HomeMy WebLinkAbout2020-07-16TB 7-16-20
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TOWN OF DRYDEN
TOWN BOARD MEETING
Via ZOOM
July 16, 2020
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Cl Kathrin Servoss, Cl Loren Sparling,
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Planning Director
Khandi Sokoni, Town Attorney
Andrew Pierce, Recreation Dept.
Supv Leifer called the meeting to order at 6:05 p.m.
TOWN CLERK
Minor changes were suggested and accepted by board members.
RESOLUTION #92 (2020) – APPROVE MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of June 11 and
June 18, 2020.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING
CONTRACTOR YARD
1847 HANSHAW ROAD
Supv Leifer opened the public hearing at 6:08 p.m. Ray Burger explained this is an
application for a contractor yard on Hanshaw Road near the Route 13 intersection. It is in a
rural residential zone across from where 89 Lumber is on Hanshaw Road. This is a special use
permit before the Town Board, so site plan review takes place tonight. Applicant Terance
Bailey is present in this virtual meeting. County 239 review contains no comments or
recommendations on this plan. It is a Type 2 action for purposes of SEQR, so there is no
environmental review. Application materials and a draft resolution are on the website.
T Bailey said this is straight forward and will result in him being able to store his tools
and materials indoors instead of outside. Though his business is officially located in
Trumansburg, he does a good deal of business on this side of the lake.
There was no public comment. Sketch plan and other application documents have
been reviewed by the board. R Burger reviewed the proposed resolution of approval with the
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board and suggested adding a condition requiring that a 20’ existing vegetative buffer between
the site and the neighboring property be maintained. Tompkins County energy
recommendations were considered by the applicant and contained in the package.
There were no further questions or comments and the public hearing was closed at 6:20
p.m.
RESOLUTION #93 (2020) - Approving Site Plan and Granting Special Use Permit for a
Contractor Yard at 1847 Hanshaw Road, Tax Parcel 42.-1-29
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. Terance Bailey has applied for a Special Use Permit (SUP) to locate a contractor yard at
1847 Hanshaw Road, Tax Parcel 42.-1-29; and
B. An application, SUP worksheet, elevations, notice of ground disturbance and sketch
plan have been submitted, and
C. The Town Planning Department considers the application complete and in conformance
with the requirements of Town Zoning Law §501, §600, §1103 and §1201, and
D. A public hearing was held on July 16, 2020 with public comments registered in the
meeting minutes and considered by this board, and
E. The Tompkins County Planning Department has reviewed the application pursuant §239
–l, -m, and –n of the New York State General Municipal Law, and
F. In a letter dated July 8, 2020, the Tompkins County Planning Department determined
that the proposal has no negative inter-community, or county-wide impacts, and
G. The Stormwater Management Officer reviewed the proposal and concluded that only a
‘Simple’ Stormwater Pollution Prevention Plan (SWPPP), consisting of erosion and sediment
control practices, and prepared by the Stormwater Management Officer, is required, and
H. 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 July 16, 2020, determined that this proposal is exempt from review since it is a
Type II action under 6 CRR-NY 617.5 (c) (9), and
I. 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 documents, submitted with the application
dated March 16, 2020 as site plan for 1847 Hanshaw Road, conditioned on the following
prior to issuance of a Certificate of Occupancy:
a. Exterior lighting will be night-sky compliant.
b. Building finish will be neutral colors.
c. Outside storage will be limited.
d. 20ft natural vegetative buffer on the western property line will remain undisturbed.
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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 purpose of this district as Contractor Yards are a
permitted use in this zone and this parcel is located near the Hanshaw Road/ Route 13
intersection near other commercial businesses;
b. The proposed use is compatible with adjoining properties and with the natural and
manmade environment, as this proposal is for a single building located 350 feet from
the road and screened by existing trees and there are other large buildings much more
visible along this stretch of Hanshaw Road;
c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate .
There are eight parking spaces provided and emergency vehicles have access from the
roadway;
d. The overall impact on the site and its surroundin gs 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 low volume of traffic associated with this
business and that it will not generate noise, dust, odors or release harmful substances;
e. Restrictions and/or conditions on design of structures or operation of the use necessary
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;
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.
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 contractor yard at 1847 Hanshaw Road with the Town of Dryden Standard Conditions
of Approval as amended August 14, 2008.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING
PROPOSED AMENDMENT TO TOWN OF
DRYDEN ZONING LAW REGARDING VARNA ZONING DISTRICTS
Supv Leifer opened the public hearing at 6:25 p.m. He asked the board to consider the
resolution declaring the town lead agency for purposes of SEQR.
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RESOLUTION NO. 94 OF 2020 - DECLARATION OF THE TOWN BOARD OF THE TOWN OF
DRYDEN AS LEAD AGENCY IN CONNECTION WITH PROPOSED VARNA ZONING
AMENDMENTS
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town Board of the Town of Dryden (“Town Board”) is in the process of reviewing
zoning amendments regarding the Hamlet of Varna, and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the "SEQRA")
and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
"Regulations"), all discretionary actions by the Town are subject to environmental review in
accordance with SEQRA, and
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) and its
regulations require that a Lead Agency be established for conducting environmental review of
all discretionary actions in accordance with local and state environmental law; and
WHEREAS, the Town Board wishes to comply with the SEQR Act and its Regulations with
respect to the proposed zoning amendments, and
WHEREAS, SEQRA and its accompanying regulations specifies that for actions governed by
local environmental review, the Lead Agency shall be that local agency which has primary
responsibility for approving and carrying out the action; and
WHEREAS, the adoption of these zoning amendments is a legislative action,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
DRYDEN, NEW YORK that as the local agency with primary responsibility for approving this
legislative action, it hereby declares itself Lead Agency for purposes of conducting the
environmental review required by SEQRA and its accompanying regulations.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer said a letter (dated May 18, 2020) had been received signed by 99 people
with respect to the proposed amendment (attached).
Angie Chen – has reviewed the 2012 Varna plan and the parcel their auto business is
on and the parcel they own across the street were shown as commercial properties. The
current proposal does not reflect this long-time and current usage. She understands the
board’s efforts to protect Fall Creek but that has been taken into major consideration and
addressed when they purchased the property across the road from Cornell University. The
property line is far above the Fall Creek water line and they have a fen ce on the property line to
prevent people from trespassing into the creek. She is asking the board to recognize the past
and current use of the parcel. It has been used as overflow parking for Varna Auto for the past
35 years and she asks the board to include it as a mixed use to be more in line with the 2012
Varna plan.
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David Weinstein – Reiterating why the Planning Board drafted this proposal, said there
is an approved Varna Plan that is an official part of the Comprehensive Plan which identified a
vision for the future. That vision was constructed and supported by the Varna community and
supported and approved by the Town Board in 2012. It is a vision of how to maintain the
community character while allowing a 50% increase in the population of Varna. You may
disagree with this vision, but it is the current plan, the current vision , adopted by the town
only 8 years ago. Unfortunately, the zoning that was put in place allows a 700% increase in
the population of Varna. So, it is clearly incompatible with the plan. The whole idea here is to
dial back the allowable density to make it more in line with the Varna plan. This is a fair way
of making the two compatible. It is necessary to bring the zoning into compliance with the
Comprehensive Plan, which is a requirement of the state.
He added that he fully supports Angie Chen’s recommendation that the board include
the parcel across the street from the auto repair business as mixed use. That was not
something that was really considered by the Planning Board at the time and that change in the
map could be added. It is totally appropriate and would protect the environment.
Buzz Dolph, 26 Quarry Road, said he finds it difficult to understand why people who
call themselves progressives are advocating for this change in the Varna zoning law, which is
calling for lower density, larger lot size and less development. The reasons for this confusion
are:
The environment – he’s pretty sure that most people who want this zoning change were
in support of the solar panels in Dryden. He was for that project also. Many of the same
people who were in support of that project want the town to reduce density in the one place in
the County where increased density makes the most environmental sense. It’s close to work,
close to public transportation, hiking and biking trails, world-class natural areas and a lot
more. Additionally, the hamlet is the only hamlet in Tompkins County that has both water and
sewer. Higher density in housing in Varna would also alleviate the pressures of sprawl
throughout the rest of the town.
The need for housing – everyone speaking out for a lower Varna density would probably
agree that there is a housing crisis in Tompkins County. Along with the need for more housing
they would also probably agree that there is a strong housing justice issue that can be
addressed in part with the addition of more housing. By reducing the density in Varna they
are effectively removing the best way in which the town can lend a hand to ease some of t hese
pressures.
Tax revenue – Last he knew progressives, and he considers himself one, are all for
increases in government revenue. Then why deny the town the benefits of an increased tax
base that would come from a fully developed Varna? This increased tax base could be
reinvested into the town benefitting all of the residents of the town.
Historically, zoning has been used to separate white economically privileged people from
people of color and less advantaged classes. The term “in keeping in character of the
neighborhood” is a term that has been used in zoning forever. It’s always the c haracter of the
neighborhood that needs to be protected. He’s come to believe that this term has been used for
those who really don’t want change, and they want to maintain that white economic privilege
that they currently have. Suffice it to say, this behavior is not the behavior of progressives. It’s
the behavior of NIMBYs. They just don’t want it to change because it affects their own homes.
The town of Dryden is currently in the midst of formulating a new comprehensive plan.
In the development of this plan we have the opportunity to create a future that works for all
residents and can be a collaboration with community members. It should include developers,
planners, future possible business owners and all of the players that would want to be part of a
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better Varna community. Why do we want to change the zoning law now when this is taking
place and only probably to be changed again?
He believes Varna needs a higher density threshold, not less. It’s the best thing for the
town, the county, the underserved and the plan. He hopes the town rejects the amendment.
Martha Robertson – This is an important conversation and a difficult one. Though as
David said, the Varna plan was put into place only eight years ago, things can change
overnight. We have seen that in our country in the last four months. Four months is not
overnight, but sometimes it feels like it. It will be really important for the Planning Board to
have guidelines about real need for protection of the creek and the edges of Varna’s
development. There are important design guidelines that can prove the outcome of different
projects. But for the most part she agrees with Buzz. There is a real need to welcome all
different kinds of people into all of Dryden. She hopes we can embrace that and find ways to
welcome all different people at different parts of their lives. She was a student renting
apartments in this town herself. When we welcome fo lks then they want to stay and commit
their lives and their energies to the community. Change is hard. She listened to an NPR show
yesterday about housing discrimination. Housing is truly fundamental. If people don’t have a
safe place to live that they can afford, they kind of can’t move on to do anything else to improve
their lives. History of housing discrimination as a structural pattern in this country is
devastating when you really dig into it. One of the conclusions of the speaker was that we ne ed
to eliminate single-family home zoning. That’s a radical proposal and she isn’t sure she would
go so far as to say that for everywhere, but she thinks we need to tilt the playing field a bit so
that we are welcoming all kinds of different people into our community, making sure that we
really are tending to the legitimate and careful environmental protections that we value, but
recognizing that social justice and access to housing are environmental benefits as well.
Laurie Snyder, representing the Varna Community Association (VCA), said they had
unanimously agreed that they want the board to adopt this new Varna density plan. They are
not opposed to having all kinds of people in Varna. They just don’t want to have it become as
dense as some of the developers have proposed as quickly without proper infrastructure,
sidewalks, traffic lights, street lighting. None of that has been put in place. She thinks it’s a
wise reduction. Not eliminating development, but trying to reduce the speed and scale of
development and spread it out more around our county and not so densely in the hamlet of
Varna at this time. A letter was sent to the board by the Varna Community Association
(attached). She also urged that the time for existing development proposals be reduced.
Joseph Haines, member of the VCA board, said he supports the proposed zoning
change with the exception of the grace period for the developers.
Laurie Snyder noted Varna has quite a diverse community already. They have people
of different socio-economic backgrounds living in the area probably in a much denser way than
in many other parts of the nearby county. There is not a majority of homeowners, but a
majority of people who are renting. Some of the buildings are already rental properties. Some
of what were once single-family homes are divided into apartments. There’s a new development
at the corner of Forest Home Drive and one across the way. There’s Hillside Acres and the
development by Game Farm Road. Some of those multi-unit developments have come on
rather quickly and some have been there for many, many years. That speaks to the diversity of
the community. Whether the new proposals would increase the socio-economic diversity of
Varna would be open to question since the units will be quite expensive for the renters and are
geared toward student rentals at maximum dollar per square foot.
Larry Fabbroni shared his history in Varna. He was involved in the Observatory Drive
project which was pretty much two-family homes. They reached a point where the market
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didn’t support continuing. He was in public service for 26 years and worked with the town of
Dryden to get water and sewer out into the town. This is an area that is pretty valuable in
terms of its potential. About ten years ago they proposed a rather large project in Varna.
Ironically it ended up in that zoning that they talked about in 2012. In the meantime, they
went to Lansing. It’s a project that has been developing slowly (48 units a year for 10 years). If
you look at it, you can see what Dryden is never going to get. The point is you are mapping out
a zoning that is never going to work. If you look around town now the biggest problem is that
doing subdivisions, building roads, and developing lots is not happening because of the
expense of the infrastructure. You can almost give away the land now for that kind of density.
If you go for that low density, it will sit as is and nothing will happen. The old buildings will get
older and the empty land will stay empty. If that’s the intention, it will work, but you’ll have
not much of anything happen here.
Janet Morgan, also on the board of the VCA, pointed out the letter from them
contained a statement that they recognize that further development in Varna is inevitable and
even desirable. The problem has been that the current zoning would increase the density
hugely so that there would be no more hamlet of Varna. When she hears people talk about
how this proposal will make the density so low that no one will want to do any thing in Varna,
she doesn’t think that makes any sense at all. The letter also request s that development be
done in a way that enhances the hamlet and that is what they are looking at first and foremost.
Chuck Geisler said as was previously stated this is a difficult issue at a time of major
transition. Lots of macro things are going on around us and consequently for him, as a
resident of the town, positions that he has taken in recent months are changing. He read the
following statement:
The subject of tonight’s hearing are amendments to our zoning law that would, if adopted, hold the
line on hamlet density in keeping with the 2012 Varna Plan. My name appears on an earlier letter to
you requesting that you pass the proposed amendments. I have a reservation about that letter that I
didn’t have two months ago and wish to put it into the record.
My concerns have increasingly turned to housing affordability in Varna—it’s become a national
crisis. The zoning amendments that I and others have supported now seem to me to do little to
advance long-term affordability in the hamlet. Instead, they embrace values and norms that arose in
a community survey in 2011-- slow growth, low densities, a preference for single-family homes, and
open space protection. It is hard to argue against these. Yet I have to wonder how higher density
has gone from being an environmental plus that protects open space and saves housing and
transportation energy to a concept destined for the woodshed. Not all housing density means more
bedroom communities full of students and strangers and bedlam.
For me, the litmus test for each of tonight’s amendments is this: do they enhance housing
accessibility and affordability in Varna? More density can mean greater affordability. The Tompkins
Co. Comprehensive Plan states that the county ‘should be a place where housing is affordable, safe,
energy efficient, and appealing.’1 Dryden’s Comprehensive Plan echos the same in its housing
section: ‘Provide for a variety of affordable, high-quality housing options for all town residents.’ In
the Varna Master Plan (summarized in the 2012 Varna Plan), affordability is the first Action Item.
So for the environmental reasons I mentioned, as well as social diversity and a welcoming character
that most of us want in our communities, we shouldn’t regulate against all forms of density.
Harmonizing the town’s zoning law with the Varna Plan, good as it sounds, could inadvertently
inhibit social diversity in Varna. We could fall prey unintentionally to de facto exclusionary zoning
that keeps housing costs high for moderate and low income citizens of all backgrounds.2
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I would urge two things: 1) that the Planning Board appoint a subcommittee to investigate the
relevance of conventional zoning for Dryden and its hamlets. The Varna Plan refers to “character
zoning” and the Comprehensive Plan speaks of Form-Based Zoning—perhaps these alternative
zoning tools will shift our focus from density to redevelopment that is inclusive, diverse, and
affordable by design. 2) A citizen task force including people for whom housing is currently
unaffordable be empaneled to review our zoning rules through the lens of affordability. Density
isn’t the problem in Varna; lack of social diversity is.
1 Housing Chapter of the Tompkins County Comprehensive Plan (see
https://tompkinscountyny.gov/planning/housing-choices)
2 Greenlining is now understood as active efforts on the part of local officials, nonprofit leaders,
realtors and others with sway over public goods and investment to bring capital, resources, and
amenities to declining/stagnating communities and neighborhoods. It includes housing choices and
affordable options (in contrast to red-lining, which impedes it).
https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1722&context=sjsj
Joe Wilson said he understands that neither the current Trinitas or Maifly are
affordable as the County’s criteria for affordability are applied. Even if this down-zoning were
to impact those two projects, and they may not because of the 60 day extension, they simply
don’t meet the criteria of those who are criticizing the zoning changes because they are not
affordable housing. With regard to the environment and impacts, he reminds everyone that the
Planning Board has already provided recommendations to the Town Board with regard to the
impact of the Trinitas project. There the Planning Board found that there were many large
negative potential environmental impacts that required an EIS.
Bruno Schickel said he would echo many of the comments that Buzz Dolph and Larry
Fabbroni made. When we think of a walkable community in Tompkins County, probably the
most successful sought-after walkable community is Fall Creek. If you look at the lot sizes in
Fall Creek, lots are around a tenth to .13 of an acre and there are between 7 and 10 lots per
acre and duplexes are allowed. They have a density of around 14 to 20 units per acre and in
some areas even more. What this down-zoning proposal is doing with quarter acre lots in the
traditional area is suburban zoning. Larry made the comment that if this goes into effect
nothing is going to happen in Varna and he agrees. You’ll basically kill any development. The
fact is this zoning has been around for five years now and there hasn’t been an explosion in
Varna. It’s been very, very incremental. When you look through the table and what is being
proposed, he thinks it is phenomenally ill-advised. He thinks the board will regret it and that
everything in Varna will stall and in five or ten years you’ll wonder how we got here.
It is interesting that there is one category called multi-family rental detached units and
they have been zeroed out completely. He developed Boiceville Cottages in Brooktondale where
he built 140 units of rental homes on a parcel. It has been very successful, very sought after,
people love living there, and according to this proposal that will be excluded completely and not
allowed anywhere in Varna. He finds that kind of ironic. Everybody says they want a dynamic,
walkable, wonderful community. The only way to do that is to get some density and some
critical mass. With the current plan as it exists today, you have a remote chance of getting
there. With this new zoning, if it is passed, you have no chance at all of getting there. It really
needs to be opposed and voted down.
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He reminded the Town Board that it represents the entire town and has to keep in mind
what is in the best interests of the entire town. The few people who live on Schutt Road don’t
get to decide what the zoning is on Schutt Road, and he doesn’t think the folks in Varna should
get to decide the zoning in Varna because the board needs to keep in the mind the entire town,
not just the folks in Varna. If they want to have their own zoning in Varna, and create a village
and create their own tax system, they have that option. He doesn’t think this should proceed
the way it is set up and encouraged the board to vote no.
Laurie Snyder asked Larry how much of the Lucente project on Warren Road is
designated for Section 8. He said he did n’t know that, but they are some of the most
competitive rents in Ithaca in terms of serving the lower income brackets in Ithaca. L Snyder
said her point is that neither Trinitas nor Maifly has made any effort to make any of the units
at a price point that could be afforded by a small family with limited income. There is some
Section 8 housing in Varna, but it is not in any of the new developments.
Martha Robertson said the matter of infrastructure is really critical. This is one section
of the town where we do have water and sewer. That makes whatever is constructed more
affordable. The builder doesn’t have to put in a well and septic . You don’t have to do one acre
lots to accommodate a septic field like most of the rest of the town. It’s a matter of how you do
it. The zoning board could look at things like the need for four parking spaces per apartment
or a bathroom for each bedroom. Those are the kinds of details that could encourage family
housing instead of student housing if that is an issue you are worried about.
Buzz Dolph – What is being addressed tonight takes care of nothing other than
solidifying a density level. We are formulating a new plan. There are ways of looking at
holistically bringing in INHS and other developers and future business owners to begin to work
together to create a plan. With form-based zoning you initiate that plan. If you start putting a
density at some completely unrealistic level, then he agrees with Larry and Bruno that you
won’t get anyone to come in and do the job. It just doesn’t seem that hard to include
affordability, single-family homes, businesses, or three-story apartment buildings on the main
corridor. Things can happen where you can paint a picture that looks great, but you can’t do
that unless you bring the other pieces of the puzzle in. Those pieces of the puzzle happen to be
developers and various types of people who have the money to make it happen. They also have
to make a profit. He couldn’t make a profit with his houses. He tried to give Varna what Varna
wanted. It’s not doable. There are ways of making it happen. We’re at a point in time where it
can happen, but if you pass this now, are we going to go fight again?
David Weinstein – The problem is we had proposals at a lower density. People were
coming forward. There were three proposals for the corner of Route 366 & Freese Road at a
lower density. Maybe Buzz couldn’t make it work , but that doesn’t mean that there aren’t
other mechanisms to make it work. We have to keep emphasizing that none of the new
building that has happened under this current zoning has brought in affordable housing. It
just hasn’t. It’s a pipe dream that if we keep this high density that we’ll get affordable housing.
It’s not happening. We have to find other mechanisms to do that.
Bruno Schickel – It is a fallacy to say that this won’t have an impact on affordability.
The reality is that Detroit and Japan don’t make cars that really low income can afford. They
buy a used car. When you increase units of housing, it has an impact on the entire market
and it has a direct impact on affordability. There have been a lot of apartments built in
Tompkins County in the last number of years. It has definitely put downward pressure on
rents as well. The idea that if you don’t build brand new affordable housing that som ehow you
aren’t addressing the housing issue and the housing affordability issue is simply not true.
Supv Leifer said the County’s 239 review has not been received yet so we cannot close
the public hearing or vote tonight. The hearing will be continued at the August business
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meeting. Comments may be submitted in writing prior to that continuation should people wish
to do so.
Cl Lamb thanked the people who commented. It is great to have this level of discussion
and hear from all angles on this. Cl Servoss agrees.
Cl Skaley said form-based zoning and character zoning are in the Varna plan. Those
are concepts that were foreign to the Planning Board. There was no way to move in that way
and they decided to stick with the current zoning and try to modify it. He has been heavily
engaged with INHS and they would very much like to build in Varna, but t hey need access to
land and there is no land available at this point in time. He has no disagreement with the idea
that form-based zoning could create something that would be better than the Euclidian zoning
that we are currently familiar with. The pressures that we are exhibiting are promoting
projects that are not going to result in affordability. In fact, the Trinitas proposal would
remove a considerable amount of affordable housing that currently exists. These areas have
housed people with lower incomes for a number of years and would not be replaced with
affordable units. This conversation is good with regard to both future planning and how to
encourage the kind of development that we desire as opposed to something that is handed to
us. He has mentioned in the past that the town might work with current landowners to
develop an RFP or RFQ to solicit the type of developments that we would prefer and would be
compatible within the community.
Supv Leifer said that Cl Skaley has been working on an 8-million-dollar upgrade to the
water and sewer infrastructure in Varna. The responsibility of payment of that is on the
property owners in the consolidated water and sewer districts. One of the proposed projects
had offered to contribute close to 3 million dollars toward those upgrades. That is something
to keep in mind no matter what happens with this proposed amendment. He said if INHS is
actually willing to build in Varna, they need to start moving on that and making their own
deals with landowners. This is something they do elsewhere and are free to talk with any
landowner they want. It is an empty promise in his opinion.
Hopefully there will be more comments and people who we haven’t heard from before
will comment at the August meeting. The date, time and method of access will be noticed.
HIGHWAY/DPW DEPARTMENT
Supv Leifer reported the department is doing summer road maintenance.
PLANNING DEPARTMENT
R Burger reported the monthly report has been submitted (attached). The Planning
Board met last night and the survey has been finalized. Postcards will go out to 6000
households in the town. Next month there will be two special use permits on the agenda. One
is the Borger Station for two new turbines and the other is for equipment shed s on Route 13 to
support the FirstLight fiber network.
The solar project at 2150 Dryden Road is now active in construction installing the
arrays. They have finally designed the interconnect so there will be a site plan amendment to
come before the Town Board at the August 20 meeting to look at the interconnect where they
have three basic feeds coming out of the field coming into an array of poles along George Road.
They have some renderings of the visual impact from various angles. That will be put on the
website in the next few days.
RECREATION DEPARTMENT
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Supv Leifer announced that Marty Conger, Recreation Director, has resigned. Andrew
Pierce gave an update. A Pierce has adjusted his hours for the remainder of July and August
to be from noon to 7:30 p.m. There are some evening programs on Tuesdays and Thursdays.
The summer music series has started at the VFW. He is trying to encourage people to get out
and play pickleball at Montgomery Park and join him for a bike ride on the trail on We dnesday
evenings. They were working with Groton on drive in movies, and there will be two outdoor
movies at the Dryden Fire Department on July 23 and August 13. Groton was unable to fulfill
their commitment, so in order to get the deal on the movies he has been working with local
businesses. Bailey Place has committed to donate $1,000 toward the event. Dryden Mutual is
looking into helping out and the Dryden Youth Opportunity Fund will donate $600. It looks
like they’ll be able to host four movie events, drive-in style behind the Dryden Fire Department.
Additional dates are August 6 and August 27. The department is moving forward as best it can
at this point. He reported that the lacrosse program is complying with direction regarding
masks and hand sanitizing and such.
The first movie (in cooperation with the Southworth Library) is a book -to-movie drive-in.
It will be Dr. Seuss’s The Lorax and the library will be giving away five of the books. August 13
will be The Greatest Showman. August 6 and 27 movies have not been decided and A Pierce
said suggestions would be considered.
COUNTY BRIEFING
Martha Robertson said that after a long run of one or no positive Covid cases in the
county, we’ve had an uptick. The Health Department reports that some of those cases were
related to 4th of July parties or out of state travelers. They were not related to students coming
back. The county is starting to talk about limiting gatherings to less than the state
requirement and requiring masks. If they wanted to do something more stringent it would
have to be approved by the state Health Department. The number to call if someone is
concerned about a gathering locally that is not respecting the social distancing requirements or
wearing masks is 273-8000.
With respect to the upcoming budget, there is an early indication that the next quarter
of sales tax receipts will be down about 30% overall. It seems like the Federal government is
doing nothing really fast and not providing funding to do anything saf ely. We don’t know if
there will be a next Covid bill. County staff are working on the proposed budget for 2021.
There will be some hard choices to make.
Cl Lamb said he believes that returning students are getting more direction and
coaching than the average resident here about appropriate Covid behavior.
Cl Leifer said about two weeks ago the Federal government wouldn’t cover testing that
wasn’t deemed medically necessary. The state is trying to take care of that. What Cornell is
doing will be more extensive community testing than will be offered by the state or the county
because they feel the responsibility to do it.
The Health Department is working closely with the school districts on reopening
strategies. The discussion is on the County’s YouTube channel.
(https://www.youtube.com/watch?v=DztgAz_96EQ)
DISCUSSION ITEMS/UPDATES
Cl Sparling explained that the town has received two certificates, one from
Congressman Reed and one from Assemblyman Seward, recognizing the Town Board’s service
and contribution in establishing an emergency medical services training at Dryden High
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School. Patrick Brunner brought this idea to the town board in December and asked the board
to provide one-time funding to start the program. He believes the board should recognize Mr
Brunner’s efforts and service to the community because he did address a defi ciency in civil
service and helped educate our young people. Cl Sparling has prepared a resolution for
consideration.
RESOLUTION #95 (2020) - RESOLUTION FOR THE COMMENDATION OF
PATRICK BRUNNER
Cl Sparling offered the following resolution and asked for its adoption:
WHEREAS, there are a lack of Emergency Medical Responders (EMRs) in the Town of Dryden;
and
WHEREAS, Patrick Brunner identified the need for training members of the community to
become Emergency Medical Responders; and
WHEREAS, Dryden High School students were offered the opportunity to take an Emergency
Medical Responders course leading to New York State certification; and
WHEREAS, this course also sought to instill a commitment to service to our community; and
WHEREAS, having additional EMR-trained individuals will make our community safer overall;
now therefore be it
RESOLVED, that the Town Board of Dryden does hereby commend Patrick Brunner for his
service to the community through a creative initiative to engage young people in solving a
critical need facing the Town.
2nd Supv Leifer
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RAIL TRAIL – Game Farm Area
Cl Lamb reported they have reached a solution with DEC for access through the Game
Farm for the Rail Trail. The current stewardship agreement to access the property did not
allow us to improve the trestles. It is still DEC’s responsibility and they wanted us to rebuild
the trestle bridge to their standards rather than let us take responsibility. That would have
been a deal breaker for us since we don’t have the funds to do that. We wanted the right -of-
way through the property and the ability to repair the trestle to our own engineer’s standards.
We need to resolve that and the long-term right-of-way status in order to spend down our State
Parks money. NYS Parks Department would not let us spend the money they had awarded to
us because we did not have a long-term right-of-way.
Cl Lamb has been communicating with the Chief of the Wildlife Bureau, Jim Farquhar,
for several years and recently Mr Farquhar recommended a Voluntary Use and Occupancy
Permit. He expects that it will be a 50-year term and contain the same specifications used for
the rest of the trail easements (30’ from either side of the centerline). Mr Farquhar has said he
will personally stamp the plans for the trestles that TG Miller and others have indicated we
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need to use to make the infrastructure safe. The hope is to have the agreement finalized in the
next 4-6 weeks. This will mean that solutions to the three biggest hurdles in this stretch of the
trail have been conquered. Board members thanked Cl Lamb for his efforts in this rega rd.
There is still an agreement to be signed between the town and the Town of Ithaca and
the County for the crossing at Game Farm Road.
CENSUS TRAINING
Census training will take place in the court room at town hall Friday July 31 and
August 2, 3 and 4, mornings until 1:00 p.m. The cleaners will come in and clean the space
used prior to Court on the days it will be held.
BOOKKEEPER POSITION
A number of candidates have been interviewed and the top three will be discussed
during executive session. It appears that the starting date for any of them will be the first or
second week of August. The person who was going to contract for the interim has not been
approved by the State for out of State-service work and so has been unable to do anything for
us yet.
FUTURE MEETING PLANS
The Executive Order authorizing virtual meetings has been extended until August 6,
2020. When in-person meetings are permitted, the board will need to discuss how to make it
happen with social distancing protocols in place. Zoom may continue to be used in
combination.
PAYMENT OUTSIDE OF ABSTRACT
Two vouchers were paperclipped together last week and the voucher un derneath was
not paid. Supv Leifer asked the board to authorize payment outside the abstract. The
payment was for a performance at the VFW music series, and they have already performed.
RESOLUTION #96 (2020) – AUTHORIZE PAYMENT OUTSIDE THE ABSTRACT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes a payment outside the Abstract to
John Diamond in the amount of $300.00 for a music performance.
2nd Cl Servoss
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
BUDGET CALENDAR & PROCESS
Supv Leifer shared the attached budget calendar and talked about the budget process.
He said since the town did the sales tax offset, we don’t have the challenge that the county
does making their budget. The County will need to make up its deficit (currently estimated at
18 million dollars) through a combination of cuts and tax increases. The last thing we want to
do next year is raise the tax rate. That doesn’t mean that the amount raised by the levy won’t
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increase a bit with increased value. The tax cap is about 1.56%. Supv Leifer said department
spending next year should not go up. We currently have a lot of grants with match
requirements that need to be considered in the budget and the water/sewer project is coming
up as well as the broadband project. The project that will have the biggest impact town-wide is
the broadband one and it will generate revenue for the town when it i s paid off. Supv Leifer
said that will be a priority for him when it comes to local match money. There is also the
streambank stabilization grant that has a local match. The local match money will need to be
calculated accurately for budgeting purposes.
The board can expect additional meetings (budget workshops) in September and
October. Department heads should be given direction prior to submitting their budget
requests. It looks like the town will only be getting 80% of the CHIPS funding and 80% or less
of AIM funding. Mortgage tax is hard to predict though housing sales seem to be fairly strong.
It may not be the year for large capital expenses. Department heads can expect direction in
August.
REC DEPT STAFFING
There was some discussion about staffing in the Recreation Department after the
resignation of the Director (fill it or not, full or part time) and the current limitations on
programs. Andrew Pierce is currently performing the duties of the Director. Staffing will be
determined in the budget process. Cl Servoss suggested an out-of-title pay increase while this
is sorted out. The HR committee will meet with members of DRYC to discuss the vacancy and
configuration of the department.
Cl Servoss suggested that Andrew Pierce receive out of title pay (the difference between
his current pay rate and what the Recreation Director was making) until the board decides how
to move forward. After discussion, the board passed the following resolution.
RESOLUTION #97 (2020) – AUTHORIZE OUT-OF-TITLE PAY – A PIERCE
Cl Servoss offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes an hourly rate increase for Andrew
Pierce of the amount of the difference between his current hourly ra te and the previous
Recreation Director’s hourly rate effective July 6, 2020, and for as long as he remains working
out-of-title and pending final determination for the coming fiscal year.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer noted that the former Director did recommend that a second person be
hired for the department. The board will decide whether the position is part -time or full time.
LOCAL LAW TO OVERRIDE THE TAX LEVY CAP
Supv Leifer introduced the following draft local law to override the tax levy cap and a
public hearing was scheduled for August 20 at 6:30. Atty Sokoni will review it and provide a
final draft prior to the public hearing.
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Section 1. Legislative Intent: It is the intent of this local law to override the limit on the
amount of real property taxes that may be levied by the Town of Dryden, Co unty of Tompkins
pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of
Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any
other special or improvement district, and Town improvemen ts provided pursuant to Town Law
Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2021 and
ending December 31, 2021 that requires a real property tax levy in excess of the “tax levy limit”
as defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit
by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town
Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County of
Tompkins is hereby authorized to adopt a budget for the fiscal year 2021 that requires a real
property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local
Law or the application thereof to any person, firm or corporation, or circumstance, shall be
adjusted by any court of competent jurisdiction t o be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its
application to the person, individual, firm or corporation or circumstance, directly involved in
the controversy in which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with the
Secretary of State
Passage of this local law is not indicative of an intent to override the tax cap. This is a
cautionary measure.
POLICY AGAINST HARASSMENT AND DISCRIMINATION
Cl Servoss explained that since the town adopted this policy in October of 2019, NYMIR
has notified us of changes that needed to be approved in the policy by August 12. She has
made the changes in the policy and provided the updated document to the board, together with
a proposed resolution for approval.
RESOLUTION #98 (2020) – ADOPTION OF AMENDMENTS TO POLICY AGAINST
DISCRIMINATION AND HARASSMENT
Cl Servoss offered the following resolution and asked for its adoption:
WHEREAS, the Town Board of the Town of Dryden adopted the Policy Against Discrimination
and Harassment on October 17, 2019; and
WHEREAS, New York State updated its anti-discrimination and anti-harassment laws,
requiring municipalities to update their own policies to incorporate the law changes no later
than August 12, 2020; and
WHEREAS, the Town Board has reviewed the changes to the laws and incorporated the
amendments into the previously adopted policy; now therefore be it
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RESOLVED, That the Town Board of the Town of Dryden hereby adopts the attached Policy
Against Discrimination and Harassment as amended and requires this policy to become
effective immediately.
2nd Cl Leifer
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
ADVISORY BOARD UPDATES
Planning Board – Is working on the comp plan update.
Conservation Board – Spent most of its last meeting talking about the comp plan
update.
Safety & Preparedness Committee – Dana Magnuson has been communicating with
Dominion about their project scheduled for a hearing next month.
Rail Trail Task Force – Update provided earlier this evening.
Ag Advisory Committee – Has not met.
Broadband Committee – Will meet tomorrow. The Zoom link is on the town’s website.
They have been looking into other possible funding sources.
Recreation & Youth Commission – There needs to be some communication with them
about the Recreation Director vacancy. Updating the Recreation Master Plan is on their list of
things to work on.
On motion made, seconded and unanimously carried, the board moved into executive
session at 8:32 p.m. to receive advice of legal counsel and to discuss the employment history of
particular individuals.
No action was taken, and the meeting was adjourned at 9:21 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk