HomeMy WebLinkAbout2019-05-23 PB 5-23-19
TOWN OF DRYDEN
PLANNING BOARD MEETING
May 23, 2019
Present: John Kiefer, Chair,Tom Hatfield, Craig Anderson,Tony Salerno, Martin Hatch,
David Weinstein, Daniel Bussmann (alternate),James Skaley(alternate)
Absent: Joe Wilson
Staff: Ray Burger, Planning Director
Liaisons: Craig Schutt(Conservation Board), Daniel Lamb (Town Board)
Chair Kiefer called the meeting to order at 6:05 p.m. D Bussmann and J Skaley will have voting privileges
at this meeting in the absence of Wilson and D Weinstein.
ANNOUNCEMENTS
The source water protection plan project (put on hold when Steve Winkley was ill) will be moving
forward again. He is working on a map of the town that shows specific water resources. Eventually
there will be a product that shows places in town where there is a shortage of water or where water
supplies are at risk.
With respect to the situation on Mineah Road, R Burger and J Kiefer have asked to get a proposal from
TG Miller to look at the drainage situation, water flows there and what the risks are. Whether the town
actually funds a contract with TG Miller may depend on the cost. Updates will be provided as they
occur.
MINUTES
The April 25 minutes state the building at 2141 Dryden Road will be a net zero building. Calculations
have not been completed and they expect it to be at or near net zero. That will be amended in the
minutes. On motion of M Hatch, seconded by J Skaley, and unanimously carried,the minutes of April 25
were approved as amended.
2141 Dryden Road—Medical Office
Site Plan Review
The board reviewed the conditions attached to the sketch plan approval for this project:
That signage complies with the town's design guidelines.
Gary Bush, SPEC Consulting, designer for the project, distributed detail on the signs and placement
proposed for the property. One sign, near the driveway, will be on property owned by NYS DOT(they
own 80'from the centerline). (Dave Weinstein arrived.) The other sign will be placed 80' from the
Page 1 of 5
PB 5-23-19
property line and will be larger than is allowed (visibility is an issue because the property slopes down
from the road). Applicant is in negotiation with the DOT with respect to placement of the smaller sign
near the driveway and will need to go through the town's billboard special use permit process for the
off-premises sign. The larger sign will require a variance from the Zoning Board of Appeals.
Demonstration that there is no runoff to the stream and make the stream more visible on the map.
Gary Bush pointed out the catch basins in the driveways and parking areas. The water collected there
goes into the infiltration basin, preventing the water from flowing over and into the stream.
Where the infiltration pond is perced at under 5 minutes in today's test.
Color of building—commercial design guidelines talk about neutral colors. Applicant will be using a
flagstone color vinyl siding. The roof will be dark gray.
The estimated project construction schedule.
Applicant hopes to break ground in August pending all approvals, with completion anticipated around
the first of the year.
Record of application and status of other necessary permits.
Applicant has conceptual approval from DOT, but there is still a process to go through to get the permit.
The DOT permit is a three-step process. You first submit an initial concept plan. DOT responds with
comments. Any revisions are submitted and a final approval is not given until they have site plan
approval from the municipality.
RESOLUTION#9 (2019)—APPROVE SITE PLAN FOR 2141 DRYDEN ROAD
J Kiefer offered the following resolution and asked for its adoption:
RESOLVED,that the site plan for a professional office at 2141 Dryden Road prepared by SPEC Consulting
dated May 21, 2019, is hereby approved subject to:
1) A variance from the Town of Dryden Zoning Board of Appeals for the large sign;
2) Permission from NYS DOT to locate the small sign on property owned by the State;
3) Town Board approval of special use permit for sign near the driveway;
4) Standard Conditions of Approval as amended 8/14/08;
and further
RESOLVED,that the Town of Dryden Planning Board recommends to the Zoning Board of Appeals that
the variance sought by the applicant for the sign be granted given the site topography, and further
RESOLVED that the Town of Dryden Planning Board recommends to the Town Board that the applicant
be granted a special use permit for sign to be located on property owned by the State.
2nd M Hatch—all in favor
Dan Lamb,Town Board liaison, arrived at 6:30 p.m.
Page 2 of 5
PB 5-23-19
Small Scale Wind Ordinance
Small scale wind ordinance—Chair Kiefer explained that he had asked for clarification from the Town
Board with respect to the charge to the Planning Board. They were concerned specifically about
commercial applications and wanted to make sure that businesses like that could put up a small wind
turbine as a demonstration model (not generating energy producing). The document in front of the
board does more than that and does a lot to improve the existing ordinance.
D Weinstein reviewed with the board the things that have substantially changed in the document since
they last saw it. The preamble states that a single turbine should be a permitted as an as-of-right
accessory use throughout the community. C Anderson said a structure 150' in height with 50' blades is a
large structure for someone's back yard. He suggested an 80'total height from the ground including the
blade. After discussion the KW would not be limited. Anything larger would require a public hearing
and site plan review.
The board reviewed the rest of the document.
Section 1—
1—Location - OK
2—Inappropriate areas—Add Tompkins County Unique Natural Areas. Strike publicly owned space. Bird
areas as defined by the Audubon Society. Strike Cornell Natural Areas. Site plan review not special use
permit.
3—Setbacks—Setbacks from roads should be height plus 50'from the centerline.
4—OK
5—Site plan review, not special use permit.
6—OK
7—OK
8—Tower height. 80' by right, 81-150' require site plan review.
9—OK
10—Manufacturers spec sheet may provide information on noise level generated. Change person to
owner.
11 -OK
12—For those installations requiring site plan review, review criteria shall include minimize adverse
visual impacts from public viewing....
Page 3 of 5
PB 5-23-19
There is no 13—need to be renumbered.
15—Strike whenever possible, change Town Board to Planning Board.
16—ok
20—ok
24—add this to#3 (Setbacks).
25—Leave this in. Change Town Board to Planning Board for site plan review.
26—Change good to safe. Reference unsafe structure law.
Dan Lamb is concerned that these regulations may be too burdensome and not encourage small scale
wind installations. During discussion it was stated these structures are 175', and that while it may seem
excessive for a 2 KW installation, it isn't for a 25KW installation. The board discussed height again and
determined that a height of up to 100' (there is no limit on KW) would not require site plan review.
Remove Section II
RESOLUTION#10(2019)—RECOMMEND ADOPTION OF A MODIFICATION OF THE TOWN LAW
GOVERNING SMALL WIND ENERGY ELECTRICAL CONVERSION SYSTEMS(WEECS)
D Weinstein offered the following resolution and asked for its adoption:
Whereas the Town of Dryden seeks to encourage the development of Small Wind Energy Electric
Conversion Systems if implemented in a manner that protects the public health, safety, and community
welfare,
Be it resolved that the Dryden Planning Board recommends to the Dryden Town Board the adoption of
the language governing these WEECS's included in the Attachment A to this resolution.
2nd T Salerno - all in favor
Comprehensive Plan Update
J Kiefer said the RFP for a consultant to work on the comp plan has been approved by the Town Board
and sent to the town attorney. He called several planning consultants, and all were fine with the thirty
day process, but were not inclined to discuss how much the process would cost. After attorney approval
the RFP will be released. There is no need to meet regarding the comp plan in June. The selection
committee will meet next to review the responses to the RFP. That committee will make an initial cut
and bring three finalists to the Planning Board. The Selection Committee will consist of: R Burger, M
Hatch, D Lamb, D Weinstein, and T Hatfield.
Housing Conditions Study
Page 4 of 5
PB 5-23-19
R Burger explained the last time the town had a community development block grant for housing
improvements was in 1998. The town received a grant for a housing conditions study(needed to apply
for an application for housing improvements) and Thoma Development was awarded the contract for
that study.
Rich Cunningham of Thoma Development explained the process used to determine the condition of the
housing stock in the town. The object is to get the overall condition of the community and then utilize
the data collected to secure funding to help renovate those homes that need it. Properties in the town,
excluding the villages,were evaluated in January, February and March. They looked at 1, 2-and 3-unit
homes (not apartment complexes) and mobile homes on private property(not those in mobile home
parks). CBDG grants can not be used to rehab homes in mobile home parks. There were not really any
concentrations of substandard homes. The results show a relatively strong need for purposes of grant
applications.The next step would be to do an income survey, and the next funding round will probably
be this fall. The results of the study are attached. Thoma will provide a map or chart that shows the
data regionally(doesn't identify specific locations).
There are weatherization assistance programs that can help with mobile homes in parks. Community
Action will do work on mobile homes in parks.
Varna Zoning/Comp Plan Compatibility-discussion will be on the agenda next month.
Planning Department
R Burger said the June 27 agenda will include:
Mill Creek Subdivision—should be coming back with a preliminary plat for review.
Blue Bird Subdivision—Five highway permits have been issued for driveways in this subdivision and the
approved plat called for three common driveways. There will be a public hearing for a plat amendment
and the board will determine whether there is rationale to modify the driveway placements. There is
currently one house under construction and one done. There was no particular note on the plat
mandating a curb cut. Driveway cuts were not addressed in the conditions on the deeds. There are five
driveways where three were intended.
There being no further business, the meeting was adjourned at 8:25 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
Page 5 of 5
0 N N Z
c
a)� � °a Cr
(A = 3
CL M CU a)0. a
w .c = � "
m (A �' 0,
CrN Q
� c O
a) Cr
3 P
3 m
Q Q N
CL
N N D
U�7 GVi 4 W N C
N mo
O
O
N cn I \ O .
H
W m
m W - O lfl lfl •
N P Qi
C
3
Ln LO
� '+
V W W
0 0 0 •
I-� F
lD ' �
~ Q1 V N •
3
m W
NIPS
0
W
C
Ln (J7 3
O O O ''*
o
W W N cn -,1 0
00 m V W a
m
2
00 N N m
0 0 o N
Attachment A
Small Wind Energy Electrical Conversion Systems (WEECS)
Draft 5/23/19
Small-Scale Wind Energy Generation Systems (WEECS) (<25 kW) consisting of a single turbine will
be permitted by either:
i. administrative review and approval by the Dryden Planning Department for systems <80' in
height, or
ii. by Site Plan Review and approval by the Dryden Planning Board for systems greater than or
equal 80' in height but less than 150' in height,
provided they conform to each of the standards identified below.
The intent of this Article is to encourage the development of small wind energy systems if
implemented in a manner that protects the public health, safety, and community welfare.
This Article regulates and provides standards for Small Wind Electrical Energy Conversion Systems
(WEECS) designed for on-site home, farm, and commercial use, and that are primarily used to reduce
on-site consumption of public utility generated and distributed electricity.
This shall apply only to windmills involved in electricity generation.
Section 1. Development Standards
All Small WEECS shall comply with all the following standards.
Plans for the installation shall be approved as directed above prior to installation.
1) Appropriate land use locations. This may include agricultural, residential, commercial/industrial,
and public property class designations.
2) Location on site. A wind tower may be placed anywhere on a given property as long as the
criteria established in this section are met. In residential zoning districts, Small-Scale Wind Energy
Systems should be located in the side or rear yards, to the extent practical.
Wind towers can be mounted on or adjacent to existing structures contained within the same property
as long as they conform to the setback requirement described below. Wind towers must not cast
shade for more than a one hour period during any day, and must not cast sun flicker on to adjacent
properties during any portion of the year. An engineering analysis may be required to determine
these probabilities.
3) Areas deemed inappropriate include Unique Natural Areas (UNAs), Slopes>15%, Important Bird
Areas, Critical Environmental Areas, and Airport approach and clear zones. Small WEECS shall be
set back at least 1,000 feet from any Important Bird Area as identified by New York Audubon and
from State-listed wetlands. The Dryden Planning Board may consider applications with Site Plan
Review for Small WEECS within 1,000 feet of an Important Bird Area or State- listed wetland upon
a recommendation from the Conservation Board.
1
4) Setbacks. Setbacks for Small-Scale Wind Energy Systems from lot lines should be the total height
of the installation plus 50 feet. This setback should be measured from the center of the tower.
5) Only one Small WEECS (or, where authorized, a temporary wind measurement tower)per lot
shall be allowed. Adjoining lots under common ownership and without separate residences on each
shall be treated as one lot for purposes of this limitation. More than one Small WEECS per lot may
be allowed if the applicant adequately demonstrates that the electrical or mechanical power needs of
the individual user exceed the power generation capability of one WEECS; for this a Site Plan
Review Permit will be required.
6) Small WEECS shall be used primarily to reduce the on-site consumption of public utility-
provided electricity, or as a primary source of electricity when the applicant is not connected to the
electricity grid.
7) The maximum turbine power output is limited to 25 kW unless the applicant demonstrates to the
reasonable satisfaction of the Town Planning Board that a larger turbine is necessary to meet the
historical and/or projected energy needs of the applicant. The applicant shall submit documentation
via a Site Plan Review Permit application supporting the increased turbine size including copies of
electrical bills, an energy audit or electrical power requirements of any new or proposed equipment.
8) Tower Height: Tower heights shall be limited to a maximum of 150 feet. Tower height shall be
measured as the distance from the ground surface to the top of the windmill blade at its highest point.
It is recommended but not required that the bottom of the turbine rotor should clear the highest wind
obstacle (rooftop, mature tree, etc.)within a 500-foot radius by at least 30 feet.
9) The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation
Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the
Code of Federal Regulations regarding installations close to airports.
10) The sound level at the closest place of human residence or frequent occupancy not owned by the
WEECS owner shall not exceed twice the local ambient noise level, or 3dB above the ambient level.
To evaluate this, the following metrics can be used: quiet rural areas ambient level = 30 dB; next to a
highway= 80 dB; a commercial area=50 dB. Note: Doubling the sound level =+3dB; Doubling the
distance from the source=—6dB.
11) The system's tower and components shall be painted a non-reflective, unobtrusive color that
blends the system and its components into the surrounding landscape to the greatest extent possible
and incorporate non-reflective surfaces to minimize any visual disruption.
12) The system shall be designed and located in such a manner to minimize visual impacts from
public viewing areas (e.g.,public parks, roads, trails) and from adjacent properties as much as
practical, evaluated by the reviewing body.
13) Exterior lighting on any structure associated with the system shall not be allowed except that
which is specifically required by the Federal Aviation Administration.
14) On-site electrical wires associated with the system shall be installed underground except for "tie-
ins" to a public utility company and public utility company transmission poles, towers and lines.
Towers located on or immediately adjacent to a structure may connect to that structure's electrical
2
system with aboveground wires. Upon review,the Planning Department or Planning Board may
determine if the project terrain is unsuitable for belowground wires due to reasons of excessive
grading, biological impacts, or similar factors.
15) The system shall be operated such that no disruptive electromagnetic interference is caused. If it
has been demonstrated that a system is causing harmful interference, the system operator shall
promptly mitigate the harmful interference or cease operation of the system.
16) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock
or high voltage and harm therefrom. No brand names, logo or advertising shall be placed or painted
on the tower or components where it would be visible from the ground, except that a system or
tower's manufacturer's logo may be displayed on a system housing or the fantail in an unobtrusive
manner.
17) Towers shall be constructed to provide one of the following means of access control, or other
appropriate method of access:
a. Tower-climbing apparatus located no closer than 12 feet from the ground.
b. A locked anti-climb device installed on the tower.
c. A locked, protective fence at least six feet in height that encloses the tower if the tower was
made to be climbed.
18) Anchor points for any guy wires for a system tower shall be located within the property that the
system is located on and not on or across any above-ground electric transmission or distribution lines.
The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in
bright orange or yellow covering from three to eight feet above the ground.
19) The minimum height above the ground of the lowest part of the wind turbine blade shall be at
least 15 feet.
20) All Small WEECS tower structures shall be designed and constructed to be in compliance with
applicable provisions of the New York State Uniform Fire Prevention Building Code,National
Electric Code and generally accepted engineering practices.
21) All Small WEECS shall be equipped with manual and automatic over-speed controls and
emergency shutoff controls.
22) No WEECS shall be so constructed or operated so as to create artificial habitat for raptors or
raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent practicable be
minimized.
23) A Small WEECS shall not be located closer to any adjacent property's line, right of way,
easement, public highway or power line than the Total Height of the facility plus ten feet.
24) All Small WEECS shall be maintained in safe operational condition in accordance with the
manufacturer's specifications and all requirements of this section. A person should be available to
shut down the wind turbine within 12 hours in case of a dangerous or high-noise malfunction. The
local fire department or other alternative agency shall be provided, at installation, with the means of
shutdown. Structures deemed unsafe will be required to be removed (refer to the Dryden Town law
governing unsafe structures).
3
Section II. Application material required
Applications for Small WEECS, including both administrative review permits and Site Plan Review
Permits, shall include:
1. Name, address, telephone number of the applicant. If the applicant will be represented by an agent,
the name, address and telephone number of the agent, as well as an original signature of the applicant
authorizing the agent to represent the applicant is required.
2. Name, address, telephone number of the property owner. If the property owner is not the applicant,
the application shall include a letter or other written permission signed by the property owner (i)
confirming that the property owner is familiar with the proposed applications and (ii) authorizing the
submission of the application.
3. The names and mailing addresses of all owners of all property adjacent to the proposed tower Site
and/or within 500 feet of the proposed tower Site.
4. Address of each proposed tower Site, including tax map parcel number.
5. Evidence that the proposed tower height does not exceed the height recommended by the
manufacturer or distributor of the system.
6. A completed Short Environmental Assessment Form (EAF).
The reviewing body may require submission of a detailed visual analysis based on the proposed
configuration of the installation. This material may include a computerized photographic simulation,
demonstrating the visual impacts from nearby strategic vantage points. The description of the proposed
installation shall indicate the color treatment of the system's components and any visual screening
incorporated into the project that is intended to lessen the system's visual prominence.
7. Applicants must have a pre-application conference with the Town Code Enforcement Officer to
address the scope of the required visual assessment.
4