HomeMy WebLinkAbout2021-11-18TB 11-18-21
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TOWN OF DRYDEN
TOWN BOARD MEETING
November 18, 2021
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Cl Loren Sparling, Cl Leonardo Vargas-Mendez
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Planning Director
Supv Leifer opened the meeting at 6:05 p.m. Board members and audience recited the
pledge of allegiance.
APPROVE MEETING MINUTES
Cl Sparling provided some edits.
RESOLUTION #188 (2021) – APPROVE MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of October 7,
October 14 and October 21, 2021.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING
17 HALL WOODS ROAD
SITE PLAN REVIEW & SPECIAL USE PERMIT APPLICATION
Supv Leifer opened the public hearing at 6:07 p.m. No SEQR required. Ray Burger
explained that this is a reuse of facility at 17 Hall Road, the old VanGuard Press building. A
new business, Knickerbocker Bed Frame Company, is coming into the building. It is a new use
that requires a Special Use Permit and site plan review hearing before Town Board. The
Planning Board reviewed it and made recommendations (those minutes are on the web). It is
exempt under SEQR. The project also underwent review by Tompkins County, the standard
239 review. The County recommended the applicant document consideration of the County’s
four energy elements in new construction guidance and the applicant has responded to that
request. Owner, Rich Polevoy, and representatives from his team at Hunt Engineers and
LeChase are present. The board heard from the applicant last month and there are no changes
from last month.
Rich Polevoy, owner of the business, said it has been gratifying to see how warm the
welcome has been from the government agencies and the neighbors he has met and
communicated with. They are comfortable coming here; know they made the right decision
and are pleased to be part of the community.
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Questions & Comments from the public:
• Will there be any painting, specifically powder coating versus an ionization process? Yes,
there will be powder coating.
• Will ovens be involved? Yes.
• How will they be heated? Not determined yet; they are working with a company on a
brand-new system. The equipment is used inside. Waste from the process is contained
and recycled.
• How much and frequency of traffic? They get trucks during normal business hours, rarely
after 5:00 pm. 3-5 inbound and outbound.
• Number of employees and hours? – 80 employees will be spread over three shifts with the
bulk of them working normal working hours. They keep the equipment running 24/7 with
smaller crews on the other shifts to save energy. Expects the impact will be far less intense
than the printing business. Very rare to have a weekend delivery.
• Noise – They won’t need the noisy pollution control system there currently. It will be
dismantled and removed. They are conscious of the neighbors and will try to put any
presses/noise away from the neighbors. Their machines make very little noise, and the
building will buffer a lot of the noise.
• Concern about the sidewalks, bicycles, e-bikes and those travelling on Hall Woods Road and
parking. How will this be mitigated and not have the rail trail impac t the business? Higher
liability risk for the business. The sidewalk reference in the application was for repair to
existing sidewalks and making them ADA accessible, not putting new sidewalks along the
roadway.
• Concern for the protection of the industrial zone and safety of the public.
• E-bikes may be coming through the industrial zone. People may exit the trail the n travel
through the park. There may be an impact on safety and on the business. Will the town
install sidewalks? The question is not applicable to the special use permit.
• Has the applicant been approached by the Rail Trail Task Force to allow trail users to park in
the business parking area? No.
• There is concern for increased traffic in the area and there is already a parking problem along
Hall Road. Applicant should not want to add more traffic than its employees and trucks.
• There are 173 parking spaces on the property and other buildings have parki ng for their own
purposes. There should be no added parking on the surrounding roads.
• The town has instituted the stretch code. Will the applicant have to install electric vehicle
charging stations? Applicant will comply with the stretch code.
• Knickerbocker was welcomed to the community and the speaker added it is great that things
are still being made in America.
The public hearing was closed at 6:27 p.m. and the draft resolution was reviewed. With
respect to a comment about noise, Supv Leifer noted that the town does have a noise ordinance
that applies to commercial properties.
RESOLUTION #189 (2021) - Approving Site Plan and Special Use Permit for a furniture
manufacturing facility at 17 Hall Road, Tax Parcel 52.-1-4.32
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. Knickerbocker Bed Frame Company, Richard Polevoy, owner, has applied for a Special
Use Permit (SUP) and site plan review to manufacture furniture in an existing building at
17 Hall Road, Tax parcel 52.-1-4.32; and
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B. This site is located in the Light Industrial/Office zoning district and was previously used
for a printing business, Vanguard Press; and
C. An application, sketch plan, and short EAF have been submitted, and
D. The Town Planning Department considers the application complete and in conformance
with the requirements of the Code of the Town of Dryden (Code) §270-5.2, §270-6.1, §270-
11.2, §270-12.1 and §270-13.3, and
E. The Town Planning Board reviewed the site plan as originally submitted and made
recommendations at their October 28, 2021 meeting and these have been considered by the
Board, and
F. The Tompkins County Planning Department has reviewed the application pursuant §239
–l, -m, and –n of the New York State General Municipal Law, and
G. In a letter dated November 10, 2021, the Tompkins County Department of Planning and
Sustainability recommended that the applicant document that they have considered the
four energy elements for new construction projects outlined in the Tompkins County Energy
Recommendations for New Construction (2018) , and
H. The applicant provided that energy documentation in a letter dated November 16, 2021,
and
I. A public hearing was held on November 18, 2021 with public comments registered in the
meeting minutes and considered by the Board, 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
finds that this reuse of a commercial structure is listed as a Type II action under §617.5
(c)(18) and is therefore not subject to review under this Part; and
K. The Board has reviewed this application relative to the considerations and standards
found in Code §270-11.4 for site plan review and §270-12.2 and 13.3 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 October 19, 2021 and amended October 27, 2021 as site plan for 2171 Dryden Road,
conditioned on the following:
a. The Varna Fire Department will be invited to bring their apparatus to the building to
check that they have full access around the perimeter and tour the facility so that they may
pre-plan their response.
2. The Town Board hereby finds that the considerations for approval of the requested
Special Use Permit amendment listed in Code §270-12.2 and 13.3 have been met,
specifically that:
a. The proposed use is compatible with the other permitted uses in the Light
Industrial/Office district and compatible with the purpose of this district as Industry-
Manufacturing is an allowed use in this district and this parcel is located along the
Route 13 corridor with other industrial and commercial businesses;
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b. The proposed use will be visually compatible with adjoining properties and with the
natural and manmade environment, due to the screening provided by the natural
vegetation and its location being adjacent to other large metal-sided buildings along
Hall Road;
c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate .
Code §270-9.3 (19) requires 1 parking spaces for every two employees so the existing
173 parking spaces are more than adequate for the 60 employees anticipated. Seven
loading docks and a road around the perimeter of the building are also more than
adequate for the anticipated traffic. There is no additional demand for sewer and water
beyond the original design;
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 in the application and the Short
Environmental Assessment Form;
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
parking lot and landscaping is all slated for renewal and the building façade will also be
renovated;
g. It appears that the proposed use will not produce conditions that are noxious, offensive
or hazardous to the health, safety or general welfare of the community.
3. The Town Board, finding that the applicant is in compliance with all other provisions of the
Code of the Town of Dryden and other applicable ordinances, approves a Special Use Permit
amendment for the furniture manufacturing facility at 17 Hall 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 Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING (continued)
SCOTTIES AUTO REPAIR
2171 DRYDEN ROAD
AMEND SPECIAL USE PERMIT
Supv Leifer said this matter was continued from last month. R Burger explained that
the County’s 239 review recommended a 50’ buffer and that impacted the ability to utilize that
area east of the business building. Applicant has readjusted their site plan and now proposes
to use the south side of the building for parking (behind the building) that already has a lot of
natural screening is already in place. The site plan was displayed and explained. The
western access is a dedicated drive to the private residence. The o ther drive will be used for
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the business. There will be 14 spaces in front, 9 beside and 26 behind. Everything on site will
be operable and awaiting repair.
Questions and Comments:
• Is there a limit on how long a car can be on a lot? No.
• There is concern about the number of used tires on site. Applicant explained the struggle in
getting them hauled away. They just got rid of 2,000 tires. On average this time of year
they do about 240 tires a week. There are still more tires to be disposed of. As a certified
repair shop, they are obligated to take people’s recycled oil, batteries and tires. They dispose
of that legitimately.
• Are there cars on site without plates? Yes, some from dealers and there is an old Camaro
that is being restored and is not registered yet.
• Total number of cars behind the fence? There is a fence between the business and the house.
They are adding space behind the business for cars.
• Happy they are getting rid of cars in the front of the building.
• By law a business cannot turn away tires, used oil or batteries.
• A neighbor constantly sees Scotties getting rid of cars and tires; asked the board to approve
this amendment.
Supv Leifer closed the public hearing at 6:48 p.m. and performed SEQR review for the
project.
RESOLUTION #190 (2021) - NEG SEQR DEC - APPLICATION TO AMEND THE SPECIAL
USE PERMIT AND SITE PLAN APPROVAL FOR AN ADDITIONAL PARKING LOT AT 2171
DRYDEN ROAD, TAX PARCELS 47.-1-1.1 and 1.37
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves consideration of the application of Scott and Judith Adams,
Scotties Auto Repair, to amend the Special Use Permit and Site Plan Approval for the auto
repair garage located at 2171 Dryden Road, tax parcels 47.-1-1.1 and 1.37 by adding more
parking on the adjoining lot; and
B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden
is the lead agency for the purposes of uncoordinated environmental review in connection with
approval by the Town; and
C. The Town Board of the Town of Dryden, in performing the lead agency function for its
independent and uncoordinated environmental review in accordance with Article 8 of SEQRA,
(i) thoroughly reviewed the Short Environmental Assessment Form (“EAF”), Part I and any and
all other documents prepared and submitted with respect to this proposed action and its
environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental
concern to determine if the proposed action may have a significant adverse impact on the
environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the
EAF, Part 2.
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, Part I
and any and all other documents prepared and submitted with respect to this proposed action
and its environmental review, (ii) its thorough review of the potential relevant areas of
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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 2, 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 deter mination of
significance shall be incorporated by reference in this Resolution.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #191 (2021) - Approving Site Plan and Special Use Permit Amendment for
an Additional Parking Lot at 2171 Dryden Road, Tax Parcels 47.-1-1.1 and 1.37
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
L. Scott and Judith Adams, dba Scotties Auto Repair, have applied to amend their Special
Use Permit (SUP) and site plan to add a 14 car parking lot on Tax parcel 47.-1-1.37, the
adjacent parcel to the east and south of the existing auto repair business on Tax Parcel 47.-
1-1.1 with address of 2171 Dryden Road; and
M. This action is meant to remedy existing violations, and
N. The original SUP and site plan was approved by the Town Board (Board) on February 3,
1999; and
O. An application, sketch plan, and short EAF have been submitted with an amended
application submitted on November 17, 2021, and
P. The Town Planning Department considers the application complete and in conformance
with the requirements of the Code of the Town of Dryden (Code) §270-5.2, §270-6.1, §270-
11.2 and §270-12.1, and
Q. A public hearing was held on October 21, 2021 and continued to November 18, 2021
with public comments registered in the meeting minutes and considered by the Board, and
R. The Tompkins County Planning Department has reviewed the application pursuant §239
–l, -m, and –n of the New York State General Municipal Law, and
S. In a letter dated October 8, 2021, the Tompkins County Department of Planning and
Sustainability recommended that a 50-foot natural buffer be maintained between the
parking and the stream on the eastern edge of the property, and
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T.The amendments submitted on November 17, 2021 move the parking area out of the 50
foot buffer recommended by Tompkins County, and
U. The Town Planning Board reviewed the site plan and made recommendations at their
September 23, 2021 meeting and these have been considered by the Board, and
V. 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 October 21, 2021, 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
W. The Board has reviewed this application relative to the considerations and standards
found in Code §270-11.4 for site plan review and §270-12.2 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 August 12, 2021 and amended on November 17, 2021 as site plan for 2171 Dryden
Road, conditioned on the following:
a. A simple Erosion and Sediment Control plan shall be developed, approved and
implemented prior to construction activity.
b. This permit exists only so long as both tax parcel 47.-1-1.1 and 47.-1-1.37 are owned by
the same entity and operate as one business.
c. Access to western driveway on tax parcel 47.-1-1.2 shall be reduced to 12 foot wide and
used for the private residence only. Some barricade, cones or plastic chain should be used
as a temporary measure.
d. The vehicles on the lot shall be registered or certified as operable to comply with Code.
e. Vehicles are only allowed to be parked in the 37 spaces shown on the site plan as
amended.
f. Screening vegetation shown on site plan shall be maintained at a height and density
sufficient to substantially screen the vehicles from Route 13.
g. Work on the parking area is to be completed by May 31, 2022.
2. The Town Board hereby finds that the considerations for approval of the requested Special
Use Permit amendment listed in Code Section 270-12.2 have been met, specifically that:
a. The proposed use is compatible with the other permitted uses in the Mixed Use
Commercial district and compatible with the purpose of this district as automotive repair
garage is an allowed use in this district and this parcel is located along the Route 13
corridor with other commercial businesses;
b. The proposed use will be visually compatible with adjoining properties and with the
natural and manmade environment, due to the screening provided by the natural
vegetation buffer on the eastern border of the parking lot. The private residence to the west
is the business owner’s residence;
c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate.
Code Section 270-13.10 provides for 14 parking spaces for visitors and employees and
requires other vehicles awaiting repair to be parked in rear or side yards. For this thriving
repair business the 37 total parking spaces shown on the site plan is justified. There will
be no sidewalk along Route 13 as there is no other sidewalk to connect to. There is no
additional demand for sewer and water;
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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 in the Short Environmental Assessment Form;
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. This includes the
condition in the original permit that restricts hours of operation to 7:00 am to 6:00 p m
Monday-Friday;
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 new
parking lot is screened from the roadway.
3. The Town Board, finding that the applicant is in compliance with all other provisions of the
Code of the Town of Dryden and other applicable ordinances, approves a Special Use Permit
amendment for the automotive repair garage at 2171 Dryden Road with the Town of Dryden
Standard Conditions of Approval as amended August 14, 2008.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Tompkins County Elected Officials Call Notes – It was a brief meeting. There is an increase
in Covid numbers. The CDC will probably make a revised recommendation about masks as
vaccination numbers increase for children 5-11 years old. Masks are currently recommended
for indoor events.
HIGHWAY/DPW
No report.
