HomeMy WebLinkAboutTB 2024-09-12 TB 9-12-24
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TOWN OF DRYDEN
TOWN BOARD MEETING
September 12, 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
Other Town Staff: Ray Burger, Planning Director
*Cassie Byrnes, Secretary to the Supervisor
Amanda Anderson, Bookkeeper
Chris O’Connor, Fire Coordinator
Gina Cassidy, Planner
*Indicates attendance via Zoom
Supv Leifer opened the meeting at 6:02 p.m.
Financials & Human Resources
Abstract Approval
RESOLUTION #136 (2024) – ABSTRACT APPROVAL
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #9, as audited, general
vouchers #881 through #999 ($1,326,807.94), Special Grant Fund voucher #1 ($59,750.00),
and TA vouchers #38 through #41 ($7,266.42), totaling $1,393,824.36.
2nd Cl Dravis
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING (continued)
SPECIAL USE PERMIT APPLICATION
5 & 9 FREESE ROAD
At 6:05 p.m. Supv Leifer announced the continuation from last month of the public
hearing for a special use permit at 5 & 9 Freese Road. Ray Burger explained that the Planning
Board has reviewed and approved the site plan for this project. Because one building exceeds
the 5,000 maximum square footage limit specified in the Town Code, they require a special use
permit from the Town Board. The Planning Board has made a negative SEQR declaration and
recommends that the Town Board approve the Special Use Permit.
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Cl Lamb said the Planning Board did a good job vetting the project and getting answers
to their questions. The developers were forthright and responsive. It was a collaborative effort
and it is a relief to see this project come in and check so many boxes with respect to the
housing struggle that residents face.
There was a question about the requirement for a sidewalk on Dryden Road and the
expense to the developer. Adam Fishel of Marathon Engineering introduced his team and said
they will have sidewalks on Freese Road and along the frontage on Dryden Road. The sidewalk
is a code requirement. NYS DOT has not agreed to sidewalks within their right -of-way on
Dryden Road, and the proposal currently is to put the sidewalk inside the project. That will
result in those properties along Dryden Road losing five feet of yard space. INHS will be
responsible for snow removal. There are continuing conversations about putting it on DOT
property. The cost of the sidewalk to the developer is yet to be determined. It was noted the
sidewalk may connect to hiking trails on Cornell property.
Cl Lamb said this special use permit is for the size of the building according to our
code. However, the Varna Plan envisions a 10,000 sq ft building in that district. There is a
discrepancy between the Varna Plan and the Zoning Code. There isn’t a lot of difference
between this and two 5,000 sq ft buildings that might be ten feet apart. He will support this
proposal.
In response to a question, Cl Lamb said the Planning Board has vetted all questions on
the development. The matter before this board is the size of one of the buildings.
There were no further questions, and Supv Leifer closed the public hearing at 6:15 p.m.
The Workforce and Affordable Housing Committee has passed a resolution in support of
this project and Cl Dravis read the resolution:
Resolution recommending the Dryden Town Board grant a Special Use Permit to Ithaca
Neighborhood Housing Services, 5-9 Freese Road project, allowing building #1 floor area to
exceed Varna’s zoning code of a 5,000 square feet maximum.
Whereas, housing affordability remains a serious issue in Dryden with many residents
struggling to find available units that meet their needs and budgets.
Whereas, housing production targets established by the Tompkins County Housing Strategy
have fallen short due to high loan interest rates, labor shortages, and increased prices of
construction materials and labor.
Whereas, a key goal in the Dryden Comprehensive Plan is to ensure the construction of a
variety of denser, affordable housing choices for all Town residents, the plan also encourages
partnerships between the Town and not-for-profit organizations to accomplish this goal.
Whereas, the Freese Road project offers Town residents a variety of housing choices and will
help increase the County housing production goals.
Be it Resolved, the Town of Dryden, Affordable and Workforce Housing Committee
recommends, the Dryden Town Board grant a Special Use Permit to Ithaca Neighborhood
Housing Services, 5-9 Freese Road project, allowing building #1 floor area to exceed Varna’s
zoning code of a 5,000 square feet maximum.
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RESOLUTION #137 (2024) – Approving Special Use Permit for 5 & 9 Freese Road, Tax
Parcel #s 53.-1-3.2, 53.-1-3.7, 53.1-1-1, 53.1-1-2, 53.1-1-3, 53.1-1-4,
53.1-1-5, 53.1-1-6, 53.1-1-7, 53.1-1-8, 53.1-1-9, 53.1-1-10, 53.1-1-
11, 53.1-1-12, 53.1-1-13, 53.1-1-14, 53.1-1-15 and 53.1-1-16
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. On May 9, 2024, Ithaca Neighborhood Housing Services (INHS) submitted to the
Planning Department an application for Site Plan approval and a Special Use Permit
for a housing development project in the Varna Hamlet Mixed-Use zoning district at 5
& 9 Freese Road, Tax Parcels 53.-1-3.2, 53.-1-3.7, 53.1-1-1, 53.1-1-2, 53.1-1-3,
53.1-1-4, 53.1-1-5, 53.1-1-6, 53.1-1-7, 53.1-1-8, 53.1-1-9, 53.1-1-10, 53.1-1-11,
53.1-1-12, 53.1-1-13, 53.1-1-14, 53.1-1-15 and 53.1-1-16 (to be consolidated into
two parcels); and
B. The application was supplemented on July 12 and August 8, 2024; and
C. A Special Use Permit is required to allow construction of a building that exceeds the
5,000 sq ft limit specified in Town of Dryden Code (hereinafter “Code”) §270 -7.3 C.
(1); and
D. The Town Board has reviewed this application relative to the considerations and
standards found in Code §270-7 for the Varna Hamlet Mixed-Use zoning district, §270-
11 for site plan review and §270-12 for Special Use Permit; and
E. The Town Board considers that the application is substantially complete and in
conformance with the requirements of the Code; and
F. A public hearing was held on September 12, 2024 with public comments registered
in the meeting minutes and considered by the Town Board; and
G. The Tompkins County Planning Department has reviewed the application pursuant
to §239 -l, -m, and -n of the New York State General Municipal Law and determined
that the proposed action will have no significant county -wide or inter-community
impacts; and
H. The Stormwater Management Officer has reviewed the proposal and concluded that
a Stormwater Pollution Prevention Plan (SWPPP) is necessary, and applicant is
working on finalizing and obtaining approval for such plan; and
I. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, the Planning Board of the Town of
Dryden, on August 22, 2024, made a negative declaration of environmental significance,
after having reviewed and accepted as adequate the Full Environmental Assessment
Form Parts 1, 2, and 3, and
J. On August 22, 2024, the Planning Board granted approval for the site plan and
recommended that the Town Board approve this Special Use Permit.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
a. 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: The
proposed use is compatible with the other permitted uses in the Varna Hamlet Mixed-
Use zoning district and compatible with the Town of Dryden Comprehensive Plan,
b. The proposed use is compatible with adjoining properties and with the natural and
manmade environment,
c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate,
d. The overall impact on the site and its surroundings considering the environmental,
social and economic impacts of traffic, noise, dust, odors, release of harmful
substances, solid waste disposal, glare, or any other nuisances have been considered
and found to be negligible,
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 Varna Hamlet Mixed-Use zoning district to the maximum extent practicable.
1. The Town Board, finding that the applicant is in compliance with all other provisions of
the Code and other applicable ordinances, approves this Special Use Permit to allow
construction of a building greater than 5,000 sq ft at 5 and 9 Freese Road with th e
Town of Dryden Standard Conditions of Approval as amended August 14, 2008.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
There is a proposed Payment in Lieu of Taxes Agreement for this project that provides
for a 30-year term with an initial amount of $32,213 per year. Subsequent amounts will be
determined as provided in the agreement. The town has contributed $50,000 through the
housing fund. Cl Lamb said the land has been vacant for a long time and there is a need.
INHS is pursuing the PILOT in order to have a financially viable project for the long -term. It is
likely the project would not be able to move forward without the PILOT agreement.
RESOLUTION #138 (2024) - Authorization of PILOT Agreement with entities to be formed
by Ithaca Neighborhood Housing Services for property located at 9 Freese Road
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, Ithaca Neighborhood Housing Services (INHS) requested the Town of Dryden (Town)
enter into a Payment in Lieu of Tax Agreement (PILOT) for the rental portion only of a
redevelopment of 9 Freese Road, at the corner of Freese Road and Dryden Road in the Hamlet of
Varna, into affordable rental units (the Project); and
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WHEREAS, INHS will form a housing development fund company and limited liability company
to own and operate the Project; and
WHEREAS, the Town is satisfied that if developed as presented, then the housing development
fund company will be eligible for a tax exemption pursuant to New York State Private Housing
Finance Law Section 577; and
WHEREAS, pursuant to PHFL Section 577, the local legislative body of a municipality may
exempt the real property of a housing project of a housing development fund company from local
and municipal taxes, including school taxes, other than assessments for local improvements, to
the extent of all or a part of the value of the property included in the completed Project;
NOW THEREFORE BE IT RESOLVED:
1. The Town Board of the Town of Dryden hereby authorizes and approves the execution of
an Agreement for Payment in Lieu of Taxes (PILOT) in substantially the form annexed
hereto as Exhibit A (a copy of which is available for inspection at the Office of the C lerk
of the Town of Dryden, 93 East Main Street, Dryden, New York 13053), with a housing
development fund company and limited liability company to be formed by Ithaca
Neighborhood Housing Services, for the rental portion only of a redevelopment of 9 Freese
Road, at the corner of Freese Road and Dryden Road in the Hamlet of Varna, into
affordable rental units, which will have the effect of exempting from local and municipal
taxes, other than assessments for local improvements, one hundred percent (100%) of
the value of the Project, including both land and improvements levied by Tompkins
County (County), the Town of Dryden (Town), the Dryden Central School District (School
District) and/or other taxing jurisdictions.
2. The Supervisor of the Town of Dryden is hereby authorized to execute and acknowledge
on behalf of the Town said Agreement, and such other and further documents and
instruments as necessary to give full force and effect to the purposes and intents of this
resolution.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
FIRE COORDINATOR
Chris O’Connor has been keeping the board informed on a variety of topics via email.
Board members had no questions.
DISCUSSION/ACTION ITEMS
Standard Work Day Reporting
Resolution #139 (2024) - Establish Standard Work Day and Reporting
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that the Town of Dryden hereby establishes the following as standard work days
for elected officials and will report the following days worked to the New York State and Local
Employees’ Retirement System based on the record of activities maintain ed and submitted by
these officials to the clerk of this body:
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Title Name
Standard
work day
(hrs/day)
Current
term
begins/ends
Participates
in
employer's
time
keeping
system Y/N
Record of
Activities
Results
Town Clerk Bambi Avery 8
1/1/2024 to
12/31/2027 N 21.58
2nd Cl Dravis
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Buck Yes
Cl Lamb Yes
Supv Leifer Yes
Proposed Local Law – The following local law was introduced and a public hearing set
for October 10, 2024, at 6:05 p.m. Supv Leifer stated that all special districts are included
when calculating whether the town will exceed the tax levy cap.
Section 1. Legislative Intent: It is the intent of this local law to override the limit on
the amount of real property taxes that may be levied by the Town of Dryden, County of
Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County
of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c)
any other special or improvement district, and Town improvements provided pursuant to
Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1,
2025 and ending December 31, 2025 that requires a real property tax levy in excess of the
“tax levy limit” as defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit
by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town
Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden,
County of Tompkins is hereby authorized to adopt a budget for the fiscal year 202 5 that
requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of
this Local Law or the application thereof to any person, firm or corporation, or circumstance,
shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this
Local Law or in its application to the person, individual, firm or corporation or circumstance,
directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing
with the Secretary of State.
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Climate Smart Communities Task Force – Alice Green said the task force has earned
enough points through promoting the use of heat pumps in the town and been awarded
another $10,000. The funds can only be spent on actions that will have a high impact on the
town’s reduction of greenhouse gases. The DPW staff had indicated a willingness to further
electrify their fleet and the task force proposes the funds be put toward installation of an EV
charging station at the DPW building.
RESOLUTION #140 (2024) - AUTHORIZING THE PURCHASE AND INSTALLATION OF AN
ELECTRIC VEHICLE CHARGING STATION AT THE DPW GARAGE
Cl Dravis offered the following resolution and asked for its adoption:
WHEREAS, since 2018 the Town of Dryden has participated in the Clean Energy Community
program, in which the New York State Energy Research and Development Authority
(NYSERDA) awards grants for municipal actions to reduce greenhouse gas (GHG) emissions;
and
WHEREAS this summer the Town earned a $10,000 NYSERDA grant for completing a second
successful Clean Heat and Cooling Community Campaign, by promoting and documenting
installation of air source or geothermal heat pumps and/or heat pump hot water heaters
within Dryden, and
WHEREAS this new grant brings the total earned by the Town in the Clean Energy
Communities program to more than $140,000, which has been earmarked for projects such as
insulation and electrification of the DPW office building, and adding a plug-in hybrid vehicle
(EV) to the town fleet, and
WHEREAS NYSERDA grants to municipalities must be spent on actions which can reduce
GHG emissions, and
WHEREAS the Town of Dryden Climate Action Plan, adopted as part of the 2022 update to the
Town’s Comprehensive Plan, calls for a reduction of GHG emissions from municipal operations;
and
WHEREAS the town highway department wishes to reduce DPW fleet emissions by replacing
gas fueled trucks with electric vehicles when possible, and Dryden’s Bronze Level Climate
Smart Community certification may provide discounts on the purchase of EV trucks , and
WHEREAS new electric truck(s) will require dedicated charging capability at the highway
garage, closer to the hub of operations than the existing public charging station at town hall,
and
WHEREAS purchase and installation of a Level Two, dual-port electric vehicle charging station
is a pre-approved use of this NYSERDA grant, at a cost expected to fall within the grant
amount; and
WHEREAS on Aug. 20, 2024 the Climate Smart/Clean Energy Communities Task Force
unanimously recommended spending the $10,000 grant for the purchase and installation of an
EV charging station at the DPW garage, now
THEREFORE, BE IT RESOLVED, that the Dryden Town Board authorizes the Town Supervisor
to enter a contract with NYSERDA to commit the $10,000 grant for the purchase and
installation of an EV charging station at the DPW garage dedicated to their use.
2nd Supv Leifer
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Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
There is a proposed resolution to accept a revised bid for heat pumps at the DPW office
building.
Resolution #141 (2024) - Authorize a Contract with ACE HVAC Groton for Installation of
Heat Pumps at the Town of Dryden DPW Office Building
Cl Dravis offered the following resolution and asked for its adoption:
WHEREAS a low bid of $29,500, for installation of heat pumps at the Dryden DPW office
building, was received from ACE HVAC of Groton in May 2023, and
WHEREAS the town earned a $30,000 no-match NYSERDA grant from the Clean Energy
Community program (CEC) which was earmarked towards the cost of heat pump installation,
and
WHEREAS the town subsequently received a $70,000 grant from the CEC program which was
allocated for weatherization and sealing the envelop of the office building, and
WHEREAS the preferred order for energy retrofits is to insulate and weatherize buildings first,
and
WHEREAS the town decided to contract for the weatherization work first and to postpone the
heat pump installation until after the exterior work was in place, and
WHEREAS the insulation work is finally underway, and needs to be coordinated with the heat
pump installation exterior equipment, and
WHEREAS ACE HVAC submitted a revised bid of $34,408, reflecting three rises in equipment
costs since the earlier bid 15 months earlier, and
WHEREAS the town wishes to complete the DPW energy upgrade, now
THEREFORE, BE IT RESOLVED, that the Dryden Town Board authorizes the contract with
ACE HVAC of Groton and payment of the costs of heat pump installation according to the
schedule in the contract.
2nd Supv Leifer
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Code Enforcement Contract – The board reviewed a proposed code enforcement
contract with the Village of Dryden. Supv Leifer said this takes into account a $10,000
increase over the next two years with part of the $10,000 increase in each year. It also
accounts for the amount the town paid for settlement of a lawsuit regarding a village property.
The amount for this contract is $41,000 to be paid in twelv e installments.
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RESOLUTION #142 (2024) – AUTHORIZE CONTRACT WITH VILLAGE OF DRYDEN
FOR CODE ENFORCEMENT SERVICES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves a contract to provide code
enforcement services for the village of Dryden from June 1, 2024, to May 31, 2025, at a total
cost of $41,000, and the Supervisor is authorized to execute the same.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Membership for Rail Trail Task Force – Cl Lamb said the task force has made plans
for reorganization since Bob Beck’s passing and would like to increase the number of members
from nine to eleven. The proposed resolution to do that also removes the requirement that
members serve on certain other town committees.
RESOLUTION #143 (2024) – AMEND RESOLUTION #86 OF 2016 REGARDING THE
RAIL TRAIL TASK FORCE
Cl Lamb offered the following resolution and asked for its adoption:
Whereas, the Dryden Rail Trail Task Force has reorganized due to the passing of its founding
Chairperson, Bob Beck,
Whereas, the Dryden Rail Trail Task Force has formally requested that the Dryden Town Board
raise the number of its Task Force’s voting members, from nine to eleven, and remove the
requirement that Task Force members serve on certain Town advisory committees, now
Therefore, be it resolved that the Rail Trail Task Force shall include eleven voting members who
are town residents. Service on another Town Advisory Committee is no longer a requirement
for appointment to the Rail Trail Task Force.
2nd Cl Dravis
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Climate Smart Appointment – The board considered the application of Sawyer
Dickinson for appointment to the Climate Smart Communities Task Force.
RESOLUTION #144 (2024) – APPOINT CLIMATE SMART MEMBER – DICKINSON
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Sawyer Dickinson to the Climate
Smart Task Force.
2nd Cl Lamb
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Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Alice Green introduced Sawyer Dickinson and Hunter Barlow who are members of the
Dryden High School Sustainability Club. That club has had a relationship with the Climate
Smart Communities Task Force since 2019. Students who serve on the Climate Smart T ask
Force are voting members. They have a history of support for the actions taken by the town.
For example, they have researched and promoted the stretch energy code and they helped to
pass the climate action plan. Climate Smart participated in helping the high school install an
EV charging station. They have a project going on now to create a pilot demonstration project
pollinator friendly environment at Dryden High School. She thanked the board for its support
of the task force and its willingness to include these students as members of the task force.
Fire Department Strategic Plans – Representatives of Etna Volunteer Fire
Department, Neptune Fire Department, WB Strong Fire Department and Varna Fire
Department presented the strategic plan developed by each department and discussed them
with the Board.
Next week’s agenda will include a public hearing on rail trail easements from the
Villages of Freeville and Dryden. The Morris Road solar project matter has been postponed
until October 17. There will be a presentation by Lifelong Services.
Members of the committee that reviewed the RFPs from consultants to develop a plan
for use of the lands behind town hall were present. Leslie Debo, DRYC Chair, reported that one
of the consultants raised concerns about the type of wetlands present on the property and the
ability to honor the agreement for a right-of-way for the road. Because they are type 1
wetlands, it would be very hard to get approvals and would be very expensive. Mitigation
efforts would be difficult. There are several acres with road frontage that would be usable, but
the road right-of-way easement is a concern. There is space for ball fields.
This means they will be looking at a smaller project and they asked if the RFP should be
amended and it was decided that should happen and a new RFP can be released. L Debo will
develop and share a new proposal that will be reposted.
At 8:27 p.m. on motion made, seconded, and carried, the board moved into executive
session to discuss a contract. No action was taken the meeting was adjourned at 8:41 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk