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HomeMy WebLinkAbout2016-07-14TB 7-14-16 Page 1 of 6 TOWN OF DRYDEN TOWN BOARD MEETING July 14, 2016 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Deborah Cipolla-Dennis, Cl Kathrin Servoss Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Jennifer Case, Bookkeeper Jennifer Jones, Recreation Director Ray Burger, Director of Planning Supv Leifer called the meeting to order at 7:05 p.m. Approve Abstract RESOLUTION #117 – APPROVE ABSTRACT #7 Cl Cipolla-Dennis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #7, as audited, general vouchers #459 through #545 ($290,746.82) and TA vouchers #73 through #78 ($16,294.60), totaling $307,041.42. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Speed Limit Change The board has received a petition for a lower speed limit on the section of Lower Creek Road between Route 13 and Hanshaw Road. The board will do a resolution next week to send this request on to the County who will review it and forward it to the state. Cricket Lane SUP for Vehicle Repair Shop Supv Leifer explained that the public hearing was closed and a SEQR resolution was done. This is a revote on the resolution moved and seconded last time that failed because there was not a majority vote of the entire board. Cl Cipolla-Dennis read portions of the proposed resolution to deny the special use permit. Cl Lavine said the economic impacts should be considered. It would be easy to argue that the value of neighborhood properties would decrease. Cl Lamb said there could be economic impacts, but we need data to back it up. Supv Leifer said the irony is that if we allow this under a special use permit, there could be controls put in place. Without the approval they could engage in the activity for non- commercial reasons and we would have no recourse. If they are working on their own vehicles or a friend’s vehicle for no compensation and there is a noise issue, there is nothing we can do TB 7-14-16 Page 2 of 6 about it. Cl Lamb said the neighbors feel it will negatively impact their lives, and regulating it will not satisfy them. Resolution #118 (2016) – DENYING SITE PLAN AND SPECIAL USE PERMIT FOR AUTOMOTIVE REPAIR GARAGE AT 4 CRICKET LANE Cl Cipolla Dennis offered the following resolution and asked for its adoption: WHEREAS, A. Amy and Edward Vorhis have applied for a Special Use Permit (SUP) to operate an automotive repair garage at 4 Cricket Lane in Freeville, New York, Tax parcel #28.-1- 19.123, and B. The proposal is to operate an automobile repair business in an existing two -story garage located next to their home, and C. An application and site plan dated 1/23/16 have been submitted and presented to the Town Board on 3/17/16, and D. The Town Planning Department and Town Board considers the application complete and in conformance with the requirements of Town Zoning Law §501, §600, §1201, and §1310, and in conformance with the Residential and Commercial Design Guidelines to the maximum extent practicable, and E. A public hearing was held on May 19, 2016 with public comments registered in the meeting minutes and considered by this board, and F. The Tompkins County Planning Department has reviewed (letter dated 5/19/16) this project as required by NYS Municipal Law §239 -I, -m, and -n and determined that it has no negative inter-community, or county-wide impacts, G. The Town Board has reviewed this application relative to the considerati ons and standards found in Town Zoning Law §1104 for site plan review, §1202 for Special Use Permit, and §1310 for automotive repair garages; and H. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the grant or denial of site plan approval and a Special Use Permit for this project is an Unlisted action for which the Town of Dryden Town Board, acting as lead agency in an environmental review with respect to the project, has, on June 16, 2016, made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I. The Town Board hereby finds that all of the considerations for approval of the requested Special Use Permit listed in Section 1202 of the Town of Dryden Zoning Law have not been met, and specifically finds that: A. (§1202.B) The proposed use is not compatible with adjoining properties and with the natural and manmade environment. The additional noise, fumes and traffic are not compatible with the quiet residential nature of the adjoining properties. B. (§1202.D) The overall impact on the site and its surroundings considering the TB 7-14-16 Page 3 of 6 environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances is found to be unacceptable, because there is inadequate buffering to prevent the migration of these impacts off of the project site; and C. (§1202.E) The operation of the proposed use is not compatible with the surrounding uses. The adjoining properties are residential, single-family homes. The proposed hours of operation, which include evenings and weekends, will expos e the neighborhood to additional noise, exhaust fumes, and increased traffic during the times when most families will be home. 2. The Town Board, finding that the proposal does not meet the standards set forth in Zoning Law §§1202.B, D and E, denies a Special Use Permit for the proposed automotive repair garage at 4 Cricket Lane. 3. The Town Board denies the site plan for the proposed automotive repair garage at 4 Cricket Lane dated 1/23/16, for the following reasons: The need for a site plan is triggered by the need for a Special Use Permit, and the Special Use Permit has been denied. 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer No County Highway Capital Project Status Report – This is available on the town’s website. There was discussion regarding how to fund the town’s portion of the expense of the bridge repairs for the Red Mill Road and Malloryville Road bridges. Supv Leifer said he will be tracking the bond market. Bolton Point Agreement of Municipal Cooperation – Supv Leifer said they are not ready to vote on this at Bolton Point yet. The summary was sent to board members via email on June 20. Code Enforcement Agreement with Village of Dryden – This is for $24,000 for the year (same as last year) plus $54 per hour for planning services. The revenue goes to the A fund. We will be moving all planning and code enforcement activities to the B fund. The Village Board will meet next Thursday and Supv Leifer would like authorization to sign prior to then. The town will likely ask for an increase next year because the Poets Landing expansion will take a lot of work. RESOLUTION #119 (2016) – APPROVE CODE ENFORCEMENT CONTRACT WITH VILLAGE OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the agreement with the Village of Dryden for code enforcement services for the term June 1, 2016 through May 31, 2017, for the amount of $24,000.00 plus $54.00 per hour for planning services, and the Supervisor is hereby authorized to execute the same. 2nd Cl Lamb TB 7-14-16 Page 4 of 6 Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Snow and Ice Contract – This is an agreement with Tompkins County for maintenance of roads in the winter. Responsibility for certain roads is transferred to the other municipality in order to make sensible plow routes. It has been reviewed and signed by the Highway Superintendent and Supv Leifer needs authorization to sign it. RESOLUTION #120 (2016) – AUTHORIZE SNOW & ICE AGREEMENT WITH TOMPKINS COUNTY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Snow and Ice Agreement with Tompkins for a term of three years covering October 1, 2016, to September 30, 2019, and the Supervisor is hereby authorized to execute the same. 2nd Cl Cipolla Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes There was a discussion about which municipality is responsible for plowing Sapsucker Woods Road. It seems that it wasn’t well cared for last winter. Supv Leifer will talk with Highway Superintendent Rick Young about it. Montgomery Park – Supv Leifer explained that the village is looking for a firm commitment from the town for both the court resurfacing and the playground rebuild. Estimates have been received for the court repair. There is leveling and other things involved that the town doesn’t have the equipment for. Broome Bituminous has submitted an estimate to do that work and the town Highway Department will provide other related services and labor. Broome Bituminous is under contract with the county so we can piggy back on that. Cl Lamb said there is a clear need for an upgrade of the park and there is a lot of community support. The town will have access to the courts for its programs and an MOU is being drafted to ensure that. It is important to get this done in this construction seas on. The playground cost is close to $100,000 and there is also private money being raised for that. Cl Servoss said her recollection of what was discussed at the DRYC meeting was that the Town would offer $50,000 toward the basketball court and asked why we are now contributing toward the playground, though she is not opposed to it. Cl Lamb said this may have happened on two different tracks. The funding for the basketball court would be not to exceed $45,000 (including in-kind services). There is about $25,000 in finishing work that would have to be done by a professional. Cl Cipolla-Dennis suggested the town contribute toward the cost of repair of the basketball courts, not to exceed half the actual cost or $45,000, whichever is less, and $15,000 toward the playground. Supv Leifer will revise the resolution to reflect that and the board will vote next week. Cl Servoss will speak with DRYC members to be sure they know what is proposed. The MOU will be ready for August authorization. TB 7-14-16 Page 5 of 6 Cl Lavine asked if the funding would come from the Recreation Reserve and was told that was the intent. She suggested funds could be moved from the recreation reserve to other funds for upcoming bridge work. Climate Smart Communities – Cl Cipolla-Dennis said this is a program she has learned about that NYDEC is pushing forward. Basically it is a way for the state to incentivize local governments to put measures in place about sustainability. They are recommending that communities take a pledge basically setting goals, taking inventory of emissions, planning for climate action, decreasing the community’s energy use, increasing use of renewable energy, realizing benefits of recycling, etc. The first step is passing the resolution taking the pledge. In doing that you become a registered climate smart community at the state level and that opens a door to funding to help with some of the goals. Tompkins County, the City of Ithaca, and towns of Caroline and Ithaca have already done this. She thinks is it something to look into and said it requires some work. She recommends creation of a task force of interested community members to work on meeting the goals and getting the funding and such. After discussion, the board felt it would be beneficial to participate in this program. Cl Cipolla- Dennis will bring a resolution to the August meeting. Items for July 21 agenda:  Verizon Wireless tower application – The board will close the public hearing, do SEQR and proceed.  Zoning Law Amendment regarding density – Supv Leifer said they will hold the public hearing but possibly not vote and leave the public hearing open. He doesn’t want it to affect the PUD application at 1061 Dryden Road.  Moratorium – board will hold the public hearing and be ready to discuss it. Supv Leifer talked with Ed Lavine and told him of the public hearing because it directly impacts them. NYSEG has not contacted Lansing about the pipeline recently either. There was a question about whether it would affect work by the town on its own water/sewer projects. The board believes this moratorium is for projects that require a permit such as SUP and the town wouldn’t need one for its work, but will check with the attorney next week.  Planning Board credits for those who attended the solar program.  Resolution to allow sale of trucks by the Highway Department.  Appointment of a marriage officer for a wedding in September.  TCAT resolution  Dryden Recreation & Youth Commission Appointment Cl Lamb explained the Rail Trail Task Force has a vacancy due to a resignation. They will be meeting prior to the next board meeting and asked that Judy Pierpont be appointed to fill that vacancy. RESOLUTION #121 (2016) – APPOINT RAIL TRAIL TASK FORCE MEMBER Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden Rail Trail Task Force is composed of eleven voting members, and WHEREAS, Rick Kugler has informed the Chair of the Task Forceof his decision to resign as a voting member, and TB 7-14-16 Page 6 of 6 WHEREAS, Judith Pierpont has asked for consideration for becoming a voting member on the Rail Trail Task Force, now therefore, BE IT RESOLVED, that the Dryden Town Board accepts Rick Kugler’s resignation and approves Judith Pierpont as a voting member of the Dryden Rail Trail Task Force. 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Court Clerk conference request – Supv Leifer explained that the two court clerks have registered for a conference. In this case, payment by check has been requested rather than use of the town credit card. The clerks have asked for separate rooms and the board discussed whether this is appropriate, particularly in a time of budget concerns. Our current travel policy does not address this. The court budget can accommodate the expense of this conference. It was suggested that we look into what other towns do and s et limits going forward. It would need to be amended in the personnel handbook. Cl Cipolla-Dennis and Cl Servoss, in their earlier personnel committee meeting, discussed making modifications to the personnel manual. Jen Case will go through it first, using the notes she has made over the past few years, and the committee will review that draft. Then perhaps the board would review it in a work session. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned 8:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk