Loading...
HomeMy WebLinkAbout1989-05-17 TOWN BOARD MEETINLI MAY 17 , 1989 Minutes of the Board meeting held May 17th Supv Schug called the meeting to order at 12 noon Roll call was by the Town Clerk Present a Supv Schug4 Clm Evans , Clm Hatfield , Clw Walbridge and Rtty Perkins Absent : Cl ri Garlock APPROVAL OF THE MINUTES ; Motion was made by Elm Evanss and 2nd by Clm Hatfield that the minutes of the Board meeting held 4 - 11 - B9 be approved as RESOLUTION 4136 APPOINT REPRESEN 'T' r , T I E rQ EMV ! RONIIENTfL,II MANAGEMENT COUNCIL Clm Evans offered the following resolution and asked for its adoption ; RESOLVED , that this Town Board appoint Jane Miller as the Town of Dryden representative to the Environmental Management Council to replace Steve Landau 2nd Clm Hatfield Ron call vote - all voting Yes The Town Board members than listened to Margaret Fabr° i : 1 '_' and the concerns for Fall Creek recreation area along Pall Creek . Adjourned : 1 0 15Pl ..----kire-elale-r-rc- • art Susanne Lloyd Town Clerk TOWN BOARD MEETING MAY 23 , 1989 VARNA COMMUNITY CENTER PUBLIC HEARING ZONING & MDX) JEE HOME ORDINANCE AMENDMENTS S upv Schug called the public hearing to order at 5 2 PM S upv Schug read ths notice that was published in the newspaper concerning the proposed amendments to the mobile home ordinance . ( copy of notice in minute book ) QUESTIONS AND / OR COMMENT - none Closed public hearing PUBLIC HEARING PROPOSED LOCAL. L. PW # 2A- 1989 SEWER RENT LAW FOR DRYDEN SEWER DIST 0 Supv Befog c_ ::}. 1ied the public hear' i, ng to order at 5045PM S upv Schug read the notice that wts published in the newspaper to consider a proposed ]. ',' ca. 1 law establishing the Sewer Rent Law for Dryden Sewer er^ Dist *2 in the Town of Dryden ( copy in minute book ) QUESTIONS AND / OR COMMENTS - none Closed public hearing TOWN BOARD MEETING RESC1LUT ): OIL 41366 ADOPT _. Zi) NIN [_„-_& MOItILFaFlOME, ORDINANCE _fIIL NDN NTS -- G iro Evans offered the following resolution and asked for its < d '3ption2 RESOLVED ; ( copy in minute book ) 2nd Clrn Garlock Roil call vote - all voting Yes 4, • ' RP: SOLU'1I O ! (+ 1, 3G Ap{ 11 ''1' ZONING &. MOBILE HOME OFtDf. NANCL AMENDMENTS S Cl.in Evans ntIerdd the following resalur ;i. on and ciskerl For its adoption : fESOLVED • t 1 . the Town of Dryden P1ciL i, In Homo On , ] I , Y .1 , hc' r i !r1 rnnlrtZ7cl ns follows : An .I ' .! {v1 , 1? 1 , [ ; 1 : IJT` ICfhlr i {; lir4t r, ] ry ;uri : 1 , JCt {,l kiy ✓ ernuIlibberS [ 19 Ste Llorr 102 ( , 1 ) ;-ti C4 SC1/4c-.1 1011 102 , ;T1 { : , 1 Mob Ire Ti .010 tinci by ncicliric i: Irr• r- 71,; e, ;a rlriw rHrhr: ,zclr .tlrlr ( lo ) T10ir — { ' cir1Ct} r' ini. 1rc_x Mobile Howls R to read c ,l , 1 owr. • - ( It 1 Non - C: ou o nub I1r? 11 0ii10. ." , h !qt. r loc2 r 11icTi wc1ul , 1 k r± r inO1 > i .l. Fj:1; Ii {51110 fir, Iir- reiir dr. f• Int+ rl c. xnr2, 111: i•. iiUtl- • i ! :' l. rick " tlir' certif -iUcral: a. ,o; ri recmtu .ir, r tl 1 ) }r r: 11 c • T.lntl _ r~ tl k: ,7itn ! . IPcfnr Linen t of Tioil r .t in Siiic1 UJrl.rnii 17rFtichtcai . 11Lr I1 t ;Ind / nu i t [J ( rr? !'; n oL comply with the Nnt: iL! IYs11 {'I ,'tcrhrl' r, cl:. hlrr' d Ilcalrr~ I;:r7 , Yr, k_ r - ricI' inri and `1flfety 1.; t ;tsr ,Zr-trl ; r, 1ls�rl. 1 lrri- cr' r ' rt, l F- cF z !; n " i , hYiY - c. , + rifr.5rnhi. lrg mob ,iI !? Irornc " • ARTICLE{-_ ] , I , 1 I : 111 `, 1 ' 1-, ( : ' 1 ' 1 { rIr NIP r : III L1nt : I •; rt ]'; rIT in 1ori ;: c', l , yr 1 (1711clod by add rii { r) IiC' W r ; u kirzr` r._ C- i r_u ( t , I to i + r . h : l . i on 201 tr, r r • lfr-1 af:3 fot l, ow : ( ' } Now - r li r [ , p in I r1 IY1� 5kYl 1 �` IYf iii F1 ,i 1. r + 11r1 C . I .11:2 I L• Lcd i n shr } y 7s 1a " .1 11 thin '1 `, a •.,• FY ra r 111 }' t1 + • r1 , 1 7 The ' 1 ' {1411 t , F T7 r: ' r. 1r ! 11 2r :Yfl rrr r. i c11 • rri 11 ; 4 Ii r • , i riii rI � l 11 rr f ol_ l Pw3 t T11 { ' 1 ' 1 C1. 11:: 1 r .r. . DP:11. r1J I ' I ' r ,' t 1 .! r rib : h1iur_' rirlr' h1 . 1. 1y n umbering Min Cir ' SL I . wi, IY. hi - al / r ' ,ak lrlr ' - . i ' ; ; ; ft t i + 111 . } i1 ( ] anti Section 301 and by rICJCl1r ) 4r L11eLnLo ; h nnw SreLiun 302 ae.:1 fellows ; &pc: IA on 30 : . c; i, {v k: i on !" 1. 1 ) -e! 1 f ;1 ) :tli tl 1. 1 ) 2 { , r 1 ( Fa } ( I1c2 [ in .1, 'Li [ t1 . : f CII ./ .i ]- ^ TI {,}11147' 71 11ri 1 ; 011 r ; u r' { rrIIEi f11 ., 11i1 • i 114 +r11aI ,; r T; h '1' owrr c+ 1 1 } t- }rtJc: it 1•lc', Ib i I r 110 11 ' r Curl ihs .1IYc.: r. ' 7 _ 11n 1 1 ;ilIlrly [ AP (: 1 , i �, Ordinance _ ' ANTI CUE }; . M011 I. r , r• Purl Fan i '; Iir ' i • l.'U1 , }' ;hr1i +-Unr11111 by fWIIItug a new ! c9-: Lictil lO0 3 i, s , r • rirt ILI I i { , 4r ;•: . Srlc- Lior , 1 11LI Dohs - Con rriTY1h .ilie" IYn1i1i11-• Fir • r, hc' n rnr �+ 7hcrr, 1' YC t• ru 1 IL Led ill nity 70 rti ;l 111 i . ii +- Town or I11 ' ;,' elr' ir C• u +:, ,, [ it an ail cnt; riLiji s+ aped non -- ccpilfctr, ln i ] l ? r 1 ] R (' . J1 born- cold - Yr11l i 114i ii +;3ksi. ] h h o o l n r+ y r . c t tx a ' tr514 .ed tip l. F r } lr1c o anit:rr . Irr ' r ri � ar1 - ,• t.rrYfrarin ,iiFti mobile hornc . This. amC; rh (l1 cFn I. shalt ( !4 Uric IL f I . r r 1 } hF1rI i .i I:, i , its ;hri +. 1 as provided by 1r-tw .. ' 2nd Cam Garlock 1 OJU ]r ca11. vote - n ,1, ], voting, Yes 1101 , . NOTICE OF PUBLIC HEARING ZONING AND MOBILE HOME ORDINANCE AMENDMENTS TOWN OF DRYDEN PLEASE TAKE NOTICE that the Town Board of the Town of D ryden will hold a public hearing on proposed amendments to t he Town of Dryden Zoning Ordinance . The proposed amendments are as follows : 1 . The Town of Dryden Mobile Home Ordinance is amended as follows : ARTICLE I . GENERAL is hereby amended by ✓ enumbering Section 102 ( 3 ) as Section 102 ; J. ) ( •a ) . Mobile Home - and by adding thereto a new paragraph ( b ) Non - Conforming Mobile Homes - to read as follows : ( b ) Non - Conforming Mobile Homes . A structure w hich would be a mobile home as herein defined except that it lacks the certification required by the United States D epartment of Housing and Urban Development and / or it does n ot comply with the National Manufactured Home Construction and Safety Standards shall referred to as a " non - conforming mobile home . - ARTICLE II : INSPECTION AND ENFORCEMENT is hereby amended by adding a new subsection ( C ) to Section 201 to ✓ ead as follows : ( C ) Non - conforming mobile homes are not permitted in any zone in the Town of Dryden . 2 . The Town of Dryden Zoning Ordinance is amended as follows : ARTICLE III . DEFINITIONS is hereby amended by n umbering the first two paragraphs as Section 300 and Section 301 and by adding thereto a new Section 302 as follows: Section 302 . Sections 102 ( 41 ) ( a ) and 102 ( J ) ( b ) ( Definitions : Mobile Home and Non - Conforming Mobile Home ) of the Town of Dryden Mobile Home Ordinance shall apply to this O rdinance . ARTICLE X . MOBILE HOMES is hereby amended by adding a new Section 1003 to read as follows ; Section 1003 . Non - Conforming mobile homes are not permitted in any zone in the Town of Dryden except as an e stablished non - conforming use . A non - conforming mobile home may not toe used to replace another non - conforming mobile home . This amendment shall take effect after publication and as provided by law . The public hearing on the proposed amendment will be h eld at 5 : 30 P . M . prevailing time at the varna Community Center , 943 Dryden ? aad , Varna , New York , on May 23 , 19891 at which time interested parties will be heard . Susanne Lloyd Town Clerk NOTICE: OF ADOPTION ZONING AND MOBILE: BOM2 ORDINANCE AMENDMENTS TOWN OF DRYDEN PLEASE TAKE NOTICE that at a special meeting of the Town Board of the - Town of Dryden , Tompkins County , New York , held on May 23 , 1989 the Towns of Dryden Zoning Ordinance . was amended . The amendment of such Ordinance which was amended to read as follows : - 1 . The Town of Dryden Mobile Home Ordinance is amended as follows : ARTICLE 1 . GENERAL is hereby amended by renumbering Section 102 ( 3 ) as Section 10 ; J ) ( a ) Mobile Home - and by adding . thereto a new paragraph ( b ) Non - Conforming Mobile Homes - to read as follows ; ( b ) Non - Conforming Mobile Homes . A structure which would be a % mobile home as herein defined except that its lacks the certification required by the United States Department of Housing and Urban Development and/ or, it does not comply with the National Manufactured Home Construction and . Safety Standards shall referred to as a " non -- conforming mobile home " . ARTICLE . II : INSPECTION AND ENFORCEMENT is hereby • amended by adding a new subsection ( C ) to Section 201 to 4 il ' read as follows : ( C ) Non - conforming mobile homes are not permitted in any aline in the Town of Dryden . • 2 . The Town of Dryden Zoning Ordinance is amended as follows ARTICLE I11 . DEFINITIONS is hereby amended by numbering the first two paragraphs as Section 300 and Section 301 and by adding thereto a new Section 302 as follows : Section 302 . Sections 102 ( J ) Ca ) and 102 ( 3 ) { b } ( Definitions : Mobile Home and Non - Conforming Mobile Rome ) of the Town of Dryden Mobile Home Ordinance shall apply to this Ordinance . . ARTICLE )C . MOBILE HOMES is hereby amended by adding a new Section 1003 to read as follows : Section 1003 . Ton - Conforming mobile homes are not . permitted in any zone in the Town of Dryden except as an established non - conforming use . A non - conforming mobile home may not be ' used to replace another non - conforming • mobile home . i This amendment shall take effect after publication and as provider] by law . By order of the Town Board Susanne Lloyd Dryden Toun Cleric • dd� 5 - 23 •- 89 page 2 RESOLUT I ON #i_ 137 ADOPT LOCPL. LAW # 2 - 1989 ESTABLISHING THE SEWER RENT LAW FOR -_. DRYDEN SEWER DISTRICT #d2_ _.. Clm Garlock offered the following Local Law # 2- 1989 and asked for its adoption : ( copy in minute book ) 2nd Clrn Evans Roll call vote •-- all voting Yes PUBLIC HEARING MAY 23 , 1939 Richard Hutchens & Associates S upv Schug called the public hearing to order at 6 : 00PM S upv Schug read the notice that was published in the newspaper to consider the application of Richard Hutchens & Assoc of 274 Delaware Ay , Buffalo , N Y to construct by special permit 21 structures consisting of 71 ( 4 ) bedroom dwelling units at or about 38 Mt Pleasant Rd , Ithaca , NY Q UESTIONS AND / © R COMMENTS Richard Hutchens -- the location is on Mt Pleasant Rd at the top of the hill . There will be a total of 70 apartments and one bedroom apartment for the officer manager . There will be a la '.tndromat for the project use and one unit for janitorial and yard supplies . Every apartment is either a 2 , 3 or 4 bedroom unit . Mr . Frances Isenberg , 68 Turkey Hill Rd •-- wanted to know how he had planned on getting all of the people on to Route 366 at Mt Pleasant Rd „ There will be a grid lock that you have never thought of . He drives this road all the time and you plan on having 280 cars adding to this traffic problem . O Richard Hutchens - first of all you will average 44 people to a car and there is also bus service that goes by this corner of Mt Pleasant and Rt 366 . Frances Isenberg , wanted to know if he has ever tried t o come down Mt Pleasant Rd in the winter time ? Mr . Harry Kesten , 35 Turkey Hi 11 Rd -- wanted to know how many units he was planning on in the phase 2 Richard Hutchens - he was not planning on any at this time . H arry Kesten , .- it says approximate completion date of final phase , Sept . 1990 on the plans submitted to the Town Board . In multi phase ( 2 phases ) phase one 71 units , phase two 71 units . ® Richard Hutchens --- it depends upon the market , and this is a typing error . There are no plans that have even been developed yet for utilizing that land that is available . n � 1 1 Statement of Opposition to Development of the Clark Property by Cardinal Homes for Direct Sale Student Housing Prepared by the Turkey Hill Community Association May 23 , 1989 As residence of Turkey Hill Ind, and landowners with properties adjoining or close to the proposed 277 bed aparlrnent complex on Mount Pleasant Rd. , we. wish to state our opposition to both the nature of the proposal and the lack of planning kind community input to the development process . In his plans, the developer has shown either a misunderstanding of the existing setting or worse, a disregard l`or both the present character of the site.ancl the needs of the town and County. For example, the site plan depicts a tractor trailer traveling down Mount Pleasant Rd. . inkkmous as sleep, narrow and often impassable in winter.. Such a clear misconception is evidence of failure to understand the nature of the site and surrounding community and raises questions about the developer's ability or inclination to appropriately develop the site_ We hyvc the following specific concerns , The Proposed Development : Need for Thorough Environmental, Review This is a large , high density development out of character with the surrounding rural/residential landscape. The development is proposed in two stages . The first stage is slated to begin in May, 1989 with a 277 bed apartment complex. The second stage is slated to begin in May, 1990 and is rumored to expand the sage 1 facility to capacity of 600 occupants. We maintain that the project be considered in loin. To separate the project into two parts is to ignore the cumulative impact of a large, high density project. We further request that independent environmental impart studies be prepared by the developer and the Town of Dryden. Existing Landscape Vegetation and load two. The present site consists of approximately 8 acres of active agricultural field and 22 acres of woodland. The pasture and hay held which comprises the area designated in the phase one development is hi the process of being mowed as of 22 May, 1989 _ The remaining woodland was logged For all oaks in excess of 14 inches dbh (diameter breast height) within the past live years. The timber sale removal perhaps 809 of the overstwry canopy, leaving the iwwaining sma] ]e:r trees and less valuable species, The existing character is definitely that of a woodland. The developer's characterization of the site's vegetation as "meadow and brush field " inn isrepresents its character. In addition to the hay operation , it is currently used by local hunters with the permission of the runner owner, Bill Clark, The abandoned railroad grade bounding the west side of the property is a popular trail for joggers and cross country skiers_ The woodland is dissected by two knajor stream systems which flow in deeply incised ravines. At the west side of We properly adjacent to the railroad grade, these ravines widen into Seasonally hooded riparian swamps, gore and PoWoyorcd S tars, Any development which proposes to clear woodland or other areas under natural vegetation should conduct a biotic inventory of Pu rite with special attention to occurrence of rare and endangered plants and animals, The State of New York maintains a list of threatened species which should serve as a guide, At present, Were is nothing in the formal record to indicate that a biotic inventory has been conducted _ Pot there are known populations of acre plant species to habitats not unlike the Clark tract within one and one half miles of the site. Sods, The Tompkins County Soil Survey prepared in 1911d by the Soil Conservation Service identifies four soil major types occur on the sip , Darien gravelly silt loam (tgO) . Rhinebeck silt learn (R.PB) . Bath and Valois gravelly silt loam (13gD) , and Ovid silty clay loam {0003}. In addition , independent inspec:uon suggests that small pockets of organic soil , probably Ivladalin mucky silt clay loam (lv1m) , are present in the riparian ravines , The Darien and Rhinebeck soil fat [ in capability group III w-4, that is, soils that have severe limitations because of excess water. The Rhinebeck soil is also highly erWodie , is unsuited for cuts and fills , and has low bearing capacity. The BalftiValois and Ovid soils have severe limitations due to high erosion potential. To our knowledge, these constraints have not been addressed and may have been deliberately obscured by the developer_ Personal communication with tltc Dryden Town Board indicates that �� the developer has suited that all soils on the silo are well drained_ In view of the potential sail constraints r 2 on development, we recommend that a detailed[ soil survey be conducted as part of the environmental impact study . D ensity The proposed density of approximately 35 residents per acre far exceeds that of the adjacent residential zone and eliminates the existing open spacer buller between this zone and the commercial none on Route 366. The proposed density exceeds all but the apartment developments surrounding Cornell and is is grossly out of character with existing development on Turkey Hill Rd. , Mount Pleasant Rd . and even the commercial and trader court development on Route 366. Maximum density on adjoining residential. properties en Turkey Hill Rd. is 3 residents per acre. One of the major housing shortfalls in Tompkins County is dwellings for young families which includes married students. it is shortsighted to not recognize [his need and illegal to exclude families as tenants. Community open spaces, including playgrounds, outdoor seating, picnic tables, lennis courts and playing fields are necessary components of any large multi-family development. It is not as though them is insufficient room for both active and passive open space; the site includes over 32 acres o f design opportunities. The explicitly designed green space in the proposal is totally inadequate, consisting of a "landscaped mound" at the entrance and 14 9' x 20"' landscape islands" surrounded by 2.7 acres of parking space. Though existing trees are depicted around the margin of the phase one site, no truss or shrubs are shown in the interior. Even the notoriously inadequate Hasbrouck married student housing on the Cornell campus has landscape trees, picnic tables and a community center. The proposed development snows no indication of providing amenities required for a minimally humane, let alone high quality residential environment Any proposed development should provide landscaping, open Space, recreational facilities and a community building consistent with our present understanding of community need. Demographics of the Adjacent Community The present neighborhood is afawily dominated , single dwelling unit, residential and agricultural community, The age span or the residents is from under 2 to over 62 years . This serendipitous condition is often sought but rarely achieved even in planned communities. One has only to attend a soup and salad supper sponsored by the Tarns Community Association to appreciate the cultural and ago diversity present in the community . Any proposed development should be designed to preserve and complement the existing demographic patterns, not swamp the community with 600 single adults between the ages of 16 and 25. D ay Care Facilities Given the inevitable presence of families with student/working parents as tenants, it is necessary to recognize that day cam is critically short in Tompkins County, Not only is outdoor play space lacking in the current design , there is no community bui [ding suitable for on site, neighborhood day care or other community activities. Certainly any single apartment unit would not be appropriate: as a day cam facility, Space for on-site day care should be a mandatory provision of any multi-family development. D rainage Them are appraximatcly 1 .2 acres of roof and 2.7 acres of pavement in the proposed development, In other words, approximately half of the proposed stage I project will be either pavement or rooftops. These 4, 1 acres of impervious surface will contribute runoff, Where will the runoff be directed? Parking lot runoff is known to be high in heavy muudls, asbestos and petrochemicals, Unless the nmaff is impounded and evaporated on site or directed into the sanitary sewer, it is hard to imagine. how such a toxic brew could be prevented from entering Fall Creek . Fall Prwek servos as the water supply for Cornell and must be protected , Additionally , Pall Greek as far upstream as ddonkey Rum is under consideration as a Mild and Scenic River, Any planned discharge into the creek must be considusup in light of this pendingr action , T' ra [fie The only access to the proposed development is train Mount Pleasant Rd. This mad exceeds a 10% grade in two Iocations and has restricted visibility, especially at the intersection with Turkey Hill Rd . With explicit • 3 provision for 280 cars in stage I and presumably a similar number scheduled for stage II, it is clear that traffic will increase eIrairnaticaally in the Turkey I-Ii11 neighborhood . Both the Turkey Hill and Mount Pleasant intersections with Route 366 are congested during the AM and PM rush hours and the Varna grade is the site of frequent accidents. Almost certainly the proposed development will necessitate traffic lights at one or both inter x:tons to allow safe access from the side roads. What will be the effects of interrupted traffic flow on Route 366, especially during winter snow storms? Communication with the Dryden Zoning officer indicates that the developer maintains that the project will have no impact on traffic, We maintain that this is patently incorrect and that a quite severe traffic problem will result. This off-site impact should be thoroughly examined in the EIS . Noise Noise pollution is an unavoidable consequence of high density student housing . Combined with the noise generated by automobiles , the noise levels will undoubtedly increase on Turkey Hill. Rd . This will result its a considerable nuisance to the elderly residents of Turkey Hill especially, Setbacks, noise screens and indoor recreational facilities arc among the mitigating feature which should he included in a development package. Solid Waste The Town of Dryden has been the historic clumping ground for Tompkins County and is thus acutely aware of the need for recycling of as much solid waste as possible to reduce the need and extend the life of landfills, An apartment complex of this magnitude provides ideal opportunities for on site collection and sorting of recyclable-s• it is especially crucial that such facilities be provided in areas such as Turkey I•Iill which are not served by municipal curbside recycling programs. We suggest that all new apartment development in Nrgdea incorporate: recycling into their design and management. Let any tram apartment development on Turkey Hill be a state-of- the-art example of recycling instead of another missed opportunity , Public Safety The burden of fire and police protection in the Varna area will fall heavily on the sheriff tLsd Varna Volunteer Fite and Rescue. Yet until lust week, neither of these public service agencies were aware of the project. The latter group is already chronically short of volunteers. How does the developer propose to achieve an adequate level of protection far both his bevcloglaant and the existing community? Active input from both the sheriff and the fire department Should be sought throughout the planning process. Alternatives to the Proposed Ration The Turkey Mill Community strongly asserts that once an apartment complex is insrnlled (the most appropriate: terns for the proposed modular housing), there will be no may to regain the open space values currently afforded by the Clark tract, We request that any development of the property be considrred not in isolation, as part of an above board , comprehensive planning initiative for the west end of Dryden. Regarding the pending proposal, it is clear that there are many potential problems which could become local disasters unless anticipated and planned for with the public well-being in mind . Several alternatives should be considered , including but not limited to the following: restricting any development to to hay fields while reaming the woodland or green space; sale of the parcel to adjacent landowners; sale of the parcel to a community land truss as community open Mace; development as single family residenws; developing the parcel or a planned unit development with a mix of tenants and housing types and at a far lower density than is being proposed. We are optimistic that local residents , the Toxin Board, inning office, and developer can cooperate to insure that the land is put to its highest and best, rather than most expedient, use. Signatories ,Address a, • 5- 23 - 59 page 3 0 Harry Resters -- it states 9 acres initially and 18 acres ultimately , to him it sounds like 2 phases . Richard Hutchens - it would be some day , but it hasn ' t been planned yet . I f Sept 1990 comes and it is not proposed it w i l l be proposed at another date . The form was filled out correctly , but at this t irne we do not know what we are going to do in Sept 1990 . The only thing that is planned is the plan that the Board has before then tonight . The rest is potential u se for the rest of the land , at a time when it is needed . Mr Kenneth Torrance , 37 Deerhaven Dr - wanted to know the condition of the structures that he was planning and if he knew the condition of the hill in the winter time of how icy and dangerous it can get . You is planning on adding additional traffic to an already dangerous road and wanted to know w hat his plans would be to improve the road without taxpayer expense . Richard Hutchens considered himself a taxpayer and he is not planning on improving the road . Mr . Howard Evans , 49 Turkey Hill Rd °- this site at the time that the Town w ent through zoning this property was zoned commercial . There was quite a discussion of residential and commercial . The reason why this proposed area was zoned commercial was because this was farm land and it was considered to be continued to be used as farm land . When this area was zoned commercial they took into account the people that were living there and what kind of a residential area that was going to be built . They were Sthinking in terms of how crowded things would be and where the farm lands were and the people would continue farming , because there were farm lands around . The terra commercial almost implies that some people think that the difference between the commercial and residential they were thinking of it as farm land commercial . When this area was zoned it could have been zoned residential and than this density would not have been allowed . This was never thought of when it was originally discussed . The density , traffic , run off and general pollution bothers him and the noise pollution, from all of the housing . That hill is a dangerous hi11 and is a real traffic problem . Richard Hutchens - there will be a 35 inch culvert that runs underneath the railroad bank . All the water from the project will run into there . Howard Evans - was not worried about the run off from the water , but what was in the water . You will have another 200 people and the pollutants from the cars in the parking lot . Cornell University draws their water supply from this creek where the run off will be entering . Mr . Thomas Whitlow , 52 Turkey H i l l Rd - read statement of opposition t o development of the Clark property ( copy in minute book ) Mrs . Catherine Devoogd , 126 Turkey Hi 11 Rd - there are graduate students at Cornell and they have to take whatever housing they can find and a lot of the graduate students have children . 11:1) • O. 5_ 23 _.89 page 4 4, Richard Hutchens - Cornell Univ and Cardinal Industries are doing the same thing on the south side of the campus that he is proposing for Mt Pleasant Rd . The only difference is that theirs has more amenities , for instance a microwave , garbage disposal and dishwasher . In the Cornell project there w ill be married families and single families . We are planning on 70 units o n 8 acres . There w i l l be up to 4 beds in an apartment . 280 people . There w ill not be any children allowed in these apartments so there will be no n eed for a nursery care . • Mr . Robert Kirk , 84 Turkey Hill Rd - wanted to know if the Planning Board w as involved with this type of application and what is their opinion that w ould change the character of the neighborhood . S upv Schug - - the Planning Board would not be involved with this application and the only reason that Mr Hutchens is here is because there w ill be more than 3 unrelated persons in one unit . Atty Perkins - this is an allowed by use special permit . The zoning ordinance allows dwelling units for more than 3 unrelated persons by the issuance of a special permit . This is under Article 13 of the Zoning Ordinance which sets forth the procedure to be followed at a special permit hearing . The applicant is here for 2 reasons . One is because he proposes to have more than 3 unrelated people in each unit , which he is allowed to do he if is granted the special -permit . Secondly , because of the project size or multi family is over 2 acres in size . The function for ® granting special permits is specifically reserved for the Town Board , not the Planning Board . The Town Board has 2 functions : 1 - to conduct a public_ hearing under the Article 13 ; 2 - before the Town Board passes on the merits on the application of the special permit , they roust conduct an environmental review under SEG? R . S upv Schug -• when it became apparent they were going to apply a copy of this plan was sent to the County Planning Dept for their review and comment on traffic as to what it will do . As of yet the Town Board has not received their comment . Mr Hutchens would not be here if the Town did not get the water and sewer problem solved , and this situation was arrived at only a short time ago . Mr . Hutchens will have access to water and sewer as an out of district user . There was concern about water and sewer availability in the Turkey Hill area . S upv Schug e the Town has a proposal being prepared by the engineer that will be available and a public hearing sometime this summer for, water and sewer in the Turkey Hill area . Tim Devoogd , if it was the case that the Town Board zoned it commercial to maintain the agricultural character some years ago , could it be rezoned ? Marcia Torrance , wanted the Town Board to understand that this developer is going after the same people that the landlords in Ithaca love to go aafter , which is the undergraduate where they can get the most money . Can you honestly see 270 undergraduates on the top of Mt Pleasant . In the City 5 - E ° 89 page S � �.. .� • 40 of Ithaca , Belle Sherman , College Town and Fall Creek , all have 3 unrelated apartments and did not think this is not by chance . They know that 3 or 4 unrelated have the money . He is not coming. to Ithaca and try to help us with the housing shortage problem , he is only going after the rnorrey . Nancy Suci , 9S Turkey Hill Rd ° since the developer is requesting the special permit , the developer should be convincing the residents and the Town Board that this is what we all want . He should be persuading us that is better to have 270 people here and there is some reason that we should w ant this , not that we should just put up with it . He is asking us to go beyond the limits . Charles Hanley , 151 Baker Hill Rd •- about 1 year ago someone wanted to put w ar games survivals headquarters on top of Mt Pleasant and the developer e stimated about 200 people would be there on the weekend . The major concern was 200 people driving through Varna using Mt Pleasant Rd just on the weekend and this program wants to put more than that every day of the w eek 24 hours a day . The important point that came out from the other hearing , and the reason it was turned down , was everyone that spoke , spoke that this was a unique area . Ithaca already has an Elmira Rd and we don ' t n eed another one We know that we can ' t hold development back and we know there is money to be made and people need housing . The quest ion is do we take a unique rural area this close to Ithaca and destroy it for a quick buck , or do we carefully legislate our planning and development to create a wealthy tax base for the town and housing for these people and destroy dthe reason we came here for in the first place . Chris O ' Connor , representing Varna Fire Dept - was concerned about emergency vehicle access . There are 3 dead end roads , no turn around and the dumpsters are located in an area that would block the access , e specially in the winter time . Was also concerned about adequate water supply , and wondered if this application was granted could the CO be held up until the developer was hooked on the water, and sewer district . Erica Evans , 49 Turkey Hill Rd -- would like to recommend to the Town Board that they do not grant this special permit . Second was by Tim Devoogd and everyone in the audience agreed . Robin Masson , 20 Deerhaven Dr - the developer is just here to apply for a special permit . The Town Board is supposed to consider certain criteria in determining whether to grant that special permit and that includes whether it is in conflict with the neighborhood , and whether the health , safety and general welfare of the neighborhood in the community might be adversely affected . What we have heard tonight might raise some serious questions about those things . Second she thought the Board might be remiss without requiring a full EAF . The change in density and the change in use and the environmental concerns dictate a positive declarat ion and a requirement of the full environmental assessment form that considers not only this but the entire intension of the long range development plans of this developer that is going to happen in the neighborhood . The failure to 0 do that would be a failure to comply with SEEORO Robert Masson , 20 Deerhaven Dr - was very concerned about the dangerous Mt Pleasant Rd in the winter time and you really need a 4 wheel drive . 5F:ip 1 5- 23 -89 page 6 ® Clm Evans also agreed about the bad condition of the hill in the winter time . Beverly Schaufler , 101 Turkey Hill Rd -- wanted to know if the sale was pending approval of this special permit . Mark Sorrells , 34 Turkey Hill Rd - message from the director of the botany lab , Dr Richard Zobel , who has a research area across the road from where this development would take place . He has spent several years and thousands of dollars for his research . In his opinion the high population density would make it very difficult if not impossible to maintain the integrity of his research project . It is the same opinion from the researchers in plant breeding , that it would be impossible to protect those areas from the intense population . Mr . James Gillespie , 5 Sunnyslcspe Rd - he understands there is a purchase of 34 acres here , and this plan is for 8 acres . There is a plan for phase 2 to occupy land that is now wooded that would extend back from this 8 acres which is in back of many of the property owners on Turkey Hill Rd . If this would be developed it would have more impact on the residents . Atty Perkins -- the Board needs to consider all of the environmental impacts of all anticipated phases . This is a requirement of SEOR , you can ' t look at this as an isolated case and the next one , you have to look at the two phases of the development of the whole parcel . In the ® environmental review the 2 phases would have to be considered . Atty Perkins - the Town Board has the full environmental assessment form which Part I is required and filled out by the project sponsor . The Town Board would have to go over in some detail his responses to Part I and indicate where the Town Board has a difference of opinion . With that in mind you then would go through Part II line by line and it is the lead agency responsibility to complete Part II . Once the Town Board has gone through Part I and Part II you may go back through Part II and anywhere in the EAF you have identified there is a potentially large impact you would use Part III which is a more detailed discussion of that potential impact . SEOR is a method of identifying potential areas of environmental concern discussing them and seeing if they can be mitigated by project change and then basing your decision on the identified and discussed environmental impact . The next step for the Town Beard would be to go over the EAF , you have concluded your special permit hearing . The review of Part I and Part II does not need to be done at a hearing , but would be a public meeting by the Board . It is the responsibility of the Town Board as the Lead Agency , to identify if there are any ether agencies involved , and classify the action . When the Board has gone over the EAF you can than make a determination as to whether or not you will require a draft environmental impact statement . Robin Masson -•- further consideration of the environmental impact statement is only necessary if the Board votes to grant the permit . If the Board votes that the permit to be denied that would be the end of the inquiry and EAF would not have to be gone through . f7 5 - 2 1 --_83 page 7 J 1_ �. Idt Atty Perkins -- that is true but the Board also before making a decision or approving a project has to go through this . It sounds to him there are legitimate concerns which have already been identified , traffic , drainage , impact on sewer line capacity , access to and within the site , the nature o f the flora on the site The Town Board would have to consider the aspects under Section 1303 of the Zoning Ordinance . The Board can disapprove the project at anytime just by going through Section 1303 2 . and the, criteria there that they permit will not be issued . Robin Masson - would 1 ike the Hoard to consider Section 800 the purpose and intent of the RC Zone and look at the requirements in Section 1303 and consider there is no reason to go any further . Supv Schug - thought that in all fairness to the people and the developer is that the Board take the next step and go through all of the questions that need answering . The public input has been very helpful in letting the Board know how everyone feels . Closed public hearing Cathy Wolf - presented a modification since there might be a relocation of Hall Rd to Rt 13 and Rt 366 . The Board had no objection at the present time for the new modification . In phase I in the approved plan there was 140 , 000 sq ft and between 160 , 000 and 2009000 in phase II . I n the modified plan they plan on 154 , 000 sq ft in phase I and phase II of 95 , 000 sq ft . The new proposal will meet all of the requirements . The total coverage of the original plan was 50 per cent coverage and with the modification will o nly be 39 per cent coverage . Parking in the original plan was 332 parking i spaces and the modification plan would be 250 spaces . They did get approval from the ZBOA for fewer parking spaces . There was a question about getting a new variance for the parking spaces so that will be checked on . There was some discussion as to whether another public hearing should be held for Wilcox Press . Clay Evans thought this modified plan was greatly improved over the original plan and did not feel that a hearing would be n ecessary . Clm Hatfield could not see having another hearing because you w ere just moving the building . Ciw Walbridge and Clm Garlock agreed . Supv Schug - there was discussion regarding the out of district water and sewer district user and the Board agreed on the ii) year buy back and would be for either water or sewer or both . Atty Perkins -• the Town Board should go down through the check list for ► EQR . As a Town Board you have to identify and discuss the impact from the project all of the scopes and total number of phases that could be e xpected as the result of the action . The developer could commit the second phase to total wild life . There was considerable discussion ✓ egarding the balance of the acreage that was proposed for phase 2 . Supv Schug - told Mr Hutchens that he had two choices he could either resubmit and the Town Board wi 11 abandon this hearing or they wi 11 continue on with the SEAR . 1 • gi 5 - 23 - 89 page 8 ® Mr Hutchens - said he would down grade from multiple dwellings on the phase 2 so that it will be reduced to 1 or 2 family dwellings with sewer and water and reads if they are brought over there at some later date . It w ill not be any greater that 1 or 2 family dwellings . Atty Perkins --- the Town Board should hear from the developer now as to w hat he wants to do . If he wants to go through with the public hearing that was just held than the next step is to make 4 or 5 decisions under SEOR and set another working meeting . If the developer wants to change his application than he would have to apply for another public hearing . Under SEOR the first thing you have to do is determine whether or not the action is subject to SEAR , and this is subject to SEAR . You will need a resolution to encompass all of these . You need to determine whether any federal agency is involved . To you knowledge are there any federal agencies involved ? Are there more agencies other agencies other than the Town of Dryden involved ? Do you need any other permits - is that a town or county road ? Is this within the service area of Ithaca Area Wastewater Treatment Plant . If so the other agency involved would be Bolton Point . If this is not on public water and sewer than the Health Dept would be involved , so you would need to put Health Dept on notice . You need to classify the action . This would be an unlisted action -- determine whether o r not a full env i ronment a l assessment form be required one is required because of the scope of the project . A full EAF is the document that you all have that consists of Part I which is to be filled out by the project sponsor and you will go through that and review the sponsors answers to O the questions and you will note where you disagree with him . Using that information and you Gown good sound judgement and keeping in mind the impacts that can be reasonable expected to occur from the project you will answer Part II . you will answer the question, and than you will determine w hether or not those impacts are large or whether those impacts can be mitigated . For any potentially large impact identified in Part II you will than complete Part III , and Part III is basically a discussion of that potentially large impact . You should have a resolution that answers all of these questions as discussed Secondly you should appoint yourself the Lead Agency subject to notifying the other potentially involved agencies and confirm that you will be the Lead (agency . Third you should schedule a meeting date to go over Part I and Part II . In response to your concern o f potentially large impact as identified i n Part I I the project sponsor may want to submit engineering data other studies that he has or other information that he may have which would help you form or discuss the potential large impacts in Part III . By doing that you may be able to feel comfortable enough to make a negative declaration or a positive declaration . If you have enough information of the full draft EAF if all o f those quest ions cannot be adequately responded to in Part III than you have the alternative of requiring that a draft EAF statement be prepared for the project . If you get to that point that the developer would request a scoping session where you identify for the developer the environmental issues that you would like to see addressed in the draft EAF statement . 1 Oct 5 - 23 -89 page 9 RESOLUTION # 138 SEAR AND UNLISTED ACTION RICHARD HUTCHENS SPECIAL PERMIT -- MT PLEASANT RD Clw Walbridge offered the following resolution and asked for its adoption RESOLVED , that this is an action which is subject to SEAR and this is an unlisted action under the applicable rules and regulations . 2nd Garlock Roll call vote - all voting Yes RESOLUTION # 139 LEAD AGENCY Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board be the Lead Agency for the application of Richard Hutchens to build a multiply dwelling unit on Mt Pleasant Rd . 2nd Clm Garlock Roll call vote - all voting Yes Supv Schug - scheduled a meeting for June 27th Tues . at the Varna Community Center at 6 : 00PM RESOLUTION # 140 APPROPRIATE= MONEY FOR LITIGATION Clm Evans offered the following resolution and asked for its adoption : RESOLVED : that this Town Board authorize the Town to hire an engineering ® firm at a cost of approximately $55 , 000 . 00 to assure the Town of Dryden that this is an appropriate site for the DR7 landfill site 2nd Clw Walbridge Roll call vote all voting Yes Supv Schug - reported on trouble with the Varna pump station with losing power . This is being looked at by the engineers to rebuild the pump station and give the Town Board an estimate of the cost . Adjourned 8 : 30PM Susanne Lloyd Town Clerk