PLANNING DEPARTMENT
The monthly report is on web.
COUNTY BRIEFING
Martha Robertson congratulated those who won the recent election. Mike Lane is
leading Tom Corey by 2 votes. She thanked all who ran for public office and those who voted
and volunteered.
Vaccinations for kids 5-11 are available and there will be a clinic tomorrow at The
Shops at Ithaca Mall from 12 to 7 p.m. Walk-ins are welcome. This means they can be fully
vaccinated by Christmas, a high transmission time. The public can get vaccinated or booster
shots at pharmacies. Call 211 for questions or transportation.
The County passed its budget Tuesday night. They applied fund balance to cover the
tax increase, so there is a zero percent levy increase for next year.
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They are trying to move the trail crossing at Game Farm Road along. Cl Skaley noted
parking for trails is not adequate and Cl Lamb said that is on top of the agenda for the Rail
Trail Task Force.
DISCUSSION/ACTION ITEMS
Broadband Purchases – Supv Leifer explained the Broadband Committee has
recommended purchases for central office infrastructure and the app that will be used by
customers to sign up and for customer service issues. The town will be spending ARP funds
for this.
RESOLUTION #192 (2021) – AUTHORIZE PURCHASE FROM GRAYBAR
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves and authorizes the purchase of
broadband supplies and materials for central office as detailed in Graybar Quote #0239 41332
in the amount of $50,207.96.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #193 (2021) – AUTHORIZE PURCHASE FROM GRAYBAR
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves and authorizes the purchase of
broadband supplies and materials as detailed in Graybar Quote #0239241326 Rev-1 in the
amount of $616,882.15.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
The committee recommends Proposal #2 from Plume for the app that customers will use
to control broadband options in their homes and enhance the customer experience. Customer
service is a priority, and they want to be more reliable and responsive than current providers.
RESOLUTION #194 (2021) – APPROVE PROPOSAL FROM PLUME
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves proposal #2 from Plume to deploy to
4,000 locations over 10 years at a cost not to exceed $320,544.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
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Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
NYS Low Income Household Water Assistance Program – Supv Leifer explained that
this is a program that came out of the CARES Act. Lower income residents can apply for
assistance with water bills and if they qualify, payment will be made directly to the town. The
board has reviewed the agreement.
RESOLUTION #195 (2021) – AUTHORIZE VENDOR AGREEMENT – WATER ASSISTANCE
PROGRAM
Cl Skaley offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the vendor agreement for the NYS
Low Income Household Water Assistance Program and authorizes the Supervisor to execute
said agreement.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
WIIA Grant Applications – After approval, the consultant will submit grant
applications (one for water and one for sewer) to the Environmental Facilities Corporation. If
successful, they would supply up to 60% of the cost of the water project and up to 25% of the
cost of the sewer project.
RESOLUTION #196 (2021) – AUTHORIZE WIIA WATER GRANT APPLICATION
Cl Skaley offered the following resolution and asked for its adoption:
Whereas, the Town of Dryden contracted with Municipal Solutions to prepare a grant
application for NYS Environmental Facilities Corporation to pay for a portion of the Water
Capital Project.
RESOLVED, that the Supervisor is hereby granted authority to sign necessary
documents so as to complete the application to NYS Environmental Facilities Corporation for
NYS Water Infrastructure Improvement Act (WIIA) for the Water Capital Project.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #196 (2021) – AUTHORIZE WIIA SEWER GRANT APPLICATION
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Cl Skaley offered the following resolution and asked for its adoption:
Whereas, the Town of Dryden contracted with Municipal Solutions to prepare a grant
application for NYS Environmental Facilities Corporation to pay for a portion of the Sewer
Capital Project.
RESOLVED, that the Supervisor is hereby granted authority to sign necessary
documents so as to complete the application to NYS Environmental Facilities Corporation for
NYS Water Infrastructure Improvement Act (WIIA) for the Sewer Capital Project.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Approve IT Support Contract – The board has reviewed and discussed responses to the
town’s RFP for IT support services, chosen to go with Plan First Technologies, and reviewed
their contract. The contract will begin January 1, 2022, at a cost of $1,344 per month.
RESOLUTION #198 (2021) – AUTHORIZE CONTRACT WITH PLAN FIRST TECHNOLOGIES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board approves a contract with Plan First Technologies for
IT services for a period of one year starting January 1, 2022, at a cost of $1,344.00 per month,
and the Town Supervisor is authorized to execute the contract.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Land Acquisition from Cornelius - Atty Walsh explained that Bernard Cornelius has offered a
donation of 22 acres of property behind town hall to the town. He would reserve an easement
to serve his remaining lands from the easterly terminus of Neptune Drive in order to have legal
access to the highway. Town would acquire the 60’ leg to Route 392 on the east side of current
town lands. In the event the road was required to be constructed, the town would construct
that road. An alternative would be a road due north from what the town alrea dy has and
giving Cornelius legal access that way. The town has authority under to do this under two
sections of Town Law. Town Law §64-2 requires that if the town grants a right (easement) in
real property, it is subject to petition and permissive referendum. The second part is the grant
itself, and there Town Law specifically provides the town may accept a donation of land or
property, subject to any conditions the donor would fix on that. That is not subject to
referendum. In this case Mr. Cornelius has made not requirement for a particular use of the
lands, giving it to the town for public use so the town could use if for recreational purposes or
other any other thing that it thought was appropriate.
We have a description from an older survey and have TG Miller preparing a new survey
map and in hand by around December 10. That would serve as the basis for drawing the deed
and adjustment of the line. At this point the town can say we wish to invoke this and publish
notice of the proposed grant of the easement to Cornelius. That would start the clock on which
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to lodge a petition for a referendum. Assuming this moves forward, Mr. Cornelius has agreed
to not only donate the land, but split the cost of the survey with the town and the conveyance
expenses.
Cl Lamb said this is a generous act by Mr. Cornelius. It allows to the town to achieve a
lot of goals including more recreational fields and an accessway for TC3 students to the Village.
He wants to give back to the town that’s been his home for a long time.
S Price said she is opposed to the town being given property because it will no longer be
taxed. She thinks it should be taken to a vote.
Cl Lamb said Cornelius plans to develop portions of the remaining property that access
is allowed to and that will add to the tax base.
Cl Leifer said it is a good trade off because much of the community has been asking for
things like ball fields behind the town hall.
RESOLUTION #199 (2021) – ACCEPTANCE OF PROPERTY GIFT AND
GRANT OF RIGHT-OF-WAY
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, Bernard Cornelius is the owner premises located in the Village of Dryden, County
of Tompkins and State of New York, consisting of approximately 46.81 acres of unimproved
land and bearing tax parcel No. 10.-1-3; and
WHEREAS, highway access to said premises now is afforded by a 60-foot wide strip of land
running northerly from East Main Street a/k/a NYS Route 392 parallel to and abutting the
easterly line of lands owned by the Town of Dryden bearing tax parcel Nos. 11.-1-8.4 and 11.-
1-8.5; and
WHEREAS, said Cornelius premises abut on the south and on the west lands owned by the
Town of Dryden and used for recreation purposes; and
WHEREAS, Mr. Cornelius has generously offered to gift to the Town of Dryden for public
purposes the southern half of said Cornelius premises, consisting of approximately 22 acres of
land (the “Cornelius Gift”) conditioned upon the grant to Cornelius of a right -of-way over
adjoining lands of the Town of Dryden; and
WHEREAS, the gift and conveyance of the Cornelius Gift to the Town of Dryden would leave
landlocked the northern half of the Cornelius premises; and
WHEREAS, the acquisition of the Cornelius Gift would substantially enhance the ability of the
Town of Dryden to offer recreational programs to the residents of the T own of Dryden;
NOW, IT IS HEREBY RESOLVED:
1. Subject to a permissive referendum as provided by Town Law § 64(2), the Town of
Dryden shall grant to Bernard Cornelius his successors and assigns a permanent right -
of-way 70 feet in width across lands of the Town of Dryden, running northeasterly from
the easterly terminus of Neptune Drive to the southwesterly corner of lands remaining
in Cornelius following the completion of conveyance to the Town of Dryden of the
Cornelius Gift;
2. Said right-of-way is to be conveyed unimproved, with full rights in Cornelius and in the
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Town of Dryden to pave or otherwise improve said right -of-way as might serve their
respective interests, neither party being under any obligation to do so, at the full cost
and expense of the party undertaking any such improvements.
3. Pursuant to Town Law § 64(8) the Town of Dryden accepts the gift to the Town of
Dryden of the Cornelius Gift, said parcel to be used by the Town for any public purpose.
4. The costs of conveyancing of the Cornelius Gift and the said right-of-way, including
abstracting and surveying, to be shared equally by the two parties, but the expenses of
legal counsel to each party to be borne by the parties themselves.
5. The said conveyance of the right-of-way and acceptance of the Cornelius Gift shall be
effected as soon as feasible following the expiration of the period during which a petition
for permissive referendum may be filed pursuant to Town Law Article 7 without such a
petition having been lodged or, in the event of the filing of such petition, following the
approval by the voters of the Town of Dryden of the proposed conveyance of the said
right-of-way.
5. The Supervisor of the Town of Dryden is authorized and directed to execute and deliver
as the act of the Town of Dryden a grant of right-of way and such other documents as
may be required to give effect to this resolution, in such form as may be approved by
the attorney for the Town of Dryden.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Planning Intern Position - Cl Sparling explained that creation of this position will help
Ray Burger and the Planning Department with climate smart and clean energy activities and
help the Climate Smart Communities Task Force with paperwork and deadlines in order to
maintain our edge (#2 in the Southern Tier). The task force located a job description for a
planning intern. NYSERDA will pay for 90% of this position. It is anticipated to be 15 hours
per week at $17.00 an hour and will cost a total of $11,475. 90% reimbursement from
NYSERDA ($10,327) leaves the 10% town contribution at $1,147. Climate Smart did obtain a
$10,000 grant and is giving $9,000 toward a code enforcement vehicle, leaving $1,000 to go to
this. In essence the task force is asking for $147 to get additional help for the Planning
Department and the Climate Smart Communities Task Force.
RESOLUTION #200 (2021) – CREATE A PLANNING INTERN POSITION
Cl Sparling offered the following resolution and asked for its adoption:
Whereas, the New York State Energy Research Development Authority (NYSERDA) is offering
local municipalities an opportunity to apply for a grant for a Clean Energy Internship,
covering 90 percent of the salary; and
Whereas, a portion of a previous NYSERDA Clean Energy grant already received can be
applied to the Town of Dryden’s 10 per cent match, and
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Whereas, the Town of Dryden is second in the region in NYSERDA Clean Energy
Community points, and plans to seek up to $100,000 in additional competitive grants
for completing clean energy actions, and
Whereas, the Town of Dryden is a Bronze Certified Climate Smart Community and plans to
complete actions towards Silver Certification over the coming year, and
Whereas, the Town of Dryden’s proposed update to the Comprehensive Plan includes
a detailed Climate Action Plan, and
Whereas, all these planned actions require extensive research, documentation,
reporting and public education work, and
Whereas, the Planning Department and the Climate Smart /Clean Energy Community
Task Force (CS/CEC TF ) are in need of assistance to complete this work, and
Whereas, the Tompkins County Civil Service Roster includes an appropriate
Planning Intern title, (attached) and
Whereas, the CS/CEC TF has created a specific job description for the Dryden
Internship that can be submitted for approval to NYSERDA, (attached) and
Whereas, this internship will offer an opportunity for a local college student or recent
graduate to gain valuable experience and make a significant contribution to clean energy
and sustainability work, now
Therefore be it resolved, that the Town of Dryden Board approves the creation of a Planning
Internship position, at 15 hours per week, at a salary of $17 per hour, beginning in January,
2022, pending approval and receipt of the NYSERDA grant.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Rail Trail Task Force Appointment -
RESOLUTION #201 (2021) – APPOINT RAIL TRAIL TASK FORCE MEMBER
Cl Lamb offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Anthony Bretscher to the Rail Trail
Task Force.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Sparling Yes
Cl Vargas-Mendez Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
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ADVISORY BOARD UPDATES
Planning Board – Last month they talked about the Knickerbocker application and the
Planning Board is pleased to see them move here. Last night they had a comp plan meeting
and went over implementation stages of the comp plan. The advisory committees have the
draft for review. They would like consolidated remarks from the committees, one document
from each committee back to the consultant. They expect comments back in December and
the consultant will make revisions and push it back to the Planning Board in mid-January.
The Planning Board will hold a public hearing in February and results from that will be
integrated and the document will go to the Town Board likely in March. The Town Board will
then hold a hearing and maybe adopt it in April or May. Cl Lamb said he likes the document
and the guidance it will provide going forward. It covers everything from how we use energy to
how we develop our neighborhoods and nodal areas, ways to decrease traffic, and ways to
increase outdoor recreation.
Conservation Board – The last meeting was dominated by a presentation on soil
sequestration and topsoil management inspired by the Netflix film Kiss the Ground. The
presenters were pushing efforts in this regard in Dryden. This is one step in educating those
that would be affected by it. Their plan was to also present to the Ag Committee.
Unfortunately, they did not show up at that meeting and Cl Sparling and Emily Banwell sort of
covered it, so the Ag Committee was made aware through second -hand information.
Dryden Youth and Recreation Commission – Marty Conger, Recreation Director,
reported that registration for basketball was open but, but she is still looking for coaches. In
library news, there will be a Dryden Village tree lighting ceremony preceded by library
programming to discuss ideas. There are library efforts to work with TC3 on food insecurity
issues.
Ag Advisory Committee – See Conservation Board above.
Rail Trail Task Force – They recently spent a lot of time discussing what to do at the
Game Farm crossing. R Young has been really helpful in working with Jeff Smith at County
Highway. This is a county road, and the county has certain expectations for safety. People are
eager to cross there and are frustrated by the barriers put up for safety. There was an article
in the Cornell Chronical on the project and people are eager to go visit, so there is more of a
reason to push the county to move on this for safety’s sake.
There are quite a few crossings on the rail trail – 17 total. Some are at grade level and
some places need a bridge. Some are very quiet because there is less traffic on the roads. In
some places there are lighted signs (George and Springhouse Roads). They are expecting
something more noticeable on Game Farm Road and would like to get a commitment from the
county to reduce the dip.
Safety & Preparedness Committee – They met November 1; no minutes are available
yet. The chair sent a Swift911 this morning. She spoke with Terry Hilliard at the Borger
Station, and they are getting ready to put unit 4 back online. They will be doing controlled
blowdowns in connection with that. This is just one phase of the upgrades they have been
doing and the next couple of stations will go back online after the first of the year.
Climate Smart Communities Task Force – Their work in getting an intern in place
were taken care of tonight.
Broadband Committee – The timeline for rollout has been pushed out to April 2022.
They are waiting for the official announcement of the Appalachian Regional Commission grant.
It is still in open status, and they are expecting an official announcement of $600,000 in
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funding. They will be applying for more ReConnect funding. Dryden is in a good position
because we have a project that is shovel ready.
CITIZENS PRIVILEGE
Shirley Lyon – Read the article in the Cornell Chronicle that talks about trading coal
cars for e-bikes. She understands the easement only provides for pedal assist. There are
different classifications of e-bikes. They have balloon tires so they can easily go on the stone
dust trail. They are also putting lights on them. Are people living near the rail trail
comfortable with this? With respect to the pedal assist, is the town in violation of the easement
agreement?
Paula Parker – read the attached statement and presented information to the board.
Fred Stock – There is a deadline in the next 5-6 weeks regarding marijuana
dispensaries and consumption sites. The town has until December 31 to opt out of allowing
marijuana dispensaries and consumption sites within the town. He urges the board to do so.
Dryden Village has done so, and he’s heard they have tasked the town to do this also. A
number of villages, towns and cities have done this across the state. By opting out you would
have an extended timeline to determine when and where dispensaries would operate. For
instance, imagine a dispensary in the old Dollar Store on Freeville Road. Imagine a dispensary
there, halfway between TC3 and Dryden High School and Middle School. How would the
community like that idea? By opting out, you are not turning it down, you are tabling the
discussion and deciding not to decide until proper information is in front of you. If you don’t
want to opt out, why? What does that say about your concern in caring for the community ?
Please, consider opting out, tabling this and waiting until the information is available. You
have time. Please.
Ed Wilson – He is here to talk about the rail trail and is presently against the bridge.
He understands the primary reason for the bridge, and he is concerned about the safety of the
public, as the Town Board seems to be. He can understand the bridge is safer than people
physically walking across Route 13. What he doesn’t understand is how the trail with the
bridge is safer than the trail without the bridge (where you go down along the side of 13,
underneath the Route 13 bridge, and back). If the state has said the bridge is safer, can the
public get a copy of their safety review? Then maybe you’d get more people supporting the
bridge. He would like for the citizens of the town to see that safety report. H ow did it show
that the bridge is safer than the alternative of going along the road, underneath 13 and back ?
If he could get a copy of the report, that would be great.
The second item is the cost of the bridge. It has been said the bridge is $3,000,000,
probably estimated close to a year ago, and when done , with inflation, it will probably be 4-5
million dollars. He has heard of a similar bridge in Syracuse at close to ten million. Has the
board discussed where we stop with spending on the bridge ? That probably would be
supported by your safety report and the number of injuries projected. If you do go forward
with the bridge, he’d like the board to consider repurposing the bridge to nowhere that crosses
route 13 south of Ithaca. It would be part of recycling, reusing, repurposing things. It seems
like a similar span and is within ten miles of where you’d be putting the bridge.
Joe Osmeloski – Said he is glad that the Supervisor brought up civility. He read a
headline from the October 25 Dryden Courier that states democrats hope to cease divisive
discord among Dryden town residents. He thinks that is a great idea, but he is not buying it
completely from this Town Board. When he signs up for public speaking, he gives his name
and address. He is not asked his political persuasion. He is not asked what political party he
belongs to, and he shouldn’t be. When he applied for a volunteer position, he was not asked
his political party. This Town Board could remove Mr. Lamb as deputy Supervisor, and he
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encouraged other board members to serve in that position. He fears that the Supervisor might
go someplace and doesn’t want Dan Lamb as Supervisor. He asked that D Lamb be removed
as liaison to all volunteer boards.
Chuck Geisler – read the following statement:
There are some side benefits to the on-going Dryden RT conversation at TB meetings that often
go unrecognized. In the weeks before the recent elections, I canvassed in Dryden and met many
people. One couple asked me what was behind the pro and con Bridge signs. I explained, and
the wife insisted the bridge issue was getting divisive. But her husband felt differently and said
the whole Rail Trail debate was good for the town—it’s brought more residents to TB meetings
and, on balance, evoked constructive community input.
In my opinion, that input is especially apparent in the questions Dryden residents have raised
and which the DRT Task Force has taken to heart. I’ll give some examples:
** How will the DRT address non-motorized transportation such as electric-powered
bikes, trikes, mopeds, skateboards and scooters sometimes capable of dangerous
speeds? (This concern is widely shared:
see (https://www.railstotrails.org/resourcehandler.ashx?id=11762)
** Will the Town convince the County and State to post and enforce lower speed limits on
Game Farm and George Roads for everyone’s protection? Dryden’s Schug Trail models
various pedestrian safety measures.
** Will there be lighting at critical Rail Trail rest stops--kiosks, parking areas, and the
multiple road crossings? And public toilets?
** Boardwalks, if used in notably sloping areas, will require steps; how will cyclists in
summer and X-C skiers in winter negotiate these steps?
** Will RT users be put at risk in the Pinckney Rd. area by having to share a driveway
routinely used by cement trucks from Hansen Cement?
**NYSEG appears to be storing spent transformers in a lot adjacent to the RT west of
Pinckney Rd. Could these transformers be leaking PCBs (or are they non -capacitator
transformers that operate without PCB’s)?
Could the Town check this out with NYSEG?
I’ve heard more questions, of course. Some have questionable intent, but most are relevant and
spot-on. They show that people attending Town meetings are airing honest concerns and want a
safe cross-town trail facility for all to enjoy. Dryden is the better for these deliberations.
Board Response -
Supv Leifer said with respect to e-bikes, pedal assists are electric, but not like a scooter.
They are allowed on Black Diamond. They have limited battery range. Anything beyond pedal
assist will likely not be allowed.
Cl Lamb - The town may have to post a speed limit. The memorandum of
understanding with the DEC includes e-bikes (pedal assist) as an approved use for the Game
Farm section of the trail. They expect all bikes to have lights on them for nighttime use and
the same for pedal assist bikes.
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Supv Leifer – Regarding dispensaries, he sent a draft of a local law to the board. He is
not going to introduce it. Another board member is free to do so. It is a fiscal issue at this
point and the town does control it through zoning. The regulations just came out from the
state. Like anything else, if we haven’t explicitly permitted it, it is prohibited until we deal with
it in zoning. We could put a moratorium on it. The town is still in control. Another thing to
consider is plants. The town only has limited commercial zoning at this point. We can zone it
away from specific locations, like the old Dollar Store on the edge of the Village. Opting out is
not banning marijuana use. It is legal in the state. All it does is send people across the border
and then they collect the revenue. The town will deal with it in zoning.
Cl Lamb – The town can direct where it is allowed through the zoning law.
Supv Leifer – If you opt out to delay it and then opt back in, you’re still controlling it
with zoning. Until you change the zoning, you can put a moratorium on it. We’ve done
moratoriums for the West Dryden pipeline and for solar panels. If you put a moratorium on it,
nothing can be introduced until the moratorium is lifted. So, it is effectively the same thing.
Supv Leifer - Will not ask Dan Lamb to step down, he’s been way too valuable.
Cl Lamb - With respect to PCB’s, you would have to test before you do anything. We
would not do a cleanup before testing. We would need a reason or suspicion, and the town
knows of no spill there. So there is no evidence of a PCB danger. DEC maps show these
things. It is difficult to take the approach that we have to prove it is safe. That hasn’t been
done for other sections of the trail, nor did the Ithaca system with the waterfront trail do
anything, or the Black Diamond trail. They don’t have to prove it is safe because that would be
a level of expense that would prevent us from doing the project.
Regarding the bridge to nowhere, he understands that it will be connected very soon.
He heard that plans have come into place to finally connect that.
The DOT told us in their opinion, in no uncertain terms, that a bridge is safer than
going under Route 13. On the advice of the regional engineer the town applied for the bridge
grant funding because in his opinion a bridge is safer. It has never been said there was a
safety study or safety report. The town was taking the advice of experts on this issue who
build bridges all over New York State. They encouraged the town to apply for the funding and
the town got the funding because they thought it was the best solution. DOT is involved in
traffic analysis and will be in Varna soon looking at pedestrian crossings on Route 366 to see if
crosswalks are warranted. They analyze pedestrian traffic quite a bit on busy roads.
E Wilson suggested that DOT do a study and provide it to the citizens. Then they could
better support the town’s decision.
Cl Lamb said at this point we will not go back to the start again. The bridge will be
built. We believe it is the safest thing to do. It is the consensus of the Rail Trail Task Force
that a bridge is the safest thing to do. We have the money. The trail and bridge will be built.
Cl Skaley reported on the sewer and water project. They are struggling to determine
whether or not we can acquire pipe ahead of time. DOH advises that while it is not prohibited,
it is not advised until specifications of all components are determined. He isn’t sure why that
is the case, because he thought we had already gotten sign off by DOH. They claim we need
some additional sign offs and he will be talking to TG Miller about that and trying to move that
forward so there are no further delays. They weren’t very helpful other than acknowledging
that supply issues are a problem these days. This may require additional negotiations with
DOT regarding where and when they will do paving through the area so we don’t have to dig it
up and cause additional expense to the town. There is still another easement to work out with
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Cornell and the owners of a parcel at the corner of Freese Road. He hopes to hear about
funding starting next month and into the new year.
There being no further business, the meeting was adjourned at 8:27 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk