HomeMy WebLinkAbout2012-12- 20 TB 12-213. 12
TOWN OF DRYDEN
TOWN BOARD MEETING
December 20, 2012
Present : Supervisor Mary Ann Sumner, Cl Stephen Stelick , Cl Joseph
Solomon , Cl Jason Leifer , Cl Linda Lavine
Elected Officials: Bambi L. Avery , Town Clerk
Other Town Staff: Dan Kwasnowski , Director of Planning
Jane Nicholson , Planner
Mahlon Perkins , Town Attorney
Supv Sumner opened the meeting at 7 : 05 p. m . and board members and guests
participated in the pledge of allegiance .
PUBLIC HEARING
PROPOSED AMENDMENT TO 2005 COMPREHENSIVE PLAN
HAMLET OF VARNA COMMUNITY DEVELOPMENT PLAN AND
PROPOSED ZONING AMENDMENTS RELATED TO THE
VARNA COMMUNITY DEVELOPMENT PLAN
Supv Sumner opened the public hearings at 7 : 07 p . m . and Town Clerk B Avery read the
legal notice of public hearing published in The Ithaca Journal .
® Supv Sumner thanked the town planners and members of the Varna community that
participated in the development the hamlet plan . There were many public meetings and much
public input. There were no comments from the board .
Jim Skaley , 940 Dryden Road , said after years of helping and working with staff, he
would like to thank the town board and planning board and staff. He is looking forward to
implementation of the plan . It will be of considerable benefit in development to both the Varna
community and the town as a whole .
Nick Bellisario and Otis Phillips said they are not real happy with the zoning change
and reviewed the history of what they've been through with their property at the corner of
Route 366 as Freese Road . The purchased it in 2004 with a material storage special permit
(transferred to them) and they cleaned up the site . They started filling the site and had to
control the water that belongs to the state, town and neighbors that should have continued
down the road . They had to take fences down that were part of the special permit and remove
some trees in order to fill . Their special permit was revoked , and the town didn 't give them a
second chance . Every step of the way they were given problems . H Slater made them do a full
stormwater management plan and they thought they only needed a silt fence . They had to put
in a retention pond that was later filled in . They did not do some of the things they were
supposed to do, and were subject to weekly inspection at $ 150 per week . They were fined
$8 , 000 for vehicles on the property. It seems they are not allowed to do anything on that lot.
They tried some development things . The Planning Department said to try townhouses, and
wanted a site plan and stormwater plan and they paid $5 , 000 for that. Then there was a
problem with the size of the lot that would cause them to go to site plan review . Site plan
review didn 't happen because it was too costly . This summer they wanted to try for a material
storage yard and tow yard . They were told by the Planning Department it was okay . Then after
submission of the paperwork , they were told a material storage yard was not an allowed use
anymore . They tried the tow yard and were told to try a smaller version . They never received a
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T13 12-20. 12
call back from the Planning Department , and now they 've been told a tow yard is not an
allowed use in the new zoning. N Bellisario said they have asked several people in the Planning
Department, and there seems to be a lot of confusion about the old law and new law . It seems
that they 've been blocked every step of the way . They bought the lot for what was an allowed
use . That corner wouldn 't be in the development plan if they hadn't filled it, yet everyone
fought them on the fill. They get the feeling that the zoning is being developed to prevent them
from using their property . Their plan would not have lowered anyone 's property values . They
have a trailer park across the street (with an unrepaired trailer in it) , and an auto repair shop
and Laundromat and parking lot across the other road . Their investment goes down and their
assessment goes up .
Cl Lavine said it seems the property would be good for housing , and N Bellisario said
they lost their investor for that . That doesn 't lit their needs , but they were willing to give it a
try .
Supv Sumner said it seems there has been a lot of misunderstanding and she will
arrange a meeting with Planning Department and a few board members.
N Bellisario said he is totally against the new zoning. No one will invest in sidewalks , or
clear them after they are covered by a snowplow . It's unrealistic . A lot of the people in favor of
this planning don 't even live on that road . They are ready to sell the lot and will look at getting
their taxes reduced .
Wayne Woodward said he has lived in Varna off and on since the 1980 's . In the late
2000s he bought properties in the 800 block of Dryden Road . He bought them with the
intention of renovating. Varna is in a 1950s mode , and he saw potential for redeveloping these
properties. He has been landlord for 27 years, and he cleaned them up and gave them some
® curb appeal . He was under the impression under the old zoning he could do 12 units per acre .
He wanted to do a nice development that would add to the community, similar to what
Lucentes did. There 's a lot a negativity about what they want to do , but they propose to add a
lot of tax base , sidewalks and lighting. Some of the zoning changes will not stimulate that in
any way . As much as lot of people want things to stay the same , things need to progress . He
has spent a lot of money on these properties, and thought he could do a reasonable
development . Now he is running into a wall because he can 't do what he had planned . He can
only do half of what he could potentially do . His value got cut in half. Developing is expensive
so you need to put in as many units as you can to make it make sense and you can afford it.
Under the old zoning he could have had 36 units on his properties , now he is down to 18 . From
a development point of view , it. takes all the wind out of the sails .
Supv Sumner closed the hearing on the amendment to the Comprehensive Plan at 7 : 28
p. m .
The board reviewed the long form SEQR on the Comprehensive Plan amendment . Part I
is filled out as "not applicable" with a long Part D explanation describing the plan and its goals
and result. Each project proposed will undergo its own SEQR review , so none of the categories
in Part I apply because you 're not proposing to do something that won 't require further SEQR .
Part II has no result because it doesn 't result in a physical change , but it should be reviewed .
Supv Sumner read Part II and all answers were " no" .
RESOLUTION # 182 (2013 ) - NEG SEQR DEC - COMPREHENSIVE PLAN AMENDMENT
CI Leifer offered the following resolution and asked for its adoption :
WHEREAS,
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TIC 12-20- 12
A . The proposed action involves consideration of the approval of an amendment to
the Town of Dryden 's 2005 Comprehensive Plan , such amendment to be known as the Hamlet
of Varna Community Development Plan .
B . 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 uncoordinated environmental review in
connection 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 State Environmental Conservation Law - the State Environmental Quality Review Act
" ( SEQR) , (i) thoroughly reviewed the Long Environmental Assessment Form (the "Long EAF") ,
Part 1 , and any and all other documents prepared and submitted with respect to this proposed
action and its environmental review, (ii) thoroughly analyzed 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 §61. 7 . 7 (c) , and (iii )
completed the Long EAF, Part II ;
NOW , THEREFORE , BE IT RESOLVED AS FOLLOWS :
1 . The Town Board of the Town of Dryden , based upon (i) its thorough review of the
Long 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 Long EAF, Part Ii , 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 SEQR for the above
referenced proposed action , and determines that neither a full Environmental Assessment
Form , nor an Environmental Impact Statement will 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 Long EAF and
determination of significance shall be incorporated by reference in this Resolution .
2t 11 Cl Stelick
Roll Call Vote CI Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
CI Lavine Yes
Supv Sumner closed the public hearing on the zoning amendment at 7 : 35 p . m .
D Kwasnowski thanked the Varna community for participation in the plan . The process
went beyond the norm . It will hopefully be included in a new book , The Rewrite of Rural By
Design by Randall Arendt , who is an open space planning guru . It is a very well known book
in the planning world . It is also being considered as a case study for an EPA national project
and being used as a model case study for hamlet redevelopment in New York State. That's
another national study trying to look at examples of current planning. It is trying to preserve
community character but also have smart growth using water and sewer facilities where they
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exist . It is nice to have this w ork recognized by other people that are looking for good
examples .
It was a challenge and great to work with a community that is deeply passionate and
participatory . The Planning Department did a lot of work and used progressive techniques in
working with the developers and residents , and tried to find a balance between the two . They
plan to continue to use community groups during implementation.
D Kwasnowski said he talked with Nick Bellisario earlier. There aren 't a lot of people
who walk in the Varna community now because it 's dangerous . If you don 't try to redevelop
the community , it won 't happen . I•Ie and Jane Nicholson are working on taking the
transportation projects (sidewalks and roundabout) and bring it into a transportation
improvement project and get it on the list of projects for federal funding. It's a state route and
should rank well because we have a very strong, community based plan . it 's difficult to get that
money , but this is a good chance to enter of the realm of federal funding for highway projects.
It makes a difference for development in community .
D Kwasnowski talked with Mr. Woodward some time ago about his property and what
would have to be done with it. That was taken into consideration in the development plan . He
pointed out that from the zoning amendments adopted in July , the maximum number of units
he could build is 40 units. Previously if you had a property that was 2 acres or less , you could
build up to 20 units an acre .
Nick Bellisario 's townhouse plan was good , but because the survey showed 2 . 1 acres,
he had to have a special use permit . Under the proposed law being considered tonight, Mr
Woodard can redevelop his property , following the procedures under Varna neighborhood
development , with up to 14 units per acre . The LEED -ND has to do with using green
infrastructure, so using good stormwater facilities , being on or hear a bus route , near an
employment center and other things which Mr. Woodward would qualify for. Varna is the only
place in town that would actually qualify , and that 's a really good program . Dryden will be one
of the first communities to incorporate that LEED - ND plan nation-wide.
Supv Sumner said one of the things they like about the new zoning ordinance and this
amendment is the flexibility . It's new and not that easy to understand because these are sort
of add-ons to the basic chart. It makes more things possible .
D Kwasnowski said he did make a mistake over the summer with the proposal for the
material storage yard and towing service regarding when the applicant had a vested right. At
the time he thought if he had the application before adoption of the new zoning law that it
could be considered . It was just before the public hearing that the town attorney informed him
that was not correct.
D Kwasnowski said he thinks the Varna Community Development Plan is a great plan .
He was apprehensive about the previous zoning amendment , but since its adoption he has
come to believe it is much more flexible and is comfortable with it. It seems to work a lot better
and they haven 't had to turn anyone down for anything . Atty Perkins worked hard to make
this amendment very similar to the prior zoning ordinance .
The board reviewed the long form SEQR for the zoning amendment. Part I doesn 't apply
to zoning changes. Supv Sumner read Part Il and all answers are "no" .
RESOLUTION # 183 (2013) - NEG SEQR DEC - APPROVAL OF AMENDMENTS TO THE
TOWN OF DRYDEN ZONING ORDINANCE
Cl Solomon offered the following resolution and asked for its adoption :
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TB 12-20- 12
• WHEREAS ,
A . The proposed action involves consideration of the adoption of amendments to
the Town of Dryden 's Zoning Ordinance .
B . 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 uncoordinated environmental review in
connection 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 State Environmental Conservation Law - the State Environmental Quality Review Act
" (SEQR) , (i) thoroughly reviewed the Long Environmental Assessment Form (the " long EAF") ,
Part I , and any and all other documents prepared and submitted with respect to this proposed
action and its environmental review , (ii) thoroughly analyzed 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)
completed the Long EAF, Part II ;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS :
1 . The Town Board of the Town of Dryden , based upon (i) its thorough review of the
Long 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 Long EAF, Part II , 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 SEQR for the above
referenced proposed action , and determines that neither a full Environmental Assessment
Form , nor an Environmental Impact Statement will 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 Long EAF and
determination of significance shall be incorporated by reference in this Resolution .
2nd Cl Leifer
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
CI Leifer Yes
Cl Lavine Yes
D Kwasnowski said Tompkins County Planning sent a 239 (1) &(m) review. They propose
a 100 ' setback from the top bank of Fall Creek with the first 50 ' maintained as natural
vegetation . He said an analysis of this was done during development of the plan . That
distance would put a lot of existing houses within the buffer. They want to keep that area
open . It is a natural downhill area for stormwater facilities which could be wetlands and
actually enhance habitat .
® The County wanted a minimum density requirement , but that is not consistent with
community desire . We want to encourage density , but not require it. The County did not like
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different density requirements according to ownership. They want it the same and to reflect a
• higher density . The plan incentivizes owner-occupied without making it impossible to have
rentals.
The County recommends design standards to take advantage of passive solar
orientation . D Kwasnowski said it is recommended in the LEED ND , but he doesn 't think
we 're to the point of requiring it.
There is also a comment in their review regarding developing clear, easily
understandable standards for what it acceptable and desired , and providing a streamlined
review process for projects that meet these standards .
Cl Leifer said he believes this amendment will help improve community . Cl Stelick said
he agrees, but though we 've gone above and beyond , we still need to do a better job with public
outreach. He commends Cl Lavine for committing to listen to N Bellasario 's concerns. There
has been a lot of confusion .
Supv Sumner said the site on the corner of Freese Road has been a challenge for many .
No one in a residential area embraces a fill site, but it has come out looking nice and it is ready
the next step . She appreciates the work that was done on the site , and hopes for some
development in the near future . They have tried to make the plan flexible, but generally
compatible with the vision of a residential / commercial neighborhood .
N Bellisario said the plan eliminates things they wanted to do , but it doesn 't eliminate
the gas stations and auto repair shops that the area is already saturated with .
411 RESOLUTION # 184 (2012 ) - APPROVING AN AMENDMENT TO THE TOWS 2005
COMPREHENSIVE PLAN, SUCH AMENDMENT TO BE KNOWN AS
THE HAMLET OF VARNA COMMUNITY DEVELOPMENT PLAN
CI Leifer offered the following resolution and asked for its adoption :
WHEREAS , the town board requested the town planning board to review and report on
a proposed amendment to the town 's 2005 Comprehensive Plan relating to Varna ; and
WHEREAS , the town Planning Department , with assistance from Behan Planning and
Design Consultants, prepared a plan for Varna based upon input from the town board ,
planning board , ad hoc advisory board, Varna business owners and interests , and the Varna
community at large ; and
WHEREAS , as a result of the above efforts a report entitled Hamlet of Varna Community
Development Plan was prepared and in various forms and times presented to the town board,
the planning board and the community of Varna ; and
WHEREAS , the planning board held a public hearing on October 23 , 2012 on the
Hamlet of Varna Community Development Plan which would constitute an amendment to the
town 's 2005 Comprehensive Plan ; and
WHEREAS , after considering the comments of the public at the public hearing and
thoroughly reviewing the Hamlet of Varna Community Development Plan, the planning board
has recommended that the town board adopt the Hamlet of Varna Community Development Plan
as an amendment to the town's 2005 Comprehensive Plan ; and
S
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TB 12-20- 12
WHEREAS , before the town board can adopt the Hamlet of Varna Community
• Development Plan as an amendment to the town 's 2005 Comprehensive Plan , it must hold a
public hearing thereon , therefore ; and
WHEREAS , the town board held a public hearing on the proposed Hamlet of Varna
Community Development Plan on December 20 , 2012 at 7: 00 o 'clock p . m . at the town hal.1 and
heard all interested persons concerning the proposed amendment ;
NOW , THEREFORE , BE IT RESOLVED , that the proposed Hamlet of Varna Community
Development Plan, be and hereby is approved .
2 11d Cl Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
RESOLUTION # 186 (2012) - APPROVING CERTAIN AMENDMENTS TO THE TOWN OF
•
DRYDEN ZONING ORDINANCE FOLLOWING ADOPTION OF HAMLET OF VARNA
COMMUNITY DEVELOPMENT PLAN
CI Stelick offered the following resolution and asked for its adoption :
WHEREAS , the town board has heretofore approved an amendment to the town 's 2005
® Comprehensive Plan , which amendment is known as the Hamlet of Varna Community
Development Plan; and
WHEREAS , the town board held a public hearing on proposed amendments to the
town 's Zoning Ordinance recommended by the Hamlet of Varna Community Development Plan
on December 20 , 2012 at 7 : 00 o 'clock p . m . at the town hall and heard all interested persons
concerning the proposed amendment,
NOW , THEREFORE , BE IT RESOLVED as follows :
The Town of Dryden Zoning Ordinance last amended and effective August 6 , 2012 is
hereby further amended as follows :
I . Article III - Definitions is hereby amended by adding thereto the following definitions in
the appropriate alphabetical order in such Article :
Comprehensive Plan - The 2005 Town of Dryden Comprehensive Plan adopted
by the Town Board pursuant to Town Law 272 -a on December 8 , 2005 ,
including amendments thereto .
Green Neighborhood Development - A neighborhood developed and certified in
LEED Neighborhood Development rating system and achieving at least basic
certification .
Hamlet of Varna Community Development Plan - An amendment to the
® Comprehensive Plan pursuant to Town Law 272 -a and adopted by the Town
Board on December 20, 2012 .
Page 7 of 31
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• LEED - The acronym for " Leadership in Energy and Environmental Design . "
LEED is a family of green building rating systems developed by the United
States Green Building Council (USGBC) . LEED provides verification of high
environmental performance in building and neighborhood design and
construction . The LEED family of rating systems includes a rating system for
Neighborhood Development . A LEED rating system contains a combination of
required prerequisites and optional credits and evaluates projects based on a
100 -point base scale (not including up to 10 special "innovation " and "regional
priority" bonus points , explained in the Rating System ) . Projects seeking
certification must meet all prerequisites and earn at least 40 points by achieving
various credits . Beyond basic certification , projects may achieve Silver (50
points) , Gold (60 points) , or Platinum (80+ points) certification for increasingly
high performance .
Neighborhood Development - The development or redevelopment in Varna of
at least three (3) tax parcels , or an area of at least two (2 ) acres .
Redevelopment - The planning, development, design , clearance , construction ,
or rehabilitation of existing property inprovements , regardless of whether a
change in the Principal or Accessory Use occurs.
Varna - that area of the Town encompassing the Varna Hamlet Mixed Use
District, Varna Hamlet Residential District, and Varna Hamlet Traditional
District .
® Varna Design Guidelines and Landscape Standards - The Town of Dryden ,
Hamlet of Varna Design Guidelines and Landscape Standards adopted on
as an amendment to the Zoning Ordinance . These guidelines and
standards are found in Appendix E, and are hereby made a part of this
Ordinance by reference to such Appendix .
2. Section 400: Districts , is hereby amended by deleting the definition of " H - Hamlet
District' and by adding the following definition to such section :
VHMUD - Varna Hamlet Mixed Use District
The purpose of the Varna Hamlet Mixed Use District (VHMUD) is to foster new
and redevelopment of existing properties while retaining the traditional
character of buildings , as well as the hamlet character found in Varna and
described in the Varna Community Development Plan . The purpose includes
Traditional Neighborhood Design , and commercial development of vacant lots,
including the combining of lots and rehabilitation of existing buildings.
VHRD - Varna Hamlet Residential District
The purpose of the Varna Hamlet Residential District (VHRD) is to foster
development of new residential neighborhoods , and accommodate existing
neighborhoods. Lots in this district will be large enough to accommodate
significant residential development without affecting the character of the hamlet.
VHTD - Varna Hamlet Traditional District
The purpose of the Varna Hamlet Traditional District (VHTD) is to foster
® development in environmentally sensitive areas . This area is along Fall Creek,
an important drainage area in the hamlet. Lot sizes and a limited amount of
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113 12-20- 12
development that is sensitive to these resources, and designed in a more
• traditional manner are preferred .
3 . Section 401 : Zoning Map , is hereby amended to read as follows :
"All land in the Town of Dryden shall fall within one of the established zones as
shown on a map entitled the 'Town of Dryden Zoning Map" dated December 1 ,
2012 . The original and official Town of Dryden Zoning Map is filed with the Town
Clerk. A reduced and unofficial copy is found in Appendix A . "
4 . Section 402 : Boundary Determinations is hereby amended by adding thereto a new
subsection H to read as follows :
"H . One Parcel in Two Zones . Except in the VHMUD , VHRD , and VHTD , when a
parcel is divided by a zoning district boundary, the regulations and
requirements of the least restrictive zone may be extended for a distance of 100
feet into the more restrictive zone . "
5 . Section 501 : Allowable Use Groups Chart is hereby amended by deleting the column
labeled "H Hamlet" from the chart .
6. Section 600: Area and Bulk Table is hereby amended by deleting the column labeled "H
Hamlet" from the table .
7. There is hereby enacted and ordained a new Article VII to read as follows :
111 ARTICLE VII: VARNA
Section 700: Applicability
This Article applies only to the three zoning districts which constitute Varna: the Varna Hamlet
Mixed Use District (VHMUD) , Varna Hamlet Residential District (VHRD) , and the Varna Hamlet
Traditional District (VHTD) .
Section 701 : Design Guidelines and Standards
•
All development and re-development of Lots and property in Varna shall comply with the Varna
Design Guidelines and Landscape Standards , including:
A . Landscape Design . Any proposed development or re -development subject to a building
permit or review under this Ordinance shall include a landscape and planting plan that
includes :
1 . A map or sketch of existing vegetation to be retained or removed .
2 . A detailed landscape plan that includes a list of the number, type and location of
proposed vegetation .
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TI3 12-20- 12
3 . A narrative or drawing demonstrating how the development or re -development
• will preserve open space and existing natural features including mature trees,
tree canopies , land forms , existing topography and vegetation .
R . Streetscape and Sidewalk Design . Any proposed development or re-development subject
to a building permit or review under this Ordinance shall include plans for sidewalks or
pedestrian paths that contribute to the goal of a unified pedestrian network in Varna.
Any such proposed development or re -development shall include a streetscape and
sidewalk plan that includes :
1 . A map or sketch and list of dimensions of proposed pedestrian paths, sidewalks ,
and trails.
2 . A map and sketch detailing streetscape amenities including lighting, sidewalk
furniture ( such as benches and refuse containers) , signage , and a maintenance
plan for such amenities, including provisions for snow removal .
3 . Any proposed development or re- development along Route 366 requires
sidewalks.
C. Building and Architectural Detail .
1 . No proposed Building shall exceed 40 feet in height.
2 . Any proposed development shall be designed to preserve , as much as
practicable, the existing views and line of sight of existing buildings and
neighboring properties.
D. Streets and Parking.
1 . Any proposed development shall provide a circulation plan in and around the
development for pedestrians , vehicles, and cyclists which includes a detailed
map showing:
a . Proposed roads, trails and cyclist paths .
b. The connection of proposed roads , trails and cyclist paths to existing
public highways .
c . Circulation patterns including points of ingress and egress.
d . The dimensions of any proposed roads , trails and cyclist paths .
e . The location of any proposed curbcuts to Route 366 .
L The location and number of proposed parking spaces .
Page 10 0. 31
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2 . New roads should be designed and located to preserve existing topography, as
• much as practicable .
Section 702 : Varna Use Regulations
All uses in Varna shall comply, to the maximum extent practicable , with the Varna Design
Guidelines and Landscape Standards .
A. Planning Department Report . No application shall be deemed complete without a
written report by the Planning Department detailing the extent to which the application
complies with the Varna Design Guidelines and Landscape Standards.
1 . For applications which require either Town Board approval or Planning Board
approval , such report shall be considered part of the application and subject to
review by the respective Boards.
2 . For applications which require only a Building Permit, such report shall be
completed prior to the issuance of a Building Permit .
13. No structure or land in Varna shall be used except as provided in the Allowable Use
Groups Chart in subsection C below. Uses which are not explicitly permitted are
prohibited , unless specifically stated elsewhere in this Ordinance .
C . Building Sizes:
1 . In the Varna districts, no Use shall include a Structure larger than 5 , 000 square
feet without a Special Use Permit .
2 . All exemptions in Section 603 shall also apply in Varna.
D. In the following Allowable Use Groups Chart :
"P" means the use is allowed as of right , but in many cases requires Site Plan
Review ;
"SPR" means this use requires Site Plan Review ;
" Special Use Permit" or "SUP" means the use requires a Special Use Permit;
"X" means the use is not allowed in that particular district.
Allowed Varna Hamlet Varna Hamlet Varna Minimum
Principal Uses Mixed Use Residential District Hamlet Let Size
District (VHRD) Traditional
(VI-IMUD) District
(VHTD)
Agricultural Use P P P None
Farrnstand P P P None
Page I I of 31
sru 12-20- 12
Allowed Varna Hamlet Varna Hamlet Varna Minimum
® Principal Uses Mixed Use Residential District hamlet Lot Size
District (VHRD ) Traditional
(VHMUD) District
(VHTD)
Artist Studio/ Craft SPR X SPR 1 / 8 Acre
Workshop
Automotive Repair Garage SPR X X 1 Acre
Bed And Breakfast SPR SPR SPR None
Establishment
Boarding House SPR SPR SPR % Acre
Day Care Center SPR SPR X 1 Acre
Gasoline Station SPR X X 2 Acres
General Office Building SPR SPR X 1 Acre
Hotel/ Motel I SPR X I X 1 Acre
Industry , Light SUP / SPR SUP / SPR X 2 Acres
Inn SPR SPR SPR '/2 Acre
Nursery / Greenhouse, SPR SPR X 1 Acre
Retail
Professional Office SPR SPR SPR None
® Restaurant SPR X X None
Retail Business SPR X X None
Retail shopping SPR X X 2 Acres
center/ plaza
Retreat / Conference Center SPR SPR X 2 Acres
Service Business SPR X X None
Theater SPR SPR X 1 Acre
Bed and Breakfast, Home SPR SPR SPR None
Congregate Care Facility SPR SPR X 1 Acre
Day care home , Family SPR SPR SPR None
Day Care , Family Group SPR SPR SPR None
Dwelling , accessory unit SPR SPR SPR None
(Sees 1311 )
Dwelling, multi-family SPR SUP SUP 1 Acre
Dwelling, single-family P P P None
Dwelling, two- family SPR SPR SPR 10 , 000
square feet
Page 12 of 31
TH 12-20- 12
Mowed Varna Hamlet Varna Hamlet Varna Minimum
Principal Uses Mixed Use Residential District Hamlet Lot Size
District (VHRD ) Traditional
(VHMU D) District
(VHTD)
Dwelling, upper-floor SPR SPR SPR None
apartments
Elder Cottages See Section See Section 1305 Sec Section None
1305 1305
Home Occupation : Level 1 P P P None
Home Occupation : Level 2 P SPR SPR one
Manufactured Home X X X None
Manufactured Home Park X PUD X 5 Acres
Senior Housing SPR SPR SPR 1 Acre
Senior Care Facility SPR SPR X 2 Acres
Workshop / Garage - Non - P P P None
Commercial
Educational Use I SPR SPR X None
Library SPR SPR X 1 Acre
® Lodge or Club SPR SPR SUP 0 Acres
® Municipal Use SPR SPR X None
Public Safety SPR SPR X '/2 Acre
Public Utility SUP SUP SUP '/2 Acre
Religious Institution SPR SPR SUP None
Recreation , Active SPR SPR X 1 Acre
Recreation, Passive SPR SPR SPR None
Recreation Facility , SPR SPR X 2 Acres
Amusement
Recreation Facility, Athletic SPR SPR X Acres
Allowed Varna Hamlet Varna Hamlet: Varna Minimum
Principal Uses Mixed Use Residential District Hamlet Lot Size
District (VHRD ) Traditional
(VHMUD) District
(VHTD)
Agricultural Use P P P None
® Farmstand P P P None
Page 13 of 31
•113 12-20- 12
Allowed Varna Hamlet Varna Hamlet Varna Minimum
Principal Uses Mixed Use Residential District Hamlet Lot Size
District (VHRD) Traditional
(VHMUD ) District
(VHTD)
Artist Studio / Craft SPR X SPR 1 / 8 Acre
Workshop
Automotive Repair Garage SPR X X 1 Acre
Bed And Breakfast SPR SPR SPR None
Establishment
Boarding House SPR I SPR SPR % Acre
Day Care Center SPR SPR X 1 Acre
Gasoline Station SPR X X 2 Acres
General Office Building SPR SPR X 1 Acre
Hotel / Motel SPR X X 1 Acre
Industry , Light SUP/ SPR SUP/ SPR X 2 Acres
Inn SPR SPR SPR 1/2 Acre
Nursery / Greenhouse, SPR SPR X 1 Acre
Retail
Professional Office SPR SPR SPR None
® Restaurant SPR X X None
Retail Business SPR X X None
Retail shopping SPR X X 2 Acres
center/ plaza
Retreat/ Conference Center SPR SPR X 2 Acres
Service Business SPR X X None
Theater SPR SPR X 1 Acre
Bed and Breakfast, Home SPR SPR SPR None
Congregate Care Facility SPR SPR X 1 Acre
Day care home , Family SPR SPR SPR None
Day Care, Family Group SPR SPR SPR None
Dwelling, accessory unit SPR SPR SPR None
(See § 131 1 )
Dwelling, multi-family SPR SUP SUP 1 Acre
Dwelling , single -family P P P None
II Dwelling, two-family SPR SPR SPR 10 , 000
square feet
Page 14 of' 3I
TB 12-20- 12
Allowed Varna Hamlet Varna Hamlet Varna Minimum
11111 Principal Uses Mixed Use
District Residential District Hamlet Lot Size
(VHRD) Traditional
(VHMUD) District
(VHTD)
Dwelling, upper-floor SPR SPR SPR None
apartments
Elder Cottages See Section See Section 1305 See Section None
1305 1305
Home Occupation : Level 1 P P P None
Home Occupation : Level 2 P SPR SPR None
Manufactured Home X X X None
Manufactured Home Park X PUD X 5 Acres
Senior Housing SPR SPR SPR 1 Acre
Senior Care Facility SPR SPR X 2 Acres
Workshop / Garage - Non- P P P None
Commercial
Educational Use SPR SPR X None
Library SPR SPR X 1 Acre
® Lodge or Club SPR SPR SUP 2 Acres
Municipal Use SPR SPR X None
Public Safety SPR SPR X 1/12 Acre
Public Utility SUP SUP SUP '/2 Acre
Religious Institution SPR SPR SUP None
Recreation , Active SPR SPR X l Acre
Recreation , Passive SPR SPR SPR None
Recreation Facility , SPR SPR X 2 Acres
Amusement
Recreation Facility, Athletic SPR SPR X 2 Acres
Section 703 : Varna Density Table
All residential uses in Varna are subject to the maximum number of Dwelling Units per area
set forth in the following Varna Density Table .
0
tinge 15 of 31
T13 12-20- 12
Type of Varna Varna Varna
m Green Redevelopment
• Development
Hamlet
Hamlet halet Development Bonus
Mixed Use Residential Traditional Bonus
District District District
(VHMUD) (VHRD) (VHTD) (See Section (See Section 707)
706)
Single Family 8 d . u . per 1 12 d .u . per 4 d . u . per 2 d . u . per 1 1 d . u . per 1 Acre
Home Acre 1 Acre 1 Acre Acre or tax parcel
Duplex (Rental) 4 d .u . per 1 6 d . u . per 1 2 d . u . per X X
Acre Acre 1 Acre
Townhouse 10 d . u . per 11 d . u . per 6 d . u . per 2 d . u . per 1 2 d . u . per l Acre
1 Acre 1 Acre 1 Acre Acre or tax parcel
Condominium 10 d . u . per 10 d . u . per 6 d . u . per 1 d. u . per 1 1 d. u . per 1 Acre
1 Acre 1 Acre 1 Acre Acre or tax parcel
Rental 6 d . u . per 1 4 d .u . per 1 3 d . u . per 4 d . u . per 1 4 d . u . per 1 Acre
Apartments Acre Acre 1 Acre Acre or tax parcel
Senior Housing 10 d . u . per 11 d . u . per X 2 d . u . per 1 2 d . u . per 1 Acre
1 Acre 1 Acre Acre or tax parcel
Residential over 2 d . u . per 2 d . u . per 2 d . u . per 1 d . u . per 1 d . u . per 5 ,000
Commercial 5 ,000 5 , 000 5 ,000 5 , 000 square square feet
square feet square feet square feet feet Commercial
Commercial Commercial Commercia Commercial
I
Multi Family 6 d . u . per 1 4 d . u . per 1 2 d. u . per 1 d . u . per 1. 1 d. u . per 1 Acre
Rental— Acre Acre 1 Acre Acre or tax parcel
Detached Units
Section 704: Required Green Space Table
All uses in Varna shall incorporate the amount of Green Space set forth in the following table .
Varna District I Required Green Space
Varna Hamlet Mixed Use District (VHMUD) 40% of Lot
Varna Hamlet Residential District (VHRD) 60% of Lot
[ Varna Hamlet Traditional District (VHTD) 70% of Lot
Section 705 : Area and Bulk Table
II The following table includes the minimum requirements for a building lot . Unless otherwise
indicated this table does not indicate the number of lots that can be created from a parcel .
Poge 16 411 31
TB 12-20- 12
1r •
�' 1' II
• 0: v4: 0. , i-•, ":":14 ',;: „ .• ^-1 . • T' Ii> ...-r ) > r erki itf✓2 :4-. : a S4i ri�t i 1 .-1. �S 1 • -,1 ; ' Yi1U1� , VHRD and (
Miriimumfront ` rd setback f , 1-411t ` a ' 1'O feet v `
i94. , `
Minimu inel[ ar e y rd?Anita lel ' < ` - 1;;' l Ptoae for 7 . 5 feet ii` ll
.' 1T > eVI5 3' A ,y1,j r ,5 • 191 :;74,A! •9 !I-Fir > '*HilttE ? t70t. . _ t rl J• 1 . a 4i.�' } �11 'ta n . 1 : f. a .d .. �e,i � ;. ! � i. 1 '. . � .'
• k , ' <G a,.: E.4As. { F. fill ; ,
Accessory Building with1iss t : , feett 3 f Y 1
'�' "g g square :feet nor les's t 1 ' foot` " ' "/
Building ht and •2�00� � ! r , - .I.
. <. l\. � t , - 4♦ 1 . ry. . , • 9 - e . . . ri ,. . ; hT, . A.
Mmimumtrear, yard setback ,{ 't+ 9 ' (4, feet "" ' '
37.:47 Y_t n lt(4YY x 1 �) 11 ,� 1♦ 111 �,' ; .
Mi l i1 , 104 A - . . x ., r`
/� ( j �3k j X 1 rii > > }r i if ':'t i r 141 1 (* 1
Accessory 8uilding , less than 1!5 fe'et�.r>i „c i ; 91: f foot ,,,.
jiu ding Height a}nd`200, squ lfectt}:o less f i: __ . 1I it _
.ti"A.. gtij•ti� rF'.j"':r . •-!-+%"{[n+ � i � 1 / tif }� r . - t' 1 n . � " """'_ 4. u
Minimum teiVk!dill-flit a �H • - 451 feet ,l
Section 706 : Green Neighborhood Development; Additional Density
In addition to the density permitted in the Varna Density Table in Section 703 , a density bonus
may be awarded if a Neighborhood Development proposal achieves at least basic LEED
certification (40 points) according to the 2009 LEED Neighborhood Development protocol .
Section 707 : Redevelopment; Additional Density
1
A . In addition to the density permitted in the Varna Density Table in Section 703 , a
density bonus may be awarded Redevelopment of existing tax parcel(s) according to the
table in Section 703 . For purposes of this section a tax parcel shall be determined
according to the 2012 final assessment toll . The Redevelopment Bonus may be
computed on either a per acre or tax parcel basis , whichever produces the largest
bonus .
B . In addition to the density bonus provided in subsection (A) above , an additional density
bonus may be awarded if Redevelopment of an existing tax parcel achieves at least a
basic LEED certification .
Section 708: Planned Unit Development
A Planned Unit Development (PUt)) shall be developed in accordance with the provisions in
Article X .
8 . Section 1003 : Procedure for Review and Approval is hereby amended by adding a
new subsection 13 (4 ) (1) to read as follows:
' how" (1) for projects in Varna , a statement of hoa the proposed PUD is consistent
with the Hamlet of Varna Community Development Plan. "
9. Section 1004: Use of Design Guidelines is hereby amended to read as follows :
1 .
Page 17 of 31
-Iii 12-20- 12
"A. Except in Varna , all PUD Development Plans shall incorporate to the
® maximum extent feasible the Town of Dryden Commercial Development
Design Guidelines and / or Residential Development Design Guidelines, as
the case may be .
13 . In Varna , all PUD Development Plans shall comply with the Varna
Design Guidelines and Landscape Standards?
10 . The blank spaces in the aforesaid definition of Varna Design Guidelines and Landscape
Standards shall be the date these amendments become effective as provided by law .
2"(I CI Leifer
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Gateway Signage Project
Jean McPheeters , President of the Chamber of Commerce , said they are the
administrator for the Beautification Program . It is beautification , public arts and signage . One
of the things they have wanted to do for a long time is put welcome signs at the entrance to the
County on the main roads . A map of the county showing the location of 1 1 such signs and a
sample sign was presented to the board . In Dryden , the signs would be on Routes 13 and 38
at the County line . This is not an easy task because of the approvals required by NYS DOT.
)L That approval requires permission from each of the towns and agreement on a few things .
Money from the County Tourism fund will pay for the signs, which will be created and erected
by the County Highway Department . The permitee (the towns in this case) will be individually
responsible for the maintenance of the signs in the future . She believes this generally means
mowing around it so that it is visible . The County has money in a signage fund to cover any
damages.
Supv Sumner said she will be happy to consider this , and will ask the DPW about the
maintenance before the board takes action .
M Lane asked if this sign would be in addition to the Town 's entrance signs erected
during the Bicentennial . J McPheeters said the old signs would have to be taken down . They
would be larger (4 ' x 6 ') highway signs.
The county has money in beautification funds for plantings at the base (shrubs or
something that doesn 't require watering) .
Supv Sumner will follow up with Ms McPheeters .
TOWN CLERK
RESOLUTION 0186 (2012 ) - APPROVE MINUTES
Cl Stelick offered the following resolution and asked for its adoption :
S RESOLVED , that this Town Board hereby approves the meeting minutes of November 8 ,
er 15 , and November 19 , 2012 .
Page INof31
14 12-20- 12
2 "'i Cl Solomon
• Roll Call Vote CI Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
HIGHWAY/ DPW
No report .
COUNTY BRIEFING
Mike Lane said last night there was a special candlelight service sponsored by the
Dryden fire department and churches in commemoration of the tragedy in Newtown , CT. He
thanked Supv Sumner for her appropriate comments and said it was good that we thought
about that.
He hopes that as part of the Varna plan the town will press NYS DOT for a rebuild . The
area has needed that for a long time .
M Lane sent the Highway Superintendent an email last night that the county had
passed a resolution to share the cost of the Virgil Creek Dam inspection . He thanked Jack
Bush and the town for taking the lead on moving forward with inspection and for the annual
maintenance that is done there . The County 's position has been iffy in past and with a new
administrator and director of highways , it makes sense for them to be a part of it. The
resolution passed unanimously .
Li
The Office for the Aging offices retrofit is coming to completion , and they hope to move
the office by January 15 . There will be an open house .
The County has opened bids for retrofit of the legislative chambers . They are currently
under review by the architect and County Administration .
RECREATION DEPARTMENT
No report
PLANNING DEPARTMENT
Jane Nicholson reported that she met with Cl Lavine , J Bogdan, M I3ianconi and Bard
Prentiss regarding trails . They discussed the history , where we 've come from and where we 're
going. They will be especially pushing forward with the Varna trail and identifying landowners
and necessary easements. They will meet in the next week or so to set an action plan for the
coming year. CI Lavine said they are hoping for a more formal meeting in the future , and she
asked whether there was existing money that could be used for this project . Supv Sumner said
she would discuss that with her .
Supv Sumner said she spoke with Fernando dc 'Aregon regarding trails and he agrees
that the most challenging part is the NYSEG to Freeville area. They talked about whether that
could be rolled in with a Bolton Point water to Freeville dream .
NEW BUSINESS
Page 19of31
Te 12-20- 12
The board has an Order Calling a Public Hearing in the matter of the septage receiving
S facility improvement project . Atty Perkins said the order details the fact that the Town will not
be issuing any bonds , but pursuant to contract , the City of Ithaca will pay the town 's
proportionate share of the finance costs and principal on the bonds that the city will issue on
behalf of all three owners of the plant. Instead of having joint and several obligations of the
Town of Dryden, Town of Ithaca and City of Ithaca, the City will issue the bonds. The towns of
Ithaca and Dryden by agreement will pay , annually or however it is finally agreed on , their
proportionate share of that debt service .
Supv Sumner said this is part of the plant improvement projects from many years ago,
but was delayed because of the environmental cleanup issues over the coal tar on site . They
are now ready to proceed .
After the public hearing, the board members will have to sign the agreement between
the municipalities .
RESOLUTION # 187 (2012 ) - ADOPT ORDER CALLING PUBLIC HEARING -
SEPTAGE RECEIVING FACILITY IMPROVEMENT PROJECT
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby adopts the following order and schedules the
public hearing for January 17 , 2013 at 7 : 00 p. m . :
ORDER CALLING PUBLIC HEARING
IN THE MATTER OF THE PROPOSED IMPROVEMENT PROJECT PURSUANT TO TOWN LAW
§202 -b FOR THE WASTEWATER TREATMENT PLANT IN THE CITY OF ITHACA SERVING THE
TOWN OF DRYDEN KNOWN AS THE SEPTAGE RECEIVING FACILITY IMPROVEMENT
PROJECT
WHEREAS , a plan , report and map have been duly prepared in such manner and in
such detail as heretofore has been determined by the Town Board of the Town of Dryden ,
Tompkins County, New York, relating to the construction , pursuant to Town Law § 202 - b of
improvements to be known and identified as the Septage Receiving Facility Improvement
Project, and hereinafter also referred to as "the Improvement Project, " to provide such
improvements to the present wastewater treatment plant in the City of Ithaca managed jointly
with the Towns of Ithaca and Dryden and providing wastewater treatment services for the Town
sewer districts served by such wastewater treatment plant, such improvements to be
constructed and owned by the Town of Ithaca , Town of Dryden , and the City of Ithaca, and
WHEREAS , said plan, report and map have been prepared by Gerald C . Hook ,
Professional Engineer, duly licensed by the State of New York and have been filed in the office
of the Town Clerk where they are available for public inspection , and
WHEREAS , the area of said Town determined to be benefited by said Septage Receiving
Facility Improvement Project consists of the entire area of said Town sewer districts served by
the wastewater treatment plant in the City of Ithaca, and
WHEREAS, the proposed Improvement Project consists of the improvements set forth
below, as more particularly shown and described in said plan , report and map presently on file
in the Office of the Town Clerk:
Page 20 o131
TB 12-20- 12
U pgrade of existing septage receiving facility including a new underground
• storage tank , new food waste collection tanks, renovation of existing tanks to
improve screening systems and mixing systems, and
WHEREAS , the maximum proposed to be expended for the aforesaid improvements is
$3 , 060 , 475 . 00 of which the Town of Dryden 's share is not to exceed $60,934 . 00 . The proposed
method of financing to be employed by said Town of Dryden is as follows: Ithaca Area
Wastewater Treatment Facility co-owner City of Ithaca will issue bonds to pay for the City of
Ithaca's share of the improvements at the Facility as well as for the Town of Dryden 's
improvement. The Town of Dryden will not co- issue or be liable on the bonds. The Town of
Dryden will reimburse the City of Ithaca through a contract between the City of Ithaca and the
Town of Dryden . The Town of Dryden 's contractual payments to the City of Ithaca will be paid
by expenditure of current revenues and surplus funds from sewer rents and charges from the
Town of Dryden sewer districts served by the Ithaca Area Wastewater Treatment Facility, and
WHEREAS , the implementation of this project will be through a joint agreement with
the City of Ithaca and the Town of Ithaca,
N OW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of
Dryden , Tompkins County , New York, as follows :
Section 1 . A public hearing will be held at the town hall , 93 East Main Street, Dryden ,
in said Town , on the 17th day of January , 2013 at 7 : 00 o 'clock p. m . to consider the aforesaid
plan , report and map and the questions of the providing of said Improvement Project, and the
question of executing any related agreement, and to hear all persons interested in the subject
thereof, all in accordance with the provisions of Town Law §202 - b and applicable provisions of
the General Municipal Law and Local Finance Law .
® Section 2 . The Town Clerk of the Town of Dryden, Tompkins, County , New York , is
hereby authorized and directed to cause a copy of this order to be published once in the official
newspaper of the Town , and also to post a copy thereof on the Town signboard maintained by
the Clerk, not less than ten ( 1. 0) nor more than 20 days before the day designated for the
hearing as aforesaid .
Section 3 . This order shall take effect immediately .
2,1<< CI Stelick
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
CI Levine Yes
Supv Sumner said the board has been dealing with a water tank on Burdick Hill , and
that was necessary in order to decommission the old tank and replace it . When the project is
complete the tanks will operate in tandem and provide better service . It will also enable Bolton
Point to provide water to the City while they are in the process of rebuilding the plant.
RESOLUTION # 188 (2012 ) - ADOPT ORDER CALLING PUBLIC HEARING -
BURDICK HILL TANK
S upv Sumner offered the following resolution and asked for its adoption :
Page 21 of 31
TB 12-20. 12
RESOLVED , that this Town Board hereby adopts the following order and schedules the
® public hearing for January 17 , 2013 at 7 : 15 p. m . :
In the Matter
of
The Joint Increase and Improvement of the ORDER
Facilities of the Water District No . 1 , Snyder Hill CALLING
Water District, Monkey Run Water District, Hall PUBLIC
Road Water District, Turkey Hill Water District, HEARING
and Royal Road Water Districts in the Town of
Dryden, Tompkins County, New York
WHEREAS , the Town Board of the Town of Dryden , Tompkins County , New York, in
conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of
Lansing and Ithaca, has determined and agreed to participate in the provision of a joint water
project for construction of a new replacement water tank at (Burdick Hill Road and to contract
joint indebtedness therefor in accordance with Section 15 . 00 of the Local Finance Law
pursuant an Agreement of Municipal Cooperation for Construction, Financing and Operation of
® an Inter-Municipal Water Supply and Transmission System (the "Intermunicipal Agreement") ;
and
WHEREAS , the Town Board of the Town of Dryden , Tompkins County , New York, has
had under consideration for said purpose the joint increase and improvement of the facilities of
the 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 and for said Town ,
consisting of the construction of a new replacement water tank at Burdick Hill Road ; and
WHEREAS , a map, plan and report including an estimate of cost, relating to said joint
increase and improvement of facilities has been duly prepared ; and
WHEREAS , the maximum estimated cost to said Districts of such joint increase and
improvement is initially determined to be $57 , 450 , it being further determined that the
remaining $ 1 ,442 , 550 of the overall $ 1 , 500 , 000 cost of this project, shall be initially
apportioned and allocated to the Villages of Lansing and Cayuga Heights and the Consolidated
® Water District (including Consolidated Water District Extensions # 1 and #2) in the Town of
Puss 22 4)13I
TB 12-20- 12
Lansing and water improvement areas in the Town of Ithaca and that joint indebtedness shall
be issued therefor and that the ultimate share of the cost to be allocated to the Town of Dryden
pursuant to the aforedescribed Interrnunicipal Agreement shall be 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
without limitation as to rate or amount sufficient to pay the principal of and interest on said
bonds; and
WHEREAS , said $ 1 , 500 ,000 maximum estimated cost shall be authorized to be
financed by the joint issuance by the Town of Ithaca, with the Towns of Lansing and Dryden
® and the Village of Cayuga Heights and Lansing, of joint serial bonds with a maximum 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 Type II 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 in accordance with the criteria in 6 NYCRR Section
617. 5 (c) (2) will not result in any significant environmental effects and will not be subject to
further review; and
WHEREAS , it is now desired to call a public hearing on said proposed joint increase and
improvement and the map, plan and report including estimate of cost pursuant to Section 202 -
b of the Town Law ; NOW , THEREFORE , BE IT
ORDERED , by the Town Board of the Town of Dryden , Tompkins County , New York, as
follows:
Page 23 of 31
TB 12-20- 12
Section 1. . A meeting of the Town Board of the Town of Dryden , Tompkins County,
New York, shall be held at 93 East Main Street, in Dryden, New York, in said Town , on the
17th day of January , 2013 , at 7 : 15 o 'clock 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 I)istrict , 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 in the 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 hereof.
Section 3 . This Order shall take effect immediately .
211d Cl Solomon
SRoll Call Vote CI Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said it is necessary to modify the rate for the Sapsucker Woods Sewer
District because that area discharges to the Cayuga Heights Sewer Plant. They are changing
the way that service is billed , and we need to change the rate for that district.
RESOLUTION # 189 (2012) - INTRODUCE LOCAL LAW REGARDING
SAPSUCKER WOODS SEWER RATE CHANGE
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby introduces the following local law and sets
the public hearing on the same for January 17 , 2013 at 7 : 30 p. m .
SECTION 1 . TITLE . This local law shall be known as the Town of Dryden Sewer
District No. 1 Sewer Rent Law.
SECTION 2 . AUTHORITY . This sewer rent law is enacted pursuant to Article 14 -F of
the New York General Municipal Law.
•
Page 24 of 31
TB 12-20- 12
SECTION 3 . APPLICATION . This sewer rent law shall apply only to Dryden Sewer
• District No . 1 , and any future sewer districts established by the Town Board of the Town of
Dryden which collect and transport , in whole or in part, wastewater from its origin via any
such sewer system to the Village of Cayuga Heights Wastewater Treatment Facility .
SECTION 4 . BASIS OF THE CHARGE OF SEWER RENTS . The basis of the charge for
sewer rents shall be on the consumption of water on the premises connected with and served
by the sewer system . Water shall be measured by means of a water meter and shall include all
water furnished the premises. In the event that there is no water metier connected to the
premises served by the sewer system then a minimum sewer rent shall be charged and
collected as hereinafter provided .
SECTION 5 . PAYMENT DATES ; PENALTIES ; AND ENFORCEMENT.
( 1 ) Billing of sewer rents shall be quarterly with bills due on January l. ; April 1 ; July 1 ;
and October 1 . Each bill shall be for the preceding quarter.
(2) Payment of the sewer rents shall be made within 20 days of billing without penalty .
(3) Any payment received after 20 days of billing shall include a 10% penalty of the
amount due .
(4) On October 1 of each year, the amounts of all past due bills, plus penalties, shall be
certified by the Town Clerk and shall be collected and enforced in the same manner and at the
same time as provided by law for the collection and enforcement of Town taxes .
SECTION 6 . CALCULATION OF SEWER RENT. The district shall charge and collect for
® the use of the sewer system the sewer rent rates as provided in this local law . In computing
the sewer rent, the following shall apply :
(a) The water meter for the premises connected to the sewer system shall be read and
the water consumption computed for each billing period .
(b) Based upon the water usage , the calculation of the sewer rent shall be made by
multiplying the number of gallons consumed in the billing period by $0 . 382 per 100 gallons .
The product shall be the sewer rent for the billing period .
(c) In the event that the product computed according to sub- section (b) above is less
than $38 . 20 then the bill shall be rounded up to $38 . 20 which shall be a minimum bill for
each billing period . In the event the premises are not connected to a water meter, then a
minimum bill as set forth herein shall be imposed for each billing period, until such time as a
water meter is installed . All premises served by the sewer system shall have a water meter
installed within nine (9) months of connection of the premises to the sewer system .
SECTION 7 . SEWER RENT FUND .
(A) Revenues derived from sewer rents , including penalties , shall be credited to a special
fund for the sewer district, to be known as the " Dryden Sewer District No . 1 Sewer Rent Fund . "
Monies in such fund shall be used in the following order:
( 1 ) For the payment of the costs of operation, maintenance, and repairs of the
sewer system or such part or parts thereof for which sewer rents have been established and
imposed .
S
Page 25 of 31
TB 12-20. 12
(2) For the payment of the interest on and amortization of, or payment of,
• indebtedness which has been or shall be incurred for the construction of sewage treatment and
disposal works with necessary appurtenances including pumping stations, or for the extension ,
enlargement, or replacement of, or addition to , such sewer system , or part or parts thereof.
(3) For transportation charges imposed by any other municipality or entity for
the transport of sewage via such other municipalities sewer mains , interceptors or lines .
(B) Such revenues from sewer rents shall not be used ( 1 ) to finance the cost of any
extension or any part of a sewer system (other than any sewage treatment or disposal works
with necessary appurtenances including pumping stations) to serve unsewered areas if such
part has been constructed wholly or partly at the expense of the real property especially
benefited , or (2) for the payment of the interest on , and the amortization or payment of,
indebtedness which is to be paid in the first instance from assessments upon the benefited real
property .
SECTION 8 . EFFECTIVE DATE. This local law shall take effect upon filing with the
Secretary of State and the compliance with the provisions of the New York General Municipal
Law .
2nd CI Stelick
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said the Peregrine Hollow district discharges to the Ithaca Area
Wastewater Treatment by way of the Town of Ithaca. It is now necessary to increase the rate in
that district .
RESOLUTION # 190 (2012 ) - INTRODUCE LOCAL LAW REGARDING
PEREGRINE HOLLOW SEWER RATE CHANGE
CI Stelick offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby introduces the following local law and sets
the public hearing on the same for January 17 , 2013 at 7 : 45 p . m .
SECTION 1 . TITLE . This local law shall be known as the Peregrine Hollow Sewer
District Sewer Rent Law.
SECTION 2 . AUTHORITY . This sewer rent law is enacted pursuant to Article 14 -F of
the New York General Municipal Law .
SECTION 3 . APPLICATION . This sewer rent law shall apply only to the Peregrine
Hollow Sewer District.
SECTION 4 . BASIS OF THE CHARGE OF SEWER RENTS . The basis of the charge for
sewer rents shall be on the consumption of water on the premises connected with and served
by the sewer system . Water shall be measured by means of a water meter and shall include all
water furnished the premises. In the event that there is no water meter connected to the
Page 26 of 31
'113 12 -20- 12
premises served by the sewer system then a minimum sewer rent shall be charged and
• collected as hereinafter provided .
SECTION 5 . PAYMENT DATES ; PENALTIES ; AND ENFORCEMENT.
( 1 ) Billing of sewer rents shall be quarterly with bills due on January 1 ; April l. ; July 1 ;
and October 1 . Each bill shall be for the preceding quarter.
(2 ) Payment of the sewer rents shall be made within 20 days of billing without penalty .
(3) Any payment received after 20 days of billing shall include a 1. 0% penalty of the
amount due .
(4) On October 1 of each year, the amounts of all past due bills , plus penalties , shall be
certified by the Town Clerk and shall be collected and enforced in the same manner and at the
same time as provided by law for the collection and enforcement of Town taxes .
SECTION 6 . CALCULATION OF SEWER RENT. The district shall charge and collect for
the use of the sewer system the sewer rent rates as provided in this local law . In computing
the sewer rent, the following shall apply:
(a) The water meter for the premises connected to the sewer system shall be read and
the water consumption computed for each billing period .
(b) Based upon the water usage , the calculation of the sewer rent shall be made by
multiplying the number of gallons consumed in the billing period by $0 . 275 per 100 gallons .
The product shall be the sewer rent for the billing period .
(c) In the event that the product computed according to sub- section (b) above is less
than $27 . 50 then the bill shall be rounded up to $27 . 50 which shall be a minimum bill for
each billing period . In the event the premises are not connected to a water meter, then a
minimum bill as set forth herein shall be imposed for each billing period, until such time as a
water meter is installed . All premises served by the sewer system shall have a water meter
installed within nine (9) months of connection of the premises to the sewer system .
SECTION 7. SEWER RENT FUND .
(A) Revenues derived from sewer rents , including penalties, shall be credited to a special
fund for the sewer district, to be known as the " Peregrine Hollow Sewer District Sewer Rent
Fund . " Monies in such fund shall be used in the following order:
( 1 ) For the payment of the costs of operation , maintenance, and repairs of the
sewer system or such part or parts thereof for which sewer rents have been established and
imposed .
(2) For the payment of the interest on and amortization of, or payment of,
indebtedness which has been or shall be incurred for the construction of sewage treatment and
disposal works with necessary appurtenances including pumping stations , or for the extension ,
enlargement, or replacement of, or addition to , such sewer system , or part or parts thereof.
(3) For transportation charges imposed by any other municipality or entity for
the transport of sewage via such other municipalities sewer mains , interceptors or lines .
•
Page 27 of 31
TB 12-20- 12
( 6) Such revenues from sewer rents shall not be used ( 1 ) to finance the cost of any
• extension or any part of a sewer system (other than any sewage treatment or disposal works
with necessary appurtenances including pumping stations) to serve unsewered areas if such
part has been constructed wholly or partly at the expense of the real property especially
benefited , or (2 ) for the payment of the interest on , and the amortization or payment of,
indebtedness which is to be paid in the first instance from assessments upon the benefited real
property.
SECTION 8 . EFFECTIVE DATE. This local law shall take effect upon filing with the
Secretary of State and the compliance with the provisions of the New York General Municipal
Law.
2nd Cl Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
CI Lavine Yes
Supv Sumner said it has come to the Town of Ithaca 's attention that they had not been
billing for the Sapsucker Road District for charges for sewer that went through the Town of
Ithaca infrastructure to Cayuga Heights. Ithaca wanted to bill the Town of Dryden about
$80 , 000 for the Sapsucker and Peregrine districts . Supv Sumner has offered around $40 , 000,
which will not cause a hardship on the fund balance in those districts . She was able to do this
because of the impeccable records we have here . She hopes to reach an agreement in the near
future . She has reminded the Cayuga Heights mayor that we need a new sewer agreement .
AFCU IDA Program
Cl Leifer said this is an individual development account for small business owners
through which they receive a matched savings from the Town . The board has the documents
used when the program was first initiated in 2008 . AFCU now has some folks interested in the
program. AFCU would like a new agreement signed . The only change is that one fee for
participants was changed from $ 10 to $20 . The forms previously developed will be used .
Supv Sumner asked Cl Leifer to verify the match amounts . The documents indicate a 2
to 1 match and she recalls the intent was $ 1. from us and $ 1 from a federal program . She
asked Cl Leifer to find out whether AFCU has any funding to add to the match and have it
clarified in the agreement.
RESOLUTION 0 191 (2012) - ESTABLISH STANDARD WORK DAY AND REPORTING
CI Stelick offered the following resolution and asked for its adoption :
RESOLVED , that the Town of Dryden hereby establishes the following as standard work
days for elected and appointed officials and will report the following days worked to the New
York State and Local Employees ' Retirement System based on the record of activities
maintained and submitted by these officials to the clerk of this body :
•
P[igc 2841131
TB 12-20- 12
• Participates in
Standard Employer's Time Days/Month
work day Term Keeping System (based on Record
Title Name (hrs/day) Begins/Ends Y/N of Activities
Elected Officials
Highway 01/01/2010 -
Superintendent Jack Bush 8 12/31/2013 N 20
01/01/2012 -
Town Clerk Bambi Avery 8 12/31/2015 N 20
01/01/2010 -
Board Member Jason Leifer 6 12/31/2013 N 6 . 76
01/01/2010 -
Board Member Stephen Stelick, Jr . 6 12/31/2013 N 4 . 13
01/01/2012 -
Town Justice Christopher Clauson 6 12/31/2015 N 5 . 31
Appointed Officials
01/01/2012 -
Deputy Town Randy Riker 8 12/31/2013 N 20
Highway
Superintendent
2nd Cl Solomon
® Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said there will be a new provision in the fire contracts that two
departments will be activated for every structure call and for motor vehicle accidents between
6 : 00 a. m . and 6 : 00 p. m . This requires departments to file a response plan . The Varna chief
doesn 't think it will work and that: dispatch will not be able to accomplish it. Dispatch claims it
is possible and Supv Sumner said this is a step in the right direction .
Cl Stelick would like a fire department representative to come to board meetings with
reports on a regular basis. The departments could rotate the responsibility.
Supv Sumner thanked Mark Bell for his work on this. Andy Down has also been
wonderful this year. Cl Stelick commends on a job well done . Supv Sumner reported that
Etna has done a great job with the training facility and departments all over the county are
using it. Varna has been wonderful in many ways , and are now undergoing some serious
leadership problems .
RESOLUTION # 192 (2012 ) - AUTHORIZE SUPERVISOR TO SIGN FIRE CONTRACTS
Cl Stelick offered the following resolution and asked for its adoption:
• RESOLVED , that this Town Board hereby authorizes the Town Supervisor to execute
fire contracts for the following amounts:
Page 29 of31
'rR 12-20- 12
• • Neptune Hose Company No . 1 of Dryden , Inc . $234 , 584 .
• Varna Volunteer fire Company , Inc . $245 , 341 .
• W . B . Strong Fire Company of Freeville . Inc . $ 178 ,000 .
• Etna Volunteer Fire Department, Inc . $ 125 , 000 .
• Brooktondale Fire District $ 23 ,970 .
2 «'1 Cl Solomon
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
B Avery asked the board to authorize postage for mailing the tax bills. When the exact
amount is determined the bookkeeper will cut a check to be taken to the post office.
RESOLUTION # 193 (2012 ) - AUTHORIZE POSTAGE FOR TAX BILLS
Cl Stelick offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby authorizes postage for mailing the 2013 real
property tax bills for an amount not to exceed $2 , 500 . 00 .
2"d CI Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Teamsters Contract - Sups' Sumner thanked CI Leifer for participating in very
successful negotiations and Jack Bush for putting together a very good proposal . In general
terms, the new contract provides for a pay increase of an average of $. 40 per hour, very close to
2 %. A lot of thought went into this and there was almost no discussion regarding pay.
Insurance will now be provided through the consortium . There was extensive discussion
regarding benefit time . J Bush proposed a change to vacation entitlement so you got your 2^d
and 3rd week earlier, and eliminating a week for longevity. Vacation accrual will be on a
calendar year rather than an anniversary date . Employees may use their clothing allowance at
Homer Men and Boys or Famous Brands in Watkins Glen . This will be a three-year contract.
They are currently waiting for a vote by the membership.
RESOLUTION # 194 (2012) - APPROVE TEAMSTERS CONTRACT
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves a three-year contract with
Teamsters Local 317 , pending approval by the membership.
2 "d Cl Stelick
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
110 Supv Sumner Yes
Page 30 of 31
TB 12-20- 12
Cl Leifer Yes
CI Lavine No
Road Use Local Law - the Planning Department is compiling a list of stakeholders and
planning a meeting with them .
COMMITTEE REPORTS
Finance Committee - is working on a fund balance policy and referring to the City of
Cortland policy as a model. They will be scheduling audits with town departments.
Other Business
From TCCOG - Carolyn Peterson reported the Environmental Management Council is
updating the County Report on the State of the Environment . They are asking for information
from other municipalities to guide them, and Supv Sumner will be asking the Conservation
Board to consider this project.
The Tompkins County Health Insurance Consortium reports a 1 . 7 million dollar
unencumbered fund balance (in addition to the 1 . 5 million they are required to retain in
reserves) . Through November they processed 3. 6 million in medical claims and 6 million in
prescription claims . The Consortium is not quite ready to repay capitalization loans, but will
be discussing that next year. There are currently 2000 contracts covering 4500 people.
The board discussed the process for recruitment for the volunteer boards in the coming
year and will follow up with the Town Clerk .
Supv Sumner will once again be asking the volunteer boards to provide her with a
report , including their goals for coming year.
Cl Stelick and Cl Leifer expect they will be ready to move forward with formation of the
Ag committee in another month or so. They need to finalize the wording, and will be discussing
that with Atty Perkins after the first of the year.
There being no further business, on motion made , seconded and unanimously carried ,
the meeting was adjourned at 9 : 30 p. m .
Respe tfully submitted,
,444, '4 1-4z
Bambi L. Avery
Town Clerk
•
Page 31 of 31
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Town Board Meeting
December 20 , 2012
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-,-�� � , Dryden Town Hall
I ;�o £rir-J? 93 East Main Street
'�` Thursday, December 20 , 2012 -- 7 : 00 PM
1 . Call Meeting to Order
2 . Pledge of Allegiance
3 . Roll Call
4 . Public Hearing
a. Hamlet of Varna Community Development Plan
b . Proposed zoning amendment related to Varna Community Development Plan
5 . Citizens Privilege
6 . Presentation : Gateway Signage Project, Chamber of Commerce McPheeters/McCune
7 . Town Clerk B Avery
a. Approve Meeting Minutes : November 8 , 15 and 19
8 . Highway Superintendent/Dept Of Public Works J Bush
9 . County Briefing M Robertson, M Lane
10 . Department Reports
a . Recreation Department M Bianconi
b . Planning Department D Kwasnowski
11 . Unfinished Business
12 . New Business
a. Order calling a public hearing for Septage Receiving facility
b . Order calling a public hearing for Burdick Hill replacement tank
® c. Local Law regarding SS l — Sapsucker Woods
d . Local Law regarding SS6 — Peregrine Way
C. AFCU 1DA program
f. Retirement Reporting Resolution
g. Authorize Supervisor to sign Fire Contracts
It Authorize postage for tax bills
i . Approve proposed Teamsters ' 2013 Contract
j . Approve DYC allocations
13 . Committee Reports (3 minutes or less each , please)
a. Finance Committee StelicklLeifer
b . Personnel Committee Stelick/Leifer
c. Emergency Services Committee Sumner/Stelick
14 . Future Agenda Items
15 . Executive Session (if necessary)
Town Board Organizational Meeting
January 3, 2013 6 : 00 PM
Town Board Agenda Meeting
January 10 , 7 : 00 PM
• Town Board Meeting
January 17 , 7 : 00 PM