employee or board member should call the DOT. Mr. Burger does not feel he would get a better response than a town resident. Cheryl Humerez is concerned that an elderly lady on Freese Road continues to get sicker and can’t have her windows open because of the amount of dust and debris the fill site. She has contacted the Office of the Aging and Environmental Health regarding the situation. Kim Klein lives across the street and said the noise from the site is constant. There will be a public meeting on October 6 at 7:00 p.m. at the Varna Community Center where Ray Burger will hear residents’ concerns on this issue and others. Public Hearing continued 902 Dryden Road Special Use Permit The applicants said they want to address some of the community’s concerns. They understand that this area is the “entrance to Varna” and they believe they are keeping with the character of the area with a multi-family development and a mobile home park right across the road. The type of architecture and design they are using fits with what people envision the character of Varna to be. The applicant said they were not contacted until July 24 with respect to the rubbish on the rear of the parcel, so they were n ot negligent for a year. The property has been cleaned up since they bought it. Noah Demarest presented drawings of what the town home design will be. There are two four bedroom units and the rest are 2 and 3 bedrooms. The front, rear and end elevat ions and floor plans were shown. Screening along the property boundary will continue along the parking lot. A split rail fence is proposed to create a buffer between the floodplain and the development. They are continuing to study the parking layout and are now proposing eight additional spaces that could be built if needed. The goal is to encourage less car usage and only build spaces as needed. A bike shed will be available for tenants to store their bikes. An updated landscape plan, grading plan and planting plan have been submitted. George Fowler of White Engineering is working on the stormwater pollution prevention plan and will work in coordination with the town engineers on those requirements. They have spoken with Todd Bittner about signag e on the fence noting the natural area and discouraging people from creating a path in the natural area. They want to keep activities contained within the development. The natural barrier will contain native vegetation. George Fowler explained that in preparing the stormwater management plan they review the proposed activities and quantify the area of disturbance. The area of disturbance in this case requires a full stormwater pollution prevention plan (SWPPP). This entails not only the temporary erosion and sediment control during construction, but also post construction management practices addressing both water quality and water quantity issues. They consider TB 9-17-15 Page 7 of 13 the best alternatives for treating the stormwater quality and quantity. They plan to pres erve and enhance the riparian corridor and try to shrink the amount of impervious surface. They will ensure that the post construction peak discharges do not exceed the preconstruction discharges by construction of a bio-retention pond. The site currently has well-drained soils and they will be able to achieve good infiltration rates. They anticipate that the post construction discharges will be much better than the preconstruction discharges in this instance. There should be no runoff from the site until a ten-year rainfall event, so this is an improvement over current conditions. G Fowler explained the system on a display. They have a few items to do prior to submitting the plan to the town. Cl Lavine asked whether they would use a permeable surface for the parking lot and was told that it isn’t necessary because they have high filtration rates because of the porous soils. Noah Demarest explained because of the concern with line of sight at the driveway intersection the applicants have cut back some brush so they can get a better sense of what the visibility will be. A photo of the existing curb cut was displayed. The speed of the cars turning on to Forest Home Drive would be more of a concern. Will Parker, Freese Road, said he agrees with the previous comments by Cheryl Humerez. He has lived in Varna since 1982 and he sees this creating more problems than it will solve. He also agrees with Laura Snyder about the corner of Freese Rd and Route 366. That is affecting the health of a neighbor of the site. Hilary Lambert, 1676 Hanshaw Road, speaking as Executive Director of the Cayuga Lake Watershed Network. She has obtained flood plain maps and it looks like about 50% of the property at 902 Dryden road is in the 100 year flood plain. There are FEMA regulations in place regarding development in a flood plain and that should part of the review process. She said she appreciates the developers’ attention to the stormwater plan that they have, but is a bit concerned about the ditch on the west side of the property. That is really a stream that comes from across the road and through the trailer park. There is a stream that enters Fall Creek two properties up from the proposed development and also one across the creek. All that considered, it appears this is a low spot that may be subject to flooding. While the developer has focused well on getting storm water off the property, the creek itself and the surrounding streams have flooding potential with downstream impacts to Cornell’s prot ected areas. H Lambert said this looks like a great development and she has been watching the Varna plan with great admiration. This is the first viable attractive development that has been proposed, not counting the one on Freese Road. She is disapp ointed and surprised that it is in this environmentally vulnerable site. She asked the board to be very careful with this application. It appears that they would have to have some land filling on the flood plain. Everything needs to be carefully taken care of if this is to go forward. Applicant pointed out that there is a difference in the flood plain maps H Lambert has and the topographic survey that was done. None of the development will be in the 100 year flood zone. TG Miller confirmed this and they contacted FEMA. The amendment of a FEMA map is possible only by a locally driven process and could be quite time consuming. Todd Bittner, Director of Natural Areas at Cornell Plantations and Dryden resident, thanked the developers for meeting with him at the site. They understood the concerns and made some changes that were beneficial. The developers also recognize some of the vegetation issues and have indicated they will put in some additional screening. He appreciates those efforts, but still has concerns that he doesn’t feel have been fully addressed: TB 9-17-15 Page 8 of 13 o The turn from Route 366 on to Forest Home Drive and the location of the driveway. He doesn’t feel the photo displayed is accurate and that a better representation could be done. He believes public access for the project should be from Route 366. o Parking will be a problem if the space provided is not large enough. He appreciates the efforts described to encourage other modes of transportation, but if not enough space is provided, they will park along the road or in the Park Park lot. o The neighbor to the west will be affected by the parking lot. He suggested a six foot privacy fence and to make sure that the lights don’t shine onto the neighboring property. o Stormwater has the potential to be the most negative impact. He had hoped the developers would think of some other way to solve the current problem from the creek that runs through the property and into Park Park. They have had erosion and flooding in the past. The proposal is now to take about 40’ of day - lighted stream and put it into a pipe because that’s where part of the parking lot will be. We lose the ability for natural vegetation to slow the water down. In five years the rock placed there will be covered with silt. Now we have an outlet 40’ closer to a natural area and the same volume of water or more (to be expected because of climate change). There are other ways to deal with this than just putting some rocks at the end of the pipe outlet, though they may be more expensive. Marie McRae asked how the heating and cooling system would be powered and was told they will have the entire development be 100% solar powered so that it would be a net zero development. Robb Johnsrud, former tenant at 474 Forest Home Drive (owned by his mother-in-law), said he echoes T Bittner’s comment about the sight lines from the driveway. He said there is about four years accumulation of trash behind the property. There is a sewage pump station across the road that has malfunctioned in the past and caused sewage to back up into one house. He is happy to hear there is now a fence in the plan for this property. Jim Skaley is also concerned about the driveway’s proximity to Route 366 and the speed at which vehicles will be traveling. He likes the project as it is designed, but it is in the wrong zone. The project may be engineered to adequately protect some of these resources ; it still changes the character of the zone. We have zones to protect the character within a homogenous area. Irrespective of whether there is an apartment complex across the way, that doesn’t sway an argument to suggest it is okay to have it in this part which is zoned differently. If you allow this project, it will make it difficult to deny subsequent proposals. The idea is to direct development appropriately and not let it come in helter-skelter because we don’t have zoning at that point. The concept they have is admirable, but it is not in the right location. C Humerez told the board that there is not a bus stop at the corner of Forest Home and Route 366. Across the street is the westbound stop where the bus can pull off the road safely. The only other stop is across the street from Varna Auto. It was said that if there are two to four people on the corner, the bus will stop, but not if there are more than t hat number because there is not a good pull off area to safely stop. Supv Sumner said this is all interesting and a bit frustrating and there is a lot more work to do, especially in terms of the comments that the town is somehow not business friendly. But the stormwater issues are big. The neighbor concerns are certainly strong. But TB 9-17-15 Page 9 of 13 the project is very well thought out, so she hopes we can move this along. The real challenge seems to be in the stormwater and floodplain issues. The hearing was left open. County review won’t be done until after they receive the stormwater plan. TOWN CLERK RESOLUTION #141 (2015) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of August 13 and August 20, 2015. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes HIGHWAY/DPW DEPT No report COUNTY BRIEFING No report UNFINISHED BUSINESS Budget – Supv Sumner asked the board to review her recent email. Board members that are available will attend the budget workshop tomorrow afternoon at 3:00 p.m. NEW BUSINESS Budget modifications – Court has requested a budget modification to move funds from the equipment budget to the contractual line. RESOLUTION #142 (2015) – APPROVE BUDGET MODIFICATION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification: The sum of $900 from A1110.2 Justice Equipment to A110.4 Justice Contractual. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes The Planning Department needs to move $300 from Planning contractual to Conservation contractual for the town’s membership in the Cayuga Lake Watershed Network. TB 9-17-15 Page 10 of 13 RESOLUTION #143 (2015) – APPROVE BUDGET MODIFICATION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves t he following budget modification: The sum of $300.00 from A8020.401 Planning contr actual to A8710.4 Conservation contractual. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Water rates – Last month the board approved the Bolton Point water rate at $4.40 per ten thousand gallons. Supv Sumner suggests that the town water rate be increased to $5.90 from $5.80 per ten thousand gallons. After discussion about rates and trends, the board passed the following resolution. RESOLUTION #144 (2015) – ESTABLISH TOWN WATER RATE Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby establishes the Town of Dryden water rate at $5.90 per ten thousand gallons for 2016. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Sewer rates – the sewer plant rate went up $.70 and Supv Sumner said she thinks the town portion should go up $.50 because there is some catching up to do; in 2008 and 2009 we were selling the service for less than we were paying for it. Sewer rates are set by local law, and the board will have a proposed local law to introduce next month. Training for Planning & Zoning Boards – The board was previously provided with a list of online training opportunities for members of the Planning and Zoning Boards. RESOLUTION #145 (2015) – APPROVE TRAINING COURSES FOR PLANNING AND ZONING BOARDS Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following list of online training courses for members of the Planning and Zoning Boards: 2nd Cl Leifer Roll Call Vote Cl Sloan Yes TB 9-17-15 Page 11 of 13 Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Unity House – The board has received notification from Unity House that they will be purchasing a home at 196 West Lake Road to operate a five bed Individualized Residential Alternative for individuals with developmental disabilities. They do not need formal approval from the town board to do so, but the board wanted to make a resolution to support the project. RESOLUTION #146 (2015) – SUPPORT FOR UNITY HOUSE Cl Sloan offered the following resolution and asked for its adoption: Whereas the Town of Dryden supports the principles of inclusion and diversity and wishes to support developmentally disabled persons residing in a community setting; Whereas Unity House, a licensed provider of housing for individuals with developmental disabilities, has notified the Town in accordance with Section 41.34 of the New York State Mental Health Hygiene Law that they intend to operate a 5 -bed Individualized Residential Alternative for individuals with developmental disabilities at 196 West Lake Road; Whereas their program provides housing, 24 hours per day staff supervision, education and training in activities of daily living and opportunities for increased community and social integration; Be it resolved that the Town Board approves the location of thi s residence at 196 West Lake Road and welcomes our new neighbors. 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Put Fruit to Work Week – Supv Sumner has prepared a resolution. RESOLUTION #147 (2015) – PUT FRUIT TO WORK WEEK Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, we recognize that town employees are among the town’s most important assets, and WHEREAS, it is also recognized that wellness is a critical component for a healthy and productive workforce, and WHEREAS, we have established a Workplace Wellness program to encourage employees to make choices that promote wellness and health, therefore RESOLVED that the Town of Dryden will join other Tompkins County employers in recognizing “Put Fruit to Work” week, and TB 9-17-15 Page 12 of 13 AND FURTHER RESOLVED that to celebrate “Put Fruit to Work Week” the Supervisor will donate a supply of apples for distribution in the lunch room September 21 through September 25. 2nd Cl Lavine Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Zoning Amendment – A change in the definition of multi-family dwelling has been requested in order to better control density in rural residential and rural ag districts. RESOLUTION #148 (2015) – INTRODUCE AMENDMENT TO TOWN OF DRYDEN ZONING LAW Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local law and schedules a public hearing on the same for October 15, 2015 at 7:05 p.m. Preamble: The current Town of Dryden Zoning Law has defined standards for Single-Family Dwelling (one family), Two-Family Dwelling (duplexes), Multi-Family Dwelling (triplexes or above) and groups of Multi-Family Dwellings. However, when there is a grouping of Dwellings other than a series of Multi-Family Dwellings the Zoning Law is silent. Therefore, changes to the definition of Multi-Family Dwelling are proposed to encompass more types of groupings. Multi-Family Dwellings are allowed in the Mixed Use Commercial, Rural Residential and Rural Agricultural districts by Special Use Permit. While Section 605 of the Zoning Law provides maximum densities in the Mixed Use Commercial District there is no corol lary for other districts. Different ways to evaluate the density of a residential development are discussed in the Town of Dryden’s Residential Development Design Guidelines and the Comprehensive Plan and these factors would be looked at during the Special Use Permit process. While this evaluation may result in a more refined development density, there should be some section of the Zoning Law that sets a general parameter for any development that does not get specifically addressed. Therefore, the Zoning Law is hereby amended in order to clarify what qualifies as a “Multi - Family Dwelling” and establish maximum densities in the Rural Residential and Rural Agricultural Districts. Local Law No. 1 of the year 2015 (Titled: “Town of Dryden Zoning Law”) is here by amended as follows: 1. The definition of “Multi-Family Dwelling” is amended as follows: Dwelling, Multi-Family –(1) A Dwelling with separate living Dwelling Units for three or more families having separate or joint entrances and including apartments, group homes, townhouses, cottage homes and condominiums; (2) group homes; or (3) more than one Dwelling on one lot , excluding a permitted Accessory Unit Dwelling. with each Dwelling containing separate living units for three or more families having separ ate or joint entrances and including apartments, group homes, townhouses, cottage homes and condominiums. 2. A new section 606 is hereby enacted to read as follows: TB 9-17-15 Page 13 of 13 Section 606: Density in the Rural Residential and Rural Agricultural districts: Unless provided for elsewhere in this law the maximum number of Dwellings on a lot is two and the maximum density is two Dwelling Units per acre. This provision shall not apply to lots on which a Farm Operation is conducted. 3. This local law shall take effect upon filing in the office of the Secretary of State. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes There was discussion about the need to revisit and/or rewrite the town wind energy law/ordinance and telecommunication law. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Erin A Bieber Deputy Town Clerk