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HomeMy WebLinkAbout2003-11-05T13 11 -5 -03 TOWN OF DRYDEN TOWN BOARD MEETING NOVEMBER 5, 2003 Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Deborah Grantham, C1 Christopher Michaels Elected Officials: Bambi L. Hollenbeck, 'Town Clerk Jack Bush, Highway Superintendent Other Towvxi Staff: Henry Slater, Zoning Officer David Putnam (TG Miller Engineers), Town Engineer Mahlon R. Perkins, Toad Attorney Debbie Gross, Environmental Planner PUBLIC HEARING SPECIAL PERMIT APPLICATION OF AT&T WIRELESS SERVICES, INC. TO CO- LOCATE UP TO SIX PANEL ANTENNAS AT 154 SIMMS HILL RD 'transcript of court: stenographer present at hearing will be attached when received. Supv Varvayanis closed the public hearing at 7:45 p.m. PUBLIC HEARING SITE PLAN REVIEW APPLICATION OF JAMES & RUTH KILEY D /B /A RUTH'S CLASS CUTTERS TO OPERATE A BEAUTY SHOP AT 11 ELLIS DRIVE Supv Varvayanis opened the public hearing at: 7:46 p.m. and Town Clerk read the public notice published in The Ithaca Journal. Applicant James Kiley stated that he and his wife currently have a similar shop in Cortland and are interested in expanding to the Dryden area. The plan to open as soon as they have approval and renovations are completed, probably by the end of the month. There were no questions or comments and the hearing was left open at 7:49 p.m. PUBLIC HEARING SPECIAL PERMIT APPLICATION OF ORMSBY DOLPH AND NANCY NORTON TO OPERATE A BED AND BREAKFAST BUSINESS AT 26 QUARRY ROAD Supv Varvayanis opened the public hearing at 7:50 p.m. and Town Clerk read the public notice published in The Ithaca Journal, Applicant Ormsby Dolph was present and staged all the information necessary was contained in the application. Cl Michaels asked the applicant if he had ever worked with Michael Brown, Esq. and he replied that he had obtained a patent with the assistance of Mr. Brown but Mr. Brown had not advised him with respect to this application. Cl Michaels disclosed for the record that the applicant had a former attorney - client relationship with his firm, but they did not have any direct interaction on this application. There were no other questions or comments and the hearing was left open at 7: 5:3 p.m. PUBLIC HEARING Page 1 of 10 e ct, 1 W r'1:3 11 -5 -03 SPECM PERMIT AMENDMENT APPLICATION OF DAVID DUFFETT D} B I INTEGRATED WATER MANAGEMENT TO CONSTRUCT A 1500 -2000 SQUARE FOOT EXPANSION FOR WAREHOUSING AT 289 CORTLAND ROAD upv Varvayanis opened the public heari ig at 7:54 p.rz,. and Town Clerk read the public -notice published in ?'he Ithaca Joumal_ Applicant David Duffihirt said they are applynag to expand the building at 289 Cortland Road. He said w bat they plan to do is have a 1500 square foot area designed for secondary containment of some hazardous materials they plan to store at the facility. Specifically they plan to store three materials; 50'o sodium hydroxide, 50°fn aluminum sulfate (both classified as corrosives) and 40%& sodium nitrite. They are proposing storage tanks of 5,000 gallon each. The tanks are secondary containment double - walled tanks and will be in an area that has concrete tertiary containment_ The concrete floors and containment walls will be sealed vAth epoxy. They will hack in a tank truck to receive deliveries of up to 4,000 gallons. That area also has secondary containment in the event of a spill from the tank truck as it was off - loading, The materials are dangerous in that they are corrus-ive 150% sodium hydroxide v4•ill burn the, skin, kxut in (Muted form is much less dangerous). There is no hazard unless handling the material. ZO Slater asked whether the cmihainment would prevent the materials mixing, and what would happen if they did mix. D Duffett said one of the materials is a strong alkaline material and one is a mild acidic material and If they came in canta ct with each other it would generate fumes, but not be explosive. The materials, by law, must be stored in a secondary contained tank (a tank within a tank), and t -be applicant han taken the additional step of installing the dyke conta==ent. O Slater asked if there was a monitoring system that would allow you to know if the interior %vall had failed and applicant said it would be visible_ Applicant said it was unlikely that the secondary cont..ainanent of the tanks would fail simultaneously_ He said he has gone beyond what is regLuixed by law and installed the dyke containment. Debbie Gross, Environmental Planner, asked how the tanks would withstand a fire_ D Du.il'ett said since they are made of plastic not "ll, but there are no flammable materials stored in the facility and the facility is a steel building with concrete foundation and floors and there is nothing in the building to burn. If there was a fire they would melt, but the potential for fire is very low_ D Grass asked if rhere was afire, how the applicant would handle working with the fire departink is and making sure they knew what hazards were there when they responded. Atty Perkins suggested the fire department look at the list of what materials are shored at the site. D Gross said the County is to be notified of the certain materials stored in specific quantities, and D Duffett said when approvals are received and when the tanks are registered with the DEC, the iraformation will be made available to the local fire departments_ That must be done before the tanks can be filled. Atty Perkins suggested the fire department .sec the list prior to that time since they might came up with good ideas in the planning process_ Cl TAatlield asked what the chemicals were used for. D 1)ufl`eit said they are used primmily as neutralizing agentz_ The sodium hydroxide is used partially as raw material in some of the cleaning soiutians they make. They 2xe simple inorganic chupaicals. The sodium hydroxide is food grade_ These chemicals are commonly used in drinIzing water facilities, but they arc corrosive because they are concentrated, They :ire water soluble. Cl Michaels asked what' the business entails_ D Duffett said they build and supply Products for industrial water treatment, from processed waters to waste waters to high purity waters, and other water related items. In response to a question from the audience, D Duffett described 1jae procedure for ofd loading the delivery trucks and the area in which it 1�i done. page 2 of LO TS 11 -5 03 The area is large enough to contain the entire capacity of the delivery (ruck and not a ow any leakage outside the area or to the stream near the propefly- R Flynn, Dryden ire Department, asked if the Fkcility would be steiffed 24 hours per day and Mr Duffett said it would not. D Buffett explained that all tanks and hoses are color - coded to help eliminate error. R Flynn asked if there are any fire suppression measures in the facility and NIT Du ffett said no, D Gross asked how a spill would be handled. D Duffett said all the people are haamat trained and explained what may happjEm in the event of a spill, stressing that spills are unlikely and eontauiment areas more than adequate. They are required to report any external ,spills to DEC. D Duffett said they intend to comply with environmental law and even go beyond that. Applicant and R Flynn discussed possibilities for alarming the equipment (not required), estimated response 1=' e, internal monitoring, automated dialer, etc- and after discussion, it was {decided that D Duffett would talk with R Flynn farther about this after the heart g- O Stater said the hearing was to amend an eQuisting I996 special use permit which would include an addition to his existing facility to allow him to store these chemicals he already uses rn larger quantities. Part of the 1996 approval required that the Planning Board be allowed to take a look at any future changes- The Planning Board looked ac il: for Iife safety, neighborhood compatihility, and were particularly interested in how the applicant would preclude any pofi ntial spills from reaching th.e small stream near the facility ZO Slater said that with the standard conditions of approval and working with the fire department, he thought they could came up with reasonable safeguards, The board reviewed the plans provided by applicant and the location of the stream. Cl Stelick asked if applicant: would be manufacturing in addition to storage and distribution- Applicant said they do blend some materials presently and hope that would expand, upv Varvayanis asked if there any further questions or comments, There were none, and the hearing was closed at 8;40 p.rr�- There were no questions or comments regarding Ruth's Class Cutters nr the Ormsby Bed and Breakfast': applications and those public hearfrtgs were closed at 8AI pan- Supv Va.zvayatus opened the town hoard meeting and led the board and audience in the pledge of allegiance. With respect the application of AT&T for co- location, the board acknowledged that it has received and reviewed the Environmental assessment form, RESOLUTION #149 - MEG DEC - AT&T OO- LOCA'T`ION APPLICATION Cl Michaels offered the following resolution and asked for its adoption. RESOLVED, by the Town Board of the Toum of Dryden that upon reviewing the full environmental assessment form and the responses provided by the applicant, the hoard makes the Ibllowing findings: This notice is issued by the Town of Dryden acting as lead agency in an uncoordinated environmental impact review pursuit to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at part 6.17 of Title 6 of the New York Code of Rules and Regulations, collectively Page 3 of 10 TB ] ] -5 -03 referred to as PQR- The Town has determined thzm: 1;he license agreement between AT80' Is Wireless PCS, LLC by AT&T Wireless Services, Inc. and SpectTasite authorizing AT &T Wireless to install anteTmas and related equipment on the 180' guyed tower located at 154 Simms Hill Road, Dryden, New York, will riot have an significant adverse impact upon the environment and that a negative, declaration pursuant to SEQR may be issued. The re-a%ons supporting this determination are fully explained Below_ E R StRtvisq Unlisted project Project Description: Project consists of installation of teleyco]mmunicaltion antennas an existing 1801 telecommunications guyed tower and the instillation of related equipruent on a 6' by J OF concrete paid 1ocaOed at the base of the tower, The Town as lead agency conducting an uncoordinated review has considered tbt! f dl scope of the project. The project site is currently used for telecorumurdeolion purposes and the proposed use is thus consistent with existing land uses and will avoid the need for a. new tele ❑mmunications tower in the Town kif Dryden, ']`he project site has .no bedmek outcroppings. no slopes greater than 10� no unique or unusual land forms, cliffs, dune=s or other geological features, and the project site is not used by the community as open space or recreation areas. There will be no air emissions from the project. 'f'he project will not ,substantially affect water discharges from the project site The project will not generate solid or hazardous waste, The project will not sign,i ficantly alter 1:13c visual and /or aesthes tic resources in the area of the project site and will not have siificant adverse visual impact upon the scenic duality of the 12odscape. The project will not requh in the removal of vegetation al: tine project site and will not significantly affect plants and ar=als in and arcinid the project site. The project will not impact a�icultural land. The project is not substantially ccmtiguous to nor does it contain a building site or district listed on the State or National Registers of Historic Places, and thus will not have an adverse impact upon historic or archeological resources. Theme are no anticipated changes in traffic flow to and from the project site as a result of the project, The pr Eli will not �eneratc any unpleasant noise or odors. Them will be no adverse environmental i,mpa.cts as a. result of they project, 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl stelick Yes upv Varvayarnis Yes C1 Michaels Yes Cl Grantham Yes Page 4 of 10 TB 1 J -5 -03 RESOLUTION -1160 - APPROVE AT&T MLOCATION APPLICATION Cl Grantbam offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the application of AT&T Wireless to cc- locate at 154 Simms Bill Roast in the Town of Dryden, subject to the folloxv' conditions; 1. Applicant will furnish the Town with a $25,000 removal bond. 2. That proof of it satisfactory ANSI inspection be furnished to the Town, 0. Applicant will pay the reasonable costs of consultation and evaluation by the Town's teiet:vmmunications consultants. The following conditions are specifically waived= Certificate of Insurance namng any a.dditionat insured, together with the indemnification provisions of Section 25 of the T'own's tel.ecommurications local law_ 211d Cl Stelick ]Roll CaJ1 Vote Cl Hafeld Yes Cl Stelick Yes Supv Varvayamis yes Cl Nchaels Yes Cl Grantham Yes The $oard reviewed the environmental asses�smerYt farm in connection with the site plan review application for Ruth's Cost Cutters at 11 Ellis ]Drive_ RESOLUTION #151 - NEG SEQR DEC - RUT IFS OUST CUTTERS C1 Grandiam offered the following resolution and asked for its adoption= ]RESOLVED. that ibis Town Board rives hereby issue a negative declaraiion based on the SEQR review in correction with the site pion review application of James & Rulh Kiley to operate a beauty salon at I I Ms Drive. This is an unlisted action and the Town of ]Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all i messary documents. 2nd C1 NUChaels ]Roll Call Fate Cl Hatdeld Yes Cl Stel�clk Yes Supv Varvayants Yes 1 Michaels Yes Cl Granthum Yes ]RESOLUTION #152 - APPROVE SITE PLAN - RUTH'S COST CUTTERS Cl Grantham offered the following resolution and asked for its adoption_ RESOLVED. that this Town Board hereby approves the site plan for James and Muth ]Kiley d f b f a Ruth's Cost Cutters to operate a beauty drop at 11 Ellis ]give, subject to the standard conditions of approval (7- 12 -00), excepting W7. 2nd Cl Steller Page 5of10 RoU Call Vote 1 Hatfield Yes Cl Stelick Yes Super Varvayanis Yes Cl Mcha.cls Yes Cl Grantham Yes TB 11 -3-03 The Board reviewed the environmental assessment form for Ormsby Dolph and Nancy Norton's application to operate a bed and breakfast at 26 Quarry Road. RESOLUTION 9153 - NEO SEQR DEC - DOLPH/ NORTON BED & BREAKFAST C1 Grantham offered the faIlawing resolution and asked for its adoption: RESOLVED, that this Town $oard does hereby issue a negative declaration based on the SEAR review in connection wish application of Ormsby Dolph and Nancy Norton to operate a bed and breaks st at 26 Quarry Roan. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review_ The Supervisor is authorized to sign all necessary documents- 211d Cl Michaels Roll Gall Vote Gl Ha.tfield Yes Cl Stelick Yes upv Varvayanis Yes 1 Michaels Yes Cl Grantham Yes RESOLUTION 0 154 - APPROVE DOLPH J NORTON SPECIAL PERMIT - BED & BREAKFAST AT 26 QUARRY ROAD Gl Grantham offered the following resolution and asked for its adoption_ RESOLVED, that this To &m Board hereby approves the special pernnit application of Ormsby Dolph and Nancy Norton to operate a. bed and breakfast. at 26 Quarry Road, subject to the standard conditions of approval (7 =I2 -OO), excepting 07. 2nd C1 Michaels Doll Call Mote Cl Ha6eld Yes Cl Stelick Yes Supv Varvayai[c Yep Cl Michaels Yes Cl Grantham Yes There is no E review required for the lntegrated Water lda nagement application because the expansion is less than 4,000 square feet [NYCRR 617(5c -7)]. The board discussed conditions and G1 Grantham said she thought an automated dialer should be required for notification in the event of a spill. The board discu&%Pd drainage, the location of the drainage swale acid the stream and whether a 25' suffer was adequate. The board discussed where an automated dialing system should dial in to. Applicant said the sensor would pick up liquid in the secondary containment area, and when the call was responded ro there would be nothing to do because the liquid was contained, and poiniled out there is can expense there and it may be better spent somewhere else. Cl Grantham said she is more concerned about liquid in the tertiary containment area. Applicant painted out a sensor there would pick up any liquid, Page 6 of 10 TB 11 -5-03 including water used to wash the area. The volume in the secondary containment area is 110% of the tank and the volume of the tertiary containment is 110" /o of the largest tank in the area. Cl Michaels said that a lot of his concerns have been mitigated by assurances that there will not be flammable materials in close proximity to the tanks and the building is structured of material that is not flammable, and he is not sure that alarming the tanks should be a condition of the approval. Ron Flynn said that he could work with the applicant to fund a solution. RESOLUTION # 155 - APPROVE INTEGRATED WATER MANAGEMENT SPECIAL PERMIT AMENDMENT C1 Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special permit amendment for David Duffett d /b /a Integrated Water Management, 289 Cortland Road, to construct a 1500' x 2000' expansion for warehousing, subject to the following conditions: 1. Maintain a 25' vegetative buffer (unmowed natural grasses and shrubs) between the stream and drainage Swale and his chemical storage and loading areas. 2. Standard conditions of approval, except #7. 2nd Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes ZO Slater said the Planning Board had asked for money in their budget to do a mailing in connection with the comprehensive plan. Supv Varvayanis said that had been included in the budget. Cl Michaels said he had attended a meeting at the Ellis Hollow Community Center where they had discussed various ways to raise funding for the center and what their future development might look like. He said they will be looking to the membership for dues. Someone had asked why the Town didn't help out more with financial aid and Cl Michaels explained to them that the Board believed they had been pretty exclusive about who could use the facilities. They were surprised and responded that they would open the facilities to anyone in the Town of Dryden. Cl Michaels said it would probably be a good opportunity for Jennifer Glaab, Recreation Coordinator, to contact them. Atty Perkins has prepared a contract for the dog enumeration and the enumerators are prepared to start in the near future. If the Supervisor is authorized to sign it, we can begin as soon as the enumerators and come in and sign it. Atty Perkins said the petition for annexation that: was originally filed has been withdrawn and another petition has been filed. A date needs to be chosen for a joint hearing with the Village Board of Trustees. The hearing must be set and notice published by November 17, 2003. The Village has suggested December 22 for the hearing. After discussion, the Board decided it would like to hold the joint hearing on December 10 at the town hall, or December 18 at the village hall. Atty Perkins will contact the Village. Page 7 of 10 TB 11 -5 -03 RESOLUTION #156 - ENUMERATION CONTRACT Cl Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor is hereby authorized to sign the dog enumerator contract, providing for payment to the enumerators of $1.50 per dog counted, and mileage at $.36 per mile. 2nd Cl Stelick Roll Call Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham said that despite certain local media reporting, the stormwater regulations are in effect and have been for about a year, and %ve have been subject to them for some months now. The Town has submitted a Notice of Intent and St:ormwater Management Plan on March 10. That is what we legally said we would do to meet the regulations and some spending is required under that. She wanted to clarify this. BUDGET HEARINGS Supv Varrvayards opened the budget hearings at 9:20 p.m. Bill Hawley of the Tompkins County Senior Citizens addressed the board regarding the funding they have annually received from the Town of Dryden. The County has in the past reimbursed the Town for this funding but the County has cut this from their budget this year, together with funding for Gadabout, the Womens Opportunity Center, and the Learning Web. He is asking that the Town continue to fund the Senior Citizens Council ($3,149) and Gadabout ($4,972). If this funding were cut it would be very detrimental to the seniors in the community. Mr Hawley introduced Beverly Babcock and Fred Warner, Town of Dryden residents, who explained some of the ways residents of the Town benefit from the Senior Citizens Council and asked the Board to consider funding these programs, Supv Varvayanis explained that back when the County added 1% to the sales tax the City had the authority to veto it, so part of the deal that was worked out was that the City would keep a large chunk of cash and the County would donate to the various towns for things that the towns were doing to help out with county -wide programs. Tim Joseph and Steve Whicher in their budget decided to cut $36,155 and didn't put it in any one particular line so no one noticed it. None of the board members knew about it until last week when a letter went out from the deputy county administrator. Supv Varvayanis said that in the Town's budget there is roughly $5,000 for Gadabout, $3,000 for senior citizens, $1,500 for Learning Web and $400 for the Womens Opportunity Center. if the Town leaves it in the budget: and the County strikes it, the Town will lose the revenue, but there is money in the contingency to cover it. Cl Stelick asked if Dryden would continue to served if other towns cut their funding, and Mr. Hawley said they would continue service to Dryden. Members of the town board are agreeable to f aiding these organizations for 2004. Supv Varvayanis pointed out that it is the County's position that they are not cutting monies to these organizations, but are cutting their voluntary contributions to the towns. Budget line A8020.4 was increased by $3,000 for the Planning Board to do a mailing in connection with the comprehensive plan. Cl Stelick asked if there was a $2,000 increase for the library and Supv Varvayanis said that there was. Page 8 of 10 TB 11 -5 -03 ® Cl Stelick asked how the fire department figures were put into the preliminary budget. Supv Varvayanis said they were done as discussed and there has been a $12,293 increase in the workers compensation line (SF9040.8). The total appropriations are now $774,443, amount to be raised $770,443. Cl Michaels asked what the County had decided to do with the Health Department and Cl Grantham said there would be a cut, but they weren't sure exactly what would be effected. Supv Varvayanis said the County was very disappointed to hear that the Tou i would not contract with them to do septic inspections. Cl Grantham said she was not sure what the cost to the Town would be if we took over septic inspections, but we could probably share the position with other towns. Atty Perkins said the Town could pass a local law requiring that an engineer be hired by the property owner. C1 Grantham said there are various ways it could be handled. Cl Stelick said it could be taken out of general fund if we need to before the year is out:. The fire protection portion of the budget was reviewed. Each fire department will receive its requested amount. Cl Stelick asked about the reimbursement amounts for training. There is a lump sum in the budget and individual amounts can be addressed in the contracts. The amount expected for reimbursement from the County for program funding was removed from the budget and the amount expected for sales tax distribution was increased by $13,000. (Year to date receipt for sales tax is $1,780,793.) Supv Varvayanis asked if there were any other questions or comments on the budget. There were none and the hearing was closed at 10:05 p.m. C1 Michaels reviewed the changes that had been made to the preliminary budget: Increase B8020.4 by $3,000 Increase SF9040.8 by $12,293 Decrease A2389 by $5,100 Decrease A2300 by $4,972 Increase revenue line A1120 by $13,000 Supv Varvayanis said he had heard from six people in the Leisure Lane lighting district that did not want the increase and one person who did. The line, for that district, SL3- 5182.4 was decreased by $1,000. RESOLUTION #157 - ADOPT 2004 GENERAL BUDGET Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Toum Board hereby adopts the preliminary general budget with the following changes as its budget for 2004: Increase B8020A by $3,000 Decrease A2389 by $5,100 Decrease A2300 by $4,972 Increase revenue line Al 120 by $13,000 211d Cl Stelick O Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Page 9 of 10 TB 11 -54)3 Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION #158 - ADOPT SPECIAL DISTRICTS BUDGET Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the preliminary special districts budget with the following changes as its budget for 2004: Increase SP9040.8 by $12,293 Decrease SL3- 5182.4 by $1,000 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis No Cl Michaels Yes Cl Grantham No RESOLUTION tt 159 - ADOPT SPECIAL DISTRICT & ASSESSMENT ROLLS Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby adopt the Special District and Assessment Rolls for the Town of Dryden for 2004. 2nd Cl Michaels Roll Call Vote Cl Hatfield Yes Cl St:elick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes On motion made, seconded and unanimously carried, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 10 of 10 Tnwn of Dryden Town Board Meeting ® November 5, 2003 Name - (Please Print) V\ Address C co Fw�Wcwlr sou 6 Ti7Cn1S &OUeic t/AO r.,11(\1 b Su E , Npcne/I twNi S!Z 6 C i 2. Dei'o eN N."r