HomeMy WebLinkAbout2018-04-12TB 4-12-18
Page 1 of 11
TOWN OF DRYDEN
TOWN BOARD MEETING
April 12, 2018
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine,
Cl Kathrin Servoss, Cl Alice Green
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Jennifer Case, Bookkeeper
Ray Burger, Planning Director
Supv Leifer opened the meeting at 7:10 p.m. Board members and audience recited the
pledge of allegiance
PUBLIC HEARING
SPECIAL USE PERMIT
HAIR SALON AT 225 NORTH ROAD
Supv Leifer opened the meeting at 7:11 p.m. Ray Burger explained the special use
permit for the Avinet business at 225 North Road was not transferrable and expired with
transfer of ownership. This hair salon is going into a single story structure in a rural
residential zone. The County has stated they don’t need to do a 239 review on this. There is
one public comment in support from an adjoining property owner. John Conway, the applicant
was present with his son and daughter-in-law, Dan and Jen, who will be running the hair
salon.
John Conway explained they presently have had their business in town next to Subway
for three years. This is a good location with plenty of parking. The new salon will occupy the
back part of building and they will put something in the other side. They have submitted
stamped drawings and are looking to get a building permit and get started as soon as they can.
Their regular customers will go to the new location. (Cl Lavine arrived at 7:13 p.m.)
R Burger and the board reviewed the short form SEQR and completed Parts 2 and 3.
Supv Leifer stated this is a great re-use of the property. There were no comments from the
audience. The public hearing was closed at 7:20 p.m.
RESOLUTION #67 (2018) – NEG SEQR DEC – Locating a Hair Salon at an existing facility
at 225 North Road, Tax Parcel 35.-1-23
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves locating a hair salon to an existing one-story, 2664 square foot
building on the 1.01 acre site located at 225 North Road, tax parcel ID # 35.-1-23, 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
TB 4-12-18
Page 2 of 11
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 it s
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 t his
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 Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #68 (2018) - Approving Site Plan and Granting Special Use Permit for a
Hair Salon Business at 225 North Road, Tax Parcel #35.-1-23
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. John Conway has applied for a Special Use Permit (SUP) to locate a hair salon to an
existing one-story, 2664 square foot building on the 1.01 acre parcel located at 225 North
Road, in Freeville, New York, Tax parcel #35.-1-23, and
B. A separate dog grooming business, in a separate portion of the building, is no lo nger
under consideration, and
C. The proposal is for interior, non-structural changes to the existing structure on the 1.01
acre site, and
TB 4-12-18
Page 3 of 11
D. The proposal includes a new message within the existing free-standing sign, a split rail
fence along the south side of the existing parking area, and no other changes, to the
exterior of the property, and
E. An application, sketch plan, short EAF, and Ground Disturbance Tally Form have been
submitted, and
F. The Town Planning Department considers the application complete and in conformance
with the requirements of Town Zoning Law §501, §600, §1103 and §1201, and
G. A public hearing was held on April 12, 2018 with public comments registered in the
meeting minutes and considered by this board, and
H. The Tompkins County Planning Department waived NYS Municipal Law 239-M review
(email dated 2/27/18) of this project per §II -F of the Inter-governmental Agreement between
the Town of Dryden and the Tompkins County Planning Department, and
I. The Stormwater Management Officer reviewed the proposal and concluded that no
Stormwater Pollution Prevention Plan (SWPPP) is required, and
J. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, the Town Board of the Town of Dryden,
has, on April 12, 2018, made a negative determination of environmental significance, after
having reviewed and accepted as adequate the Short Environmental Assessment Form
Parts 1, 2 and 3, and
K. The Town Board has reviewed this application relative to the considerations and
standards found in Town Zoning Law §1104 for site plan review a nd §1202 for Special Use
Permit.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board approves the sketch plan documents, dated January 30, 2018, as site
plan for 225 North Road without conditions; and
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 Rural Residential
district and compatible with the anticipated predominant form of development (one and
two-family homes) of the district, as set forth in the Zoning Law, as it is a type of service
business sometimes operated as a home occupation – a permitted use in the Rural
Residential district;
b. The proposed use is compatible with adjoining properties and with the natural and
manmade environment, as no substantial changes to the site are proposed. The
property is surrounded by agricultural uses with the nearest residence over 450 feet
away. The proposed use is a permitted use on the property directly across the street.
Existing trees and the expanse of agricultural land screen residential uses from the
proposed business;
TB 4-12-18
Page 4 of 11
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. No restrictions and/or conditions on design of structures or operation of the use
(including hours of operation) are deemed necessary to ensure compatibility with the
surrounding uses or to protect the natural or scenic resources of the Town;
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 in that: the
site is screened from residential uses by the existing landscape and agricultural fields
and no new road cuts are proposed, and
3. 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 Permit for
the proposed use of the existing facility for a hair salon at 225 North Road wi th the Town of
Dryden Standard Conditions of Approval as ame nded August 14, 2008.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
PRESENTATION
PRINCE FARM CONSERVATION EASEMENT
Peter Davies, Chair of the Conservation Board, explained that the Prince Farm, also
known as the Brotherton Farm, is trying to get a conservation easement on their land at the
intersection of Route 13 and Ringwood Road. The property is about 325 acres and includes 72
acres of prime Ag land and 135 acres of land with soils of statewide importance. There are 54
acres of freshwater wetland. Conservation Board’s Natural Resources Conservation plan
emphasizes the importance of agricultural land, open spaces and wetlands. They think it is
very important to support a conservation easement on this land to preserve it as Ag land and
open land for future generations of Dryden residents, particularly in view of the commercial
development happening along Route 13. The easement is being handled by Finger Lakes Land
Trust.
Andy Zepp, Executive Director of Finger Lakes Land Trust (FLLT), said this is an
incredible opportunity that builds on the town’s long term partnership with FLLT. That
relationship includes past investments in the board walk at Roy H Park Preserve on Irish
Settlement Road, work to establish conservation areas at the Parke -Dabes property off Route
366, and the Campbell Meadow property on Fall Creek. It also builds on the conservation
easements purchased for two farms through the state program. Because of this family’s
commitment to the land, they are not seeking to sell the rights; they want to donate the rights.
FLLT will work with the family and think beyond our lifetimes. Agriculture has changed
tremendously in the past, as has the Route 13 corridor, and it will undoubtedly change again
TB 4-12-18
Page 5 of 11
the future. In this case, they developed a land management plan. TG Miller has surveyed
several different zones. The two focuses of this project is sustaining agriculture and the other
is conserving water and wetland resources. There will be a buffer around the wetland that will
define and document it. There is a small stream parallel to Ringwood Road that will receive
additional protection. Agricultural areas will be defined so that if it is let go for awhile it is
clear that the fields can be reclaimed for agriculture. Because the property is bisected by
Route 13 and to give more flexibility for the future, they decided to treat this as two properties
with one additional home site or farm. It is possible that a future family may want to sell off
some acreage. There is a provision for two residential areas that are liberal in size and in these
defined areas of four acres or so, it is between the owner and town what happens there and
they won’t have to consult with FLLT.
FLLT has received a grant of $20,000 from Tompkins County to help cover costs
associated with the project. The biggest cost is putting funds in the stewardship fund to
monitor these agreements annually. If they are contested in the future FLLT has a legal defense
fund. Because of the size of the property and the zones, t he survey fee is not insignificant.
There are also legal transaction costs. For each easement they hire a study done that
documents the conditions of the property and its resources. That is a planning tool (signed
and recorded) so something changes there is proof of what it was like .
A Zepp said FLLT has about 150 easements now and they are monitored by staff on an
annual basis. They have about half of the $40,000 budgeted for this easement and hope the
town will consider a contribution in support.
P Davies said the Conservation Board, in line with the value to the town of an easement
on this property to preserve for Ag and natural areas, has written a resolution in support. It
was transmitted to the Town Board in early February. He read the resolution:
RESOLUTION # 1 for 2018 FROM THE CONSERVATION BOARD TO THE TOWN BOARD
RECOMMENDING FINANCIAL SUPPORT BE GIVEN TO THE FINGER LAKES LAND TRUST TO HELP
FACILITATE THE ESTABLISHMENT AND STEWARDSHIP OF AGRICULTURAL EASEMENTS ON THE
PRINCE FARM.
Whereas the donation of two conservation easements on the 324 -acre Prince farm, located near the intersection of
State Route 13 and Ringwood Road in Etna, will contribute significantly to the preservation of farmland in Dryden,
NY,
Whereas these easements will foster continued agricultural use in what is a rapidly developing corridor,
Whereas these easements will help to preserve large areas of wetland on the property, providing expanded buffering
of the Etna Swamp Unique Area, which in turn will protect valuable habitat for wildlife and buffer downstream
communities from flooding,
Whereas the preservation of farmland and open space is encouraged in the Dryden Comprehensive Plan,
Whereas Tompkins County, recognizing the large number of benefits that an easement on this property, has already
committed a contribution of $20,000 toward the establishment and stewardship of this easement, and
Whereas the Dryden Town Board expressed its support of the Finger Lakes Land Trust’s application to the County
Legislature for help preserving this farmland,
Therefore,
Be it Resolved that the Dryden Conservation Board recommends that the Dryden Town Board contribute $10,000 to
facilitate the establishment and stewardship of this easement.
TB 4-12-18
Page 6 of 11
Comments during board discussion:
There will be no public access. It remains private property subject to the discretion of
the landowner.
The land is not too far away from the rail trail, but it is either Ag land or wetland. It
may be possible years down the road.
Board members voiced support.
That the owner is donating the easement is significant.
There is development on Route 13 and this would preserve the legacy beauty of the
area.
The town needs to determine where the money would come from, perhaps from fund
balance.
There will be revenues from the development on Route 13 in the next 20-30 years with
the solar and some of that could be used to preserve this. It provides balance.
A permanent funding source for these types of things should be established.
Any signage recognizing partners involved is up to the landowner.
The board may have a resolution next week.
RESOLUTION #69 (2018) – APPROVE ABSTRACT #4
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #4, as audited, general
vouchers #176 through #271 ($546,359.72) and TA vouchers #8 and #9 ($3,201.60) totaling
$549,561.32.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
The budget modification done last month regarding the BridgeNY grant needs to be
amended to reverse a portion from the BridgeNY Freese Road line to Bridges Contractual and
another from Bridge NY Freese Road to BridgeNY George Road.
RESOLUTION #70 (2018) – APPROVE BUDGET MODIFICATION
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modification:
From
To
DA5120.410 BridgeNY Grant - Freese DA5120.4 Bridges Contractual 482.52
DA5120.410 BridgeNY Grant - Freese DA5120.411 BridgeNY Grant - George 3,514.62
and authorizes the Town Supervisor and bookkeeper to make the necessary adjustments to the
budget and to file any other forms or documents required by law.
2nd Cl Lamb
Roll Call Vote Cl Lavine
TB 4-12-18
Page 7 of 11
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer explained the state made an overpayment to us for when the Highway
Department assisted Buffalo a few years ago. The funds need to be moved to the Trust &
Agency account until the state notifies us with respect to what needs to be done. The Highway
Department is looking into it.
RESOLUTION #71 (2018) - MOVE OVERPAYMENT TO TRUST & AGENCY ACCOUNT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town Highway Department assisted the City of Buffalo after a snow
storm in 2015, and
WHEREAS, the Highway Superintendent applied for reimbursement for Town costs
related to the assistance provided, and
WHEREAS, the Town received $34,545.44 on January 19, 2016 from the City of
Buffalo, and
WHEREAS, the Town then received a second payment of $34,553.42 from New York
State on March 13, 2017, and
WHEREAS, the Highway Superintendent does not yet have an answer about why the
Town was paid twice, or which payment amount is correct, and
WHEREAS, the Town does not wish to overstate the DA fund balance if the second
payment will need to be returned, be it
RESOLVED, that the Bookkeeper is authorized to move the amount of $34,553.42 from
the DA fund to the Town’s Trust & Agency fund. The money will stay in that fund until the
Highway Superintendent has an answer to where it should go.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
The board needs to appoint an authorized purchaser for the Recreation Department.
RESOLUTION #72 (2018) – APPOINT PURCHASER FOR RECREATION DEPARTMENT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, at the January 4, 2018 organizational meeting of the town the Recreation
Department was not fully staffed, and
WHEREAS, additional staff has since be hired, and
TB 4-12-18
Page 8 of 11
WHEREAS, Marty Conger is the head of the Recreation Department,
NOW, THEREFORE, be it agreed and understood that Marty Conger is hereby
authorized to make purchases on behalf of the Recreation Departme nt per the purchasing and
procurement policy.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer said the board needs to consider a pet policy for town hall. Dogs are
sometimes unleashed in the building. Points and comments during discussion:
These are not service dogs.
There was an unleashed dog in the entranceway.
It is staff that has complained, not the public.
People do bring their dogs in to the clerks office to license them.
There should be rules at the very least.
This involves staff dogs and could be addressed at a staff meeting.
Staff could be asked to keep their animals at home or on or leash or otherwise confined.
Articles were presented that address the benefits of dogs allowed in the workplace.
There could be an insurance liability issue.
Having a dog at work may have a negative impact on performance (use of time).
There should be a policy.
Policy could be drafted after a staff meeting.
No negative comments from the public about dogs in the building.
A staff meeting will be held in May.
There is a vacancy on the Recreation & Youth Commission. There is also a vacancy for
an alternate on the Zoning Board of Appeals. Interested people should submit a volunteer
board application.
TG Miller is working with Atty Sokoni and the attorney for the Town of Ithaca to come
up with the Memorandum of Understanding to transfer ownership of the pressure release valve
at the Cornell Apple Orchard to the Town of Dryden.
Resolution #73 (2018) - Opposing the Use of Compressed Natural Gas (CNG) or
Liquified Natural Gas (LNG) in Response to New York State Electric
and Gas's Non-pipe Alternative Request for Proposal
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, The Town of Dryden appreciates that NYSEG has asked for the community's views
on whether NYSEG's injecting natural gas into the local system using trucks to transport
Compressed Natural Gas or Liquefied Natural Gas is a suitable alternative under the NYSEG
RFP. and
WHEREAS, The Town of Dryden is one of the communities where Compressed Natural Gas
(CNG) or Liquified Natural Gas (LNG) would be loaded under a proposal in response to the
request for proposals, and
TB 4-12-18
Page 9 of 11
WHEREAS Tompkins County has made a commitment to reduce greenhouse gas emissions
(GHG) at least 80% by 2050 and the 2016 Tompkins County Energy Roadmap concludes that
the community must reduce the use of natural gas by at least 50% to achieve that goal, and
WHEREAS Town of Dryden officials have and continue to work diligently to further sustainable,
energy efficient development in Dryden as a complement to our County's sustainability and
emission-reduction goals, and the trucking of CNG and LNG
to increase the use of natural gas/methane would directly contradict our Town officials' work.
and
WHEREAS, New York State Electric and Gas's (NYSEG) proposed Freeville - Lansing pipeline
generated strong community opposition, and the County's 2016 Energy and Economic
Development Task Force's top recommendation was to seek a solution that would meet the
community's energy needs without increasing reliance on natural gas, and
WHEREAS, considering these community goals, on November 16,2017, the New York State
(NYS) Public Service Commission (PSC) issued an order authorizing NYSEG to implement a
compressor solution to meet reliability needs for existing customers, and to issue a Request for
Proposals ( RFP) for non-pipe alternatives to meet future demand, in lieu of the previously
proposed pipeline, and
WHEREAS, on December 18,2017, NYSEG issued the RFP seeking non -pipe alternatives and
clarified in their February 9, 2018, "Questions and Answers and RFP Clarification" document
that they were seeking responses that would "introduce additional gas supply (or reduce
current gas demand) into/on the System", and
WHEREAS, one method of adding gas to a system is to transport compressed natural gas
(CNG) or Liquified Natural Gas (LNG) by truck and inject it into the system, and
WHEREAS, NYSEG's RFP states (Section II, C. Eligible Resources): "Resources may be in the
form of any or all of the following resource types... Introduction of CNG, LNG to the extent
allowed and supported by the community....", and
WHEREAS, injection of CNG or LNG would result in expanded use of natural gas which is
counter to Tompkins County's goal to decrease use of natural gas to achieve GHG emissions
reduction, and
WHEREAS, transportation of CNG or LNG on local roads introduces significant safety risks and
adds wear and tear to our roads, now therefore be it
RESOLVED, that the Town of Dryden opposes the injection of CNG or LNG as a non -pipe
alternative solution in response to NYSEG's non-pipe alternatives RFP,
RESOLVED, further, That the Clerk send a certified copy of this resoluti on to Joseph Syta, Vice
President-Controller and Treasurer at NYSEG and to Hon. Kathleen Burgess Secretary, New
York State Public Service Commission (docket number l7-G-0432).
SEQR ACTION: TYPE II-20
2nd Cl Greene
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
TB 4-12-18
Page 10 of 11
There will be a celebration to recognize emergency first responders with 25 to 30 plus
years of service at TC3 on May 2, 2018. There is an associated small budget and the town has
a small balance in the town’s fire protection line of roughly $25,000. The town can contribute
toward some of their expenses and pins. Supv Leifer will do a resolution to appropriate from
the fire protection fund for next week.
The Dodge Road bridge needs repair and the town’s share will be about $120,000. Atty
Sokoni will review the contract with the County for next week. The county will do the work and
the town will pay them the town share. The town is responsible for maintenance of the
approaches. This is not covered under the BridgeNY grant, though there may be an application
for this one.
Charter Communications has been negotiating with the TCCOG group. All the Time
Warner franchises are expired. Charter has asked for a Non-Disclosure Agreement. This is a
way to find out if they are building in the town of Dryden under the merger approval agreement
with the state, but the information cannot be shared. Atty Sokoni has reviewed and marked up
the agreement. The board can vote to sign the agreement next week.
An application has been received from Camp Earth Connection in connection with
expanding their operation on Hammond Hill. They will be present next Thursday to introduce
and schedule a hearing for the May meeting. It functions similar to a retreat center. They have
some a small lodge and some primitive cabins. It is a slow growing operation.
The board discussed establishing a code of conduct for public meetings and reviewed
the draft presented. There was discussion about the definition of harass and whether it needed
to be made more clear. They will add that the speaker should wait to be recognized by the
chair before addressing the board. Cl Lamb will revise and bring back to the board next week.
Cl Servoss would like to hold a training on heated meetings for board and committee
members. She also suggested that Atty Sokoni could do a FOIL and open meetings training.
Proposed April 19, 2018 Agenda Items:
Public Hearings
1540 Ellis Hollow Road –acceptance of Conservation Easement
1061 Dryden Road –site plan revision downsizing the townhomes
Unfinished Business
Report on property at 473 Bone Plain Road
Report on property at 107 Morris Road
R Burger stated they are beginning the new process under our Zoning Law
New Business
Consideration of $10,000 contribution to FLLT for Prince Farm Conservation Easement
Recommendation and appointment of new members to Rail Trail Task Force
Approval of Agreement with Dryden Area Intergenerational Band & Chorus
Introduction of SUP Camp Earth Connection and scheduling of public hearing
Cl Lavine said she just came from the East Hill Village meeting (she has attended all
three). It is important to be aware of what is happening there because it makes the town of
Dryden areas near the East Hill Plaza more desirable for commercial development and
TB 4-12-18
Page 11 of 11
residential homes. There will be additional infrastructure necessary, for instance. R Burger
will stay in touch with the development team because of potential impacts, both positive and
negative, to the town.
Craig Schutt announced the Conservation Board has arranged for a presentation by
Rebecca Snyder on road ditch maintenance and best management practices at 1:00 p.m. next
Tuesday at the DPW meeting room. Highway and DPW staff are invited to attend as well as
town board and committee members.
Cl Green and Cl Lavine will be attending a meeting on the 19th in Seneca Falls on
ditches and wastewater management in terms of preserving the watershed. There is some grant
money available and they want to learn more about that.
There being no further business, the meeting was adjourned at 8:48 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk