HomeMy WebLinkAbout2009-07-15TB 7-15-2009
TOWN OF DRYDEN
SPECIAL TOWN BOARD MEETING
JULY 15, 2009
Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Jr., Cl Joseph
Solomon, Cl David Makar, Cl Jason Leifer
Other Town Staff: Mahlon R. Perkins, Town Attorney
Jeff Kirby, Telecommunications Consultant:
Andy Sciarabba, Town Engineer
Patricia C. Millard, Deputy Town Clerk
Supv Sumner opened the meeting at: 6:05 p.m. and board members and guests
participated in the pledge of allegiance.
A few words were said and a moment of silence was held in honor of Barbara Caldwell,
who passed away this week. Barbara was the current chair of the Planning Board, and
had served the Town of Dryden in that capacity for 37 years. She brought Zoning to
Dryden and helped shape it during that time. She was an incredible example of a public
servant. She will be missed.
Request for Town of Dryden Noise Ordinance
Rich Sheiman - President, Clarity Consulting, Inc., Ellis Hollow Road Resident
Prom email to M Robertson, County Legislator: "Dominion Transmission, Inc., operates
the Borger Station in Ellis Hollow - a natural gas compression plant. Dominion is now seeking
approvals for a major expansion of the facility. The facility is located in a residential
neighborhood in the heart of the Ellis Hollow Community. We do not believe that Dominion has
adequately considered how the Borger Station is impacting our neighborhood."
Mr. Sheiman read a prepared statement asking for some redress from the current noise
level at Dominion, the future noise level as a result of the expansion, and future possible
problems that may come up regarding Gas Drilling. A noise ordinance may help with the
upcoming situation as well as alleviate the hardship of current residents.
Mr. Sheiman gave the Board a copy of Dominions noise study.
Due to the lack of legislation in effect in the area, the only recourse for the residents in
this area is for the Town to enact and enforce a noise ordinance.
Cl Solomon arrived at 6:1.3.
The Board asked questions of Mr. Sheiman regarding how often the blow downs
happen. Cl Leifer is going to arrange a meeting with Mr. Sheiman to get: more information and
see what steps the Town may be able to take to help.
SPECIAL USE PERMIT APPLICATION OF AT &T MOBILITY
TO CONSTRUCT A 140' TELECOMMUNICATION TOWER
AT 14 FARVIEW DRIVE
The Public Meeting was closed at the July 8, 2009, meeting. Applicants were informed
at that: meeting that: further discussion would take place at tonight's meeting.
Cl Stelick has questions about the placement of the tower. Why place, it where you want
to? initially, this project was about taking care of TC3. By placing that tower where you are,
right in the area of several houses, w =hat is wrong with bringing it down the hill? You're trying
Page I of 16
1
01
TB 7 -15 -2009
to hit the main campus and the dorms. If i1, is brought down 11he hill, it still cakes care of
campus, and it's further away from the horizon.
Jim Woodward - In the initial discussions with TC3, they requested it be placed them.
First, to have it away from the water tank_ Any facility thall they may have had or have between
the water tank itself acid the onmpus, that aTca is wet in comparison to up the road. They also
}wanted il: far enough away from the campus so that it doesn't affect their day to day
operations.
D Migliaccio - TILere are also wa ter lines between the water tcla k turd thc: varnpus and
they couldn't put them directly over the water linos-
Cl Ste] ick - were there w.rne locations you d1dn'1: check because TC`.:3 had a location in
mind?
C1 Mekar - Like North of Mahar Drive so that il:'s not as high on the ridEe line - West of
Panther Drive_
D Migliaccio - In this area (near water tower), there is a terrain drop_ With the addition
of the water lines in that area, and with leaving the possibility for future expansion, in ordt;r to
keep the tower neekr their other facilities, were all factors for putting the tower in the spot
picked_ Also, in order to meet the requirement for future co- locatom, gutting a little up this hill
gained more ground elevation which snakes it more attractive to other carriers that; may come
along an want to co- locate instead of building a separate tower on their own_
Yot5, TC3 wants to service TC 3, bui: AT&T wants to also service Routes 13 and the
surrounding area_ 5y moving up the hill, line of site overshoats Route 13 so that it isn't covered
4y the new tower. This tower location CUVCrs in- building for TC3 and the Village and Route 13_
The area hero is very hilly- There are a lot of terrain issue_
J Woodward - While we came here at TC3s request, the decision to put up :i tower was
mndc not only to serve them but also to help rersolvC customer complaints in the area,
Cl telick commc_ntcd that originally this was a T 3 project and nr)LV it's became bigger
than that. With resident concerns, we need to make sure we're making the right decision.
D Migliaccio - if Chri COW was taken down now, you're going to see a drop in. covE�ragc in
the Village and the area surrounding TC3_ By implementing the tower as we %re proposed, TC3
is mCCCing if.s goals and AT&T is able to provide better coverage to the sur ding area.,
including route .1.3. Wu%rc: res;c:ivr_d many complaints about the Route 13 area bet ween
Cortland and Dryden regarding dropped calls, lost signal, etc. We're hoping to service our
exik4ting customers in the area better as well as TC3.
Discu%&ion of various propagation maps in the application,
upv
Sumner -
Is
the
neighborhood's problem
seeing the tower above the trees?
Undrr!tarkd
Yha.l: if yryu
pH1:
i1;
below (fie tree, iC. doC Sri 'L
L4crrk_
Cl S teliCk — AT&T hasn't come to u r> looking to put a tower in.. If TC3 was not in this
etluation, you could have located on any of these other towers and taken care of the Route 13
issue. It would not have taken care of the T3 issue_ Correct:?
Jim Woodward - Not anymore. It would not have taken care of the Village and at this
point, it won't take care of F2outc 13. l:arting in 2()09, it's all about data, it's not about voice to
voice, its all about. data ! 1"aming. When customer complaints come in, they're in reference to
data service- in the bigger metropolitan areas, we have the coveragt._ People: want the coverage
and expect it in the more rural areas now too_ If we were only covering cell phones in cars, that
would be true, but with the nre_rl 110 Cower data services, this tower in this Ioca.tion is what is
needed.
8upv Sumner -
What
frequcnc,y does the
tower cover?
Jim Woodward
- 850
for voice and 1900
for data.
Page 2 of 16
J Kirby as]
was done at 1900,
surrounding area,
1900 MHz only, it
band-
TB 7 -1 5-2009
:ed why the propagation study wasn't done at 850? The study we were given
If in addition to campus coverage, your intent is to provide benefit' to the
you're proposiin to use dual -band alntennus, all of the RV inforination is
would appear. There is rko explanation of what is going on with the 850
J Woodward - unable to comment an the
RF question, Where 3G used to be a
perk, it's
now expected part of the service, Cell phones aren't being used just in ears anymore.
They're
being used at home more
than on the go and as
a primary mc;�rks of calrinnurniCdtion-
D Migliaccio- and
do right from your phone,
now vwi11h 3G where you
people aren't opening
have internet, email, whatever you want to
their laptops - they're going to the phones.
C~1 Makar asked what's the plan was for covering the dell phone voice only - the white
spats on the rrkap.
J Woodward - We '11 be back- 1i;'is all driven by customer complaints, R1Uht now, we know
there are some problems between here and 81 through Greek Peak and on Route 13 going
towards Ithaca- Once this tower is online, well be able to see where the holes are and see
where our next towers should go. Most times, we aren't able to put up a temporary tower,
Propagation m:�ps can only tell you so much. The COW has allowed us to show you in real -time
vwhnt. the coverage is going to be
upv Sumner referred to Jeff irby's letter dated June 171". In it, he asked about 850
frequency maps- Since that is not whin'', TC3 was focusing on, that 3s not what studies were
done for. is that right?
J Woodward - Yes, and the 8501 is a bonus.
40 J Kirby - The 850 will carry further thus the 1900. Regarding the comment an height
issue Cl Stelick started ►crith - the proposed site, is 25 feet up the hill and the proposed tower is
30 feet taller than the existing C:0W giving you a 55 foot height; difference - One thing I see from
1: }kc, coverage map is that there is no appre:oiable difference in coverage bet } +een those two.
Secondly, T understand that the reason for the additional height is to provide provisions Cur 3
future ca- locators, which is Crown's objective to make it more }riable as a ren01 property; the
local law requires . The local law also requires the height be no more than the minimum
necessary to provide what their objective is- They're receiving a 50% increase in height over the
existing CHOW 0 n not really because of a real difference in service- It's really for the commercial
purpose of future leasing Of ;xpac_e that the Town has no way, of knowing whether that is eerily
going to happen or not. And ATMs' waro:s to be on top because they're working on the
�xpplicotion rind bearing a lot of the up front costs. The way vwe've handled l.his prtwiously, for
exainple with the NYS E O property, wwhere they put up an 80' trionopole for Sprint and then
Verizon carne along with an extension because they needed more height: and they could get
underneath- 1 rc_alize that, a future extension is more expensive than doing it id at once, but
that's another option the board may want to cOnsidcCr in ter m" of mitigating ilhis height issue
which is really ticd to the visual impact on the residences along Livermore Road, primarily,
People on the other side of Route 13 aren't going to notice that much of a difference' or
cAlscwhcre in the 'Gown- it's going to be those people that are close or driving up and down those
roads more frequently.
Cl Stelick asked J Kirby how many towers nil the town are actually being; used for ca-
locations.
J Kirby - almost every one of our co- locations sites has mare than one carrier on it, Not
all of r.he- Ivailahlc spots are full, but I don't know how many empty spots there are at this
momeint. Only recently has this idea of providing for future Cxilc:nsion beer, tha ugh t of as a good
way to go. There is minima. visual impact from the initial insl'All'd.tiCon and then if there is a
need by somebodv else to make it taller, you've already got a yitrd stick to measure it by-
TB 7-15-2009
C~1 Stelick - it TC3 wasri1 looking to do what they y7m doing, is this location a key location
to providing se-rviCC to the arca? /
J Kirby - because there are 3 other towers irk the area that are within, 3/4 of a mile of that
location that art•= higher up on the terrai.n- All 3 of those are visible from many miles away,
Those locations were initially picked because they are high spots and they could provide
general coverage i10 a broad aroa of the town. They're not nc�cessarily ideal for targeting a.
specific need like a carnpus that has grown tremendously in the last couple decades, like TC3
campus.
Cl Leifer - Comparing t1ku maps, TC3 is the only noticeable change in coverage.
1 Stelick - by taking care of TC3, lowering the tower a little. we can address the
concerns of re sidents and lower tlje visual impact and AT s'C still has their objective
accomplished. This doesn't seem to be a key co- location spat.
J Kirby - The cr wn 'rower currently has 4 carriers on ii.. The Simms Hill Read Tower
has AT&T and T- Mobile on it. The [aunty Tower is the 3rd one and I'm not aware of any
comme=rcial instEdlation on that one, although they're trying k) get one. I'm not quite sure one
of the current U rants on the Crown or Simms !sill Towers would be interested in relocating or
dotting up a second site so close,
D Migliaccio - Their voire coverage is fine- Going to the other Frequency for the data,
they're going to be in the same boat- If we could use that other tower, we would-
Cl Leifer - Couldn't you contractually - i F someone else comes along and wants to co-
locate - rnoke it so that you retain top spat even iF the fovwer is increased in 1-i6ght later?
J Woodward -That isn't possible- You're running 12 lines of an inch and five- eighths
coax cable from the antennas down- Everything has to be specifically set. If you increase the
height of the tower, you have to run all rkeW coax. The cost wouldn`t be worth it, YaU would
have i'o take the site off the :sir to duo this as well and then you urould lose coverage- It's not
feasible to wrap M or 30' of coax at the bottorn of the tower in hopf:s that someday they can go
uP
1 h+lakar - As long as the tovw�r is constructed f engineered sn that it can be added to later.
J Woodward - Studies have shown that a 140' foot tower built initially and added to
later v th more antennas is much less obtrusive than starting off with a 100' tower and raising
it up later. It's l.i;ke pow[�r lines- They're a necessary part of life. When a new power line goes
through, yes, it's something new. But 'your eye gets used to it. In a .
very short mount of time,
they get used to it, a were requested to have additional flow sims-
upv Sumner - I thought these were pretty good evidence of the same kind of thing we
noticed at Sapsucker � that the closer you get, the less visible it Is because of the triangulation
of the trees and the height,
Cl Stelick - the biggest thing I vranted to bring up is the fact that i remember when this
was first brought to us, it more a bout 'I'C'3 and less about AT&T's commercial benefits and it
seems thai we've taken the arrow from TC3 and it's going more towards AT&T. They're getting
more benerit it sutarns now- If TC3 students want this excellent coverage, they have to go with
AT &T for their plione service.
J Woodward - That won't be true for long.
Supv Sumner - So the advantage to AMT i P> hotter oustorner service, at least in the
data The advantage to Crown is three (3) passible co- locators (ill addition to AT &T ).
J Woodward - The Viilage is going to benel;l'r frorn the increased data coverage -
Discussion regarding maps. Many of the maps are pmposcd coverage, not actual
coverage. There was some confusion as to which is which. The COW propagation map is actual
information - The other snaps are extrapolated computer data -riot real -tune information.
Supv Sumner — The neig+hbor's concern might be satisfied by ahortening the tower or
moving it a bit down the hill. Shortening it might be the easier solution.
Cl Stelick - Asked If J Kirby had everything from them he needs? FIe does not-
""5 Kirby - No ncvw information bcer� re dived sines chose letters were sent out with
the exception Of the packet that was handed out at last rnonth's meeting. I raised spine
questions or issues regarding the content of the major application book-
'age 4 of 1
TB 7 -15 -2009
Supv Sumner went over the points from J Kirhy's May 271J) and June 16U, letters. The
items in these letters haven't been fully addressed.
J Kirby - The height justification was explained at the June hoard meeting - it was to
accommodate the future co- locators with AT&T on the top.
Supv Sumner - Revised plans incorporating the property setback?
D Mighaccio - We indicated at the last meeting that we would move the tower furthcsr
back in the compound to meet the setback. That will be indicated on the final stamped
drawings we send over to Henry. Some information was given with the packets given out at the
June meeting. There were additional maps and verbal information.
J Kirby -,There is some basic information we still need to know - like the power level of
antennas - that was never submitted for record; i.e. the direction /pattenl of the antennas, the
radius of intended coverage. My comment is basically a response to: Does the application
comply with the requirements of the local law? Not necessarily is there anything wrong with
what was submitted? I'm just pointing out those things that either don't comply or wasn't
provided.
Supv Sumner:
Board members reviewed the SEAR Visual EAF form submitted (K2) with the AT &T
application. Some changes were made.
Page 1, #1: some items, 5+ didn't seem appropriate - but Not Applicable isn't an option.
Inter- county foot: trail - need to check
A site, area, lake, reservoir or highway - No
County road? North Road '/4 - '/a
State road? Routes 13, 392, 38 - '/4 - '/2
#3, Yes
Page 2, #4: Commercial - ' 1 mile; Other: Educational - * '/4 mile
#5, * `/d Yes (towers are closer)
#6: Need a better traffic count for Route 13 and Livermore Road for the EAR.
75 cars annually does not seem accurate.
#7: Activity, At a residence: Daily
Board members reviewed SEQR Part 1 submitted (K 1) with the AT &T application. Some
changes were made.
Page 2 - correct naive of owner - Tompkins County OR Tompkins Cortland Community
College. Not Tompkins County Community College. TAX ROLLS SHOW TC3 COMMUNITY
COLLEGE AS THE OWNER OF THIS PARCEL 37. -1 -8.2
Page 3 - # 1, Forest and Other: Educational
#2, .23 is actual acreage of leased portion. Need to check this .737 acres number. Also,
the area is PRESENTLY Forested and will be Unvegetated AFTER COMPLETION.
#41, Need to know depth to bedrock
#5, 10 -15 %, 100%
Page 4 - #1.1, list source of information - i.e. consulted DEC
Page 5 - Bla: Project sponsor acreage should not be full parcel acreage - .23
Blb -.23
Bl.i - 140? height, 12 feet width, 20 feet length
Blj - 100 feet
2 - grading plan shows about 200 cubic yards plus the foundation being removed
3 - Need to look at this answer in light of changing #2.
4 -.23
Page 6 - # of jobs created during construction - This is really none?
Page 8 - 925, Only Yes should be checked on first item. And only no on Other Local Agencies,
Page 5 of 16
TB 7 -15 -2009
Page
9 - #7 Education, residential
Board members reviewed SEQR Part 2.
Page
11, #1 Yes
Small to Moderate
Potential Large Impact
Small to Moderate
Can't answer 41h- need to know depth of bedrock
Small to Moderate
Small to Moderate
Page
12
Small to Moderate
Small to Moderate
Other Impacts: NA
#2, No
#3, No
#4, No
Page
13, #5, No
Page
14, #6, No
#7, No
#8, Need answer about endangered species first:
Page
15, #9, Need answer about endangered species first
#10, No
Page
16, # 11, Yes
Small to Moderate
Small to Moderate
®
Small to Moderate
#121 No, but need a letter from Schickel (AT&T indicated they have it and will supply it)
Page
17, # 13, No
#14, No
Page
18, # 15, No
# 16, No
#17, No
Page
19, # 18, No
#197 Yes
Small to Moderate
Small to Moderate
Small to Moderate
Small to Moderate
Small to Moderate
Small to Moderate
Page
19, # 19 continued
Small to Moderate
Small to Moderate
Small to Moderate
Under Other: Aesthetics, Small to Moderate
Page
20, #20, No
Part: 3 will not be needed
There isn't enough information to finalize the SEQR process this evening. Supv Sumner
will send an email with the remaining questions for AT&T within the week.
•
Page 6 of 16
T3 7 -15 -2009
Gas Drilling sGEIS discussion and resolution
Martin Hatch - Planning Board member and Town resident - Should landowners who
lease their lands be held partially responsible for contaminating ot:hcrs' properties if that
should happen? These leases allow gas drilling on their land that drill horizontally on to other
properties. There is nothing in here that says neighbors have to be good neighbors. There are
so many private wells in the Town. We need to protect them.
Supv Sumner - we're trying to help guide how the state is going to create this process.
RESOLUTION NO. 125 of 2009 - TOWN OF DRYDEN COMMENT ON ITEMS NOT
ADDRESSED IN THE NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION FINAL SCOPE FOR DRAFT
SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT
(dSGEIS) ON THE OIL, GAS, AND SOLUTION MINING REGULATORY
PROGRAM FOR THE MARCELLUS SHALE
MOVED by Cl Leifer, seconded by Cl Makar.
WHEREAS, ultimately we need to develop capacity to deliver safer, cleaner, and fully
renewable energy sources, and
WHEREAS, compared to other fossil fuels, natural gas is a relatively clean, relatively
low- impact source of energy that is being used to replace the use of coal and other fuels that
emit more greenhouse gases during a transition to a more sustainable energy future, and
WHEREAS, full development of New York State natural gas resources may only meet
energy needs for a limited period of time that will be measured in years or decades, yet
environmental damage could be permanent, and
WHEREAS, if done in an environmentally responsible manner, development: of the gas
resources of Upstate New York could be of great: economic benefit to landowners,
municipalities, and New York State, and
WHEREAS, there has been gas drilling in New York State for more than 1.00 years in
deposits that can be recovered by conventional means, but recent: advancements in technology
and increases in the price of energy have now made the extensive natural gas reserve in the
Marcellus Shale potentially recoverablc;, and
WHEREAS, gas production from the Marcellus Shale is expected to be done using
horizontal hydraulic fracturing ("fracking'j, a technique that requires pressurized injection of
millions of gallons of water containing certain proprietary chemicals into the underground
shale to release the gas, but the sweeping 2005 Energy Policy Act exempted hydro - (racking
from monitoring and regulation under the Safe Drinking Water Act, and
WHEREAS, during the summer of 2008, Governor Paterson directed the New York State
Department of )'environmental Conservation ( NYSDFC) to supplement the existing 1.992 Generic
Environmental impact Statement governing drilling to specifically address the specific
techniques used to tap the natural gas in the Marcellus Shale, and
WHEREAS, on February 6, 2009, the NYSDEC Division of Mineral Resources, Bureau of
Oil and Gas Regulation, released the final Scope for Draft Supplemental Generic Environmental
impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regula.tonj Program: Well Permit
Page 7 of 16
TB 7 -15 -2009
Issuance for Horizontal Drilling and High - Volume Hydraulic Frricturing to Deuelop the Marcellus
Shale and Other Loin - Permeability Gas Reseruoirs, and
WHEREAS, the Final Scope for the dSGEIS notes inspection and enforcement staffing
concerns related to fracking as well as public disclosure of (racking fluids as topics not
included in the Final Scope (Section 8.0), and
WHEREAS, adequate staffing and enforcement are essential to ensure each aspect of
(racking regulation is adhered to, and
WHEREAS, the current State budget crisis may inhibit NYSDEC's inspection and
enforcement ability, and
WHEREAS, the Town of Dryden has a responsibility to preserve and protect our natural
resources, water resources, highway infrastructure, and quality of life for our residents, now
therefore be it
RESOLVED, that the Dryden Town Board recommends that New York State incorporate
the following requests into t:he dSGEIS process:
That. New York
State calculate how many
inspectors and
staff will be needed to
adequately oversee all
subject operations related
to the (racking
process,
That permitting for gas drilling be delayed until New York State has in place an
adequately funded as well as staffed inspection and enforcement program,
That the comment period following promulgation of the dSGEIS be extended to at least
ninety (90) days,
That DEC should require baseline measurement of water quality prior to drilling
activities,
That, since adequate regulation and oversight by the New York State Department: of
Conservation will cost significant State and local funds, New York State should enact a
severance tax and adequate permit fees on gas drilling companies to pay the costs of such
regulation and oversight by the Department of Conservation and local officials, and pay for
training of local emergency response personnel,
That New York State require that all substances intended to be introduced into wells be
identified and the information be made public, with special notification to local emergency
response personnel and health care providers, before use of such chemicals is permitted,
That because local municipalities are responsible for regulating most land use within
their jurisdiction, including industrial uses, that: the public would be best served by
authorizing local municipalities to regulate the construction and placement of gas drilling
facilities through the special use permitting process,
That in order to protect the health, safety, and welfare of the public, local municipalities
be granted the authority to temporarily suspend drilling activities at a site, independent of DEC
approval, if violations of storm water runoff or groundwater protection laws are found by local
inspection officials,
0 That persons and firms engaged in drilling should be required to guarantee residents
access to potable water in the event of an incident that contaminates private or public wells by
posting a bond or capitalizing a recovery fund with sufficient resources to provide immediate
Page 8 of 16
r>3 7 -15 -2009
and permanent; relief to affected communities including but not limited to paying the legal and
infrastructure costs associates] with restoring private water supplies or creating and
corkstructing municipal walcr districts,
RESOI�VED, further, That a cope of this resolution shall be eent to GOVeTnOr Paterson,
Senators Skelos, Malcolm Smith, Winner, Seward, and Nozzolio, Speaker Silver,
Assemblywoman Lifton, Chair of Senate Corr trnittee on Environmental Con servation Ma.rceIIino,
Chair of Assembly Committee on Environmental Conservation Sweeney, Attorney General
Cuomo, Representatives DicGette, Salazar, and Hinchey, Senators Schurner and Ci.11ibrand,
Congressman Arcuri, New York State Association of Towns and Municipal Officials and Clerks.
SEQR ACTION; TYPE 11 -20
Roll Call Vote
Cl Stelick Yes
Cl Salomon Yes
Supv Sumner Yes
Cl Ma-kar Yes
Cl [.,eifer y(;s
SPECIAL USE PERMIT APPLICATION AUTOWORKS
AMENDMENT TO CONDITION 06 OF OCT 25, 2005, PERMIT
TO ALLOW UP TO 50 VEHICLES AS OPPOSED TO 10
AT 1278 DRYDEN ROAD
Dan Kwasnowfs ki and Henry Slater reloy0 their opinion to Supv Sumner that they felt
a limit on the number of vehicles doesn't make sense in this instance. The limit shoxtld instead
be that cars present are registered and :are parked on the paved surfacc_ The Board agreed,
The Board members reviewed the E Q R Short EAR' Fart 1 and filled out Part ll_
RESOLUTION #126 - NEG
SEAR DEC -
AUTOWORKS
SPECIAL USE PERMrr
AMENDMENT TO
CONDITION #6
OF OCTOBER
25, 2005
Cl Makar offered the following resolution and asked for its adoption;
HEREAS,
A. The proposed action involves consideration of the application of Autoworks to
amend Special Else Permit prior approval of condition #5 on October 25, 2005, to change the
limit of cars allowed at 1278 Dryden Road.
R, The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of unc_oordinatc d environmental r7evieW in
can nection with approval by the Town -
C, The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York Mate )environmental on!,;erva.kiOn IAw - the Skate Zrovirori mental Quality Review Act
"(SEQRI, (i) thoroughly reviewed the Short Environmental Assessment Form (the 'short EAF ° ),
Part 1, and any and all other documents prepared and submitted with respect to this proposed
a0t'inn And its crtuironrncnl'al rC:vi(`w, (ii) thoroughly analyzed I'hc potential Tek,vant ama,s of
environmental concern to determine if the proposed action may have a. significant adverse
Page's o €16
TB 7-15-2009
impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii)
completed the short EAF, fart 11;
NOW, THEREFORE, BE iT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the
short EAF, Part I, and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review, (ii) its thorough review of the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCRR
§617.7(c), and (iii) its completion of the short P AF, Part 11, including the findings noted thereon
(which findings are incorporated herein as if set forth at length), hereby makes a negative
determination of environmental significance ( "Negative Declaration") in accordance with SEAR
for the above referenced proposed action, and determines that neither a full Environmental
Assessment Form, nor an Environmental Impact Statement %vill be required, and
2. The Responsible Officer of the Town Board of the Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
confirming the foregoing Negative Declaration, which fully completed and signed short EAF and
determination of significance shall be incorporated by reference in this Resolution.
2n(i Cl Solomon
Roll Call Vote
Cl
Stelick
Yes
C1
Solomon
Yes
Supv Surriner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
The Town Board filled out the Special Permit Worksheet supplied by ZO Slater.
RESOLUTION #127 - AMEND CONDITION #6 OF AUTOWORKS SPECIAL USE PERMIT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, the Town board of the Town of Dryden hereby amends condition #6 of
Autowvorks Special Use Permit approval of October 25, 2005, as follows:
All vehicles
shall
be stored
and
parked on
a concrete or other paved impermeable
surface. No
unregistered
vehicles
shall
be stored
outdoors.
21id C1 Makar
Roll Call Vote
Cl
Stelick
Yes
C1
Solomon
Yes
Supv Sumner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
RESOLUTION #128 - APPROVE VOUCHERS FOR PAYMENT
Supv Sumner offered the following resolution and asked for its adoption:
Approve payment for vouchers #691 to 4693 in the amount of $2850.
211d CI Stelick
Page 10 o f 16
Roll Call Vote
Cl Steliuk yes
C[ Solomon Yes
upv Surnner Yes
Cl makar Yep
Cl Fifer Yes
TB 7 -1 5 -2{09
12E.SOLUTION #129 - CREDIT CARD BORROWIEWS RESOLUTION
Supv Sumner offered the following resolution and asked for ii's adoption:
RESOLV61),
1. Thee (own supervisor is �aahorized to sign an ,ppli 'atio, for a credit card to be
issued to the Town of Dryden on such form as the issuer of Chc: credit card may
require, and with such terms, provisions, conditions and authorized users as
may be cu l:nmary, usual and corIvcnient for the issuer and the
town-
. The town clerk shall prepare a
certified
copy
of
this resolution
anti shall certify
to the issuer the c4ignairures and
term of
office
of
the authorized
users.
. The authori=d users shall be the Town upervisor, Town Clerk, and Deputy
Town Clerk.
2131' Cl Solomon
Rau Call Voin
Cl
Stelick
Yezi
Cl
Solomon
Yes
Supv Sumner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
RESOLUTION
# 13 0
- XNTR.ODUCE LOCAL LAW
FOR PARTIAL PROPERTY TAX
EXEMP'T`ION
FOR
CAPITAL IMPROVEMENTS
TO RESIDENTIAL BUILDINCYS
C1 Leifer offered tfk4; following re solution and asked for its adoption:
RESOLVE, D, that this Town Board hereby introduces the following local law and sets
the public bearing on the sane for August 1.2, 20 10, et 7.00 p_m -
Vocal Law No,
1 _ pindingS_
of the Year 2009.
The Town of Dtvden finds and declares that-
a) The promotion of home improvements will have a positive impact on the quality
of the Town's housing stock;
b) Promoting the improvement of the Town's housing stork will maintain and
create jobs within the 'I'ou,., of L7ryden;
{rj [t is in the best interests of the Town to encourage homµowners to maintain and
improve their homes;
Page I 1 of 16
TB 7 -15 -2009
(�J Horne improvements can improve the erreW efficiency of tt..le 'ro;Xrn's housing
stock; and
e) Improving the energy efficiency of the Town's housing stock will have a positive
ergonomic hnpact on household incomes and strengthen the local economy.
2. LejZislatiVC ITIb2nt_
'Ch(., irk tent of this local law is to authorize, pursuant to Real Property Tax Law 421 -f, a
partial exemption from taxation for capital improvements in residential buildings within
the Town of Dryden.
. Definition,
For the purposes of this local law, a residential building shall mean any building or
structure designed and occupied exclusively for residential purposes by not more that
two families.
4_ Exemption_
a) Residential buildings reconstructed, altered or improved subsequent to the
effective, date or this local law shall be exempt from taxation and special ad
valorein levies to the extent provided herein_
b) Such buildings shall be exempt for a period of one year to the extent or one
hundred per centum of the increase in assessed value thereof attributable to
such reconstruction, alteration ter improvemeni; and for an ;Wdit'ional period of
isseven years subject to the following:
[iJ The extent of such
half per ccntum c
additional periodr
assessed value as
exemption, except
f[2) (a)(ii).
exemption shall be decreased by twelve and one-
if the "c:xcmpLion base" each scar (luring sash
The *exemption base" shall be the increase in
determined in the initial year of the term of the
as provided in Real Property Tax Law 42J-
Such exemption shall be limited to 69tity thousand dollars in
inr:n_xu ~d market value_
c) No such exemption shall he granted for reconstruction, alterations or
I
mprovements unless;
Such reconstruction, alteration or improvernent oche (= ()M menced
subsequent to the effective date of this local law; and
The value of such reconstruction, alteration or impmvemc_nt
exceeds three thousand dollars; and
(ill The greater portion, as determined by square footage of the building
reconstructed, altered or improved is at least five years cold.
J) For purposes of this local law the terms reconstruction, :Iteration or
I
mprovement shall not include ordinary maintenance and rcpoirs_
Page 12 of 16
T13 7 -15 -2009
e) The exemption shall not be granted for swimming pools, detached garages or
other accessory detached structures.
5. Application.
Such
exemption shall
be granted only
upon
application by the
owner of such
building
on a
form prescribed
by the
State
Board.
The application
shall be filed
with the
Tompkins County Department of Assessment.
6. Cessation: Transfer of Title.
In the event a building granted an exemption pursuant to this local law ceases to be
used primarily for residential purposes or title thereto is transferred to other that the
heirs or distributees of the owner, the exemption granted pursuant to this local law
shall cease.
7. Additional Filing.
Alter the filing of this local laws with the Secretary of State, a copy certified by the Town
Clerk shall also be filed with the Tompkins County Department of Assessment, and the
State Board.
8. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
2nd Supv Sumner
Roll Call Vote
Cl
Stel.ick
Yes
Cl
Solomon
Yes
Supv
Sumner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
Discussion of August 12th agenda
Supv Sumner requested Atty Perkins draft a Local Law for an extension to the COW
permit to the end of the year to be introduced at: the August meeting, per the client's request
for an extension pending the outcome of their Special Use Permit: application.
Bolton Point bonding update - Atty Perkins
Atty Perkins updated the board. The final obligation resulting from a lawsuit that was
settled was higher than anticipated. The difference needed to fulfill this obligation is to be
raised in the form of a bond. Due to the nature of the obligation, a public hearing is not
required. However, the Town Board may still order a public hearing if they wish. In either case,
a resolution to approve the bond will be needed.
The Board felt: it. was in the public's interest to hold a. public hearing. It will be set for
the August meeting.
RESOLUTION # 131 - ORDER PUBLIC HEARING ON BOLTON POINT BONDS
Supv Sumner offered the following resolution and asked for it:s adoption:
Pale 13 of l6
In the Matter
of
The Joint increase and Improvement uC ffiC
H� irllltI of Water District No. 1, Snyder Hill
Water District, Monkey Run Water Di%trici;,
Hall Road Water District, Turkey Hill Water
District, and Royal Road Waticr District in i1fic
Town of Dryden, Tompkins County, New York
ORDER
CALLING
PUBLIC
HEARING
TB 7 -15 -2009
HEREA S, the Town Board of the To)Am of Dryden, Tompkins County, New York, in
conjunction with the Villages of Lansing and Cayuga Heights, and the Towns of Lansing and
Ithaca, has determined and agreed to participate in I:hc} provision of a joint water project for a
new road at Bolton Point in the Village of Lansing and w contract joint indebtedness therefor in
accordance with Section 15.00 of the Local Finance Law pursuant to a Stipulation and
Settlement Agreement in %otlement of the matter of Crossmore v. Town of Ithaca, Tolam of
Lansing, Tovvn of Dryden. Village} of Lansing, Village of Cayuga HeigYts and Southern Cayuga
Lakri Intermunicinal Water Commission, Index No. 04 -0752, Supreme Court, County of
isTompkins; and
WHIP,�RPA , the Town Board of the Town of Dryden, Tompkins County, New York has
under consideration for said purpose the joint increase and improvement of the facilities of
Water District loo_ 1, Snyder HiII Water Oistri.ct, onkey Run Water District, Hall road Water
District, Turkey Mill Water District, aTId Royal Road Water District in and for said 'Town
consisting of (i) thrL reconstruction of the existing road; and (ii} construction of a new extension
thereto at Balton Point: to be known as Bolton Road: and
WHEREA , a map, plan imd report including an estimate of cost, relating to said joint
increase and improvement of Facilities has bc}en duly prepared; and
WHEREAS, the maximum estimated cosi; to said Dis(ricts of such joint increaqe and
improvement to be bonded is determined to be $27,975, it being further determined that the
rcrrkaining $722,025 of the overall $750.000 costs of this projc,Fct to be bonded shall be
,pportionrd and allocated to the 1Jill age s of L.aiiLNing and Cayuga Heigh [5 and the Consohdated
Water District in the Token of Lmasing and a water improvement area in the Town of Ithaca, and
Page 14 of 16
Tl3 7 -15 -2009
that an additional
$600,000 of
reserve fund
monies
of
the Southern
Cayuga
Lake
Islntermunicipal Water
Commission
will be utilized
to defray
the
overall proiect
costs, and
that
the joint indebtedness to be issued is $750,000 and that the ultimate share of the costs to be
allocated to the Town of Dryden shall be apportioned among the several water districts and
determined on the basis of benefits received or conferred or to be received or conferred from the
aforesaid improvement; and
WHEREAS, the cost shall be annually apportioned and the amounts so apportioned
shall be annually assessed upon all the taxable real property in each such District at the same
time and in the same manner as other Town charges, in an amount sufficient: to pay said
principal and interest as the same become due and payable, but if not paid from such source,
all the taxable real property within said Town shall be subject to the levy of ad valorem taxes
w =ithout limitation as to rate or amount sufficient to pay the principal of and interest on said
bonds; and
WHEREAS,
said
$750,000
maximum estimated cost to be
bonded shall be authorized to
® be financed by the
joint
issuance
by the Town of Ithaca, with the
Towns of Lansing and Dryden
and the Villages of Cayuga Heights and Lansing, of joint serial bonds with a maximum
maturity not in excess of the forty -year period prescribed by the Local Finance Law; and
WHEREAS, the aforesaid project has been determined to be an Unlisted Action
pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act, the implementation of
which as proposed, it has been determined will not result in any significant environmental
effects; and
WHEREAS, it is now desired to call a public hearing on said proposed joint increase and
inprovement and the map, plan and report including estimate of cost pursuant to Sections
202 -a and /or 202 -b of the `I'o.vn Law; NOW, THEREFORE, BE IT
follows:
•
ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as
Page 15 of 16
TB 7 -15 -2009
Section 1. A meeting of the Town Board of the Town of Dryden, Tompkins County,
New York, shall be held at the town hall, 93 East Main Street, in Dryden, New York, in said
Town, on the 12th day of August, 2009 at 7:00 p.m., prevailing time, for the purpose of
conducting a public hearing on the proposed joint increase and improvement: of the facilities of
Water District No, 1, Snyder Hill Water District, Monkey Run Water District:, Hall Road Water
District, Turkey Hill Water District, and Royal Road Water Districts in said Town and the map,
plan and report including estimate of cost as described in the preambles hereof, at which time
and place said Town Board will hear all persons interested in the subject thereof concerning
the same.
Section 2. The Town Clerk is hereby authorized and directed to cause a notice of
said public hearing to be published once in The fthaca. Journal, official newspaper of said Town,
and posted in the manner prescribed by law, which notice shall be in substantially the form
attached hereto as Exhibit. A and hereby made a part thereof.
Section 3. This Order shall take; effect immediately.
211i1 Cl Leifer
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
No action was taken to correct the version regarding the standard conditions on the
Special Use Permit resolution passed for Verizon Wireless on July 8, 2009. Per ZO Slater, the
difference in conditions between the standard conditions listed in the resolution and the most
recent standard conditions do not affect the Verizon Special Use Permit. As such, an
amendment is not needed.
There being no further business, on motion made, seconded, and unanimously carried, the
meeting was adjourned at 9:45 p.m.
Gi
ully submitted,
Patricia C. Millard
Deputy Town Clerk
Page 16 of 16
l)
2)
Dryden Town Board Meeting
93 East Main Street
Wednesday, July 15, 2009 — 6:00 PM
Agenda
Call fleeting to Order
Pledge of Allegiance
3) Roll Call
4)
5)
7)
9)
Honoring; Barbara Caldwell
Dominion Gas Facility
Auto Works :Special Use Permit — Discussion, SEQR, etc.
ATT Special Use Permit — Discussion, SEQR, etc.
Gas Drilling — dSGEIS Resolution
Introduce Capital Improvement Property Tax Exemption and schedule hearing
10) Amendment to Verizon Special Use Permit to correct version of standard conditions
11) Other Topics
The Next Town of Dryden Board jVfeeting
tivill be held Atigust 12, 2009 at the Town .Hall
osYil2009 1P:SG;15
] . lY'i HLY EPC?.RT OF SUPERVISOR
THE TOWN BOARD OF THE Town
of Dryden,
6,320,78
54,871
rsuant to Section 3,25 of
the Town Law, I
hereby
render the fallowing detailed statement
of 8111 moneys received and
disbursed by me
during
the m onth of July, 2009:
}ATED% .Atigusl 10,'2009
A GENERAL F M - TCWNWYDE
Balance Balance
4513012003 Inc -raases Decreases 07/31/2009
CASH
- CHECMCL
6,320,78
54,871
rw.00
1980477.
i2
179,2861 -�J.
C_F "S H- - -_ SA_ NGS
i5,512
-09
2_
CA93i
- SAVIMGS
5, 331,
;)4 `B' ,
08
22, 633.30
54,4,71,00
145, l3 S .
1.8
5, 208,
50-H
04
P>,TTY
CASH
53
600-
00
0,
00
0,00
600-00
PZ'_'TV
CASH -
1,
957 -
24
0,
C'0
0-00
1,
x57.24
;92.77
CASH - CHECKINC
TOTAL
5, 390,
225.10
74.305
21.1, ili,02
324.417.59
-26
5,22 ,
919.53
2.11
DA HIGHWAY TOWNWIDE FUND
CASH -
CHECKING
54,871
rw.00
22,_55
37,152.53
0.4V
C_F "S H- - -_ SA_ NGS
37,1.52,53
0 -00
2_
CASA - SAVINGS
01
�)0
CASH
SAVIraG.1�
1,405,
54,4,71,00
992.77
1,
71_,
04
37,
152,
53
1,370,
611.281
455.10
i09,712,00
T0TA.L
376.891.57
�iL2- ETNA LIgHTING DISTRICT
:I., 405,
;92.77
CASH - CHECKINC
39,
923.57
138 -1.1
74.305
-06
1.374,611
-26
3, 51x.33
OA GENERAL OUTSIDE FUND
2.11
188 -17
3, 329.2)
C.'LSN -
CHECKING
0'oo
38e493-09
38r493-09
0.00
CASH -
SA',rI -�Q1.;
470,1,52,35
X6,637,23
90,284
-39
488,505.143
PE'A'TY
CASH - Po5'I'FsGE
2,240
-19
0.00
0 -00
2,2
+16.14
'POTFUL
I112.
3 "x8.99
97,
1,30.32
78,
X17,
98
190,751.33
DH HICKWAY OUTSIDE FUND
CASH - CHECKING C.40 372.944 -425 372,961.65 O.00
CAS'fl - '3A.VINGS le 269+0+12. 40 151,492 -77 372,961.65 1,047,173.52
TOTAL le269p042.40 521,054.92 7450923,30 1,087,113.52
F1- DRYDEN FIRE DISTRICT
CASH - CHECFTNIG
0 -00
54,871
-00
22,_55
54,871,00
0.4V
C_F "S H- - -_ SA_ NGS
4, 067.10
0 -00
2_
CASA - SAVINGS
131,513.20
239.3?
54,4,71,00
376.891 -57
+$42.29
TOTAL
431„ 13.20
$5,110.37
{J9
455.10
i09,712,00
3,942,29
376.891.57
SL1- VARNA LIGHTING DISTRICT
CLiF,CKIN2
0-00
227_'v�
22,_55
0.4V
C_F "S H- - -_ SA_ NGS
4, 067.10
2_
fit
217.55
3
+$42.29
TOTAL
4- rO0 -40
229.
{J9
455.10
3,942,29
�iL2- ETNA LIgHTING DISTRICT
CASH - CHECKINC
0.40
138 -1.1
?88 -17
0.00
CF:: H - SAVINGS
3, 51x.33
2.11
188 -17
3, 329.2)
Page 1
� N
MONTHLY REPORT OF SUPERVISOR
Balance Balance
06/30/2009 Increases Decreases 07/31/2009
• TOTAL 3,515.33 190.26 376.34 3,329.27
SL3- MEADOW /LEISURE LIGHTING
CASH - CHECKING 0.00 188.79 188.79 0.00
CASH - SAVINGS 2,677.68 1.58 188.79 2,490.47
TOTAL 2,677.68 190.3'7 377.58 2,490.47
SM AMBULANCE DISTRICT
CASH - SAVINGS 279,700.83 177.76 0.00 279,878.59
'T'OTAL 279,700.83 177.76 0.00 279,878.53
SS1- SAPSUCKER SEWER - UNITS
CASH - SAVINGS 40,488.29 1,890.92 0.00 42,379.21
TOTAL 40,488.29 11890.92 0.00 42,.379.21
SS2- VARNA SEWER - UNITS
CASH - CHECKING 0.00 7,962.77 7,962.77 0.00
CASH - SAVINGS 173,352.04 61404.78 7,962.77 171,794.05
TOTAL 173,352.04 14,367.55 15,925.54 171,794.05
�SS3- CORTLAND RD SEWER
CASH - CHECKING 0.00 367.18 367.38 0.00
CASH - SAVINGS 201,464.51 10,486.46 367.18 211,583.79
POSTAGE 48.52 0.00 0.00 48.52
TOTAL 201,51.3.03 20,853.64 734.36 211,632.31
SS4- MONKEY RUN SEWER
CASH - CHECKING 0.00 4,390.47 4,390.47 0.00
CASH - SAVINGS 204,102.58 1,392.20 4,390.47 201,104.31.
TOTAL 204,102.58 5,782.67 8,780.94 201,104.31
SS5- TURKEY HILL SEWER
CASH - CHFCKING
CASH - SAVINGS
137,034.64
0.00
1, 315.39
2,644.20
11315.39
1,315.39
138,363.45
0.00
TOTAL
1.37,034.64
3,959.59
2,630.78
138,363.45
SS6- PEREGRINE HOLLOW SEWER
CASH - CHECKING
CASH - SAVINGS
95,397.88
0.00
3 +52.75
400.1.9
352.75
352.75
95,445.32
0.00
TOTAL
95,397.88
'752.94
705.50
95,445.32
�SS7- ROYAL ROAD SEWER
CASH - SAVIP;GS
25,399.75
110.00
0100
25,569.75
TOTAL
25,399.75
170.00
0.00
25,569.75
Page 2
f
MONTHLY REPORT ON SUPERVISOR
Balance
Balance
06/30/2009
Increases
Decreases
07/31/2009
W1- VARNA WATER
CASH - CHECKING
0.00
1,215.06
11215.06
0.00
CASH - SAVINGS
323,945.55
15,681.24
1,215.06
336,91.1.73
TOTAL
323,945.55
16,896.30
2,430.12
338,911.73
SW2- SNYDER HILL WATER
CASH - CHECKING
0.00
253.68
253.68
0.00
CASH - SAVINGS
66,100.61
1,398.93
253.68
67,245.86
TOTAL
66,100.61
1,652.61
50'7.36
67,295.86
SW3- MONKEY RUN WATER
CASH - CHECKING
O.QO
367.72
367.72
0.00
CASH - SAVINGS
199,451.04
3,191.1.8
367.72
2021274.50
TOTAL
199,451.04
3,558.90
735.94
202,274.50
SWd- HALL ROAD WATER
CASH - CHECKING
0.00
228.28
228.28
0.00
CASH - SAVINGS
32,425.50
20.46
228.28
32,217.68
TOTAL
32,425.50
248.74
456.56
32,2.17.68
SWS- TURKEY HILL WATER
CASH - CHECKING
�
0.00
218.76
218.76
0.00
CASH - SAVINGS
200,865.75
51728.76
2i8.76
206,375.77
TOTAL
200,
865.'155,
947.54
430' .
52
206,
375.77
SW6- ROYAL ROAD WATER
CASH - CHECKING
0.00
2,18.75
218.75
0.00
CASH - SAVINGS
26,622.86
769.91
218.75
27,394.02
TOTAL
26,822.86
1,008.66
437.50
27,399.02
PN MCARTHUR SPECIAL RESERVE
CHECKING - SPECIATo RESEWIES
2,922.90
0100
0.00
21922.90
TOT�tL
2,922.90
0.00
0.00
2,922.90
CD REHABILITATION LOANS AND GRANTS
CASH - CHECKING
209,889.30
70.75
71313.31
202,646.74
TOTAL
209,
889.30
10.75
7,
313.31.
202,
646.74
H CAPITAL PROJECTS - TOWN HALL
CASH - SAVINGS
I
010.43
0.64
0.00
1,011.07
TOTAL
10010.43
0.64
0.00
10011.07
TA AGENCY FUND
CASH - TRUST & AGENCY
20,897.20
1.83,243.59
183,260.07
20,880.72
Page 3
t
MONTHLY REPORT OF SUPERVISOR
Balance Balance
06/30/2009 Increases Decreases 07/31/2009
® TOTAL 20,897.20 i83,243.59 183,260.07 20,880.72
CM MISC SPECIAL REVENUE /MCARTHLJR
CASK - SAVINGS 22.03 0.00 0.00 22.03
TOTAL
HB CORTLAND ROAD SEWER BAN
CASH - SAVINGS
TOTAL ALL FUNDS
TOTAL
22.03
0.00
0.00
22.03
29,'796.65
0.00
0.00
24,798.65
24,798.65
0,00
0.00
24,798.65
11,195,574.23 1,177,523.14 11558,729.45 10,819,367.92
Page 4