HomeMy WebLinkAbout2015-02-19TB 2-19-15
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TOWN OF DRYDEN
TOWN BOARD MEETING
February 19, 2015
Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph
Solomon, Cl Jason Leifer, Cl Linda Lavine
Absent: Cl Gregory Sloan; Cl Joseph Solomon
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Mahlon Perkins, Town Attorney
Supv Sumner opened the meeting at 7:00 p.m. and board members and audience
participated in the pledge of allegiance.
Supv Sumner thanked Sustainable Tompkins for their presentation on alternatives to
expanding fossil fuel infrastructure prior to the board meeting. She said it is encouraging how
rapidly air pumps in particular are coming into common usage and are being economically
advantageous to developers.
PUBLIC HEARING
ADOPTION OF PROPOSED LOCAL LAW #1 OF 2015
TOWN OF DRYDEN ZONING LAW
Supv Sumner opened the public hearing on adoption of the Zoning Law at 7:03 p.m.
and dispensed with reading of the public notice. There were no comments from the public or
from board members. The hearing was left open at 7:06 p.m.
PUBLIC HEARING
SPECIAL USE PERMIT
FOUNDATION OF LIGHT
391 TURKEY HILL ROAD
Supv Sumner opened the hearing at 7:07 p.m. Noah Demarest, architect, and Melissa
Hoffman of Foundation of Light presented a conceptual design for an addition to the existing
building at 391 Turkey Hill Road. The addition will be off the back and not visible from the
road. This will expand the retreat center and allow guests to stay overnight (short term stays
for retreat activities). There are ten individual rooms with bunk beds, a small sink and a
closet. There is a bathroom and sauna facility as well. The outside will be different than the
current building and the hope is to then upgrade the entire facility to match. It would use
more natural materials. They would like to utilize passive solar because the entire building
faces south with a huge roof for a solar array. The parcel is large and heavily screened in the
rear and on the street side. The existing building is hard to see and the addition will be even
harder to see because of that vegetation.
They are not changing the type of activities, but allowing overnight use. It should not
increase the parking demand and in some instances that will go down. As a result of having
people staying overnight there is more of a shift toward that type of activity instead of large
events such as a wedding. They are confident the existing parking will be adequate. No site
improvement is planned; it is just an addition. The parking lot currently accommodates about
70 vehicles and is usually sufficient. There is occasional overflow for events and sometimes
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parking on road when there is a memorial service or funeral. Most events do not exceed the
parking spaces.
Bruce Howlett, 379 Turkey Hill Road, lives north of the Foundation of Light, submitted
the attached statement. He said he has been a resident for 35 years, before the existing
building was there. The character and the nature of what goes on at the Foundation of Light
have dramatically changed over the years. Once the Foundation met in the one room school
house up the road and now it has turned into a catering or event center.
All of the runoff from the Foundation of Light floods onto his property. Water flows out
onto road and onto his driveway, carving a rut in his driveway. The building is not as visible to
him because of the trees he planted. The Foundation has done nothing to help maintain the
view. Parking on the lawn is frequent in his opinion. One of the biggest problems is the tents
that go between the Foundation building and his property. It looks like over 100 cars that park
down to his property line and exit across his property. Nois e is a problem at these events.
Amplification of sound stops at 11:00 p.m., but it interferes with the character and nature of
the neighborhood. There is no need to add this with the Embassy Inn at the end of the road.
One of the groups that often meet there is a drumming group. It is disturbing. They hear it in
their living room. The Foundation has fire walks near the property line and they had to ask
them to move it. There are encampments with tents and they don’t seem to be restricted to
Foundation of Light groups.
This is a rural neighborhood that has an event center in the middle of it. He asked that
the board look at whether the current use by the Foundation is in compliance with zoning
restrictions, address the runoff and parking, and the noise. The original group was very much
contained. It is disturbing to him that they want to enlarge what is basically a business.
Jeevak Parpia, lives at 380 Turkey Hill Rd, directly across the road from the site. He
has lived there with his wife since 1986. Any expansion of the property in terms of usage will
definitely impact parking. To characterize the present use as a retreat is stretching the point.
Every Wednesday evening in the summer, spring and fall, the road is double parked for a great
distance. The traffic noise and lights impact them in their house. The expanded use and
people staying there will undoubtedly require additional water resources and impact the
sewage and things like that. It should be looked at by the board. This will expand the range of
activities that can happen there and that will impact the neighborhood and those that have
been there for quite some time.
George Frantz, land use and environmental planner, said he has been retained by
some of the residents of Turkey Hill Road in connection with this application. He said there
are already some very serious existing problems with the Foundation of Light facility that they
believe will be exacerbated by this addition. First is inadequate parking. He distributed copies
of photos to the board showing an example of what residents experience with parking on
Turkey Hill Road during these events. This parking situation is a great inconvenience to the
residents of the road, and could cause a public hazard. The road is twenty feet wide with very
narrow shoulders. Traffic is expected to increase, however modest, with this expansion.
There is an existing problem with the uncontrolled stormwater off the site due to both
the parking lot and the existing impervious surfaces. There will be an additional 5700 feet or
so of impervious surface and at this point there is no control whatsoever on stormwater runoff
from the site.
There is a major issue in the neighborhood currently with water supplies. The residents
have very low recharge rates in the wells for their homes. This project will increase the
applicant’s own water use by 500 plus gallons per day. This may have an adverse impact on
an already existing problem in the neighborhood.
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There are no details in the plan with respect to increased sewage other than they expect
the County Health Department to approve it. Soils on the site have substantial limitations with
respect to septic. There is a problem with depth to saturation zone. There is a problem with
restrictive permeability, and also with respect to the shallow depth to fragipan. All of those
things affect the ability of a site to process sewage.
Noise from the facility, as mentioned, is also a problem.
There are questions with regard to environmental impact that have to be answered
through the State Environmental Qualify Review process before the project can proceed. There
are a number of unanswered questions about potential adverse impacts of the expansion
including: Impact on local groundwater resources; impact of additional sewage demand on the
site; the potential additional stormwater runoff due to an increase of impermeable surfaces;
and adverse impacts of additional activities and additional demand for parking due to the
expansion.
At the very least, prior to further consideration, a more thorough environmental
assessment of the potential impacts of this project should be conducted. It should also be
subject to a full site plan review so that the board has the details it needs to make a reasoned
decision on this project.
Martha Robertson said up to 20 people a night could potentially stay and that seems
to be a change in function for the building. She asked the applicant if they plan to register as
a bed and breakfast or overnight accommodation for room tax and that sort of thing. The
applicant said they don’t anticipating it being like that. This is more for silent retreats,
detoxing, healing retreats, and things of that nature. The overnight accommodations would be
included in the package for a weekend retreat. M Robertson is concerned whether the
applicant is registered to pay sales tax and room tax and is understood as an overnight
accommodation facility. Applicant stated they will be in compliance with any regulation or tax
that need to, and they will have their accountant be sure they are in compliance with the laws
pertaining to any revenue received for overnight accommodations.
Katherine Howlett said she shares a property line with the applicant and has lived
there since before the Foundation was built. She has emailed her comments to the town. It
has been difficult to live with the Foundation of Light . There was a span of a few years where
there were members and an administration who did work with the neighbors on their concerns.
There have been agreements or understandings with the Foundation of Light, but with a
change in administration, those agreements are not always honored. 379 Turkey Hill Road is
her home and she feels she needs help protecting her lifestyle, safety, security, privacy and
respect. The letter she submitted is attached. She has concerns with privacy and security
issues, supervision of renters, program agenda event items (especially with overnight guests
and no on-site supervision), and she feels there is a disconnect with the Foundation of Light
and the neighborhood in general. She feels there is a slow but sure systematic change with
what the Foundation of Light is becoming compared to what it began as.
Larry Markowitz, 366 Turkey Hill Road, lives northwest across the street, said given
the size of the plans he would have hoped to have heard directly from his neighbor. They are a
tough neighbor to live next to. The amount of noise that they already put up with is
uncomfortable, at odd hours of the night and the thought of it expanding to overnight is
unsettling. He said this is not a retreat center and it is not hard to see. This is a commercial
enterprise. That is evident from its own website where they offer to rent for weddings,
celebrations, and workshops. He distributed information from their website. They have a
gathering room that seats up to 80 that is available for concerts, weddings and other large
events. It is a rental hall being advertised; not a retreat center for quiet meditation. There are
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referrals from other websites recommending it as an events facility. There is a DJ that
advertises that the Foundation of Light uses his talents.
On at least one occasion when he went to complain about the loud beating drums, the
applicant was not present. Five minutes later she came to his home and complained that he
was interfering with her business. This is not what the neighborhood is about . He urged the
board to consider the application and deny it. He would like to make sure that the
neighborhood is not further harmed by the applicant. If not denied, return it to what it used to
be so they don’t have to worry about thundering drums all night long.
Melissa Hoffman, applicant, said she has heard all that has been said. The DJs come
in with weddings, bar mitzvahs or spiritual events. She does see a reduction in these types of
events when they expand because they will be doing more about what the Foundation is about:
healing, meditation and education. They will not be able to do as many other events. The
traffic number for the workshops offered will be substantially lower than anything they do
currently. They do see a change in the structure of the way the Foundation of Light does
business from its original conception. There are many children that go to school there so there
are a lot of cars in the morning and at pickup time. They are now not in the Foundation of
Light building and that has reduced traffic over the past year; however, there are still children
at the school house. She doesn’t foresee that the current center will cause any additional
noise, and if anything it will be quieter.
The drumming happens from 2 p.m. to 4 p.m. There are times when there is fire
walking that happens and they are outside. It is a community so the noise can probably be
heard. She has moved that space and is happy to move it further if the community wants that.
In the 15 to 16 years they have existed, there is nothing on record of a complaint. They have
never had any law enforcement come to the facility. She works with the community when they
speak and she is happy to continue to work with them so that they feel comfortable. She
doesn’t believe the noise pollution from new building will impact the community at all.
She is happy to follow any requirements for lighting so that it doesn’t disturb the
neighbors. There are existing motion lights on timers on the existing building. They did put
the high pressure sodium lights in the parking lot on a timer. She will also speak with the
neighbors about making those lights more accommodating.
As far as websites and the ways in which people can use the facility, i t is important for
them to stay diverse so they can stay in operation. They are a 501(c)(3) not for profit and the
realm of their business is still healing, meditation and transformation. However, Landmark
Forum education is adult education. It is adult transformational education and they meet
Wednesday night from 7 to 10 p.m. It is well within the realm of what they do and they do pay
taxes on the revenue they receive from them. They are not overflowing the road every day.
There are nights when people in the seminars can bring a guest , and that’s when sometimes
they have some overflow.
M Hoffman said she really does care about the community, and if nothing else, this is
an opportunity to communicate more openly and her door is always open.
Cl Lavine asked when there would be answers to the questions that have b een asked
and what will be done about mitigating the problems that exist. M Hoffman said there is
drainage in the parking lot. The school house has a french drain. She said the point of the
drainage issue is that the stone quarry is constantly blowing shale up hill and it creates a lot of
runoff that comes through all the properties. She doesn’t anticipate a need for additional
parking. The space where the new building will go is currently a garden space. There is
already a lot of great drainage there. That is not a place where water builds up. That happens
in the middle of the property.
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Atty Perkins said the board needs to keep in mind that right now this is not a permitted
use. What they are asking to do is extend a nonconforming use. To do that, they will have to
show that they meet all the other requirements of the ordinance other than the fact that it is a
nonconforming use. He recommends a full site plan and parking calculation because they will
have to meet the parking requirements for whole thing, not just expansion. This use borders
on the definition of boarding house/hotel/motel that is in our ordinance. It also includes
retreat. The important thing to keep in mind is that this is an extension of a nonconforming
use, not an automatic special use permit like a lot of things. The stormwater plan is part of the
permitting process. The applicant will need to provide a SWPPP in the building permit process.
The hearing was left open at 7:50 p.m.
RESOLUTION #38 (2015) – REQUIRE FULL SITE PLAN –
FOUNDATION OF LIGHT
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby requires a full site plan in connection with
the application of Foundation of Light, 391 Turkey Hill Road, for a special use permit to expand
the current facility.
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
There were no further comments or questions on adoption of the proposed Town of
Dryden Zoning Law, and Supv Sumner closed the public hearing at 7:55 p.m.
CITIZENS PRIVILEGE
Joe Wilson, Hunt Hill Road, thanked the board for sponsoring the Alternatives
presentation. He also thanked them for having NYSEG at the meeting last month. He said
found NYSEG revealing in a couple of ways. First was the number of times the employees said
they could not commit to anything, and secondly because of the number of times the board
was told that information the board requested was pr ivileged and wouldn’t be divulged. He
heard some new things presented that he had not heard before. First , that one half of the
700,000 cubic feet per hour of methane gas that will be flowing through the pipe is going south
to Ithaca as opposed to someplace else. That had never been said before as a rationale for the
existence of or need for the pipe. He found it interesting that Mr. Bovee, the project manager,
indicated that there was nothing in the easement that would stop placement of additional pipes
in the easement area, or that there was nothing in the easement that would prevent an
increase in pressure or prevent the capacity from being increased. Given those things and
what has been transpiring in the press, it seems very clear that this is the time to advise
NYSEG that it will hold NYSEG to the 1951 franchise agreement and that the town will be
requiring a special use permit. The special use permit will be issued or not depending on the
findings of the town board.
Ron Beck, Ed Hill Road, said he is here representing some land owners of former
Lehigh Valley Railroad property: Beck Farms, LLC, Ron Beck, Carol Beck, Russ Beck and Jerry
Collier, Chflokie Farms, LLC, Charlie Hatfield, Steve Foote and Linda Foote, and Fall Creek
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Farm, LLC, Kim Lamotte and Karen Lamotte. He read the attached letter and presented it to
the board.
Supv Sumner thanked him for his comments. She said there is a lot of support for
trails, but they will need to assess this situation. She’d like to know more about the easements
that said the property would revert to the property owners and how the bankruptcy affected
them.
TOWN CLERK
RESOLUTION #39 (2015) – APPROVE MINUTES
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of January 2,
January 8, and January 15, 2015.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner announced that Dryden Village Police Chief Margaret Ryan will be leaving
the department after 20 years of service and taking a position in Albany. There will be a
celebration in her honor on March 7 at LaTourelle Resort .
COUNTY BRIEFING
Martha Robertson – The County Public Safety has been discussing some big issues,
including body cameras for law enforcement. The ITS Department is also looking at this
because of how it will relate to storage of the media, FOIL, and other issues. There is an
intermunicipal group (LETS) that was formed a few years ago in order that all law enforcement
agencies in county could have one place to go to work on issues. They are taking a hard look
at the policy issues with respect to body cameras and will come back to the public safety
committee probably in April with a draft policy.
There is a continuing conversation about the incident on Hornbrook Road in Danby and
they expect another report soon. Some people have called for the County Legislature to fire the
Sheriff, but they don’t understand that you are unable to fire elected officials. The legislature
is looking at the incident and what policies might be improved.
Last Tuesday the Legislature held a public hearing on the update on the county
comprehensive plan. A number of people from Dryden were present. Yesterday the committee
reviewed the comments and is now working on some modifications. She expects this to come
to the full board at their next meeting for a final vote. The County is proud of the plan. It has
involved a tremendous amount of community involvement all along the way. She expects it will
be an excellent guidepost for the next five or ten years for county actions.
Ellis Hollow Road reconstruction is on track to happen this summer. The Highway
Department is visiting individual property owners and talking what is happening on their
particular site. Some trees will have to be removed. This will happen before M arch 31 because
of bats. There are about 20 trees to be removed.
Adoption of Zoning Law
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The Board reviewed the SEQR form in connection with the proposed zoning law.
County review has been received and there is no negative impact.
RESOLUTION #40 (2015) – NEG SEQR DEC – ADOPTION OF
TOWN OF DRYDEN ZONING LOCAL LAW
Cl Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves consideration of the adoption by the Dryden Town
Board of the proposed Town of Dryden Zoning Law.
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 Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
RESOLUTION #41 – ADOPT LOCAL LAW #1 OF 2015
TOWN OF DRYDEN ZONING LAW
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Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following local law entitled “A local
law converting the 2012 zoning ordinance to a local law and incorporating recent amendments”
and directs the Town Clerk to file the same with the Secretary of State of the State of New York.
(local law attached to these minutes)
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner thanked Atty Perkins for his work on this matter. She reminded board
members that they had intended to pass this a local law prior to the 2011 and is happy that it
has finally happened. It is important for this to be a law as opposed to an ordinance.
NEW BUSINESS
284 Agreement
Supv Sumner requested there be no action on this until the board has answers to
questions asked of the Highway Superintendent last week.
RESOLUTION #42 (2015) – TABLE ACTION ON §284 AGREEMENT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board here by tables adoption of the 2015 §284 Agreement
until the Highway Superintendent has responded to questions the board had at the February
12, 2015 board meeting.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Credit Card for Highway Dept
The board discussed this last week.
RESOLUTION #43 (2015) – CREDIT CARD BORROWER’S RESOLUTION
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED,
1. This town board hereby authorizes one (1) application for a credit card (with a
limit of $2,000) to the Town of Dryden on such form as the issuer of the credit
card may require, and with such terms, provisions, conditions and authorized
users as may be customary, usual and convenient for the issuer and the town.
2. The town clerk shall prepare a certified copy of this resolution and shall certify
to the issuer the signatures and term of office of the authorized users.
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3. The authorized user shall be Richard Young.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Board members signed the application for credit card.
Amend List of Authorized Credit Card Users
RESOLUTION #44 (2015) – AUTHORIZED CREDIT CARD USERS
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the following the following
positions (employees/elected officials) to utilize town credit cards: Town Clerk Bambi L. Avery,
Town Supervisor Mary Ann Sumner, Director of Recreation Jennifer Jones, and Highway
Superintendent Richard Young.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Authorize Funding for Water System Evaluation
Supv Sumner said she has a request from TG Miller to authorize funding for a study.
The Town of Ithaca is modifying their Sapsucker Woods Water Tank. The changes they are
making include increasing the height and will impact the Varna Water District and probably
some others. That tank will continue to supply residential and commercial usage, but not fire
flow. Sufficient water for the fire flow will come from the East Hill tank. TG Miller has
requested $2500 to study the impact of the changes to Dryden’s water districts. The study will
be done before work begins. Fire chiefs are aware of this, and if there is a potential change
that affects them, they will be notified.
RESOLUTION #45 (2015) – AUTHORIZE TG MILLER STUDY
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes TG Miller Engineers to prepare a
study of the impacts on the Town of Dryden water districts by the Town of Ithaca modification
of its Sapsucker Woods water tank as detailed in an email from A ndrew Sciarabba to Mary Ann
Sumner dated January 13, 2015, at a cost not to exceed $2,500.00.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Tax Exempt Status for Town of Lansing Bone Plain Road Property
Supv Sumner said she has received a request from the Town of Lansing to endorse tax
exempt status for the property they own on Bone Plain Road in the town of Dryden that they
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are placing a water tank on. Board members were provided with a draft of the letter she
proposes to send to Tompkins County Assessment.
RESOLUTION #46 (2015) – AUTHORIZE TAX EXEMPT STATUS FOR TOWN OF LANSING
PROPERTY ON BONE PLAIN ROAD
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to send a
letter to Tompkins County Assessment endorsing tax exempt status for property on Bone Plain
Road owned by the Town of Lansing to be used for improvements to the Town of Lansing public
water infrastructure.
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Conservation Board Resolutions
Supv Sumner said the Conservation Board has submitted four resolutions to the town
board over the past several months. The first one discussed has to do with Land Protection
Methods and Criteria. It guides how the town might decide whether it would accept donations
of real property and how land might be conserved. CL Leifer said this will also assist with
decisions on whether the town should donate funds for acquisition of real property by other
entities that intend to preserve it.
RESOLUTION #47 (2015) – ADOPT METHODS AND SELECTION OF CRITERIA FOR
LAND PROTECTION AND ACQUISITION
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts a policy that it will refer to the
document “Methods and Selection Criteria for Land Protection and Acquisition” (attached to
these minutes) when considering acquisition of real property by the Town of Dryden or
financial support of acquisition of real property by another entity with intent to preserve the
property; and further
RESOLVED, that the document entitled “Methods and Selection Criteria for Land
Protection and Acquisition” may be amended at any time by resolution of this Town Board.
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The second has to do with a Natural Resources Conservation Plan. The Town Board
had asked the Conservation Board to oversee the development of an open space plan, the
components of which would be developed by the Ag Advisory Committee and the Recreation
Commission, with a certain amount of input from the Planning Board. The other boards are
busy and it has kind of taken a back seat. The Conservation Board passed the following
resolution on September 30, 2014:
Proposed that the Conservation Board prepare a Town of Dryden Natural Resources Conservation
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Plan
Whereas, The Dryden Town Board issued an Open Space Plan Directive, dated August 15, 2013, outlining a
plan to be prepared jointly by the Conservation Board, the Agricultural Advisory Committee, the Dryden
Recreation and Youth Commission, and the Planning Board,
Whereas, The Town Agricultural Advisory Committee is now commencing work on an Agriculture and
Farmland Protection Plan,
Whereas, The Town Recreation Department and the Dryden Recreation and Youth Commission are
beginning a Recreation Needs Assessment,
Whereas, The Town Planning Board is beginning work towards updating the Comprehensive Plan,
Whereas, The Town Conservation Board proposes to refocus its work towards preparation of a Natural
Resources Conservation Plan,
Now, therefore, be it resolved that, The Conservation Board rec ommend that the Town Board withdraw its
Open Space Plan Directive,
And further resolved that, The Conservation Board recommend that the Town Board assign the Conservation
Board the task of preparing a Natural Resources Conservation Plan for the Town of Dr yden which, with
support from the Planning Department, shall identify resources of conservation concern throughout the Town,
to include but not be limited to:
Enduring landscape features Water resources Biological resources Productive land resources Sceni c and
recreational resources
and which shall assess threats to those resources and provide guidance for public education and outreach,
voluntary action, land use planning, land development, land acquisition and conservation that will help the
Town sustain its diverse natural resources, its valued rural character and its quality of life for generations to
come.
Cl Leifer asked if the Conservation Board would be seeking input from the agriculture
community when considering productive land resources. Bob Beck said he envisions that part
of the plan as minimally dealing with productive lands, but would look for input from the farm
community and the plan the Ag Advisory Committee is preparing. Supv Sumner said she
expects that when the Conservation Board gets this to a draft level, it will be given to other
boards/committees for review and comment before proceeding. T he town board would be
involved as well.
RESOLUTION #48 (2015) – DIRECT CONSERVATION BOARD TO PREPARE A NATURAL
RESOURCES CONSERVATION PLAN
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby directs the Conservation Board to prepare a
Natural Resources Conservation Plan for the Town of Dryden which, with support from the
Planning Department, shall identify resources of conservation concern throughout the Town, to
include but not be limited to:
Enduring landscape features
Water resources
Biological resources
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Scenic & recreational resources
and which shall assess threats to those resources and provide guidance for public education
and outreach, voluntary action, land use planning, land development, land acquisition and
conservation that will help the Town sustain its diverse natural resources, its valued rural
character and its quality of life for generations to come.
2nd Cl Leifer
Roll Call Vote Supv Sumner
Cl Leifer
Cl Lavine
Rail to Trail Proposal – Freeville to McLean portion – Supv Sumner said the
Conservation Board passed a resolution about this trail possibility on September 30, 2014, and
recommended that the Town Board set a goal of establishing a rail trail from Freeville to
McLean and a plan to begin public outreach and landowner contact. The resolution is as
follows:
Proposed that Town of Dryden trail plans include a Freeville to McLean rail trail (ultimately linking
to Cortland)
Whereas, Major rail lines once converged and crossed in Freeville, making the village a vital rail center in Tompkins
County,
Whereas, The Town of Dryden's proposed rail trails converging at Freeville will link the Village of Dryden
with Freeville, Etna, Varna and Ithaca to the west,
Whereas, A Freeville to Cortland rail trail would link Ithaca and Town of Dryden villages and hamlets with
McLean and Cortland to the east,
Whereas, In the Town of Dryden, one mile of the Freeville to Cortland rail bed has been, for many years,
informally maintained and used as a pedestrian trail (between W. Malloryville Rd. and Fall Creek Rd.
near McLean),
Whereas, In Cortland County the Freeville to Cortland rail bed is maintained as a pedestrian trail from the
Tompkins/Cortland County line through the Lime Hollow Center for Culture and Environment to the outskirts of
Cortland,
Whereas, Initial discussion with several rail-bed landowners has
been positive,
Whereas, Increasingly across the country, people appreciate and use off -road pedestrian and bicycling trails and
support their communities' commitment to development and maintain them,
Now, therefore, be it resolved that, The Conservation Board recommend that the Town Board set the goal of
establishing a rail trail from Freeville to McLean and a plan to begin public outreach and landowner contact,
And further resolved that, Recognizing that from McLean to the Cortland County line the rail bed lies within the
Town of Groton, cooperation be sought with the Town of Groton (while also exploring the possi bility of developing,
north from Freeville, a Freeville to Groton rail trail, thus linking Groton to Ithaca, Dryden and McLean within
Tompkins County)
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Supv Sumner suggested that in light of Ron Beck’s comment the board might want to
respectfully accept this recommendation from the Conservation Board and not take action on it
yet. The Town is currently so engaged in other segments of the trail to the west that it will be
some time before the board could likely take action. Cl Leifer said he understands there is
much more opposition to this section. From Dryden west there is more demand for a trail and
more support and he thinks the town should focus its efforts on the western section. Unless
landowners are willing to participate, it won’t work. Supv Sumner said she would like to keep
the idea alive without actually making it a goal.
RESOLUTION #49 (2015) – DELAY ACTION ON FREEVILLE TO MCLEAN TRAIL
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board respectfully acknowledges the recommendation from
the Conservation Board with respect to a Freeville to McLean trail and appreciates the
resolution, but will delay action until a future time.
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said the Conservation Board passed the following resolution with respect
to the portion of trail that goes through the Game Farm on January 27, 2015.
Whereas, the Conservation Board has reviewed the letter from Gordon Batcheller, DEC Chief Wildlife Biologist;
and
Whereas, the Conservation Board believes accepting the DEC recommendation, which includes an offer to pay
for trail construction, will save the Town of Dryden significant expense; and
Whereas, the alternative route offered will be open year round; and
Whereas, accepting the DEC offer will allow a continuation of the rail to trail construction; and
Whereas, the Conservation Board has demonstrated the Rails to Trails project to be a priority goal;
Therefore, the Conservation Board hereby asks the Town Supervisor to accept the DEC proposal and begin to
move forward on the Trail system.
Supv Sumner said there was a long discussion with the DEC last year about how the
trail might proceed through that piece of property. There was a letter from Gordon Batcheller
on August 21 that suggests an alternate route, recommending a nature trail at the edge of the
natural area and an alternate bike trail on the side of the road that would get cyclists to
Stevenson Road. She said she finds that proposal disappointing, but the Conversation Board
sees it differently. She would like to push a bit harder for what the original plan is. Cl Lavine
said from the conversations at the Conservation Board meetings it seems to her that it just was
better to accept what the DEC is willing to offer than to put it off any longer. It sounded as if
the alternate bike trail was not a big deal. She doesn’t see why we would turn this down after
so many years of waiting for them to allow a place where there could be a trail. Supv Sumner
said she would vote against the Conservation Board’s recommendation and the matter was
tabled. Supv Sumner said she will try to schedule a meeting with Tom Knipe and the trail
committee to get an opinion.
Bob Beck introduced Eileen Munch, of Design Connect, who is the project manager for
the Freeville to Varna trail project. She said Design Connect is a student run consulting club
at Cornell University. This semester they are working on conceptual design for a section of
trail connecting Freeville to Varna. There are 11 people on the team ranging from sophomores
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to second year graduate students and departments spanning City & Regional Planning,
Landscape Architecture, and various forms of engineering. They just started a few weeks ago
and hope to have a conceptual design completed by May.
Supv Sumner said this section of the trail has been under consideration for some time
and it needs some more development. Leaving out the Game Farm to Varna part, it is about
6.25 miles.
Budget Modifications
Supv Sumner presented budget modifications for special districts for the 2014 fiscal
year. She said she will be looking into some of these to see if we need to modify our budget
going forward. Because the Hall Road budget mod is from fund balance that was done
separately.
RESOLUTION #50 (2015) – BUDGET MODIFICATION – HALL ROAD WATER
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modification
for the 2014 fiscal year:
To SW4-8320.4 SOURCE OF SUPP CONTR 2,272.75
From SW4-8340.2 CAP IMPR 1,860.00
From SW4-9030.8 SOC SEC 8.04
From SW4-9080.8 MEDICARE 6.55
From SW4-599 FUND BALANCE 398.16
2nd Cl Leifer
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
RESOLUTION #51 (2015) – BUDGET MODIFICATIONS
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following budget modifications
for the 2014 fiscal year:
To SL2-5182.4 ST LIGHTING CONTR 351.34
From SL2-599 FUND BALANCE
To SL3-5182.4 ST LIGHTING CONTR 243.34
From SL3-599 FUND BALANCE
To SM9040.8 WORKERS COMP 19,055.00
From SM599 FUND BALANCE
To SS1-8130.4 TRTMT/DISP CONTR 1,993.47
From SS1-8110.4 ADMIN CONTR 1,950.00
From SS1-8120.4 SAN SEW CONTR 43.47
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To SS2-8120.1 SAN SEW PERS SERV 231.40
From SS2-8110.4 ADMIN CONTR
To SS2-8120.4 SAN SEW CONTR 254.72
From SS2-8130.4 TRTMT/DISP CONTR
To SS3-8130.4 TRTM/DISP CONTR 13,631.56
From SS3-8120.4 SAN SEW CONTR 9,967.50
From SS3-8120.2 CAP IMPRV 3,664.06
To SS4-8120.1 SAN SEW PERS SERV 938.23
From SS4-8110.4 ADMIN CONTR 750.00
From SS4-8130.4 TRT/DISP CONTR 188.23
To SS4-9030.8 SOC SEC 57.52
From SS4-8130.4 TRT/DISP CONTR
To SS4-9089.8 MEDICARE 9.47
From SS4-8130.4 TRT/DISP CONTR
To SS5-8120.1 SAN SEW PERS SERV 765.88
From SS5-8110.4 ADMIN CONTR 450.00
From SS5-8130.4 TRT/DISP CONTR 315.88
To SS5-8120.4 SAN SEW CONTR 6,380.89
From SS5-8120.2 CAP IMPRV
To SS5-9030.8 SOC SEC 46.98
From SS5-8130.4 TRT/DISP CONTR
To SS5-9089.8 MEDICARE 8.35
From SS5-8130.4 TRT/DISP CONTR
To SS7-8120.1 SAN SEW PERS SERV 1,117.57
From SS7-8110.4 ADMIN CONTR 500.00
From SS7-8120.2 CAP IMPR 617.57
To SS7-8130.4 TRTM/DISP CONTR 33.44
From SS7-8120.2 CAP IMPR
To SS7-9030.8 SOC SEC 60.23
From SS7-8120.2 CAP IMPR
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To SS7-9089.8 MEDICARE 8.44
From SS7-8120.2 CAP IMPR
To SW1-8340.1 TRANS/DIST PERS SERV 443.54
From SW1-8340.2 CAP IMPR
To SW1-8310.4 WATER ADMIN CONTR 498.97
From SW1-8340.2 CAP IMPR
To SW1-8320.4 SOURCE OF SUPP CONTR 20,005.21
From SW1-8340.2 CAP IMPR
To SW1-8340.4 TRANS/DIST CONTR 268.57
From SW1-8340.2 CAP IMPR
To SW1-9030.8 SOC SEC 26.49
From SW1-8340.2 CAP IMPR
To SW1-9089.8 MEDICARE 3.70
From SW1-8340.2 CAP IMPR
To SW2-8340.1 TRANS/DISTR PERS SERV 4.95
From SW2-8340.4 TRANS/DISTR CONTR
To SW2-8310.4 WATER ADMIN CONTR 198.96
From SW2-8340.4 TRANS/DISTR CONTR
To SW2-8320.4 SOURCE OF SUPP CONTR 434.81
From SW2-8340.4 TRANS/DISTR CONTR
To SW2-9030.8 SOC SEC 0.30
From SW2-9089.8 MEDICARE
To SW3-8340.1 TRANS/DISTR PERS SERV 496.38
From SW3-8310.4 WATER ADMIN CONTR 101.05
From SW3-8340.2 CAP IMPR 395.33
To SW3-8320.4 SOURCE OF SUPP 3,285.56
From SW3-8340.4 TRANS/DISTR CONTR 3,141.68
From SW3-8340.2 CAP IMPR 143.88
To SW4-8310.4 WATER ADMIN CONTR 198.95
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From SW4-8340.1 TRANS/DISTR PERS SERV
To SW4-8340.4 TRANS/DISTR CONTR 89.57
From SW4-8340.1 TRANS/DISTR PERS SERV 80.30
From SW4-9030.8 SOC SEC 9.27
To SW5-8310.4 WATER ADMIN CONTR 198.96
From SW5-8340.1 TRAND/DISTR PERS SERV 177.41
From SW5-8320.4 SOURCE OF SUPP CONTR 21.55
To SW5-8340.4 TRANS/DISTR CONTR 187.03
From SW5-9710.7 SERIAL BOND INTEREST
To SW6-8340.1 TRANS/DISTR PERS SERV 499.10
From SW6-8320.4 SOURCE OF SUPP CONTR 409.08
From SW6-8340.4 TRANS/DISTR CONTR 90.02
To SW6-8310.4 WATER ADMIN CONTR 198.96
From SW6-8340.4 TRANS/DISTR CONTR 198.96
To SW6-9030.8 SOC SEC 68.16
From SW6-8340.4 TRANS/DISTR CONTR
To SW6-9089.8 MEDICARE 15.93
From SW6-8340.4 TRANS/DISTR CONTR
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
On motion made, seconded and unanimously carried, the board moved into e xecutive
session to discuss a matter of litigation involving the Department of Environmental
Conservation, at 8:55 p.m., and returned to open session at 9:01 p.m.
RESOLUTION #52 (2015) – AUTHORIZE ORDER ON CONSENT/STIPULATION
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor sign a
proposed Order on Consent/Stipulation prepared by the New York State Department of
Environmental Conservation for an incident involving the Highway Department on or about
June 19, 2014.
2nd Cl Lavine
Roll Call Vote Supv Sumner Yes
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Cl Leifer Yes
Cl Lavine Yes
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 9:03 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk