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HomeMy WebLinkAbout2016-10-20TB 10-20-16 D R A F T Page 1 of 19 TOWN OF DRYDEN TOWN BOARD MEETING October 20, 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: Ray Burger, Planning Director Mariette Geldenhuys, Town Attorney Supv Leifer opened the meeting at 7:05 p.m. Board members and audience participated in the pledge of allegiance. TOWN CLERK RESOLUTION #160 (2016) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of September 8, September 15 and September 20, 2016. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer announced that, with the help of Cl Lamb, the Town has been able to get the Office of the State Comptroller to do an audit of the town next year. That allows us to remove the funds budgeted ($15,000) for that purpose. Cl Lamb clarified that it is an offer and we have to get on their docket, but we did receive a favorable response from the Comptroller ’s Office. CITIZENS PRIVILEGE David Peck said has been a coach for the Recreation Department for many years, has had kids participate in athletics, and worked with Andrew Pierce. He came to support the work they do for children in the town and for adults. He encouraged the board to work on a good plan for the Rec Department. It is a great asset to community and the town and we need to protect it and grow it. Jeff Barlow said he also utilizes the Rec Department. They have done soccer and other programs. They want to make sure the programs continue. His son gets bussed from the school to the VFW for karate. It would be a detriment to the kids and the town to lose this privilege. He would love to see it keep going. Fred Casterline said he lives in the Village and currently coaches football and basketball for the department and has for four years. It’s a great opportunity for the children TB 10-20-16 D R A F T Page 2 of 19 and it’s great to see the community involved. We need to keep the department going and have someone in there that’s stable. There are currently two part timers but it’s necessary to have a full time position to build the program. He hopes we can keep it going for the kids and the community. Supv Leifer said it is the board’s intent to keep the department functioning. Brandy Price said she lives on Salt Road and has two boys in Dryden School. One plays flag football and one plays senior tackle. The programs are worth it. She i ntends to apply for a full time position if that is what it takes to keep the program going, not just for her kids, but for the kids that are now family to all of them. She and her kids don’t have family here, so they are more than a team. They become family. They need these programs and she will apply herself if need be. She wants to see it keep going. Cl Lavine arrived. Amy Fabin Wade said they feel strongly about supporting the Recreation Department and encouraged the board to fill the position as quickly as possible and before the year is out. This is one of the only ways they have been able to affordably give their kids a variety of opportunities. They’ve done lacrosse, Tball/baseball, soccer, art camp, soccer camp and archery camp. Those are usually things they would not have been able to have access to. If the program was cut in any way it would be difficult to travel to JM McDonald in Cortland or Ithaca Youth Bureau in Ithaca. Dean Russo, Dryden Harford Road, said his children have aged out of the opportunities provided by the Recreation Department, but they did make use of it when they were younger. He sees the continuation of it even though his children don’t participate anymore. It’s an important part of attracting families to the Dryden and making sure we maintain the youth and keep Dryden a vital community. We just built a playground in the Village, but as they get older they need to find something else to do to be occupied. As they age they need activities to keep busy. It’s an important part of keeping families attracted to the Dryden area and is something that sets us apart from other communities in the area. Cl Lamb thanked everyone for coming out. We are in budget season right now and are making some tough decisions and there is a lot of pressure on the board. Additionally, with respect to the Rec Department, the Director resigned her position. It is understandable the public is concerned about the future of the program and the board needs to hear from the public. Like all aspects of the budget, we have to make tradeoffs and we need to make the budget reflect the priorities of the community. By coming here tonight, the public helps us. We are not looking to cut the Rec Department. We may have some restructuring. The DRYC will convene a search committee to find a new director and they are working on the composition of that committee right now. The board has been talking for the last two weeks and they have a direction now that they want to go. There will be a job search to fill the Rec Director full time. They want to do it as soon as possible. This is not something that should be overburdening the current staff. Cl Servoss said there is absolutely no intention of getting rid of the Rec Department. She agrees that it is very valuable to the community. The board will work as quickly as it can, but the wheels of government turn slowly and they will have to do some creative maneuvering. She thanked the public for coming out. Cl Lamb added not everyone gets the benefits of the rec programs, but the ones that do create a quality of life in this community that benef its everyone by making it a better place to live. TB 10-20-16 D R A F T Page 3 of 19 PUBLIC HEARING SPECIAL USE PERMIT I-DEAL SELF STORAGE FREEVILLE ROAD & ENTERPRISE DRIVE Supv Leifer opened the public hearing at 7:15 p.m. Planning Director Ray Burger said this was introduced to the board last month. Applicant Bill Hilker is present. Tonight the board will review SEQR and evaluate the site plan. The sketch plan has been found sufficient for site plan review. There were no public comments. Cl Lamb asked if the applicant had determined the door color. B Hilker said he still wants orange doors and will have a plaster finish on the building on the Route 38 side. The doors are oriented to Enterprise Drive. Cl Cipolla-Dennis pointed out that the Design Guidelines do not permit orange doors. R Burger said the County 239(l) and (m) recommends sidewalks on Freeville Road and Enterprise Drive. The Design Guidelines call for more natural colors and since there are more potential commercial enterprises that may build in the area, he wants to maintain future opportunities. It is prime commercial land and preserving the character of the neighborhood is important. B Hilker said everything they’ve built has had orange doors. People recognize them by that and across the country this is a sign that this is a self-storage facility. Cl Lavine suggested that not using orange doors might create a nicer neighborhood and better business. Cl Cipolla-Dennis said the Design Guidelines were set up for a purpose and all applicants are expected to follow the guidelines. For a storage facility, most people are going to “Google” it and find out what’s closest. She doesn’t believe having doors that are a different color will deter business. B Hilker agrees. Sidewalks are a concern for the applicant. There are sidewalks on the other side of each road. He has already switched to a standing seam roof and that is a valuable asset to the area. Last week he rented to a lady from Cortland at his Route 79 facility. She came that far because there is a need. Cl Servoss said it is more the design of building (size and type) that people recognize, not necessarily the orange doors. With respect to the sidewalks, maybe instead of requiring it when the building is built, he could invest that money in the town or village and when the sidewalks are needed they could be funded from that money. The County did not give a reason for the sidewalks. There was more discussion of sidewalks and whether they were required. The business does not generate foot traffic and the doors don’t face predominant traffic. The wall that faces Freeville R oad will be stucco. The board discussed removing the requirement for the sidewalk, using Standard Conditions of Approval, and requiring that the door color must meet the Design Guidelines for self-storage facilities. Dean Russo, South Street, said there are other eyesores in Dryden that aren’t being addressed, like right next door at the old Dollar Store. A newer facility with vegetation doesn’t seem to be a strong detriment. There are other businesses that don’t keep attractive property and vacant lots in that area. Before much emphasis is put on door color we should also look at TB 10-20-16 D R A F T Page 4 of 19 the greater area and other things we might be able to do to try to beautify Dryden and try to make it look more attractive in general. The old Dollar Store might be a better place to put the storage facility if that is an option. Before we put much emphasis on things that are aesthetic, let’s take a bigger look at the greater area. The board closed the public hearing at 7:32 p.m. and reviewed part 2 of the SEQR. RESOLUTION #161 (2016) – NEG SEQR DEC – Construction of Self-Storage Business at Freeville Road, Tax Parcel 38.-1-30.15 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves constructing one 1-story building on the 1.98+/- acre site and operating a self-storage business at Freeville Road in Dryden, New York, Tax parcel #38.-1- 30.15, and B. The Town Board of the Town of Dryden considers this an unlisted action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and is the lead agency for the purposes of uncoordinated environmental review in connection with site plan and special use permit approval by the Town, and 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 SEQRA, (i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Parts I and 2, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed 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) completed the EAF, Part 3; 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, Parts I and 2, 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 3, including the reasons noted thereon (which reasons 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 an Environmental Impact Statement will not 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 Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lavine Yes Cl Lamb Yes Supv Leifer Yes TB 10-20-16 D R A F T Page 5 of 19 RESOLUTION #162 (2016) - Approving Site Plan and Granting Special Use Permit for Self- Storage Business at Freeville Road, Tax Parcel Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Ideal Self-Storage has applied for a Special Use Permit (SUP) to operate a self -storage business at Freeville Road in Dryden, New York, Tax parcel #38.-1-30.15, and B. the proposal is to construct one 1-story building with a 10,500 SF building footprint on the 1.98 acre site, and C. an application, sketch plan, and Ground Disturbance Tally Form have been submitted, and D. the Town Planning Department considers the application complete and in conformance with the requirements of Town Zoning Law §501, §600, §1103 and §1201, and E. a public hearing was held on October 20, 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 10/5/16) this project as required by NYS Municipal Law §239 –l, -m, and –n and has recommended modifications of the proposal, and G. the Ground Disturbance Tally Form has been reviewed by the Town Stormwater Management Officer and it was determined that the project falls under the threshold necessitating a Full Stormwater Pollution Prevention Plan (SWPPP) and that an Erosion and Sediment Controls (E&SC) plan would be adequate, and H. the Town Board has reviewed this application relative to the considerations and standards found in Town Zoning Law §1104 for site plan review and §1202 for Special Use Permit; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board approves the sketch plan as site plan for Freeville Road dated October 6, 2016, conditioned on submission of the following prior to issuance of building permits: i) revised site plan showing (1) additional plantings or other screening on the east side of the property, and (2) a change in the color of the buildings and doors from orange (as originally proposed by the applicant) to earth tones, satisfactory to the Director of Planning. ii) a landscaping plan, satisfactory to the Director of Planning, indicating the types of plants to be utilized. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit listed in Section 1202 of the Town of Dryden Zoning Law have been met, specifically that: A. The proposed use is compatible with the other permitted uses in the district and the purposes of the district set forth in the Zoning Law, as the project is located near the intersection of Freeville Road and Enterprise Drive in the Mixed Use Commercial District and is an allowed use in that district. The Town’s Comprehensive Plan encourages new commercial development in or in the vicinity of existing downtown areas or other nodes of retail and service activities; B. The proposed use is compatible with adjoining properties and with the natural and manmade environment. This parcel has commercial, retail and service businesses adjacent to or in its immediate vicinity. Businesses to the east and west, and a residence to the TB 10-20-16 D R A F T Page 6 of 19 south will be screened from the project by vegetation. The E&SC Plan will adequately address stormwater from the parcel during construction; C. Parking, vehicular circulation, and infrastructure for the proposed use is adequate; D. The overall impact on the site and its surroundings considering the environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances has been considered and found to be negligible, based on the information and reasons in the Short Environmental Assessment Form; E. Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Town have been incorporated into the site plan, and additional screening conditions are being imposed through the Town Board’s site plan approval; F. The project complies with the requirements for site plan review and conforms to the Town’s Commercial Design Guidelines to the maximum extent practicable. The south side of the proposed building shall be finished with a stucco type finish, reducing the impact of a metal façade on Freeville Road, landscaping will screen and break up large expanses of the metal sided structure, as well as the fact that much of the façade is composed of the large entry doors to each storage unit, and The Town Board, finding that the applicant is in compliance with all other provisions of the Town Zoning Law and other applicable ordinances, approves a Special Use P ermit for the proposed self-storage business at Freeville Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008 and the following additional conditions: Provide evidence that a) accessibility for fire, police, and emergency vehicles is adequate; and b) the proposed monument sign is outside of the State Right -of-Way. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING OPEN DEVELOPMENT AREA FITZPATRICK - SCOFIELD ROAD Supv Leifer opened the public hearing at 7:35 p.m. Anita Fitzpatrick is applying to have a parcel of property declared an open development area for the purpose of issuing a building permit for a single family home. The original parcel was originally joined with her son’s and had access out to Scofield Road and because of the subdivision, it is now a landlocked parcel. The Planning Board in its review recommended a condition for only one single family home. The original application had an easement through a neighboring parcel and that was carried through on all the deeds. Now her son wants to grant an easement using his already built driveway to access the parcel because that is more practical. The board can declare the open development area under Town Law §288 and make a condition that there be a permanent easement on her son’s land to give her full driveway access to the lot. It would in essence be a shared driveway for the two parcels. The board reviewed Part 2 of the SEQR and changed #7 to low to moderate impact. TB 10-20-16 D R A F T Page 7 of 19 RESOLUTION #163 (2016) - NEG SEQR DEC - OPEN DEVELOPMENT AREA ON PROPERTY ON SCOFIELD ROAD (TAX PARCEL #30.-1-2.1) Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Anita Fitzpatrick for an open development area designation for her property on Scofield Road, tax map parcel #30.-1-2.1. 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 short Environmental Assessment Form (the "short EAF ), Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed 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) completed the short 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 short 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 6NYCRR §617.7(c), and (iii) its completion of the short 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 short EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer closed the public hearing at 7:45 p.m. TB 10-20-16 D R A F T Page 8 of 19 PUBLIC HEARING 154 SIMMS HILL ROAD SPECIAL USE PERMIT AMENDMENT UPGRADE OF TELECOMMUNICATIONS TOWER Supv Leifer opened the public hearing at 7:45 p.m. Ray Burger explained that T-Mobile upgrading equipment on this tower. There will be a new equipment building being added to the base and that triggers the amendment to the special use permit. There is also a five-year recertification requirement and this will serve to satisfy that requirement. Jeff Davis, attorney, was present representing Crown, (tower owner) and T-Mobile (the applicant). This application is for an upgrade. T-Mobile is replacing the current antennas to provide better 4G service. They are also replacing two tower-mounted amplifiers to help boost the signal. A T-bias box is being added to each sector of the antenna array to help boost the signal. There is currently an equipment cabinet on the ground for T-Mobile and they will be adding a second cabinet. The upgrade will allow for greater capacity. He noted that this is an area of law that has changed. The Federal Government has changed law and pre-empted these types of applications from this type of review going forward. It actually states that applications like this cannot be denied and must be approved. It cannot be a discretionary review process for modifications that are small like this. The applicant does have to fit a certain type of criteria to do this. He noted it in his letter to the Planning Department. It is new, was enacted in 2013, and has been interpreted by the FCC as to what the standards mean. It should be done as a non-discretionary review. The applicant must show that they meet the criteria for it, and if they do, then it would be done by the building department rather than a discretionary review at public hearing. R Burger said we’ve already noted that our telecommunications law needs updating and should also be upgraded to reflect this. The board reviewed the SEQR short form. RESOLUTION #164 - NEG SEQR DEC – T-Mobile Northeast, LLC (T-Mobile) Telecommunications Co-Location Special Use Permit Amendment at 154 Simms Hill Road, Tax Parcel 36.-1-31.1/99 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of T -Mobile for an amendment to its Special Use Permit to allow the replacement of antennas and appurtenant equipment on a cell tower on property at 154 Simms Hill Road, tax map parcel #36.-1-31.1/99. 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 envir onmental 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 short Environmental Assessment Form (the “short 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 relevant areas of environmental concern to determine if the proposed action may have a significant adverse TB 10-20-16 D R A F T Page 9 of 19 impact on the environment, including the criteria identified in 6 NYCRR §617.7(c ), and (iii) completed the short 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 short 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 short 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 short EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes The hearing was left open. R Burger explained that the Clarity Connect application is not complete so that hearing will not be held. Paul Lutwak said that tower is in the middle of his property and he doesn’t see a need to put up a fence. He was hoping that Clarity Connect could use the money saved from not putting up a fence could be used for upgrading the towers. Supv Leifer said the hearing would be held when the paperwork is completed. P Lutwak also noted the site address on the notice for the public hearing is incorrect and should be 639. The parcel number is correct. PUBLIC HEARING 5 FREESE ROAD OPEN DEVELOPMENT AREA TINY TIMBERS Supv Leifer opened the public hearing and Ray Burger explained that this subdivision has been before the Planning Board and they will review the final plat next week. In essence it is a cluster development being proposed there and the cluster development is not a tool available in the Varna hamlet zone presently. In this cluster of smaller lots there is a necessity for reduced rear and front yard setbacks. Actually everything fronts on communal areas at the center of the community. In essence everyone has a large front yard because of that. So they need a reduction in the yard setbacks and because it is internal to the development, the parcels front on the communal area. Under Town Law §280(a) the board can declare the whole parcel an open development area for the purpose of being able to issue building permits. Everyone does have true access to this large area that is owned communally that has the parking lot and has green spaces and sidewalks in front of every building. TB 10-20-16 D R A F T Page 10 of 19 Cl Cipolla-Dennis said the Planning Board talked about this being something that is consistent with the Comprehensive Plan and the Varna plan and is something we need to look at correcting in the zoning law and where we would consider this happening without having to come to the board for this type of review. In the meantime , the Planning Board didn’t want to delay the project so they have taken this route. Supv Leifer closed the public hearing on the Fitzpatrick open development at 8:00 p.m. RESOLUTION #165 (2016) – ESTABLISHMENT OF AN OPEN DEVELOPMENT AREA ON PROPERTY ON SCOFIELD ROAD (TAX PARCEL #30.-1-2.1) Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Anita Fitzpatrick is the owner of an approximately 35 acre parcel near Scofield Road, Town of Dryden tax parcel number 30.-1-2.1 (“the Fitzpatrick Parcel”), and wishes to construct a single family residence on this parcel; and B. the Fitzpatrick parcel does not have road frontage on Scofield Road. Access to Scofield Road will be provided via a permanent right of way across the existing driveway along the southerly boundary of tax parcel number 30.-1-1.2, the parcel adjoining the Fitzpatrick parcel to the north, and the owner of tax parcel 30.-1-1.2 has agreed to grant a permanent right-of-way for ingress and egress to the Fitzpatrick parcel, and record such right -of-way; and C. the Town Board at its October 10, 2016 meeting adopted a resolution that a public hearing to be held by the Town Board on October 20, 2016 at 7:00 p.m. to hear all interested parties on the proposed establishment of an open development area for the above -referenced tax parcels; and D. notice of the public hearing was advertised in the Ithaca Journal; and E. the public hearing was held on said date and time at the Town of Dryden Town Hall, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the proposed establishment of the open development area; and F. the Planning Board recommended approval of the Open Development Area, with a condition that the parcel not be subdivided further; and G. pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Town of Dryden Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on October 20, 2016, made a negative environmental determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts I and II, maps and other materials; and H. Town Law section 280(a)(4) authorizes a Town Board to establish an open development area within a town; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby establishes an open development area on Town of Dryden tax parcel #30.-1-2.1, 5 Scofield Road, subject to the following conditions: a. there shall be no further subdivision of the parcel; TB 10-20-16 D R A F T Page 11 of 19 b. the owner of tax parcel number 30.-1 -1.2 shall grant a permanent right of way across the existing driveway on said tax parcel to the owner of tax parcel 30.-1 -2.1, her successors and/or assigns and such right-of-way shall be recorded in the Tompkins County Clerk’s Office; c. access across the driveway shall be maintained with respect to at least its current width, surface, grade and condition, and be sufficient to support the passage and weight of emergency vehicles; d. the Chief of the Fire Company serving the area shall indicate that the driveway on the right-of-way will provide adequate emergency apparatus access; and e. all future deeds, rights of way and easements for the Fitzpatrick parcel shall contain the following provision: “This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Dryden on October 20, 2016”. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer closed the public hearing on the T-Mobile special use amendment and recertification 8:02 p.m. RESOLUTION #166 (2016) – Approve T-Mobile Northeast, LLC (T-Mobile) Telecommunications Co-Location Special Use Permit Amendment at 154 Simms Hill Road, Tax Parcel 36.-1-31.1/99 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. T-Mobile has submitted a written request to amend its Special Use Permit associated with antennas and equipment on a Crown Castle owned telecommunications tower on property known as Town of Dryden tax parcel #36.-1-31.1/99, 154 Simms Hill Road; and B. T-Mobile has provided all the required information, as set forth in Section 18, paragraphs E, F and A of the Town Telecommunications Law; and C. the Tompkins County Planning Department, in its 239 review has determined that no negative inter-community or county-wide impacts; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby approves T-Mobile’s request to amend its Special Use Permit for the replacement of four (4) panel antennas and two (2) tower mounted amplifiers, and the TB 10-20-16 D R A F T Page 12 of 19 installation of two (2) Bias Tee equipment boxes, and one (1) equipment cabinet on the existing concrete pad, on Town of Dryden tax parcel #36.-1-31.1/99, 154 Simms Hill Road. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #167 (2016) – Certification of T-Mobile Northeast, LLC (T-Mobile) Telecommunications Co-Location Special Use Permit at 154 Simms Hill Road, Tax Parcel 36.-1-31.1/99 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. T-Mobile, previously operating as Omnipoint Communications, obtained a Telecommunications Special Use Permit for the purpose of co-locating antennas and equipment on a Crown Castle owned telecommunications tower on property known as Town of Dryden tax parcel #36.-1-31.1/99, 154 Simms Hill Road; and B. The Special Permit was acquired under a now obsolete telecommunications law; and C. certification of telecommunication special permits was not required or not enfor ced; and D. the intent of certifying and re-certifying Telecommunication Special Permits is to ensure the health, safety and welfare of the community; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town Board hereby certifies T-Mobile’s Special Use Permit for its co-location on a Crown Castle owned telecommunications tower located on Town of Dryden tax parcel #36.-1-31.1/99, 154 Simms Hill Road. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Buzz Dolph announced that Tiny Timbers would be having an open house by invitation next week on Wednesday at 44 Quarry Road from 2-6 pm and another open to the public all day Saturday, the 29th, from 1 to 6 p.m. They are hoping to have an effect on creating more affordable housing. He added that he will probably be coming before the board again for rental of a building from Bellasario on Hall Road for a fabrication facility to bring jobs into Dryden. W ith respect to Varna, he looks at it as kind of a blank canvass and it will be important for the board and the community to really understand what they want for Varna and the get that across in any kind of zoning changes that need to be made. TB 10-20-16 D R A F T Page 13 of 19 He reminded board of the upcoming housing summit. Local government needs to establish places where they want this to happen and promote the development. People who own property and live in it want more ownership, not rentals. The more apartments there are, the less home ownership there is and it becomes difficult. Cl Lavine said she was thrilled with this project and was the only one who voted against the 1061 Dryden Road PUD. The way it is designed there is no place for community or children in some safe center. He’s not committed to families if he doesn’t change the plan. There were no comments from the public. The Planning Board has done the SEQR. Supv Leifer closed the public hearing at 8:10 p.m. RESOLUTION #168 (2016) – Establishment of an Open Development Area at 5 Freese Road, Tax Parcel 53.-1-3.4 (Tiny Timbers project) Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Ormsby (Buzz) Dolph has applied for subdivision approval for a single family subdivision development on a 2.37 acre lot at 5 Freese Road in the Town of Dryden, tax parcel number pursuant to Town Law §280-a on property known as Town of Dryden tax parcel #53.-1-3.4 (“the Subdivision”); and B. Each single family residence in the Subdivision will not have legal access to Dryden Road and/or Freese Road. Access to Dryden Road (Route 366) will be provided via internal driveways and walkways in the Subdivision, and the owner of each single family lot will have a right-of-way across such driveways and walkways in common with the owners of the other lots, and such rights-of-way will be included in the deed to each individual lot; and C. The lots in the Subdivision do not have legal access to a public road within the meaning of Town Law §280-a, because access via a right-of-way does not satisfy Town Law §280- a(1); and D. the Planning Board, in its review of the proposed Subdivision, has recommended that the Town Board establish Open Development Area; and E. the Town Board at its October 10, 2016 meeting adopted a resolution that a public hearing to be held by the Town Board on October 20, 2016 at 7:00 p.m. to hear all interested parties on the proposed establishment of an open development area for the 5 Freese Road parcel; and F. notice of the public hearing was advertised in the Ithaca Journal; and G. the public hearing was held on said date and time at the Town of Dryden Town Hall, and all parties in attendance were permitted an opportun ity to speak on behalf of or in opposition to the proposed establishment of the open development area; and H. the Chief of the Varna Volunteer Fire Company has indicated that the driveways and walkways will provide adequate emergency apparatus access; and TB 10-20-16 D R A F T Page 14 of 19 I. the Planning Board, in its review of the proposed subdivision, has undertaken an environmental review of the proposed Subdivision and issued a Negative Declaration of Environmental Significance; and J. the Tompkins County Planning Department, in its 239 r eview has determined that the project has no negative inter-community or county-wide impacts; and K. Town Law §280(a)(4) authorizes a Town Board to establish an open development area within a town; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I. The Town Board hereby establishes an open development area on Town of Dryden tax parcel #53.-1-3.4, 5 Freese Road, subject to the following conditions: a. the driveways and walkways shall be developed and installed in accordance with the final subdivision plat for the Subdivision approved by the Planning Board; b. once fully developed, access across the driveways and walkways shall be maintained respect to width, surface, grade and condition as shown on the final subdivision plat, and be sufficient to support the passag e and weight of emergency vehicles; and c. all future deeds, rights of way and easements for all or part of the Subdivision shall contain the following provision: “This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Dryden on October 20, 2016". 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY DEPARTMENT No report RECREATION DEPARTMENT Jack Davison thanked the public for coming out to support the Rec Department. He wanted to get the information out and people to be aware of what had gone on with staffing. Winter program booklets have been delivered and registration is open online. They are working on schedules with the school. Basketball is problematic because there are so many teams needing gym space. They are preparing for the end of football, cheer, and soccer seasons. They did a full inventory of football equipment this year, numbered everything and made sure who had what to help with loss prevention. They would like to get that done for the other sports also. The biggest problem for the department right now is being able to get everything done. They have gone from 95 hours of work a week to 40 hours. Some things (Fit trail and grants) are on the back burner for now. It is imperative to have someone fulltime sooner rather than later. They need to inventory the rest of the stuff in storage and discard old stuff. A lot happens in the day to day moment that someone needs to available for. A lot of little things that happen can fall by the wayside and impact the quality and retention of the programs. He doesn’t want to see that fade away while waiting for someone to be hired to be the “visionary” as the DRYC put it. TB 10-20-16 D R A F T Page 15 of 19 Jason Klaben said he supports the department and knows they do a tremendous job and there is a tremendous amount of work to be done. He just came back from soccer practice. They’ve come up through Sertoma and now work with the Rec Department to organize soccer. The program has really developed over the past ten years and Dryden is known for its competitive soccer teams. He’d hate to see it get lost because it takes a tremendous amount of communication and resources to do that. He supports the job the Rec Department has done, and didn’t know Andrew had left until tonight. PLANNING DEPARTMENT R Burger reported their monthly update is on the web. The 1061 Planned Unit Development is now going into a phase where the applicant comes back to the board with a development plan. The Dryden Village water well project is going well at the lake. They’ve put in a couple of wells that came in at 600 gallons per minute and the target was 280. This seems to indicate excess capacity for the future, so when we need to extend a district or add out of district users, the infrastructure is in place. The tanks are also over capacity for current needs so it bodes well for future development. The Town received its ISO rating. This is an insurance rating and was made after the adoption of the International Code Council building codes. As a result took they took our application and evaluation of procedures and came up with a rating of 4 for residential and 3 commercial. 1 is the best. He will put that report on the web. Supv Leifer said he plans to inform homeowners of this change because it affects their homeowners insurance. It will be on the web and perhaps a notice can go out with the tax bills. This can make a big difference in the price a property owner pays for their homeowners or commercial insurance. With respect to the South Hill Rec Way and its extension from Burns Road through Ithaca, Dryden, Danby and Caroline, there is an open house scheduled at the Coddington Community Center November 15 from 4 to 7 to deliver information and gather comments, issues and concerns. He will post that on the web. Cl Lavine noted she wants to be sure the 1061 Dryden Road PUD is family friendly. It will be efficient and kind to make it clear up front that we are serious about that, especially now while they are re-designing. The ZBA is meeting November 1 for three variances: set backs on Tiny Timbers, side yard setback for a garage, and a subdivision on Route 79 separating a parcel into a less than one acre lot at a logical break point. COUNTY BRIEFING Martha Robertson – The County Legislature has passed their tentative budget and set a public hearing for November 1 at 7:00 p.m. People can send comments through the county website or by phone. They made small changes to the County Administrator’s proposed budget. The levy will increase 2.93%. The tax rate will be $6.62 and has decreased by a few cents from this year. The median home value is $175,000 and the impact would be $15.64 more than in 2017. They put in funding for three years for an energy navigator that’s been discussed by the Energy & Economic Development Task Force. It will be someone to work with businesses to help them in early stages of building or renovating to help with n avigating through the NYSERDA process. They put in money for housing in a couple of places for TB 10-20-16 D R A F T Page 16 of 19 housing. The Planning Department is working on a housing strategy. There is $50,000 each year for three years for the Human Resources Coalition to research a plan for a targeted way for folks for re-entry from jail. They put in money for a half-time person to manage the body camera systems (shared by the City and any villages that want to put in systems). They funded one new corrections officer. The Housing Summit will be held November 30 and December 1. The website is up and they are taking registrations - housingtompkins.com – or they can register by calling 273-8686 x 221. One thing they learned from the needs assessment is there is a need for 560 new housing units county wide every year for ten years to meet needs. People are struggling because they can’t afford housing. Lots of people are just scraping by and spending 40-50% of their income on housing. Some people drive an hour or so a day in to the county to work because they can’t afford to live closer to work. There is information on County Planning Dept website. Cl Lavine asked if this would help the town prioritize what kind of housing the town should work toward. M Robertson said County Planning will look at the target numbers countywide and take a serious look at every municipality’s zoning. Then , given the zoning, they will determine how many units could fit where. In response to a question of rental vs ownership, M Roberson said she didn’t believe it was legal to restrict the ownership of housing units. Land use can be regulated, but not ownership, except in the case of age 55 plus communities. M Robertson said with respect to what kind of communities you want to encourage, Varna is an excellent place for more housing because it is on an easy transit route to the biggest employer in the County and easy access to a lot of employers and there are transportation options there. Cl Cipolla-Dennis said her concern is really looking at providing more affordable houses. We need to figure out how to encourage developers to create more affordable housing so we can start to take care of the folks that are struggling. People are being pushed to rural areas that don’t have adequate transportation, jobs, or infrastructure. We need to figure out a balance there. M Robertson said incentive zoning is a tool for consideration. The housing summit will be a good opportunity to discuss these types of things and make sure they hear from all different voices including developers and landlords. Joe Wilson said discussions should also include where you have discretion like PUDs or if you provide incentives for more density; you can also condition around more affordable units in the form of better insulated, more efficient buildings and the use of technology that is more efficient or no gas. The town board is bargaining with developer because they want special zoning from the town or other incentives. Most towns aren’t doing that. He hopes they have that discussion at the summit. ADISORY BOARD UPDATES Planning Board – Cl Cipolla-Dennis said with respect to the Solar Energy Law, she hopes they are honing in on something everyone will agree on. The Planning Board will look at it next week. She would like to schedule a hearing for that at the November business meeting. There was discussion about having everything in order an d scheduling for publication purposes. TB 10-20-16 D R A F T Page 17 of 19 Conservation Board – no report Rail Trail Task Force – Bob Beck said they have been busy since spring and a grant application will be submitted to NYSDOT for transportation alternative funding this week. Many letters of support were submitted with the application. He t hinks there is a good chance of getting funding to do the Game Farm Road to Hall Road section. In that space there are 32 parcels of land they need easements for. They have sev en in hand of the fourteen that have been pledged. The goal is to get additional ones that have been pledged in by end of year. They still need to figure out a way to get the trail through DECs Game Farm. In the meantime they are moving forward with getting easements this side of Route 13 and expect they will have happy news in the future. There was discussion about when to hold public hearings on the easements that have been received. It was decided to do those in batches and perhaps be ready to hold the first hearing on November 17. Dryden Recreation and Youth Commission – no further report from last week. Ag Committee – Craig Schutt reported they’ve begun review of a draft version of G Frantz’s report. He also shared with them the farmland part of the natural resources plan that the Conservation Board is working on. There was also some discussion about zoning changes to be made that reflect the recommendations of G Frantz’s report. NEW BUSINESS The board has received an application for a ppointment to the DRYC from Paula Klaben. There will be two vacancies after this appointment. RESOLUTION #169 (2016) – APPOINT DRYC MEMBER – KLABEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Paula Klaben to the Dryden Recreation and Youth Commission for a term to expire December 31, 201 7. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Hilary Lambert has applied for an alternate position on the Planning Board. There will be one alternate spot open after the appointment. RESOLUTION #170 (2016) – APPOINT PLANNING BOARD ALTERNATE – LAMBERT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Hilary Lambert to serve as an alternate on the Planning Board for a term to expire December 31, 2016. 2nd Cl Lavine TB 10-20-16 D R A F T Page 18 of 19 Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes National Fire Prevention month – Supv Leifer reported the fire chiefs have talked with the board about what they do, their budget, and the ISO rating. Insurance companies rate our fire protection in the town and it has a huge effect on our homeowners insurance. The better the ISO rating, the more you’ll save on your homeowners insurance. Dryden is ranked 53rd in the state so we are doing really well here. The board is going to work on an informational letter to perhaps put with tax bills to educate people on what the ISO rating can mean for them on the homeowners insurance. Hopefully this will also serve as a recruitment tool for volunteers. The only way to keep ratings up is fund them properly and getting people to become fire fighters and EMTs. The fire departments already reach youth through their junior fire academy and the town helps fund that, but we may have to do more as a board to help them recruit. Cl Cipolla-Dennis suggested including a map that shows coverage areas and which department covers each area. The board has received a suggestion to request NYS DOT to extend the 30 mph to Turkey Hill Road on Route 366. Supv Leifer said he will take what was done previously and provide information on the additional development that has driven this request. The board agrees he should do that. The board reviewed budget modifications requested for the Highway Department. RESOLUTION #171 (2016) – APPROVE BUDGET MODIFICATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modifications: From Acct To Acct DB5110.4 Street Maint. Cont. 22,206.96 DB5110.1 Street Maint. Pers. Serv. 14,276.89 DB5110.110 Str. Maint.Pers Serv OT 964.29 DB5110.111 Pers Serv Benefit Time 6,965.78 DA5130.1 Machinery Pers Serv 22,787.86 DA5120.1 Bridges Pers Serv 29,060.10 DA5130.111 6,272.24 DA5142.1 Snow Removal Pers Serv 39,249.57 DA5140.1 Misc Pers Serv 39,249.57 DA5140.111 Misc Pers Serv Benefit Time 127.14 DA5140.110 Pers Serv OT 127.14 DA5142.110 Snow Rem Pers Serv OT 3,683.36 DA5148.1 Serv Other Gov-Pers Serv 3,683.39 DA5142.110 Snow Rem Pers Serv OT 1,593.42 DA5148.110Serv/Other Gov Pers Serv OT 1,593.42 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes TB 10-20-16 D R A F T Page 19 of 19 Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer presented a resolution to provide for vacation payout for a long -time town employee who recently passed away. RESOLUTION #172 (2016) – Vacation Payout for Highway Department Employee Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, On October 11, 2016 long time Highway Department employee Jon Sinnigen passed away, and WHEREAS, Jon Sinnigen had over 30 years of service to the Town of Dryden and was still an active employee at the time of his death, and WHEREAS, the Town of Dryden Personnel Manual stipulates that vacation payouts will be made to employees who terminate employment or retire from employment, and WHEREAS, the Personnel Manual does not stipulate what happens in the case of an active employee passing away, be it RESOLVED, that the Town of Dryden will make a vacation payout to Jon Sinnigen for his accumulated vacation time at his current hourly rate. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:05 p.m. Respectfully submitted, Bambi L. Avery Town Clerk