HomeMy WebLinkAbout2015-03-19TB 3-19-15
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TOWN OF DRYDEN
TOWN BOARD MEETING
March 19, 2015
Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph
Solomon, Cl Jason Leifer, Cl Linda Lavine
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Mahlon Perkins, Town Attorney
Dave Sprout, Code Enforcement Officer
Supv Sumner opened the meeting at 7:00 p.m. and board members and guests
participated in the pledge of allegiance.
The Foundation of Light is not prepared to proceed with its special use permit
application and was not present.
CITIZENS PRIVILEGE
Tim & Heather Gowe addressed the board regarding a manure pit that is to be installed
near their home and close to a DEC wetland. T Gowe said after hearing about it they made
some phone calls and did some investigating. From talking with DEC and Tompkins County
Soil and Water it seems there is no full scale map of this project. There is no site plan and
there doesn’t seem to be any oversight. There is no map for depth of water, of the sewer pipe,
and no easements for affected property owners. There is no stormwater review and they believe
there needs to be one in this matter. There are currently no applications or permits, to their
knowledge, submitted for the line that will run through the wetlands and the sewer storage
tank to be placed across from their home on Dutcher Road. The only publicly announced
permit is for the risers that will come through on either side of North Road. They are
concerned that there are no studies of the environmental impact to the DEC protected wetland,
or the watershed table or the Cornell-owned bog just south of where the project will take place.
He doesn’t believe there is an emergency spill response plan by CAFO or Beck Farms. As noted
in the 2008 report by Scott Cook from DEC Division of Water, the farm was cited for dispensing
too much manure due to an equipment failure.
There is an issue of the impact of truck traffic and noise from the exhaust valves if there
is an undisclosed roadway that will run from the sewer storage tank to Dutcher Road. If Beck
Farms fields need to be serviced on the North Road side, the truck would have to come down
Dutcher Road and make an over 90 degree turn on to North Road.
T Gowe would like the Town Board to look into this further and perhaps hold a public
hearing on the project. Perhaps there is an alternate site. He believes this all stems from
closure of the Red Mill Road bridge. Apparently the l ine has already been bored under Red Mill
Road, so perhaps a transfer station could be put in a site other than in or near a wetland. He
would like the board to submit a written comment objecting to the cursory scope of the review
and SEQR Type II classification by NYS DEC. All comments need to be submitted to Theresa
Phelps at the DEC Cortland Office no later than April 2 2015. There was a public notice in the
paper on Monday. Gowes would like the board to request copies of all documents depicting the
overall project scope and grant funding materials, including maps and engineering showing
locations of the pit, the transfer line, the actual T brakes that will be used in the soft lines, and
a proposed emergency spill response plan. He asked the board to require a full SWPP under
the town’s local stormwater law including post-construction permit and stormwater controls.
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He would also like the board to enact as soon as possible an amendment to the town zoning
law similar to the legislation currently being considered in the Town of Homer. They have
provided an explanation in a letter from them delivered to the Supervisor yesterday.
They would like to see a full review of the project by NYS DEC Division of Soil Water,
which is the appointed agency charged with reviewing the CAFO permit, annual updates to the
CAFOs, CNNPs, inspections, and overall CAFO practices and compliance with a CAFO SPEDES
permit.
Documents regarding the incident in Homer with a manure pit were submitted in a
notebook given to the Supervisor. The town didn’t know about the project until after the
permit was issued and have now proposed a new set of rules. It is currently being reviewed by
Cortland County Planning and Ag & Markets. Supv Sumner said she would keep in touch with
them about it. She said the town does not have a permitting role but can be a fact finder.
There is no review process for the town.
D Sprout, Code Enforcement Officer, has talked with Beck’s engineer. The line will go
from their barn to a field on Fall Creek Road; from there will be overland lines to North Road.
It will then go under a culvert on North Road and then an overland line from the riser by the
barn up to the proposed storage facility.
D Sprout said they are exempt from the town’s stormwater regulations. It is an
accepted agricultural practice. Because the pipeline is so far from North Road (about 1500
feet) it doesn’t require a full SWPP. The storage facility doesn’t require post construction
inspection, only an erosion and sediment control plan during construction. He doesn’t see how
the town’s stormwater regulations apply. Supv Sumner will put the information the town has
with information the Gowes have gathered. He tried to get someone from Beck Farms, their
engineer or Soil & Water to come tonight, but they did not.
There was a discussion about where there were options or alternative locations that
would impact the Gowes and the environment less.
D Sprout said the reason for doing this is to reduce truck traffic. They will pump
manure to the storage facility so they don’t have to spread it as often as they might otherwise.
They will hook a pipe up to the risers and spread from risers to the fields.
Craig Schutt, Conservation Board member, said at the time this grant was acquired by
Beck Farms, he was the district manager for Tompkins County Soil & Water Conservation
District. He wrote the grant and got the project funded. He and the Becks worked with a very
good engineer. The engineering firm is highly thought of for this kind of project. He never had
any question about this project being well done. A project like this, under DEC and Ag &
Markets, has to have a stormwater plan within the project plan. It wouldn’t go through
without a thorough stormwater plan. It has to be there and has to be followed. Becks are one
of the highest regulated businesses in the town. DEC and other regulatory authorities are on
them all the time because of their size. The CAFO program is very strong and very strict. He
said he doesn’t think anyone does it better than Becks. He felt very comfortable securing
funding for them to do this project.
Cl Lavine asked whether he thought there were options that made it better and would
still allow the project to move forward. C Schutt responded that CAFO won’t allow them to
spread manure year round, so they have to have storage facilities large enough to hold the
manure. This way they can spread it at planting and get the full benefit of the fertilizer so they
don’t have to use as much chemical fertilizer. They looked at several options for location, but
they had to have another storage facility to be in compliance with their CAFO permit. There
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will be a lot less truck traffic. There will be less carbon emissions and there will be less damage
to roads. They did look at alternatives, and it isn’t likely the plan will change.
David Bradley, South Street, said he moved to Dryden about 8 months ago. He is
surprised with the incredible road noise given incredible truck traffic in the village. The village
doesn’t ticket them. He kept inquiring why the police don’t issue more tickets and was told the
Village doesn’t make money from the tickets. The Village Board has now decided to cut the
police budget by 25% ($150,000). He understands that 20% of their time is spent in the
surrounding area and he would like the Town Board to tell the Village that it doesn’t need any
police services and please don’t send Village police there because they will not be compensated.
Then he might be able to get the truck traffic in front of his house under control.
Supv Sumner understands his point and said it is true that 20% of the village police
calls are responses to mutual aid agreements with other law enforcements outside the village.
The town doesn’t request this, and even if we asked them not to, they would continue to
respond to other law enforcement agencies.
Deborah Cipolla Dennis said she is grateful that the town is now plowing Sapsucker
Woods Road. This is first year that the road has been plowed in the ten years she has worked
at the Lab of Ornithology and she appreciates that. She was at a previous board meeting when
a gentleman complained about high cost of taxes and budget mismanagement. She took a
close look at her property tax bill this year and commended the town for its fiscal management.
Only a tiny bit of that bill actually goes to the town.
Joanne Cipolla Dennis thanked Gowes for coming and watching out for Dryden’s
waters. She supports small independent farms, but not CAFOs for these reasons. She
wonders what the impact on their life and the value of their property is going to be. The DEC
should have a hearing because these people are entitled to protections if they are available.
She said she has been talking to people in Tompkins County about the state of our
police and how they treat citizens. She has been to meetings at the county and is quite
appalled at the destruction done to a family in Danby recently. The Danby Town Supervisor
spoke about how it went down in his town, without notification to town. She met the widow in
this incident who is now homeless and has no income. Because some cop could have gotten
hurt, they destroyed the home with equipment given to them by homeland security. They say
they didn’t hear the shot when he killed himself, yet they were able to hear his cough. They
admitted that they weren’t listening the entire time, and that’s why they didn’t hear him
commit suicide. She asked the board to please write letter of support for a full independent
investigation of this incident by Gov Cuomo.
TOWN CLERK
RESOLUTION #54 (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 February 12
and February 19, 2015.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
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RECREATION DEPARTMENT
Jennifer Jones provided board members with their new spring booklet. The booklet has
changed. She is using a new printing company to create a more colorful booklet at about a
quarter of the price. There are new programs. We are now a Red Cross certified training
location and they will be holding CPR certification classes this spring. Pickleball, started last
year, is running great with about 20 people participating each Sunday. It is an adult program,
but they hoping younger folks join.
Her goal for the program booklet is for it to be a community guide. She has included
Kiwanis, the library and the Intergenerational Band and Chorus and would like it show
everything that is available, not just what is offered by her department. She is currently
planning summer and fall programs. There will be new summer camps, morning or afternoon,
for archery, basketball, tennis and hopefully drama. She is hoping to engage more students
over the summer and increase revenue. The summer concert series will continue as well as
many of the fall sports.
J Jones asked the board to approve the community grant guidelines developed by the
Recreation and Youth Commission. Once approved she will put out the notifications. There
are limited funds for programming and events. They hope to maximize community involvement
and impact in the community. They are trying to do as much as we can with the limited funds.
She expects the summer camps to be self supporting and possibly bring in some
revenue. The Groton programs she was previously involved with pay for themselves and
generate revenue.
The last two pages of the program guide include trail information and information for
the community centers. She would like to grow the trail guide.
The board reviewed the grant guidelines developed by the Recreation & Youth
Commission.
RESOLUTION #55 (2015) – ADOPT GRANT GUIDELINES
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the community grant program
guidelines outlined in its memo dated February 13, 2015.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
UNFINISHED BUSINESS
284 Agreement – Supv Sumner said past agreements had separate amounts for
maintenance and repairs and this agreement lumps it together. Rick Case said it is grouped
together because it is CHIPS moneys that are meant for capital improvements for the town’s
highway system. There was a discussion about what is maintenance and what are repairs or
improvements. CHIPS money is only for capital improvements – paving and chip
sealing/surface treatment are improvements or can be considered improvements. R Case said
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account DB5112 is the account in the budget for NYS CHIPS monies. Until the state budget is
passed they are unsure of the actual amount that will be received. Last year the amount was
just shy of $340,000. It started at $293,000 and the state added extra because of the severe
winter. They are not expected to do that this year.
Supv Sumner noted that the Comptrollers Office said we weren’t planning enough for
maintenance, and she’s trying to determine what maintenance is. R Case said it’s everything
we do to keep the roads from falling apart including ditches, drainage, and shoulders. New
York State lists criteria on how the town can spend CHIPS moneys and what they consider
capital improvements, which includes buying equipment. Supv Sumner will make an
appointment to discuss this further with him.
The board reviewed the 284 agreement and Supv Sumner said she appreciated them
adding the start and stop points. In reviewi ng the other report submitted by the Highway
Superintendent, Supv Sumner noted that they have spent a good portion of their winter budget
already and might want to be thoughtful about the remaining budget for November and
December. The department is willing to repair/replace mailboxes damaged by the snow plow
provided they were installed correctly originally and the driver acknowledges hitting it.
Supv Sumner would like a summary of what was completed of the items listed on the
284 last year. R Young said they were having trouble retrieving information from the Ihelper
program, but expect to have it next week. Supv Sumner said that has been posted on the
website in the past and she would like to put the 284 Agreement on when it is signed.
Supv Sumner noted the Yellow Barn Water Company meeting is next Thursday.
NEW BUSINESS
Freeville Shopper special use permit– There was nothing to add by applicant and no
questions from the board. The public hearing was scheduled for 7:15 p.m. on April 16, 2015.
Public Interest Order – Supv Sumner explained this is for improvements to the influent
building that they’ve been researching for over a year. The engineering estimate is 6.3 million
dollars and a contingency added bringing it to 6.9 million dollars. The town’s share will be
$131,274.00.
RESOLUTION #56 (2015) – ADOPT PUBLIC INTEREST ORDER –
INFLUENT BUILDING & DEWATERING PROJECT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following public interest order:
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 Influent Building and
Dewatering Project
ORDER CALLING
PUBLIC HEARING
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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 Influent Building and Dewatering Project, and hereinafter also referred to as “the
Improvement Project,” to provide improvements to the present wastewater treatment plant in the City of
Ithaca managed jointly by the City and Town of Ithaca and Town of Dryden which wastewater treatment
plant provides wastewater treatment services for the Town sewer districts served by such wastewater
treatment plant, such improvements to be constructed and owned by the City and Town of Ithaca and
Town of Dryden, and
WHEREAS, said plan, report and map have been prepared by GHD Consulting Services, Inc.,
Professional Engineers, 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 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:
Replacement of influent screens, installation of an odor control system, procurement and
installation of dewatering equipment and replacement of lighting and painting of the interior walls of the
influent building, and
WHEREAS, the maximum proposed to be expended for the aforesaid improvements is
$6,930,000.00 of which the Town of Dryden’s share is not to exceed $131,274.00, and 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 t he City of Ithaca’s share of the
improvements at the Facility as well as for the Town of Dryden’s share of the project cost. The Town of
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Dryden will not co-issue or be liable on the bonds. The Town of Dryden will reimburse the City of Ithaca
for the said Town’s share of such project cost. 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
and Town of Ithaca and Town of Dryden,
NOW, 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 16th day of April, 2015 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 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
(10) nor more than 20 days before the day designated for the hearing as aforesaid.
Section 3. This order shall take effect immediately.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
There is a request from Verizon for an amendment of the special use permit for their
NYSEG tower. They would like to change the antennas on the tower. County review has not
been received, so the board will not act on that tonight.
Proposed amendment to Local Law #1 of 201 5 – Zoning Law - This amendment will
delete the definition of public utilities and add definitions of public utility delivery facilities and
public utility structures. The use chart will be modified in the same way. Subsection E of
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Section 900 clarifies that this law does not apply to repair or replacement in kind or projects
regulated by the PSC or FERC or for extension distances of less than 1,000 feet. It also does
not apply to individual service connection to a house. There are also a few administrative
changes not connected to the public utilities issues. Distribution lines would be subject to a
special use permit.
RESOLUTION #57 (2015) – INTRODUCE AMENDMENT TO LOCAL LAW #1 OF 2015
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby introduces the following amendme nt to Local
Law #1 of 2015, and sets a public hearing to consider adoption of the same for April 16, 2015,
at 7:30 p.m.
Local law No. 1 of the year 2015 is hereby amended as follows:
1. The definition of “Public Utility” in Article III is hereby repealed.
2. Article III is hereby amended to add the following new definitions:
Public Utility Delivery Facilities – Local infrastructure that delivers an everyday necessity to the public
at large, such as sewer laterals, water services, electric services, natural gas services and
telecommunication services. Public Utility Delivery Facilities are typically owned by the property owner
served by said delivery facility but may be owned by a municipality, public utility corporation or other
private entity.
Public Utility Structures – Larger utility infrastructure including water or sewer mains, electric poles
and lines, natural gas distribution lines, telecommunication towers, structures and other facilities owned
by a public utility corporation which do not fall within the definition of Public Utility Delivery Facilities.
Examples include tanks, pump stations, electric transmission or distribution lines and natural gas
transmission and distribution lines and their related appurtenances including electric substations and point
of delivery structures. [See however, Section 900 (E)(2)]
3. The chart in Section 501 is hereby amended by deleting the reference to “Public Utility” and by
adding the categories of “Public Utility Delivery Facilities” and “Public Utility Structures ” so that the
chart reads as follows:
USES NR
Neighborhood
Residential
RR
Rural
Residential
RA
Rural
Agricultural
CV
Conservation
MC
Mixed Use
Commercial
LIO, LIO-A
Light Industrial/
Office
Agricultural Use P P P P P P
Farmstand P P P P P P
Adult Use (see
§1302) X X X X X
SUP
Only permitted
in LIO-A
Agriculture-Related
Enterprise X SUP P P P SUP
Artist Studio/ Craft
Workshop X P P P P P
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USES NR
Neighborhood
Residential
RR
Rural
Residential
RA
Rural
Agricultural
CV
Conservation
MC
Mixed Use
Commercial
LIO, LIO-A
Light Industrial/
Office
Automotive Repair
Garage (see §1310) X SUP SUP SUP SUP SUP
Automotive Sales X X X X SUP SUP
Automotive Salvage
and Junk Yards X X SUP SUP SUP SUP
Automotive Towing
Service (see §1306) X X SUP X SUP SUP
Bed-and Breakfast
establishment X P P P P SUP
Boarding House X SUP SUP X X X
Campground X SUP SUP SUP X X
Car Wash X P P P SUP P
Contractor’s yard X SUP SUP P P P
Day care center, child X SUP SUP X P P
Drive-through facility
(see §1309)
X X X X SUP SUP
Gasoline station X X X X SUP SUP
General Office
Building
X X X X P P
Hotel / Motel X X X X P SUP
Industry, Light X X X X P P
Industry/
Manufacturing (see
§1303)
X X X X SUP SUP
Inn X SUP SUP SUP P X
Kennel (see §1308) X SUP SUP SUP SUP X
Large Scale Retail
Development X SUP X X SUP SUP
Mining (see §1304)
X X
SUP
See Section
1304 for
restrictions
SUP
See Section 1304
for restrictions
X
SUP
See Section 1304
for restrictions
Nursery/Greenhouse,
Retail X SUP P SUP P X
Professional office X SUP P SUP P P
Restaurant X SUP SUP X P SUP
Retail business X X SUP X P P
Retail shopping
centers / plazas X X X X SUP X
Retreat or Conference
Center X SUP SUP SUP SUP X
Self-storage X X X X SUP SUP
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USES NR
Neighborhood
Residential
RR
Rural
Residential
RA
Rural
Agricultural
CV
Conservation
MC
Mixed Use
Commercial
LIO, LIO-A
Light Industrial/
Office
Service business X SUP SUP X P P
Theater X X X X P P
Warehouse X X X X SUP P
Bed-and-Breakfast
home P P P SUP P X
Congregate Care
Facility X P P P P X
Day care home,
Family P P P P P X
Day care home,
Family Group P P P P P X
Dwelling, accessory
unit (see §1311)
P
as per §1311
P
as per §1311
P
as per §1311
P
as per §1311
P
as per §1311
X
Dwelling, multi-
family X SUP SUP X SUP X
Dwelling, single-
family P P P P P X
Dwelling, two-family X P P P P X
Dwelling, upper-floor
apartment(s) X X X X SUP X
Elder Cottage see
§1305 See §1305 See §1305 See §1305 See §1305 See §1305 X
Home Occupation:
Level 1 P P P P P X
Home Occupation:
Level 2 X SUP SUP SUP SUP X
Manufactured Home X P P P SUP X
Manufactured Home
Park
X
SUP only
with
Municipal
Water and
Sewer
SUP only
with
Municipal
Water and
Sewer
X
SUP only
with
Municipal
Water and
Sewer
X
Mobile Home X X X X X X
Senior Housing,
Family SUP SUP SUP SUP SUP X
Senior Care Facility X SUP SUP X SUP X
Workshop/Garage
Non-Commercial
P P P P P P
Cemetery X P P P P P
Educational use X SUP SUP SUP SUP X
Library X SUP X X SUP X
Lodge or club X SUP SUP SUP P X
Municipal use P P P P P P
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USES NR
Neighborhood
Residential
RR
Rural
Residential
RA
Rural
Agricultural
CV
Conservation
MC
Mixed Use
Commercial
LIO, LIO-A
Light Industrial/
Office
Public Safety Use X SUP SUP SUP SUP SUP
Public Utility
Delivery Facilities
See Section 900
(E)(2)
P P P P P P
Public Utility
Structures
See Section 900
(E)(2)
SUP SUP SUP SUP SUP SUP
Religious Institution SUP SUP SUP SUP SUP SUP
Recreation, Active X SUP SUP SUP SUP SUP
Recreation, Passive P P P P P P
Recreation Facility,
Amusement X X SUP X SUP SUP
Recreational Facility,
Athletic X SUP SUP SUP SUP SUP
Recreational Facility,
Motorized X X SUP SUP X X
Any accessory
Building or use
determined by the
Planning Department
or Zoning Board of
Appeals to be
customarily incidental
to a permitted use,
including detached
garages and sheds.
PA PA PA PA PA PA
Accessory
recreational uses,
such as swimming
pools and sports
courts, provided that
they are in
compliance with the
setback requirements
for the principal use.
PA PA PA PA PA PA
Off-Street Parking
Facilities
PA PA PA PA PA PA
4. The chart in Section 702 is hereby amended by deleting the reference to “Public Utility” and by
adding the categories of “Public Utility Delivery Facilities” and “Public Utility Structures” so that the
chart reads as follows:
Allowed
Principal Uses
Varna Hamlet
Mixed Use District
(VHMUD)
Varna Hamlet Residential
District (VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum Lot
Size
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Allowed
Principal Uses
Varna Hamlet
Mixed Use District
(VHMUD)
Varna Hamlet Residential
District (VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum Lot
Size
Agricultural Use P P P None
Farmstand P P P None
Artist Studio/Craft Workshop SPR X SPR 1/8 Acre
Automotive Repair Garage SPR X X 1 Acre
Bed And Breakfast Establishment SPR SPR SPR None
Boarding House SPR SPR SPR ¼ 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 ½ Acre
Nursery/ Greenhouse, Retail SPR SPR X 1 Acre
Professional Office SPR SPR SPR None
Restaurant SPR X X None
Retail Business SPR X X None
Retail shopping center/plaza SPR X X 2 Acres
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 (See §
1311)
SPR SPR SPR None
Dwelling, multi-family SPR SUP SUP 1 Acre
Dwelling, single-family P P P None
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Allowed
Principal Uses
Varna Hamlet
Mixed Use District
(VHMUD)
Varna Hamlet Residential
District (VHRD)
Varna Hamlet
Traditional
District
(VHTD)
Minimum Lot
Size
Dwelling, two-family SPR SPR SPR 10,000 square
feet
Dwelling, upper-floor apartments SPR SPR SPR None
Elder Cottages See Section 1305 See Section 1305 See Section
1305
None
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-
Commercial
P P P None
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 ½ Acre
Public Utility Delivery Facilities
P P P N/A
Public Utility Structures SUP SUP SUP ½ Acre
Religious Institution SPR SPR SUP None
Recreation, Active SPR SPR X 1 Acre
Recreation, Passive SPR SPR SPR None
Recreation Facility, Amusement SPR SPR X 2 Acres
Recreation Facility, Athletic SPR SPR X 2 Acres
5. Subsection E of Section 900 is hereby repealed.
6. A new subsection E of Section 900 is hereby enacted to read as follows:
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(1) Nothing contained in this Zoning Law shall be construed to require a Special Use Permit for repairs or
replacements in kind of Public Utility Delivery Facilities or for individual lot service connections by a
public utility corporation.
(2) Facilities or activities of a public utility corporation regulated by FERC (the Federal Energy
Regulatory Commission), the PSC (the New York Public Service Commission), or which involve the
extension of a Public Utility Structure for a distance of less than 1,000 feet are not subject to regulation by
this Law.
7. Subsection A of Section 1102 is hereby amended to read as follows:
A. All applicants should refer to the Town of Dryden Residential and Commercial Design Guidelines and
then meet with the Planning Department prior to requesting a sketch plan conference.
8. The definition of Invasive Species in Article III is hereby amended to read as follows:
Invasive Species – Non-native plant species on the list of Worst Invasive Plants of Tompkins County,
New York compiled by F. Robert Wesley, April 2008 which includes the common name, species name
and family. This list is now found in Appendix D, and is hereby made a part of this Law by reference to
such Appendix.
9. Appendix D is hereby repealed.
10. A new Appendix D is hereby enacted to read as in the attached list of “Worst Invasive Plants of
Tompkins County, New York.”
11. This local law shall take effect upon filing in the office of the Secretary of State.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board made to changes to the §284 Agreement. The distance in #2 was changed to
.8 miles and #8 was changed to .2 miles.
RESOLUTION #58 (2015) – APPROVE §284 AGREEMENT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the §284 Agreement to Spend
Highway Funds as presented.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
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Board members and the Highway Superintendent signed the agreement.
Cortland Road Sewer District –
Supv Sumner explained that it is necessary to transfer funds for the Cortland R oad
Sewer District fund for a project completed in 2007.
RESOLUTION #59 (2015) – TRANSFER OF FUNDS FROM CORTLAND ROAD SEWER
PROJECT CAPITAL PROJECT FUND
Supv Sumner offered the following resolution and asked for its adoption:
WHEREAS, the Cortland Road Sewer District has a Capital Project Fund (HB) has a
balance of $24,798.65, and
WHEREAS, the Capital Project for Cortland Road Sewer District is complete, and
WHEREAS, The Office of the State Comptroller requires the balance in the Capital
Project Fund to be transferred to the operating fund for the Cortland Road Sewer District (SS3)
and recommends that the transfer be made effective 12/31/14, be it therefore
RESOLVED, that the Town Board hereby authorizes the Bookkeeper to transfer the
balance of $24,798.65 from the fund balance of the Cortland Road Sewer Capital Project fund
(HB) to the fund balance of the Cortland Road Sewer operating fund (SS3) effective 12/31/14
before closing the accounting year.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner reported that the town has spent $118,447 researching and organizing
the Yellow Barn Water District. The district now has funding, so is now paying the town back.
No resolution is needed for this.
Kevin Ezell, Code Enforcement Officer, has brought to the Supervisor’s attention that
the State Department, where the building code is administered, has a template for the local law
that is necessary for localities to assume responsibility for code enforcement. That law was
passed by the Town in 2007 (Local Law #1 of 2007). Department of State has now made
localities aware that there is a section cited in that law that is incorrect. An amendment has
been prepared that redefines inspector as the Department of State recommends and corrects
the previously incorrect section of Executive Law. The “remedies not exclusive” paragraph
means that all remedies are available to the town for a violation of any section of the code,
including those set forth in Executive Law Section 382.
RESOLUTION #60 (2015) - INTRODUCE LOCAL LAW TO PROVIDE TECHNICAL
CORRECTIONS TO LOCAL LAW No. 1 of 2007
Supv Sumner offered the following resolution and asked for its adoption:
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RESOLVED, that this Town Board hereby introduces the following local law, providing
for technical corrections to Local Law 1 of 2007, and sets a public hearing on adoption of the
same for April 16, 2015, at 7:45 p.m.
A local law to provide technical corrections to Local Law No. 1 of the year 2007
Local Law No. 1 of the year 2007, a local law providing for the Administration and Enforcement of New
York State Uniform Fire Prevention and Building Code and Other Town of Dryden Local Laws and
Ordinances, is hereby amended as follows:
1. The definition of “Inspector” in Section 2. Definitions is hereby amended to read:
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 3 of
this local law.
2. Subsection (e) of Section 15. Violations is hereby amended to read:
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the
exclusive remedy or remedy available to address any violation described in this section,
and each remedy or penalty specified in this section shall be in addition to, and not in
substitution for or limitation of, the other remedies or penalties specified in this section,
in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or
in any other applicable law. Any remedy or penalty specified in this section may be
pursued at any time, whether prior to, simultaneously with, or after the pursuit of any
other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this
local law, in any other section of this local law, or in any other applicable law. In
particular, but not by way of limitation, each remedy and penalty specified in this section
shall be in addition to, and not in substitution for or limitation of, the penalties specified
in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty
specified in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the
Executive Law.
3. This local law shall take effect upon filing with the Secretary of State.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner previously provided board members with a link to a video tour of the
Bolton Point Water Production Plant. She said it is a very impressive video and encouraged
them to watch it and perhaps arrange for a tour of the facility.
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Supv Sumner recently attended a meeting with Cornell Community Relations and
Finance Office on Cornell fiscal transparency. There was a very interesting presentation of
Cornell’s financial planning. She was struck by how similar their challenges and opportunities
are to the Town’s. They are now thinking about working on reserve fund policies. It was
interesting to understand how they survived the recession and what their plans are for the
future. They are waiting for the new president to begin the next five year plan. She will
forward information to the board.
Supv Sumner said she is involved in the Shared Services Task F orce trying to prepare
for writing a report due to the Comptroller’s Office by the first of June about how we plan to cut
1% of the levy by intermunicipal shared services. The Association of Towns is holding a
webinar on doing just that next week. She will share the link with the board.
The consolidated court idea has been abandoned, but investigating that has l ed to a
task force considering consolidated court for other reasons that include what might be a more
equal justice across the county. Cl Leifer said they expect it would provide more even results
across the county and they are exploring how that might be done. The study group of
attorneys, justices, mayors and supervisors will brainstorm how this may work. He doesn’t
personally agree that there wouldn’t be cost savings. If you look at what the Town pays out
and what we take in, we operate at a loss. Village parking tickets and the lack of a way to
enforce those is an example. Most of the fines collected by the town go out of the town. Supv
Sumner said she is proud that Cl Leifer was specifically recruited for this task force.
Supv Sumner said she attended a nice meeting Saturday with Design Connect and
Conservation Board members looking at ideas for the Varna to Freeville segment of the trail.
She was astonished at the unanimous support for the trail and hopes that moves it ahead. Cl
Sloan said he is looking forward to getting a better handle on what the construction schedules
will look like and what the construction budgets will need to look like so they can start to plan
on how to implement this in the shortest possible time with the minimum burden on the
taxpayer.
Cl Leifer is working on revisions to the town’s personnel manual, and will be forwarding
those to board members.
There being no further business, on motion made, seconded, and unanimously carried,
the meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk