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HomeMy WebLinkAboutTB 2024-06-20TB 6-20-24 Page 1 of 18 TOWN OF DRYDEN TOWN BOARD MEETING June 20, 2024 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas- Mendez, Cl Christina Dravis, Cl Spring Buck Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Ray Burger, Planning Director Chris O’Connor, Fire Coordinator Marty Conger, Recreation Director *Loren Sparling, Historian & Deputy Town Clerk *Cassie Byrnes, Secretary to the Supervisor *David Makar, Dryden Fiber Executive Director *Indicates attendance via Zoom Supv Leifer said he would like to take a moment to remember Bob Beck, who passed away unexpectedly, and who chaired the Rail Trail Task Force and served on the Conservation Board. You can’t overstate his service to the town in moving the rail trail forward and making plans for its future. He noted Bob’s perseverance, ingenuity, and willingness to work with anyone who wanted to see the project move forward. He secured easements and sought out funding. We owe it to him to see the project through to completion. After a moment of silence, attendees were invited to speak about Bob. Cl Lamb said he has known Bob for almost 25 years. He was a neighbor, a friend, a mentor, and a community leader, who made profound contributions to the town. The town needs community members that step up and quietly lead and bring their talents. Bob got involved and inspired others to do the same. He worked hard on all aspects of the rail trail. He’s taught us how to get things and the Rail Trail Task Force will continue. He will be missed. Gian Dodici, Conservation Board Chair, said he has known Bob for nine years and admired his leadership and willingness to advise. He left a legacy – the von Engeln Preserve near his house, his work with the Finger Lakes Land Trust, and working on important matters in the town. G Dodici said he respected Bob and he will be missed. There will be a celebration of Bob Beck’s life in August. Supv Leifer called the meeting to order at 6:16 p.m. RESOLUTION #114 (2025) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of May 9 and May 16, 2024. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes TB 6-20-24 Page 2 of 18 Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING SPECIAL USE PERMIT APPLICATION FOR CONTRACTOR YARD 52 QUARRY ROAD Supv Leifer opened the public hearing at 6:17 p.m. Ray Burger said JP Reilly is the applicant for a contractor yard at this site which was a former DEC regulated mine that has been closed out. It is in a rural residential neighborhood on that side of Quarry Road and a special use permit is required to have a contractor yard there. There are two other contractor yards on Quarry Road, but they are in a different zoning district and went through a different process. Bill Reilly, owner of 57 Quarry Road, said he purchased the property at the beginning of this year. The previous owner had an open DEC permit to quarry rock similar to other operations in the area. His company had some involvement in some of the activities last year as part of the final completion and closeout phase of the mine, helping the previous owner restore the quarry to the DEC’s satisfaction. They brought in clean fill material, stabilized the site, and restored it to its original state. The permit was closed. Since the purchase, his company has used the property to park a few vehicles and small equipment trailers and various other things due to its proximity to projects they’ve worked on in and around Cornell’s campus. It was initially their impression that because of the previous activity on the property for many years that would not be an issue. Shortly after they began using it, they were notified that because the DEC permit was closed out, it effectively reverted the property to Dryden zoning as residential. They were told to complete a special use permit application and that a contractor yard is an allowable use by permit in the zone. There has been a lot of feedback from neighbors and he wants to be sure all their concerns are addressed. He said he fully understands and agrees with everyone. He also would be opposed also to any activities that would majorly increase truck traffic or cause a disturbance in any kind of a residential area, especially considering everyone’s experience with what has gone on the last couple of years that involved constant truck traffic. His purpose for the special permit application has nothing to do with heavy truck traffic. Their proposal would be a little more than what has been going on for the last six months, which is next to no activity. He has reviewed the letters and statements submitted in opposition and would like to address what appears to him to be the biggest arguments and try to clear up incorrect assumptions. With respect to increased truck traffic, this application is simply to park some vehicles there at the beginning and end of the day. They can limit the number of vehicles. There seems to be a detrimental association of his company with Cornell University as a whole and its large-scale construction projects. If there are issues in general with construction in the area due to Cornell’s work, he suggested that is a discussion for a different forum. It is accurate that his company does perform work on some campus projects, along with several hundred other companies. There is a statement about the Quarry Road site being used as a staging area for what people assume is a general contractor’s multi-million-dollar project. That is not what they do and not what they are asking for. He agrees that would not be appropriate. TB 6-20-24 Page 3 of 18 They did mark several areas on the application for potential short-term storage of things they use as contractors. They tried to pick areas on the site that are not in the view of the neighbors, areas that are already flat, graded, and able to be used for short-term storage. The idea was to keep a low profile and use the area for their convenience, not a central hub for any of their activities. They have main shops and storage yards in other areas for that. With respect to traffic patterns possibly changing, he noted that whether or not a special permit is granted, there will still be construction activity in the area. His company along with many other companies will still be travelling to and from the work site using the same routes through Dryden. In the past, Cornell has complied with specific trucking routes and that would be the venue for that discussion. There will not be a mobile home residence. Their application included asking permission to have a small office trailer there to be used for clerical work. They planned on providing one that would be similar to residential construction. With respect to them being an out of state contractor, JP Reilly is a Pennsylvania entity site work contractor. He is not sure that is relevant to the special use permit. They currently have about 40 employees that are NYS residents on any given day in this area. They are local residents, property owners and taxpayers. There appeared to be a challenge to the legal status of the company to perform work in New York State. They are fully licensed and have been able to perform work in New York State for at least 40 years. There were concerns about water quality and stormwater pollution prevention practices. As a site contractor, they are more than well versed in all the rules and regulations in Tompkins County. They will comply with those rules regardless of what the site is used for. They would likely be subject to stricter oversight as a contractor with any kind of a site change. Stormwater is a very serious topic. They take it as seriously as most folks around here as they deal with it on a daily basis. The approval or disapproval of a special use permit does not change the leniency of stormwater rules being followed. B Reilly said those items seem to be repeated concerns and he wanted to respond to those comments. Questions from the board: Is Cornell University their primary client? Cornell is one of their bigger clients in New York. They work for private development firms and for general contractors and do residential projects all over the county. Cornell is about 30% of their business, whether directly or indirectly. They have worked on NYS OGS funded projects. Was the purchase and investment in the site primarily for this purpose? Yes. Has a traffic study or noise study been done? No. What kind of materials will be stored there? As a general contractor doing site work, they may have a load of plastic stormwater pipe, some precast concrete forms and such. It is easier to do their staging closer than a half hour or hour away. How much of the area will be used for employee parking and equipment? There will be a few trucks, some heavy equipment, and a dozen or so employee vehicles. He expects they wouldn’t add more than 10-15 individual vehicles a day, including trucks. TB 6-20-24 Page 4 of 18 What hours would the vehicles arrive and depart? They will comply with the standard for the area and expect to start at 7:00 AM and leave at 4 PM. There would be no activity otherwise. It is not an active worksite. Would there be tractor trailer deliveries? There might be some, but it would not be a regular occurrence. Public Comments: Buzz Dolph, 26 Quarry Road, said he probably knows the history of this property better than anyone alive. He recalls as a child entering the quarry with his father. He owned the property until he sold it to Frank Paolangeli. B Dolph had written a reclamation plan in the 1990s. His concern is somewhat emotional because he spent a long time living at the base of the quarry with the idea that eventually it was going to stop and the property would go back to being used for something other than mining. He hoped it would be residential, but wasn’t given a chance to buy it back. He and his wife have some concerns. He’s been around long enough to know that storage areas for site guys generally means stockpiling and he is concerned that you end up with a Mt Varna, where trucks stockpile material and it stays there for two years while a project is going on. Then the trucks haul it back out and you are kind of back to where you were. He is concerned with runoff. He doesn’t see anything that looks like a SWPPP, that looks like water retention and doesn’t know if that is required. He knows if you affect more than one acre a SWPPP kicks in. He thinks it would be necessary. He knows that the previous owner had some retention ponds that are still there. He also knows that there is runoff that runs below the white house on Quarry Road that goes underground and through his pond. Most of the water does not go into the road ditch; it goes into the creek. When his father started reclamation many years ago, they created a way for that water to travel underground and that fills his pond and it overflows 365 days a year. He is concerned with changing the way the water patterns worked in the quarry. They don’t want to see it running into the roadside ditch and they want to see sediment control through an approved SWPPP. Ideally, he would like to see the property used as a residential area. Nancy Norton, 26 Quarry Road, said from the site plan it looks like the meandering creek will be directed in a straight line into the ditch at the top of the hill. Water up the street is also diverted to the ditch and three times the shoulder of the road has had to be rebuilt. She is concerned, given the more intense storms we are experiencing, about having the road undermined by fast moving water in the ditch as opposed to meandering its way down. Benjamin Moore said he has reviewed the comments and echoes his neighbors’ concerns. He lives just below the site in question at the intersection of Quarry Road and Ellis Hollow Road. We know the potential impacts of noise pollution and truck traffic. He appreciates Mr. Reilly coming to speak, but the concerns are not necessarily addressed by the applicant’s comments. If they specified the number of vehicles each way and some small portion of that may be trucks, that may be a different story. It seems as it stands, the permit application is not acceptable with respect to specificity. This purchase was 23 acres of prime real estate, valuable land, and it is hard to see that used as a glorified parking lot in perpetuity. What comes next? What guarantees do they have as long-time generational families and taxpayers that those concerns will be specifically addressed? Poppy Singer said she grew up on Turkey Hill Road and her mother still lives there. She lives around the corner on Ellis Hollow Road. They already have too much traffic on the road that goes too fast. It is already used as a thoroughfare to go from 79 to town or to Cornell. Yesterday early in the morning three huge 24-wheel trucks came by her house and then came back later in the day. The Bellisario trucks are going all the time. She doesn’t want more TB 6-20-24 Page 5 of 18 traffic, even 15. There are already too many and people go too fast. She would like a 30-mph speed limit on Ellis Hollow Road so there would be fewer cars. Sharon Barrie has lived on Ellis Hollow Road for 24 years. She remembers the road conditions for many years, and currently it has been fixed very nicely. She is concerned about trucks, but her gut reaction is that she doesn’t consider Cornell a good neighbor. She doesn’t think they pay their fair share in taxes, so when she hears that someone is going to do work for Cornell and maybe tear up the roads with heavy loads or create traffic problems, she’s thinking that she will be responsible as a taxpayer for the repair. Especially when she is expecting her taxes to increase this year by a big margin. Her concerns are about increased traffic and damage to the roads. Rory Todhunter, 100 Quarry Road, said he works at Cornell and pays taxes. He has lived on both sides of the quarry since 1993. It has been a wonderful location except for the fact that the quarry has been there and it’s gone from a beautiful lake to what they have now. They have raised four children, and like to walk. They like to bike ride, but the hill is dangerous. As they age it will be more difficult. There will be no control over the number of trucks in the area, and who will monitor. He would like it to be a residential area. They are personal friends of the Bellisarios and believe that they have improved the area they occupy from before. In his opinion, when Bellisario’s drivers are moving through the area, they are usually very respectful of the traffic and the people. There are school buses in the morning and afternoon and more children around. The visibility will be interrupted and someone will be killed on Ellis Hollow Road. Ellen Schmidt echoes what previous speakers have said. She and her husband have lived on Genung Circle for 35 years, a three generational family. They’ve seen a lot of change during that time. There is a definite increase in traffic. These are rural roads with tractors and people walking, biking, and pushing strollers. Large trucks are incompatible with narrow roads not engineered for heavier vehicles. They could not stop rapidly. There was a 6-year-old child killed on Snyder Hill Road in a traffic accident not that many years ago. She looked at the application and was amazed at how little was in it. She suggested a re-application with more specificity about the things that he has talked about would be important. She is concerned that 23 acres have been purchased and wonders what is planned for the future. She is also concerned about particulate air pollution, noise pollution, and impacts on water. She has read that the county recommends modifications to preserve and protect water quality. She would like to request a full environmental review for this project. Josh Felver, 27 Hungerford Road, said his property (about 750’) borders the subject property. He shared an aerial view of the neighborhood. The dump trucks of fill cause clangs, bangs, and diesel fumes right near his front yard. The noise is outrageous. It occurs early in the morning and wakes up his family. When leaves are off the tree line, they can see every vehicle and hear everything said there. His son has asthma, and he is concerned about water quality, safety on the road, and property values. An active construction yard will devalue his home. Route 13 has a lot of land. Reilly can go there, sell this land, and put homes on Quarry Road. He asked the board to reject the application. He is concerned for the safety of his home, property values and destruction of this community. Andrew Wallenstein, 47 Hungerford Road, lives two houses from the previous speaker. It would be easy for the board to think that everyone here is thinking “not in my backyard.” That is not the case here, because in most of those cases it may be a project for the good of the community and some people are being inconvenienced because they don’t want it in their backyard. This project isn’t for the good of the community at all. This is for the benefit of TB 6-20-24 Page 6 of 18 Reilly and his help. No one in the room will benefit from allowing this project. He asked the board to look at the number of people opposing this. Sidney Moise, 490 Snyder Hill Road, thanked Mr Reilly for coming and is sorry he bought this land and did not have enough information about it. There are some big concerns. She appreciates Buzz’s comments on the environment and the data that he has drives a lot. This is a steep, steep hill, and there are also the consequences of driving on Quarry Road. At the bottom of Quarry Road there are very large flashing stop signs because of the danger of this area. She knows the danger at the top of the hill because it was in front of their house that a six-year-old girl was killed. Every year their yard is damaged by cars that go too fast running into their yard because they go so fast. Adding trucks is not going to work. She doesn’t want Reilly to submit another application because limiting the number of cars and trucks will not make a difference in the major concerns. There are areas on Route 13 that would be better suited. They can still hear the beeping of trucks down the hill and the dirt from the trucks will make the road slippery. Their well is very deep and they still require holding tanks. If they drill for water on the site, it may affect their water quantity and quality. Barbara Mitchell said she and her husband live next to the site; their property connects to it. They built their house about 26 years ago and understood there was an active quarry. They were told it was probably going to cease and go to reclamation within five years. The constant noise has never stopped, along with the dirt, dust, banging of dump truck doors, engine braking on the road, and beeping. The sound in that area carries really well and they hear people talking over in the pit. They have complained to the town board. They called the police department because of the mud on the road. She has a horse and if she is going to go someplace and it has been raining, she won’t go that way because she doesn’t want to risk sliding down the road. There is not enough gravel in the world to take care of the mud on the road. The property has been sold again. They had been told that it [the quarry] was grandfathered in and they had to put up with what it was. It was sold and is rural residential. The application is superficial to the point of being deceptive. There is no mention of the size and type of trucks and equipment being used to bring material in and out. She has seen large JP Reilly trucks around town. They are big and noisy. Damage to the road is a given, and the taxpayers of the community will be stuck paying for it. The application states that the use will be substantially less impactful than the previous site. That is an acknowledgement of how difficult it has been to be there. It also states the activities will be in line with the neighboring property agreements. They don’t have an agreement with anyone. There are site lines to adjacent residents, contrary to the statement on the application. You can see it. If there is so little use of it, why did they purchase 23 acres to park a few trucks and store materials? She doesn’t see a need for a further application. Her opinion is that under no circumstances should this be granted. It is not a good use of the property. It’s time to let the zoning be what the zoning is. Nina Thompson said she was born and raised on Snyder Hill Road. Several years ago, she bought property on Ellis Hollow Road. She has been familiar with the property in question for four decades. She walks her dog on a stretch of Ellis Hollow Road twice a day and it is frightening every day. The regular car traffic is bad enough. With a 45 mph speed zone people drive at least 55 mph. When you add large commercial trucks or dump trucks it becomes scarier. She now video records her walks due to the danger. She and her dog have nearly been run over by commercial trucks, including JP Reilly trucks. They come by nearly every day, especially the last few months. It is already dangerous to walk in this area. The idea that it will potentially increase terrifies her. She is asking the board not to approve this permit because it will significantly negatively impact property values, the ability of residents to enjoy their properties, and the safety of all of those who live in this residential neighborhood. Sean Dembrosky, 1175 Ellis Hollow Road, said everyday his wife walks with their baby and dog down Ellis Hollow Road and every day it is frightening to him because the road is TB 6-20-24 Page 7 of 18 already beyond his comfort for safety. Last summer a neighbor had a fender bender pulling out of his driveway. It was a minor fender bender, and one of these massive industrial trucks about a quarter mile away saw where the accident was and it took them the entirety of that distance to stop enough to just slam into the car and spin it around twice. The truck driver was extremely aggressive, screaming and cursing, that this was an 80,000-pound truck and it takes a quarter mile to stop these things. The idea of allowing a staging site and increasing the qualitative effect on the neighborhood is not appealing. This is a wealth accumulation project for the company and Cornell. It seems Cornell could find 23 acres on their property to store these things. It is an unending expansion of their tendrils in all directions and is explicitly threatening to public safety. What are we moving towards? He said Cornell can keep it in their own space. They don’t want to die on the road. Please say no. Don Hartman, 134 Quarry Rd, said his property abuts the parcel being discussed. He wanted to make sure his opinion was on record and he wanted to hear from his neighbors because he didn’t want to misrepresent the neighborhood. He noted that the application completely ignores the nature of the residential neighborhood that would be impacted. If you look south while standing on the property, there are three residential properties that are directly aligned with the site. Two of those were recently assessed for about a million dollars. In addition, all three properties would be faced with persistent visual noise, truck traffic and dirt and dust pollution if the application were to be approved. He and his wife hear this all day every day and can see all the cars and trucks that are there. If you go further on Quarry Road slightly further from the site, there are two additional residences that are valued in the high six figures. There are another seven properties on that .6-mile road that will be impacted by this project. Looking northwest, you face Hungerford Road. They have the same issues as the people on Quarry Road. There are few properties in the general area that will not be affected. He encourages a no vote. When he moved here 25 years ago, he invested in his property in large part because of the residential rural nature of the area. He has invested in his property over the years, as his neighbors have invested in theirs, with the idea that they wanted to enjoy a peaceful and quiet rural, residential neighborhood. This project can only diminish the character and value of the neighborhood and he would encourage the applicant to find an alternative location. Matthew Marks lives at 101 Turkey Hill Rd and travels through the neighborhood. He purchased 44 Quarry Road and has four long-term tenants directly abutting the property. He echoes the concerns presented tonight. He has made a long-term investment and this contractor yard will make it hard to attract and retain tenants. He lives not far from the site and understands the concerns of the neighbors. Martha Robertson, 1655 Ellis Hollow Road, said she travels through the area. She reviewed the documents online and said because it is across Quarry Road from an industrial site, it feels like it is part of an industrial neighborhood. But it looks like the area that would be used is a big open field, so it is not a reuse of a current industrial site. The applicant says two of the 23 acres would be impacted. It looks like an open field, and if you are going to make it a contractor yard, you would have to pave it. It would likely need pavement. That is a very steep hill and she worries about increasing the impermeable surface at the top of the hill and how that would impact stormwater flowing down. Water needs to be absorbed at the top of the hill. This is certainly a site that would be a beautiful place for a housing community, and you preserve the vast majority as permeable soil that wouldn’t impact the neighbors down the hill. She appreciates the thoughtful consideration and the activity of the neighbors. Marlene Barken said they lived at 125 Genung Circle for 35 years. One of the major concerns is the traffic issue. Traffic on Genung Road has increased and she thinks this project would divert more traffic to Genung Road and in some places the road is very narrow. There have been many accidents on Genung Road. It is really not meant for additional traffic. Any TB 6-20-24 Page 8 of 18 traffic study should include the effect on Genung Road. Given the many concerns that have been articulated, the board should deny the special use permit. Should the process move forward, a full and complete State Environmental Quality Review should be conducted to address noise, water, and traffic concerns. David Barken said he is a lifelong resident of Genung Circle and hopes to build on Ellis Hollow Road in close proximity to the site. The specificity of the rural residential zone should be considered. The other side of the road doesn’t reflect the intended character of the neighborhood. Every now and then you encounter perceived and very real negative impacts and the community comes out and you have to weigh the impacts on the neighborhood versus the benefits of the project. It is up to the town and the zoning law to decide whether this is the best use of 23 acres of rural residential zoning. There is a clear path and legitimate reason to vote no. Jim Scarpula, 39 Hungerford Rd, has lived here since August of 2020. They have done a lot of upgrading, costing approximately $150,000. They like the quiet environment and nice neighbors. For part of the four years they’ve lived there, it wasn’t so quiet because of the grading going on. The noise was disruptive and he called the town. He wrote an email expressing concerns about noise and air pollution and property values. He would add to that any impact to well water. He is opposed to approval of this project. He moved to the neighborhood because it was residential and quiet, and a unique and natural area. He would like it to remain as it is. Kathleen Kraft has lived a half mile down the road for 40 years and has seen how the traffic has changed. There are so many more cars zooming by. This morning between 7:25 and 9:00 a.m. there were 125 cars that travelled on the road. There is poor visibility where the driveway is and she doesn’t see how you can safely back a big, long truck in and out of that narrow driveway. She asked where the materials were coming from and how much additional traffic would be going back and forth. There are serious safety concerns. Fenton O’Shea, 603 Snyder Hill Road, has heard comments about houses in the surrounding area being valued at or around $1,000,000. There is an opportunity to look at the tax base and the taxes collected from that area. There is a house for sale now that borders that property. He encouraged people in the area to lobby for a lower assessment if that house sells for a lower amount because of the fact that this got approved. Quarry Road is very steep. The driveway for this project is in the steepest area. There are very large ditches; it is tough to navigate when snowy. This would be adding challenge and risk to drivers, especially in the winter. Supv Leifer closed the public hearing at 7:35 p.m. Cl Lamb said they have heard a lot of important points, particularly about the traffic that is there now. Regardless of what happens with this project, we need to keep that in mind and address the current safety issues. It is true that people use it as an alternative way to get across town. There are other impacts on the neighborhood including noise. Other aspects of what happens to that property in the future weigh heavily. Denying this project will not solve the traffic problem. Cl Vargas-Mendez said he lives at 344 Snyder Hill Rd and is familiar with the safety issues of the road. He believes that we have a particular opportunity to look at this large piece of property sold as residential to have a different vision for developing that area. There was a recommendation from the Planning Board that with the public input and lack of information from the applicant that the project should not move forward. Supv Leifer said there is no description of the activity that would go on and contractor yards seem to grow TB 6-20-24 Page 9 of 18 in activity. He doesn’t believe the board could move forward without a traffic study and full EAF. Cl Buck said she doesn’t want to ask someone to invest time and money into that effort when it is clear that this area is not zoned for this. There is no greater good for local residents to override the zoning. The roads are not developed for tractor trailer access. R Burger said special use permits are made to see if there are special conditions that would make it compatible with the neighborhood. In addition to traffic, the board has heard concerns about air quality, noise and generally not fitting in with the neighborhood. It was noted that activities have already commenced on the property as an unpermitted operation and the applicant will have to cease operation. If denied, the applicant could reapply with more information. RESOLUTION #115 (2024) – DENY SPECIAL USE PERMIT APPLICATION 52 QUARRY ROAD Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, based on recommendation of the Planning Board, lack of information presented by the applicant regarding traffic, noise, and air quality, and the volume of comments against the project’s compatibility with the neighborhood, the application of JP Reilly for a special use permit for a contractor yard at 52 Quarry Road is hereby denied. 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING SPECIAL USE PERMIT DRIVE-THROUGH FACILITY 2207 DRYDEN ROAD Supv Leifer opened the public hearing at 7:47 p.m. R Burger said the existing dispensary was granted site plan approval by the Planning Board. It is in a mixed-use commercial district and a drive-through window requires a special use permit by the Town Board. The Planning Board has made recommendations. Graham Feltham and Jacob von Mechow of Whitham Design shared a site plan for the drive through facility showing updates to the vehicle access. The site is located at the corner of Irish Settlement Road and Route 13. It is currently open and operational. The drive-through window helps to provide multiple ways for customers to pick up merchandise and to provide some privacy for customers. The Planning Board had requests for additional information on the site plan including proposed traffic control signage (make sure the one-way drive through lane is clearly marked) as well as some lighting and a canopy over the window. Access to the drive-through is off of Irish Settlement Road with the intent for less traffic impact to Route 13 than the existing entrance on Route 13. It is over 100 feet from the road to the window so there is adequate space for traffic queuing. Cl Buck said she knows some people are excited about not having to get out of the car. She is concerned that the lines may get long and back up on the road. TB 6-20-24 Page 10 of 18 Aaron Baker said they have found their customer base likes to use their online service. Customers order online and choose a time to pick up their order (a 15-minute window). If they don’t take it within the selected period, they must go into the store. They must preorder and prepay. There will be signage that the window is for prepay orders only. Only one person is allowed in the vehicle by law, and they must produce identification that matches the person in the vehicle. At 7:55 p.m. there were no further questions from the public or the board and the meeting was left open. Discussion/Action Items Use of Business Loan Fund – Cl Lamb explained the business loan fund was established by the town using funds that were awarded to the town in 2000. Repayments to the town in the amount of about $200,000 are available to invest in local businesses. He is excited to have a local business that is appropriate for this fund. The committee reviewed the application with respect to the town’s criteria (income, the type of employees that can be hired and the business needs to meet the town’s standards of what we want to see public dollars invested in). The loan rate is below prime. The applicant has gone through the small business development center in Binghamton and has a business plan developed. He hopes that other businesses will see this opportunity and apply. Rich Cunningham of Thoma Development said this program stems from a HUD Small Cities Community Development Block Grant funds that came back to the town. There are still federal requirements, so funds need to meet a low to moderate income benefit, which is through the creation of jobs for low to moderate income persons (types of jobs as well as the income for the people taking those jobs). The loan committee reviewed the application, the business plan, and the financials to make sure it is a solid investment. This business will fill a vacant storefront in the Village of Dryden that is currently vacant. The interest rate is at 60% of prime at the time of approval. Should the board approve it, payments will start six months after closing to give them time to get up and running. The loan committee had concerns with the owner being a full-time employee and drawing a salary and that was addressed, giving a year to ramp up and hire additional help. Chris Cushman, the applicant, was here earlier but had to leave. She already has a group of people she leads and is providing classes for. The committee considers this a community asset in terms of training and bringing people in, not a retail store. They are looking at two part-time positions, both of which would be low to moderate income positions. The repayment term is three years. An audience member said she has taken classes with Chris. There is a group that meets in the event space at The Corner Brew and one of the things that has come out of this is seeing people gather to work on their projects and learn (a variety of things) from one another. RESOLUTION #116 (2024) – AUTHORIZE AWARD OF FUNDS UNDER THE TOWN’S BUSINESS LOAN PROGRAM Cl Lamb offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has established a Business Loan Program (the “Program”) the purpose of which is to provide funds to new or existing businesses in the Town that will create or retain jobs principally filled by or available to low-to-moderate income persons, said Program including established guidelines and a Committee to review requests for funding, and WHEREAS, the Town’s Business Loan Review Committee reviewed an application and supporting information from Christine Cushman, owner of Connected Stitches Yarn & Fabric TB 6-20-24 Page 11 of 18 Shop, LLC (the “business”) and is recommending the award of funds to Ms. Cushman at rates and terms as determined by the Program guidelines and Review Committee for the purpose of establishing the business to be located at 10 West Main Street, Dryden, NY 13053; Now, THEREFORE, BE IT RESOLVED, that the Town Board does approve the award of $60,000 to the business referenced above subject to and contingent upon terms and conditions as required under the Program regulations and as established by the Loan Program Review Committee, AND BE IT FURTHER RESOLVED, that the Supervisor of the Town of Dryden is authorized to sign a commitment letter detailing the terms and conditions of the award of these funds and any other document(s) necessary to implement the award of said funding. 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes There being no further questions or comments with respect to the application for a special use permit for a drive-through window at 2207 Dryden Road, Supv Leifer closed the public hearing at 8:10 p.m. This is a Type 2 action and no SEQR is required. County 239 review indicates no negative impacts. RESOLUTION #117 (2024) - GRANTING SPECIAL USE PERMIT AND APPROVING SITE PLAN FOR A DRIVE-THROUGH FACILITY AT 2207 DRYDEN ROAD, TAX PARCEL 47.-1-1.39 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. On April 15, 2024 Chris Diemand applied for a Special Use Permit (SUP) and site plan approval for a drive-through facility to be located at 2207 Dryden Road, Tax parcel 47.-1- 1.39. Application included sketch plan, SUP worksheet, notice of ground disturbance and General Permit Application Form, and B. The Town Planning Department considers the application complete and in conformance with the requirements of the Code of the Town of Dryden (Code) §270-11, §270-12 and §270-13.9, and C. The Tompkins County Planning Department has reviewed the application pursuant §239 –l, -m, and –n of the New York State General Municipal Law, and D. In a letter dated May 13, 2024, the Tompkins County Planning Department determined that the proposed action will have no significant county-wide or inter-community impact, and E. The Town Planning Board reviewed this application on May 23, 2024 and their recommendations have been considered by the Town Board, and TB 6-20-24 Page 12 of 18 F. 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 June 20, 2024, determined the project is a type II action per 6 CRR-NY 617.5(18), which states, reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special use permit, and the action does not meet or exceeds any of the thresholds in section 617.4 of this Part, and G. A public hearing was held on June 20, 2024 with public comments registered in the meeting minutes and considered by this board, and H. The Town Board has reviewed this application relative to the considerations and standards found in Code §270-11 for site plan review, §270-12 for Special Use Permit and §270-13.9 for a drive-through facility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board approves the sketch plan documents, submitted with the application dated April 15, 2024 as site plan for 2207 Dryden Road, conditioned on the following: a. Lighting shall conform to the Town’s Commercial Design Guidelines. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit listed in Code Section 270-12 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 adding a drive-through facility is a permitted use in this zone and this parcel is located adjacent to Irish Settlement Road and State Route 13 and is near other commercial businesses. b. The proposed use is compatible with adjoining properties and with the natural and manmade environment, as this proposal is adding a drive-up window and providing adequate area for queuing up vehicles; c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate. A second entrance off of Irish Settlement Road is being used for drive-up traffic and over 100 feet of drive lane is provided for vehicle queuing; 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 low volume of traffic associated with this business and it not generating excessive noise, dust, odors or release of 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. 3. The Town Board, finding that the applicant is in compliance with all other provisions of the Code and other applicable ordinances, approves this Site Plan and Special Use Permit for the Drive-through facility at 2207 Dryden Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Vargas-Mendez TB 6-20-24 Page 13 of 18 Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Request for Proposals – Consultant for Land Development - Supv Leifer explained this RFP is for a consultant to look at the lands behind town hall and tell us what we might be able to do there, taking into account the wetlands. He said the board has received the Housing Committee’s resolution. The RFP was put together by the DRYC, working with the Housing Committee and Conservation Board. Since the RFP was developed, Supv Leifer has spoken with Bernie Cornelius and he gave the town permission to have the consultant also look at his parcel as part of this, because it is all behind town hall. He displayed the map that shows the boundary line agreement with the town and B Cornelius’ remaining lands. The consultant could look at both parcels and come up with possible uses. Cl Vargas-Mendez questioned the town paying to have someone else’s property considered. Supv Leifer responded that it is not unprecedented and other towns have done this. Martha Robertson said you want the consultant to review all the options, look at the list of things you’d like to do with it and say this could go here and that would go there. The town doesn’t control parcel A on the map. She has spoken with the DRYC Chair, Leslie Debo, and forgetting the land the town doesn’t control, the housing committee looked at the list of things and are concerned that if the multi-use recreational center were considered, it would necessarily crowd out the land that would be usable for housing. They want to meld the housing needs and the recreational needs. The RFP talks about asking for two plan options. Ask that one plan include the recreation center as an option and one plan not include it. The town board then will have the best thinking of the consultant either way. You would be able to get a good picture of what the options will look like. It would be great if Cornelius also did housing on his land, but the town’s land is a unique asset, especially because the town would have the authority and financial ability to look at the cost of housing and bring in INHS who offers a housing trust program. Cl Buck said she doesn’t want to lose sight of what started this process, which was to create a healthy green space, an outdoor well-being space, for the community. R Young said Mr Cornelius donated the land for ball fields. M Robertson said it is enormously clear in the RFP that the main purpose is recreation. The housing committee is convinced both purposes can be served. Debra Eicholtz said the purpose of the RFP is what is outlined in it. Respondents will look at the space, give us prices and the board will choose the best entity that bids on the RFP. The board will look at what is presented and move forward. These other tangents aren’t necessary. Cl Vargas-Mendez said both parcels are zoned as residential. The controversy came with the suggestion of a recreation center. The housing committee is asking for two studies, one with a rec center and housing, and one without the rec center. Everyone’s interest will be served by that kind of study. Cornelius is interested in developing his own housing program and can pay for a study on his own. The town should not pay for private interests. TB 6-20-24 Page 14 of 18 L Debo said she is fine with requesting two plans. DRYC would like space to hold things such as summer camp. Something like that could be combined with affordable housing and funders love that. Some of the costs may be alleviated by combining it with a housing project. RESOLUTION #118 (2024) – APPROVE RFP TO HIRE CONSULTANT REGARDING DEVELOPMENT OF LAND BEHIND TOWN HALL Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Request for Proposals to hire a consultant to prepare a plan for development of the lands behind town hall with the following amendments: • That two plans be requested, one with a recreation building and one without; and • That one representative from the affordable housing committee and one from the Conservation Board be included in the client committee. 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Chuck Geisler commented that having two plans looked at side by side is a wise move. For the better part of a year, the committee has looked very hard at town land issues and it has consistently been their position to harmonize increasing residential needs of the town and the health needs and other benefits that come from playing fields and recreational development. He is hoping there will be an opportunity to talk with the consultant about more of the fine points. Recreation space and residential development close to a jurisdiction that has services such as EMT assistance could end up saving a lot of money. 2024 TCMHIC Municipal Cooperation Agreement - RESOLUTION #119 (2024) - Approval of the 2024 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and WHEREAS, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010), and WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans, and WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under TB 6-20-24 Page 15 of 18 the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review and upon acceptance of any new Participant hereafter, and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by a majority vote by its municipal board, and WHEREAS, the Town of Dryden is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the Amended Municipal Cooperative Agreement, now therefore be it RESOLVED, that upon receipt and review of the amended Agreement, the Town of Dryden approves at a meeting of the governing body held on June 20, 2024 and authorizes the Chief Elected Official to sign the 2024 Amendment to the Municipal Cooperative Agreement (Effective 1.1.24) of the Greater Tompkins County Municipal Health Insurance Consortium as recommended by the Board of Directors. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY/DPW DEPARTMENT Rick Young reported they are about 75% done with the work on the 284 Agreement. Roadside mowing has been done once and they will be doing it again. He met with Miranda Roth from CHIPS today who spoke about new rules and other things. The streetlight for Livermore Road/Route 392 intersection will be installed soon. A contractor for the DPW building project has been secured. There was some sewer trouble on Forest Home Drive and they are taking care of that. Manhole repairs will start next week. PLANNING DEPARTMENT The monthly report has been distributed. FIRE COORDINATOR Chris O’Connor introduced Amanda Brayton, a Dryden firefighter, who has just returned from Africa where she shared firefighting experience. There has been a lot of support from members of the town and fire departments. A Brayton said she plans to do a presentation at the fire department. While in Africa she was doing firefighting and creating community connections. She trained with their defense force and about creating community connections with their city council. She learned that she appreciates the help from the town here. They learned the huge impact of having direct contact between departments and boards. Those face-to-face conversations are helpful. C O’Connor announced that the Assistance to Firefighters and SAFER grants have received funding through 2028. They have passed both the Senate and the House and have been sent to President Biden for his signature. TB 6-20-24 Page 16 of 18 The Dryden, Freeville, and Varna departments applied for grants to cover the cost of diesel exhaust extraction systems at their stations and we should know this summer if the applications were successful. C O’Connor will continue to work with Danielle Schwartz of DOER to bring programs to Tompkins County that will offer peer support to emergency responders that are experiencing PTSD or other mental health issues. She will offer a presentation to Dryden departments. NFPA has released their firefighter fatalities report for 2023 that shows 89 total firefighter deaths (the second highest total for one year in the past ten years). Of those, 50 were volunteer firefighters, 30 were career and the remainder were forest rangers or military firefighters. The number of career firefighters has been trending down, with a sharp decrease in deaths due to cardiac events. The number of volunteer firefighters dying of cardiac events has risen sharply. This led the NFPA to observe that additional areas of intervention are needed to address the problem. Mike Parker, Freeville Fire Chief, read the following statement: I am addressing the board, Fire Departments and community of the town of Dryden. I am bringing forward some major concerns as well as addressing past performance, actions and lack of professionalism with the Town of Dryden Coordinator. Several issues have already come to light and have been presented to the town concerning the town coordinator without resolve. I want to discuss the disgust and complete lack of support from the Town coordinator regarding the fire that occurred at 10 Groton Ave in Freeville in May. Upon my viewing of last weeks recorded meeting, his comments were offensive to my staff, members, residents and a complete act of retaliation for not allowing his presence at the call review for the residents and departments directly involved with the incident. Mr. O’Connor is neither a fire department member or affiliated with emergency response to make himself involved in how a department responds, the level of response or operations within any of our departments. His actions and opinions of a successful or non successful fire have no business or have no weight within the town, especially because he was not part of or at the incident. I also find the actions of contacting other departments, non-chiefs and members about an incident without direct contact with the Chiefs or incident commanders involved to gather information is highly unprofessional and undermining to our town departments and the community, resulting in distorted or operational opinions being fostered and wrong or highly distorted information being provided to the town without the knowledge of the department in charge, which was in the case of the Route 13 fire in Dryden. These actions will under no circumstances be tolerated by my department. Further, there was a request for a notice of fire and information for the town on the Groton Ave Fire. I contacted Dave Sprout from Town of Dryden Codes and he assured me that it was not him of should not have come from his office since it was in the Village of Freeville. It was requested and nobody from the codes department sent it leaving past inquiries for information on fires highly suspicious as to the sender. The letter written by my Deputy Chief and treasurer was a great explanation and justification of the actions and what took place at that fire, however, justification to others and certainly not Chris O’Connor were not warranted. His involvement with the Town contracts led to many frustrating meetings as to the information being required of town departments that were not needed, required by law or was confidential information not needed or used by the town. Mr. O’Connor also used the Town Board as his crutch for the information required by contract as you, the Town Board, were asking for this information we found out at subsequent meeting to not be the case. In addition, the contract meetings were not inclusive of all board members to have access to and were unaware of the contract talks behind closed doors. Next, his involvement with the Budgets started as helpful and his backing to get the fire departments what they needed or by reasonable request was appreciated. When we discussed items or requests, he stated to add them in the budget, to later find he send undermining e-mails to the Town Board stating how we did not need such items or that they were not useful to the departments or community. I use the example of the current Freeville TB 6-20-24 Page 17 of 18 Duty Chief vehicle 769. The explanation and approval happened between myself and you as the board and have had nothing but praise, positive feedback at the response times, equipment and usefulness of this first response unit from other departments and members of the community. The issue with the SAFER Grant has been addressed by the treasurer but would like to add that he did not apply for, gather the information or write the grant, it was done and paid for by all the departments by TenKate Grant writing Services. We, the WB Strong Fire Company are the Administrators of the grant and we are the ones to oversee the financial aspect for all departments (Rebekah), not Chris O’Connor. To this end, as of today, Chris has been removed as one of the contacts and alternates for the grant and will no longer be involved with the SAFER GRANT. The FEMA contact has been made aware and will be making the proper notes to the grant. All communication forward will be to myself and then Rebekah Moore. Mr. O’Connor did make the contact to the company for the Station exhaust but that was followed up by the chiefs to meet with them and again, TenKate Grant writers did the grant and was paid for by the departments, not done by Chris. Next, Mr. O’Connor’s position description has been grossly overlooked when it comes to what he is doing and what is in his description. While he has done a couple of items on his description, such as assist and review or prepare annual budgets and he did attend a monthly meeting last year at our department, he has not done the most important things he was asked to do. The largest part of the job description and assistance agreed and needed was to institute a town wide recruitment and retention program, coordinating town wide and department trainings, assisting in researching and grant writing for the town departments and other items also listed on his job description. To this point, he has done none of the most important things we discussed. He has been in the job for a year and a half and he continues to require more information, statistics and information not relevant to what he is supposed to be doing. Additionally, he was changed from part time to a full time employee, with a significant pay increase without any input or notification to the fire departments, to my knowledge. Mr. O’Connor has also made contact with PESH, NYS Comptrollers office and other asking questions which has propagated investigations/ inquiries and audits from a couple town departments thus far. He is, “behind the scenes” doing damage to not only the relationship with the Town Coordinator, but with the open and transparent communication we have with the town. I feel these are again, retaliation attempts because he wants more information, stats and items that were deleted from the contract and the fact, he is not given all access to individual departments information. Any inquiry, audits or investigations forthcoming to any department in the town, will be viewed and treated as such. Additionally, I am asking for Town Retaliation Policy be sent to all departments in the town. Further, I am inquiring as to the special projects, research and attendance of other departments training up to and including out of town, county and state. He most recently attended the Newark Valley Big Water Rural Water Supply Training. Without fire department affiliation, emergency response or any other affiliation to the fire service, who is signing a TA (Training Authorization Letter) required to attend, who is paying for the time and who is insuring him while he attends? Are you aware he is even doing this? He came away from it giving nothing but praise for the Newark Valley Fire Company but critiques to the fullest extent, his own town departments. His facebook post was viewed. He has also approached Trumansburg and other departments outside our town and county for information. In addition, Mr. O’Connor, while attending meetings, trainings and town wide trainings, has been wearing Ithaca Lieutenant attire and gear as well as an Ithaca Lieutenant Helmet, which he is retired from. There are liabilities involved and contact with Ithaca should be made regarding authorization for this as he is no longer affiliated. Is the town responsible for these actions as well? Fire department trainings are not open to the public as they present hazards and authorized affiliated personnel should be in attendance. Instead of coordination of these trainings, he shows up to take pictures and post them. This is in no way helpful or part of what he is supposed to be doing. In conclusion, with all the questionable actions, concerns and liabilities, on top of the subsequent undermining of the departments in the town, I speak for the WB Strong Fire Company Operations that we will no longer work with the Town Coordinator assigned as he has not proven to do his assigned responsibilities or benefit the town TB 6-20-24 Page 18 of 18 departments or the Town Board in any way. His job and functions, legality and liabilities need to be reviewed and in my personal opinion, the position can be terminated. We have proven to be open and transparent with the town board with issues, contract and the budgets. We have worked well in this capacity and see no need for the continuance of the hassle, extra job responsibility or time required to deal with the extra asks by the town coordinator. I thank you for your time and can be contacted for further information or questions. Linda Fenner of the Etna Fire Department delivered letters to the board members. DRYDEN FIBER D Makar said it has been a very busy month for Dryden Fiber. On Friday, June 14, two US Senators announced that the towns of Dryden and Caroline are recipients of the NYS ConnectAll municipal infrastructure programs first round of grants. The program is run by the state and funded by the federal government. We were awarded 8.9 million dollars, one of the largest grants to a non-city municipality. It will cover 125 miles of new fiber optic line, reaching over 2,600 homes between the towns. These are unserved or underserved homes currently relying on dial up, DSL or are at speeds that are 25 mbps or lower. Their funds must be spent within 30 months and construction completed. On June 24 at noon at the Town Hall, there will be a formal announcement of the award and a celebration. It is expected that customers in the villages of Dryden and Freeville will be available in the next three to six months. Go to the Dryden Fiber website and sign up to be notified when service becomes available. Service is currently available to 292 parcels, or around 400 households. They expect to be at around 1400 parcels by the end of the summer. ADVISORY COMMITTEE UPDATES Conservation Board – They had an excellent meeting with thoughtful feedback for the upcoming zoning efforts. Rail Trail Task Force - The last two easements are at NYS DOT for approval and when they are in place the pedestrian bridge project will be ready to go out to bid. Recreation & Youth Commission – Supv Leifer thanked them for the work on the RFP. Ag Committee – There was no meeting. On motion made, seconded, and unanimously carried, the board moved to executive session at 9:24 p.m. to discuss the employment history of a particular individual. No action was taken and the meeting was adjourned at 10:00 p.m. Respectfully submitted, Bambi L. Avery Town Clerk