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HomeMy WebLinkAbout2018-07-19TB 7-19-18 Page 1 of 20 TOWN OF DRYDEN TOWN BOARD MEETING July 19, 2018 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Kathrin Servoss, Cl Alice Green Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Khandi Sokoni, Town Attorney Supv Leifer opened the meeting at 7:10 p.m. and board members and guests recited the pledge of allegiance. SKETCH PLAN REVIEW VETERINARY OFFICE 1650 HANSHAW ROAD Ray Burger explained this is a professional office going into a rural residential neighborhood at 1650 Hanshaw Road so it requires a special use permit. Tonight is the introduction and sketch plan. The Town Board can ask for any further items they would like to see before the August meeting when they will go through SEQR and site plan review. Peter Schug, who owns the property, said they would like to construct a simple, nice building for a veterinary practice. It fits in with neighborhood and he believes it will go well there. They are next door to the SPCA and the SPCA is in favor of the project. The practice will serve companion animals. It will be a new building and will screen the existing building on the property. The board scheduled a public hearing for August 16 at 7:05 p.m. The site plan posted is a final version unless there is a request for something different. Ray Burger confirmed that it complies with everything in his view. SKETCH PLAN REVIEW TRINITAS TOWNHOMES 959 DRYDEN ROAD David Weinstein said the board should not start the sketch plan review. Town zoning in the definitions says review must be on a single parcel of land. This is not a single parcel of land; it is multiple parcels of land. In fact they don’t even meet the criteria of the county for combining them to a single parcel of land. The board should not start a formal process. K Sokoni it is correct that the definition of site plan is “a rendering drawing or sketch prepared to specifications and containing necessary elements as set forth in this law which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.” It happens all the time that multiple lots will be turned into some kind of a development and if it is something the board were to approve it would have to be conditioned on the fact that those lots would be consolidated. As a practical matter you cannot demand the consolidation because the development could be denied. In this instance there is a contract to purchase that is contingent on approval, so the sale would not go through if the application were denied. So if it were approved, it would be contingent on the fact that these lots would eventually be consolidated. Otherwise you would never be able to approve a project TB 7-19-18 Page 2 of 20 that straddled multiple parcels. It is legal to consider this in sketch conference prior to the consolidation. Sketch plan is very preliminary; it is discussion. The applicant takes the input from sketch plan and develops what the final project will look like. R Burger stated this a sketch plan conference for this project that was introduced at last month’s town board meeting. The Town Board made a resolution last week to re fer it to the Planning Board for their comment and recommendation. They meet next Thursday night. Sketch plan tonight will be continued until the August 16 meeting. In the environmental assessment form there has been some back and forth with TG Miller and the applicant for more documentation. That is an ongoing process. There will be feedback tonight and next week and there may be adjustments that will be then incorporated and acknowledged in a revised FEAF. Kim Hansen, Manager of Development and Design, of Trinitas said they have changed the name of the project to The Village at Varna and presented the attached PowerPoint. She introduced Brad Bennett, VP of Development and Acquisitions and Finance, Ely Routh, VP of Property Operations, and Michael Keith, Civil Engineer with Hunt Engineers. Since June they have reworked the site plan, reduced the number of variances they will be requesting, and added a community playground along the Varna Trail that will be dedicated to the town and can be used by anyone. They reduced the number of beds and units resulting in a loss of about 40 beds. They are currently working with a green consultant and wetland consultant to identify critical items and adjustments that need to be made to make sure they meet the LEED 2009 neighborhood development standards in all their buildings. They are also exploring whether this is an opportunity to make the clubhouse LEED certified. They have initiated conversations with TCAT regarding additional service to the development. There are now six routes each day and they hope to increase that. They have begun the process of identifying potential commercial tenants and are open to suggestions on that. They have been discussing ideas for the parcels they will own on the other side of Route 366. Those options include pocket parks along Fall Creek, green space that can be donated after the houses are demolished, and to make the parcels available for single family home spaces. The revised site plan is for 220 units (townhomes) with a mix of 1- to 4-bedroom units. The clubhouse will have several luxury amenities. To reduce the number of variances, there will be some townhomes above the clubhouse. There will still be pedestrian access to the Varna trail. There will be 800 square feet of commercial space along Dryden Road. They are going for a village feel and have reduced the density a bit (13.17 units per acre). They are still seeking a redevelopment bonus and a green development bonus. They are still seeking a 25% reduction in parking, a 9% reduction in green space and will only need one reduced rear yard setback for one building (the one with commercial space along Dryden Road). They will also need to remove the 15’ offset from the buffer for the perimeter buffer setback. Michael Keith explained the stormwater management plan. They need to detain all water flow increase due to impervious surface areas. There will be three stormwater management ponds to reduce the flow to the houses along Route 366. Water will be delivered to the ponds via an enclosed conduit system. There will be an underground stormwater management facility in the lower parcel. Eli Routh, VP Property Operations, talked about property integrity, community engagement and their general platform of property management. They have a full time dedicated maintenance staff comprised of a maintenance supervisor, technicians and groundskeepers. The groundskeepers and technicians would be responsible for policing all grounds and keeping the curb appeal in like new condition daily. There is 24-hour emergency maintenance available for water leaks, fires and things like that. There is average of 24-hour turnaround time on non-emergency work orders. There are daily, weekly and monthly checklist completions for the teams (cleaning, policing grounds, etc.) and a 62 -point site audit TB 7-19-18 Page 3 of 20 that occurs twice a year and is conducted by someone from the corporate team. Having outside eyes looking at it helps make sure they aren’t missing anything at the site level. There is a dedicated operating budget for all things related to maintenance, electrical, plumbing, HVAC and such, and a five-year capital improvement plan that projects the next five years so there are reserves in place when the repairs are needed. There is a full-time office staff comprised of three managers, leasing associates and community assistants. They also participate in policing grounds and making sure areas are up to the standard on a daily basis. There is an on-site courtesy officer, contingent on local law enforcement agencies allowing off-duty police officers to be a courtesy officer. The courtesy officer lives on site, receives free rent, does patrols after hours and responds to after -hour calls from community members for noise complaints and such and works with local authorities if it is a police matter. There is a resident handbook that outlines the rules and regulations of the property. Violations could possibly lead to eviction. There will be full-time shuttles and shuttle staff. Drivers must complete a background check and are subject to a driving record audit and drug screen. They expect a 15 -minute cycle to reduce wait time. There will be shuttles to campus and other points of interest (store, etc.). Hours will vary and be amen ded as necessary based on usage and generally are 7:00 a.m. to 7:00 p.m. with increased routes on the weekends and extended hours on Thursday through Saturday nights. Statistics from similar communities is that they average 400 rides per day (400 trips removed from local traffic). They have noticed that their heavy ridership times may not coincide with heavy local commuter traffic. With respect to community engagement, it is important to Trinitas to build a community within a community. They have a residence life program with a focus on community, academics and socialization. They do monthly events to boost community involvement including blood drives, hosting of town meetings, and speakers from loc al organizations or local government that come in. There are resident incentives. Onsite teams receive reduced/free rent. There is a resident gamification program that is an opportunity for residents to build points through certain acts and attendance a t events. The points can be redeemed for prizes or rental discounts. The program provides a good interaction between residents and the Trinitas team. A resident asked whether the shuttle service would continue if the development was sold. The answer was yes. K Hansen said they will be using an outreach platform (Co-urbanize.com) for community engagement and the public is invited to use that. It provides an opportunity for communication outside of these types of meetings and allows for a more real ti me response. The anticipated time line is a presentation to the Planning Board next week. They expect to be before the Town Board again in September and before the Zoning Board of Appeals in October. They hope to start construction in spring of 2019 and project delivery in fall of 2020. Cl Lavine asked what obligation there is for a new owner to maintain the shuttle into the future. It is not necessarily binding on a new owner, but it would be in their best interest. She asked if the board could require that it be maintained into the future and Atty Sokoni said it could be a deed restriction. TB 7-19-18 Page 4 of 20 Cl Lavine said the calculation of parking spaces normally required are not based on one car per person, but more toward families. She wondered about how to figure out the number of spaces required by unit. Cl Green is concerned about consistency of the project with town’s comprehensive and Varna plans, energy consumption and the impact of this project on energy greenhouse gas emissions, traffic, stormwater control, and water and sewer. K Hansen said a number of those concerns will be addressed in the site plan review process. They will make stormwater runoff better in the area. If traffic is a concern, increasing parking spaces and encouraging more traffic would be in direct contrast to that. They do not use natural gas in their units and will be all electric. Cl Green would like to know more about the ways the energy will be generated for the electric service. She is interested in hearing more about what standards they are building to and wants to make sure that points aren’t given for things that are peripheral to the real goal of reducing greenhouse gas emissions. K Hansen said they are close to having their checklist complete and are now showing 46 points and will have final version in a week or so. Cl Green asked how they are responding to the County’s 239 review. K Hansen said that is being taken into consideration and incorporated. Ray Burger explained the official package has not been sent to the county for review yet. The company prefers electric for ease of use with perhaps gas for fire pits. They have also been exploring solar. Cl Servoss asked how many new jobs they expect to create with this project. They expect to have 6 shuttle drivers, 4 maintenance personnel and an additional 8 in the leasing office. She asked who will administer the points under their residence life program. It will be done through property management. Community engagement will be judged by sign in sheets. Random acts will be reported by the receiver. Cl Servoss asked how one officer on site would handle the night time parties. She has had experience in the city with college town and police are there on a daily basis, Wednesday to Sunday nights. One won’t be enough. Kids don’t care about anyone that lives around them and they go out at 3 a.m. She is concerned about all the students they are planning to rent to. Cl Lamb noted this is a smaller proposal now. He asked what made that possible and how much smaller it could go. K Hansen said from a financial feasibility perspective they are about at the limit. There is property (two parcels) on the other side of Route 366. Those homes could possibly be rehabbed and sold. K Hansen asked if it were more meaningful for the town to have single family homes along there. Habitat for humanity could be utilized there. There could be a deed restriction on the lots. It could be used for green space for the community. They would like feedback from the community with respect to that. The company does not intend to keep those properties. There could be a pocket park on one of the properties. There will be no sale of townhomes in the project. Cl Lamb asked how the properties were marketed and promoted. The response was they will rent to anyone who meets the qualifications. Promotions are done on and off campus through the web and getting out on the street. The focus is on college student population, but they will rent to anyone. TB 7-19-18 Page 5 of 20 Does the design of the unit make it more appealing to students than a family? Each bedroom has a bathroom, the residence life program and engagement. The units could be used by anyone who wants to live in that environment. Supv Leifer asked if the rental contract was for the unit or by the bedrooms. There are separate contracts per bedroom and are still working on setting prices. Utilities are included in rents as well as furniture. They expect it will be $400 to $1000 per bedroom depending on the size. The square footage is typically 700 to 1000 square feet. The configuration is not done yet. Cl Lavine said Cornell has now come close to saturating the market for student housing. She is concerned that if this becomes undesirable because it is more peripheral and if there is a glut on the market, that this could mean the end of the shuttle or maintaining the project in substandard ways. Trinitas has no concerns about the market. It is not an issue. Shuttles are free for residents and guests. They could explore making it available for neighbors. Cl Lamb explained community solar and how it works in New York. The developer explained that water, sewer, trash, internet and cable are inclu ded in the rental rates. Electric is typically done with a cap or the renter pays it outright. They would consider requiring use of community solar into their lease model. There was some discussion of putting solar on the project. Cl Lamb asked what would happen if the stormwater plan failed. R Burger explained they have to account for all their stormwater runoff. TG Miller checks all the calculations in the plan and makes sure that the system will produce property. There is a maintenance agreement, so they are responsible to bring it to full capacity if it fails. Engineers will report on performance to the town. The stormwater plan as currently configured was explained. Cl Green said TG Miller had submitted their request for studies and documentations and wondered if the developer had looked at that; the board will be looking to see how they respond. K Hansen said they will need to do everything asked of them and will be setting up a conference call for next week. Supv Leifer noted there is 800 square feet of commercial space and he doesn’t think it is enough. Perhaps that could be doubled. The stormwater plan will need to account for and avoid inflow into the sanitary sewer system. Stormwater cannot flow to the existing sewer system. The Varna Plan talks about a central parking area for larger developments. He asked if any of the lots could be rearranged in order to meet the green space requirement. Aside from the trail, what is the plan for connecting to the community and having it integrate into the existing community. These are dorms and that is something the community does not want to see. It is not conducive to families and we need housing for people who work at universities and such. There is a workforce housing need. K Hansen said there are developers who do that very well, but that is not traditionally their model. Supv Leifer said if Trinitas came with a project that exactly fit the Varna plan there wouldn’t be a lot to talk about. There is no s pace for car share or bike share programs. He reminded them that they may not get variance for green space from the ZBA. Cl Lavine asked about the computation for parking. R Burger said it is on e space per bedroom for four-bedroom units and the others require one space per unit. Cl Green was told bicycle racks will be added. TB 7-19-18 Page 6 of 20 Cl Lavine asked about space for community meetings. The clubhouse will hold 40-50 people. They would work with the surrounding community. Other outdoor spaces for gathering include the pool, sand volleyball court, walking trail, benches, fire pits, grilling stations and pockets throughout the community. They are unsure about the size of the playground that was added. Public comment Janet Morgan, 940 Dryden Road, speaking as Chair of the Varna Community Association Board of Directors, said at a meeting of the VCA board on July 9 the board discussed the version of the Trinitas proposal that they had at that point. She read that resolution: Whereas, the Varna Community Association is on record in support of the town’s Hamlet of Varna Community Development Plan, hereinafter referred to as “the Plan”, and Whereas, Goal 1 of the Plan is to protect and enhance the hamlet character, Goal 3 of the Plan is to protect and impr ove the quality of life in Varna, and the Plan cautions against dramatic shifts in the hamlet’s character and quality of life, and Whereas, the Trinitas proposal violates many of the specific recommendations included in the Plan, for example, the proposal does not encourage home ownership, does not contribute to maintaining a balance between single family and apartment or townhouse dwellings in the hamlet, offers no public amenities, would suddenly double the population of the core area of Varna, preserves little green space and would bring hundreds more vehicles into the hamlet, therefore, be it RESOLVED, that the Varna Community Association Board of Directors urges the Dryden Town Board to ensure that all development projects proposed for Varna adhere to the goals and guidelines stated in the plan, and be it further RESOLVED, that the Varna Community Association Board of Directors strongly recommends that the Dryden Town Board reject the current Trinitas proposal unless and until it is substantially revised to comply with the goals and guidelines of the Town’s Hamlet of Varna Community Development Plan. Marie McRae, 710 Irish Settlement Road, said she has two primary concerns about the development. This would be such a major change in the quality of life in the hamlet of Varna. Bringing that many students is beyond imaginable for the quality of life in Varna. Her other concern is the use of energy, they say they are all electric but are exploring heat pumps. The developers don’t have a clue what these buildings are going to be. They don’t know the rent, the heating, the square footage. They say they currently feel like they have gotten 46 LEED points and she is aware that they can get those 46 points without doing anything about energy. She wondered if they are doing energy simulation modeling for the buildings. (K Hanson said this is still a work in progress and they are trying to meet the 2009 standards and she is unsure how the points break down.) M McRae said in this day and age there is no argument to be made for not building the shell of the building to the most stringent standards of air sealing and insulation so that over time the energy use in the buildings (heat pumps or not) is kept as low as possible. She encouraged them to add energy simulation modeling. Buzz Lavine, 719 Ringwood Road, said he recognizes that Varna is close to Cornell and there has to be a lot of development pressure there and it is our job to respond to that and take advantage of it as well. On the other hand, this proposed development will double the population of Varna and change the makeup of that population drastically so that it will no TB 7-19-18 Page 7 of 20 longer be recognizable. The Trinitas model as proposed is wrong when compared to the Varna Community Plan. It is very much the opposite. He doesn’t see how this kind of proposal can meet the Varna Plan. Regardless of those kinds of conflicting issues, there is traffic, energy and fossil fuel concerns. He has a history as an architect, was on the Planning Board here for 20 years and is familiar with how these things go in terms of review, and with respect to the time frame presented tonight, he can’t image a project of this scope and magnitude of change ever occurring in that amount of time. It will require double to triple that amount of time and recommends the town consider changing scheduling planned for this. He agrees with most comments made thus far. Sally Woodmansee, 7 Turkey Hill Road, said she is very dubious. She has heard details about how traffic and sewage issues might be handled if we have to have this thing, but hasn’t heard why we have to have it. Please listen to the community. She and others don’t want it. Dave Weinstein, 51 Freese Road, said it is obvious that this project is not ready for prime time. They have presented information tonight that is not on our website and are not prepared to answer a lot of questions. There are 13 specific places at least in the Varna plan where there is a direct conflict with the goals, objectives, language of the plan, and this proposal. It is a violation of State Law 272(a) for the town to approve a special use permit that is not in accordance with the comprehensive plan (of which the Varna plan is a part). He has sent the board a summary of the Tompkins County Housing Needs Assessment of 2016 that documents there is already a surplus of the kinds of units they are proposing to build here. That surplus is clearly going to be exacerbated by Cornell’s plans for building that will completely wipe out any student need for housing identified in the 2016 housing needs assessment. Further, 83% of the people surveyed that commute in from out of the county to jobs in Tompkins County said they would only move into the county if they could buy a moderate income house. They would not do it for apartments or townhouses to rent. The applicant has increased the amount of green space by 1% (from 50% to 51%), still hugely below the amount specified. If you look at their full environment statement, that says it is going to be 60% impervious space. Either they are totally incompetent in getting their documents to jive together, and if so you shouldn’t get involved with them, or they are trying to put one over on us. He strongly suggests the board do what Ann Arbor did and s uspend consideration of this project until the developer comes back with a proposal that meets the Varna plan. It is crazy that we are spending a lot of time when the developer has made no motion to demonstrate that they are willing to come forward at all. That’s a total waste. Peter Davies, 755 Snyder Hill Road, said he hopes the Town Board takes into consideration the opinions of the residents of Varna, because the comprehensive plan does talk about the importance of maintaining the character of communities. As proposed this seems not to do that. Please do listen to the members of the community. Should this go ahead, it should be insisted that any parking lots have pervious blacktop as is now being installed in many other places. Laurie Snyder, 36 Freese Road, read the attached statement. Joe Wilson, 75 Hunt Hill Road, thanked the board and the folks from Trinitas for entering into a dialogue that the Supervisor called a kind of negotiation. It is supposed to be informal at this time and is. The commitments or semi-commitments or thoughts and considerations aren’t binding on anyone at this point. He looked through what he thought was the current proposal and found the possibility that there are negative environmental impacts on the land, transportation, and energy and an inconsistency with the various community plans that apply. Requiring an Environmental Impact Statement will give both the town and TB 7-19-18 Page 8 of 20 the public and the developer the chance to study key environmental issues in detail, not informally back and forth, and to work together (all three groups) to decide what alternatives and mitigation measures can improve the proposal for the benefit of the town and the wider community (the students who are going to live there, the people who live in Varna). Then after the Environmental Impact Statement is prepared, make sure that it is blessed in the sense that it is going to be a legally binding document. Don’t rely on the notion that it can all be done informally and we can avoid an Environmental Impact Statement. We saw what a disaster that became and how divisive it became when we did the Sun8 solar proposal. Let’s not go that route. Let’s do it in the normal process using the Environmental Impact Statement. Judy Pierpont, 111 Pleasant Hollow Road, seconded J Wilson’s suggestion that the town do an EIS. The impacts should be studied. This development is huge, effectively doubling the population of Varna. It will double everything: traffic, energy use, runoff from impermeable surfaces, noise, etc. There will be tipping points beyond which the physical environment and viability of the hamlet community can’t be sustained without destruction to the viability of community life there. It is too big. Even 560 occ upants doing daily activities on that now undeveloped hillside behind that little village is incomprehensible. It needs to be understood in every aspect before it is allowed to launch. Already getting out onto Route 366 from Mt Pleasant is dicey and requires drivers to be very alert, especially if there is truck also trying to get on to 366 from Freese Road. Cars don’t go 30 mph on 366 as they are supposed to. If there are also cars exiting from Trinitas on to Mt Pleasant that will proceed to 366 down t hat hill, there will be lines of impatient drivers trying to get out. That’s the way to school, to work and to meetings. It’s going to be slow, frustrating and dangerous. It might be bearable if the size of the development was cut in half. She is concerned about the increase in energy use unless all of it is resourced from renewables. In Tompkins County we have committed to reducing greenhouse gas emissions by 80% in 2030. The Town has taken a pledge to be an energy smart community which means that we take seriously reducing greenhouse gasses. If this developer wants to come to our town and make money renting to Cornell students, they have to be ready to meet community standards. Martha Robertson, 1655 Ellis Hollow Road, said she is Chair of the Tompkins County Legislature and has been working on housing issues for 16 years. We have a housing crisis, but this size unit (3-4 bedrooms) is the size we have too many off. The Tompkins County Needs Assessment in 2016 led to a housing strategy passed in 2017. Annual targets for rental housing are 200 new rental units per year affordable for those earning up to 100% of the area median income. But we need 380 new ownership units a year. To have a balanced housing market, we need almost twice as many ownership units than rentals per year. She does not agree that the student housing need is saturated now. We still need development in the right places and Cornell is taking up a lot of that for the first time in many years. They are not going to be increasing students without increasing beds on campus. They have pledged that to the community. She told the developer to go back and do the math again. She attended the open house at the Varna Community Association and told the CEO there this. In May the county’s housing committee had a report from the chief of assessment who said they are already starting to see a softening of the rental market. There are a couple thousand rental units already in the pipeline and Cornell has a couple thousand more. She told the developer that they will be surprised and by the time this is open, they w ill not be the market they expected. This is a community that will welcome a modest number of ownership units. They worked for years on the Varna plan so that they would not be forced to say no to everything. They set a vision and said this is what we would like. Bring in the developers who will do what we would like. Even before this needed level of ownership was identified, they said this is what we want: places for families to buy a house or an attached townhome. You can have attached ownership units. She gave the Trinitas CEO the phone number of the County’s housing planner and for Ithaca Neighborhood Housing Services. They have lots of ideas and models of how to mix the units with some rentals and some ownership and incorporate mixed income. This community is willing to accept some housing and people understand and recognize that this is a location TB 7-19-18 Page 9 of 20 that could serve the community at large well to have more housing. But it needs to be the right scale and should be at least half ownership. It seems the developer doesn’t know all sorts of things, but is so sure that the financing model is right on the edge that they can’t possibly cut the number of units any more. She welcomes a housing project in this area. We need the housing and will support a good project. This is not the project for Varna. Supv Leifer said this will be kept open until next month. He asked people to look at pages 27, 28 and 29 of the Varna Plan. There are renderings of townhome developments. Next month is a continuation of the sketch plan review. The Planning Board will see this next week and give comment. He asked that any changes to the preliminary plans be given to R Burger as soon as possible so everyone has access to them. He asked the developer to start modeling because that is important to everyone. R Burger said that with recommendations from the Planning Board in August the Town Board should be able to look at the sketch and document what needs to happen between that sketch and the full site plan. TG Miller is evaluating the environmental impacts for the town now and may recommend any path which could be a positive declaration and requiring an Environmental Impact Statement. K Hansen said it is unlikely they would have all responses to TG Miller’s letter at the August meeting, but will have other items and things to respond to in August. TOWN CLERK RESOLUTION #106 (2018) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of June 14 and June 21, 2018. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Town Clerk Avery announced she has hired a new Deputy Town Clerk, Chrystle Terwilliger, and things are going well. CITIZENS PRIVILEGE Katie Quinn-Jacobs and Dana Magnasun – The Cayuga Power Plant is located in Lansing. Last Thursday there was a large meeting in Ithaca where Tony Ingraffia and others presented. There may be things that will directly affect Dryden as this plan for transportation of compressed natural gas canisters may travel through Dryden. According to the company it could be 25 to 60 trucks per day. T Ingraffia expects that to be closer to 100. Some of the routes for these trucks may pass through Dryden. It is also possible that the Borger Station may come into play as a source of compressed gas. This is something we should pay attention to as the application develops with the DEC. There is a hearing in Avon, New York, on this. There are free busses provided by the Sierra Club leaving Stewart Park at 8:30 a.m. on Tuesday, July 24, to take people to the DEC TB 7-19-18 Page 10 of 20 hearing where they will be looking at carbon dioxide emissions and limiting them. It could make it pretty much impossible to have coal plants, but that really doesn’t go far enough. These coal plants may be able to convert to use of natural gas. HIGHWAY SUPERINTENDENT/DWP RESOLUTION #107 (2018) - AUTHORIZING THE EXPENDITURE OF $100,000 FROM THE TOWN OF DRYDEN HIGHWAY EQUIPMENT CAPITAL RESERVE FUND Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the town board of the Town of Dryden, Tompkins County, New York, established the “Town of Dryden Highway Equipment Capital Reserve Fund” by resolution adopted September 9, 2009, and WHEREAS, the purpose of such capital reserve fund was to set aside funds to pay for some or all of the costs of acquisition of highway equipment or machinery, and WHEREAS, expenditures from such capital reserve fund may be made only with the approval of the town board pursuant to General Municipal Law 6-c, and WHEREAS, it has been determined that the town highway department needs to acquire a 10-Wheel Dump Truck, now THEREFORE, BE IT RESOLVED as follows: 1. The expenditure of $100,000 from the Town of Dryden Highway Equipment Capital Reserve Fund to be used toward the purchase price of a new 10-Wheel Dump Truck is hereby authorized. 2. This resolution is subject to a permissive referendum as provided in Article Seven of the Town Law. 3. The Town Clerk is hereby authorized and directed, within ten (10) days of the adopt ion of this resolution, to publish in the official newspaper and post on the town signboard a notice setting forth the date of adoption of this resolution and an abstract of such resolution all as required by Town Law § 90. AND BE IT FURTHER RESOVLED, that that balance of the purchase price shall come from the 2018 highway budget. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer said the town should think about radar speed signs and purchase some. They are about $4,000 each and could be considered at budget time. RECREATION DEPARTMENT Monthly report has been submitted (attached). TB 7-19-18 Page 11 of 20 PLANNING DEPARTMENT Monthly update has been submitted (attached). R Burger reported that the Village is looking at a planned development area north of the village. PDR for Jerry Dell Farm - Tompkins County is sponsoring an application for a purchase of development rights for 99 acres owned by the Jerry Dell Farm. The Town of Dryden was involved in the 2013 application and made a financial contribution. This round the Town is only being asked to lend its support for the project and the application. There will be no cost to the town. He added that the recently adopted Agriculture and Farmland Protection Plan has a specific priority action item of seeking farms to apply for these programs and support their application process. That is exactly what this is. RESOLUTION #108 (2018) - SUPPORT OF APPLICATION FOR FARMLAND PROTECTION IMPLEMENTATION PROJECT FUNDING TO HOLD A CONSERVATION EASEMENT ON JERRY DELL FARM IN THE TOWN OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, it is in the interest of the Town of Dryden (“Town”) and its residents to support farm operations and protect valuable agricultural resources for their contribution to the local economy, as a local source of food and other products, and as an important contributor to the quality of life in rural communities, and WHEREAS, the Town utilized funds from the New York State Department of Agriculture and Markets Farmland Protection Implementation Program, Purchase of Development Rights (PDR) Program, in 2013 to permanently protect over 373 acres of important agricultural resources on the Jerry Dell Farm in Dryden, NY, and WHEREAS, the Tompkins County Agriculture and Farmland Protection Board supports an additional 99 acres of Jerry Dell Farms on Route 13, in the Town of Dryden, as a high priority farm for protection through the use of 2018 PDR funding, and WHEREAS, the Jerry Dell Farm is located in an area designated as an Agricultural Resources Focus Area, so designated as one area with the best agricultural soils and a high concentration of contiguous, actively farmed parcels of land, in the 2015 Tompkins County Comprehensive Plan which is a priority area for protection, and WHEREAS, the Town of Dryden’s Comprehensive Plan identified the goal of preserving the Town’s most viable agricultural land, and WHEREAS, the Town of Dryden Agriculture and Farmland Protection Plan prioritizes supporting farmers in applying for the PDR Program, and WHEREAS, the owner of Jerry Dell Farms has expressed interest in applying for PDR funding to assist in protecting his farmland, NOW THEREFORE BE IT RESOLVED, the Town of Dryden supports the submission of a Farmland Protection Implementation Project grant application to the New York State Department of Agriculture and Markets on behalf of Jerry Dell Farm. 2nd Cl Lamb TB 7-19-18 Page 12 of 20 Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Finger Lakes Land Trust – There will be a budget mod and a voucher next month to move funds from unreserved fund balance and then approve voucher. The expenditure for expenses in connection with the conservation easement on the Brotherton/Prince farm has been approved; we just need to do the mechanics. Charge to Planning Board, Conservation Board & Ag Advisory Committee - The Town Board would like these boards to look at the existing renewable energy law as it pertains to wind energy. Supv Leifer said it may be time to look at revising it to allow for small scale commercial. The board would like a response by October or November. Supv Leifer will communicate with the board chairs. Cl Lamb said currently the renewable energy law says that no special use permit shall be required for mechanical wind turbines less than 50 feet tall. That may need to be increased to allow for small commercial turbines. COUNTY BRIEFING Mike Lane said the County now has two Deputy County Administrators. Those positions were filled with Lisa Holmes, former Director of the Office for the Aging, and Amy Hendrix, former Director of the Youth Services Department. Those two vacancies will now have to be filled. At TC3 the new child care center is under construction. They had a major water main break and had to shut down the campus while it was repaired. On September 7 TC3 will have a celebration of its 50th anniversary in conjunction with the inauguration of their new president. They have a new Provost and Deputy Provost. They c ontinue to worry about enrollment due to declines the past two years. The request for housing is up from last year however. Martha Robertson said the County still needs some rentals, but that niche is on its way to being take care of. Ownership is a big problem. The housing committee is going to investigate the barriers in New York State to developing ownership options such as condominiums. She noted that the County Planning Department has done model ordinances for different levels of wind and solar power. There is a template if the town is interested. With respect to gas emissions, the County passed a resolution asking DEC to tighten up its regulations even further so methane is accounted for appropriately, on a 20 year-time scale not 100-year time scale. Methane is much more damaging to the planet than carbon dioxide. The airport expansion is moving along quickly. Charlotte, North Carolina will be a new hub from Ithaca with American Airlines. They will start in December with a Saturday fligh t. If that gets used a lot they will add others. Service to Dulles will start in October. Yesterday the group working on a non-pipe alternative for the Lansing area went to Albany to meet with NYSEG and staff of the PSC. They had been planning to do small TB 7-19-18 Page 13 of 20 compressors in Cayuga Heights and the Village of Lansing to boost the pressure to the northern part of the town of Lansing. They have decided they don’t need that for reliability and instead will focus on non-pipe alternatives. Responses to the first round were underwhelming and they will most likely issue a second RFP. The group was assured they would work together to develop a better RFP. She said it feels slow, but it is moving in a good direction. Cl Lavine asked whether the County is encouraging developers to come up with plans for the kinds of things we need. M Robertson replied that the County feels its role is to look at very low income or special needs situations. Housing committee can get public information out about making it easier to do condo development and that sort of thing. Some of that goes on, but as far as reaching out and trying to find developers, no one else does low income or special needs housing. They have done some work in other areas, and the housing planners will refine what they have in the fall and take it to the municipalities for comment. M Robertson suggested that the town could put together a prospectus saying Dryden is ready for more housing and describe the opportunities and the County may be able to help with that. ADVISORY BOARD UPDATES Planning Board – no report. Conservation Board – discussed deer management, ditches and best practices for maintaining those, drainage impact on the watershed, nutrients going into the lake and harmful algae blooms. Recreation & Youth Commission – did not meet in July and had no quorum in May. Ag Advisory Committee – no report. Rail Trail Task Force – Cl Lamb has prepared a resolution to support a TAP grant application. No money for the match will come from the general fund. There is other grant money that is acceptable as a local match. Resolution #109 (2018) - To Support the Construction of the Dryden Rail Trail and Sponsor an Application for Grant Funds Cl Lamb offered the following resolution and asked for its adoption: WHEREAS, the Dryden Town Board recognizes the importance of developing transportation alternatives to automobile use for Dryden residents and visitors, WHEREAS, the Dryden Comprehensive Plan calls for the creation of the Dryden Rail Trail and an important transportation and recreation initiative, WHEREAS, the Dryden Town Board established the Dryden Rail Trail Task Force to take the steps necessary to develop the trail, including determining grant opportunities and funding sources, WHEREAS, the New York State Department of Transportation has made funds available through the Transportation Alternatives Program (TAP) for projects that expand non -motorized methods of transportation, TB 7-19-18 Page 14 of 20 WHEREAS, the TAP funds require a local match of 20% of the total project costs, WHEREAS, the Town anticipates committing previously awarded grant funding to meet the local match, should the Town be successful in receiving TAP funds in the current 2018 cycle, Now, Therefore, Be it Resolved that the Dryden Town Board supports and endorses the work of the Rail Trail Task Forces and the further development of the Dryden Rail Trail; and Be it Further Resolved that the Dryden Town Board approves the allocation of $200,000 to meet the standard 20% match for the NYS DOT TAP program. The source of the funds will be determined and then allocated by further resolution of the Town Board in the event that the application is approved. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Cl Green announced the Rail Trail Task Force won a national competition through AARP. They were one of 129 project proposals around the country that was selected. It is an $8,000 cash grant. It could be used toward local match for other grants. It will pay for 3 kiosks and 7 benches in the portion of the trail that extends from the Village of Dryden to the Village of Freeville. Emergency Services Committee – No report. Safety & Emergency Preparedness Committee – The committee will meet on the 4th Monday of each month at 7:00 p.m. at the Ellis Hollow Community Center. They met with Cathy Wakeman who will mention the committee in her Dryden Town Talk column. K Quinn-Jacobs said the Borger Station is a title 5 facility. Tony Bretscher researched it on the EPA site and discovered that Borger’s title 5 application is up for renewal in January. They called the DEC and inquired about public comment because this would be a possible opportunity to ask for equipment upgrades. Borger’s application was submitted in May. After review a draft permit is issued and then there are 30 days for public comment. Engineering review has just been completed and the draft permit could come out any day. The committee will start working on comments now, so the board can have input. NEW BUSINESS Support for Tompkins County Soil & Water – Supv Leifer explained there is grant funding available for municipal separate storm sewer system mapping. The asked the board to authorize a letter from him in support of the application. RESOLUTION #110 (2018) – Authorizing A Letter In Support Of A Grant Application For Continued Stormwater Conveyance System Mapping and Sewershed Delineation Cl Green offered the following resolution and asked for its adoption: WHEREAS, TB 7-19-18 Page 15 of 20 A. New York State Department of Environmental Conservation Water Quality Improvement Project Program has funding available for Municipal Separate Storm Sewer Systems (MS4) comprehensive system mapping; and B. On behalf of the Stormwater Coalition of Tompkins County, of which the Town of Dryden is a member, the Tompkins County Soil and Water Conservation District is submitting an application titled “Stormwater Conveyance System Mapping and Sewershed Delineation”; and C. The benefit to the Town of Dryden will be the complete stormwater convey ance system map, including sewershed delineation and access to the information through an online mapping application; and D. The cost to the Town of Dryden will be staff time to work with the Stormwater Coalition program coordinator regarding the data collection ad project implementation; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town of Dryden Town Board authorizes the Town Supervisor to sign a letter of support of the application and that the Town of Dryden will participate if funding is awarde d. 2nd Supv Leifer Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Gas Emissions Resolution (Comment to DEC) RESOLUTION #111 (2018) - REGARDING THE CONTENT OF AIR EMISSIONS REGULATIONS TO BE DEVELOPED BY THE NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION AFFECTING NATURAL GAS INFRASTRUCTURE FACILITIES Cl Green offered the following resolution and asked for its adoption: Whereas, the Dryden Town Board has a principal responsibility to protect the health and safety of its residents, businesses and institutions; and Whereas, the people and environment of New York have been increasingly subjected to a build- out of natural gas infrastructure, including but not limited to pipelines and distribution networks, compressor stations, power plants, combustion heating systems, metering and regulation stations, and pigging stations; and TB 7-19-18 Page 16 of 20 Whereas, peer-reviewed scientific studies1,2 link exposure between air pollutants emitted from natural gas infrastructure facilities and neurological, cardiovascular and respiratory disease, cancer, birth defects, and other adverse health impacts. Acute health impacts from these toxic exposures can cause burning eyes, headaches, breathing difficulty and nausea for nearby populations and can exacerbate health problems. Chronic health impacts can include certain types of cancer as well as damage to lungs, liver, kidneys, reproductive, nervous and cardiovascular systems; and Whereas, the American Medical Association and the Medical Society of the State of New York acknowledge the hazards of natural gas infrastructure and associated adverse health impacts and passed resolutions in 2015 calling for Health Impact Assessments (HIAs); and Whereas, the National Ambient Air Quality Standards (NAAQS) are based on average population risks across a large area over a long period of time but do not adequately address human toxicity for residents living in close proximity to natural gas infrastructure or where they are subject to episodic high exposures during events such as blowdowns; and Whereas, current protocols used for assessing compliance with ambient air quality standards do not adequately determine intensity, frequency or durations of actual human exposures to pollutants and mixtures of pollutants emitted from natural gas infrastructure, noting that periodic 24-hour average measures can underestimate actual exposures by an order of magnitude; and Whereas, gas infrastructure facilities can emit into the air annually hundreds of tons of pollutants including toxic chemicals and criteria pollutants, some of which are known carcinogens like benzene and formaldehyde, and can also be sources of radioactive contamination3; and Whereas, people who live or work in close proximity to natural gas infrastructure facilities such as compressor stations are most at risk—particularly developing fetuses, children, the elderly, and those with cardiovascular, lung or respiratory problems and other vulnerable subpopulations, although under certain weather and terrain conditions, these pollutants can have a wider impact; and Whereas, developing fetuses and children are uniquely vulnerable to exposures as they receive proportionally greater doses of pollutants than adults and have immature organs and detoxification systems4; and Whereas, methane is an extremely potent greenhouse gas with a global warming potential that is 34 times that of carbon dioxide over a 100-year timeframe and 86 times that of carbon dioxide over a 20-year timeframe; and 1 PSR/CHPNY Compendium 5th Edition (March 2018): http://concernedhealthny.org/wp- content/uploads/2018/03/Fracking_Science_Compendium_5FINAL.pdf 2 PSE for Healthy Energy Repository for Oil and Gas Energy Research: https://www.psehealthyenergy.org/our-work/shale-gas-research-library/ 3 Environmental Health Project Report, October 2017: Health Effects Associated with Stack Chemical Emissions from NYS Compressor Stations: 2008- 2014: http://www.environmentalhealthproject-ny.org/ 4 Reducing the staggering costs of environmental disease in children, estimated at $76.6 billion in 2008, Trasande, L, et al, Health Affairs, May 2011: https://www.ncbi.nlm.nih.gov/pubmed/21543421 TB 7-19-18 Page 17 of 20 Whereas, methane is the primary ingredient of natural gas and leaks at every system stage, including extraction, processing, transmission, distribution, and end-use consumption; and Whereas, the NYS Department of Environmental Conservation (DEC) regulations do not currently require Best Available Control Technology (BACT) or Lowest Achievable Emissions Rate (LAER) technology for facilities that are not designated under federal Title V requirements or are not located within non-attainment areas, although such requirements could substantially reduce hazardous air emissions; and Whereas, the DEC does not require the use of emission control technologies for all gas infrastructure facilities that would provide a floor of protection and could significantly reduce emissions, even when such technology has become standard practice within the industry or is readily available; and Whereas, the DEC does not require continuous air monitoring of pollutants or methane in real time for gas infrastructure facilities, even though the technology to do so is now readily available, nor does the DEC require that such data be made available to public; and Whereas, the DEC determines compliance with regulatory requirements and permit conditions through self-reporting by the industry without independent verification; and Whereas, the DEC does not require rigorous inspection of gas infrastructure facilities to detect and eliminate natural gas leakage at gas infrastructure facilities; and Whereas, the DEC lacks requirements for advanced notification of all planned blowdowns or other chemical releases, and for notification immediately following all unplanned blowdowns or other chemical releases in order for residents, public officials and first responders to take prompt emergency action; and Whereas, the DEC exempts many emission sources that exist at gas infrastructure sites from regulation requirements and lacks adequate regulatory requirements for non-combustion emission sources; and Whereas, the DEC does not require a sufficiently protective set of best management practices for gas infrastructure facilities to ensure protection of public health, safety, and the environment; and Whereas, the DEC does not require the timely replacement or retrofit of technology and the update of site practices for existing gas infrastructure facilities to ensure appropriate consistency with requirements for new projects and adherence to current best management practices; and Whereas, the U.S. Environmental Protection Agency hosts a voluntary Natural Gas Star program for partner companies to implement technologies and practices for the reduction of methane emissions and document results; and Whereas, the DEC’s State Environmental Quality Review (SEQR) process for gas infrastructure projects does not adequately address greenhouse gases and climate impacts; and Whereas, the DEC has announced that it intends to rewrite or revise oil and gas regulations, which can be more stringent than federal requirements; Therefore, be it resolved that the Dryden Town Board, in the interest of protecting its residents, businesses and institutions, strongly urges the NYS Department of Environmental Conservation (DEC) to adopt the following regulatory requirements: TB 7-19-18 Page 18 of 20 1. Installation and use of Lowest Achievable Emissions Rate (LAER) technology at all new and existing gas infrastructure facilities that emit pollutants into the environment, including those not designated under federal Title V requirements or not located within non-attainment areas; 2. Inclusion of non-combustion emission sources and emission sources currently considered "exempt" within the DEC regulatory framework; and 3. Installation and use of specific emission control technology, identified through the federal National Gas Star Program and elsewhere, including but not limited to: • Dry seals on all centrifugal compressors • Automatic air to fuel ratio (AFR) controls • Oxidation catalysts and selective catalytic reduction (SCR) on exhaust stacks • Vapor recovery technology for reciprocating compressors, storage tanks, and other sources of fugitive or vented emissions • Static seals on reciprocating compressor rods • Dry low-NOx burners (DLNB) • Low emission combustion (LEC) • SCONOx or equivalent technology • Zero-emission dehydrators and similar closed-system technology to avoid venting of gas • Electric or compressed air starters • Electric or compressed air actuators instead of gas-operated pneumatic actuators • Post-combustion particulate matter controls such as electrostatic precipitators, baghouses, and scrubbers • Interior and exterior corrosion protection, such as plastic enamel sprays • Electric motor compressors where applicable; and 4. Implementation of practices, identified through the National Gas Star program and elsewhere, to reduce natural gas leakage and blowdowns, including but not limited to maintaining compressors at pipeline pressure, redirecting blowdown gas to lower- pressure lines, cap testing, use of inert gases at pigging stations, and more aggressive maintenance of packing rings and compressor rods than required by existing regulations; and 5. Installation and use of air monitoring equipment at the stack, fence line, and within nearby communities to provide continuous monitoring of pollutants including toxic chemicals, criteria pollutants, ultra-fine particulate matter, individual VOCs, as well as methane in real time for all gas infrastructure facilities, with such data made readily available to the public, such as by online access; and 6. Onsite verification of compliance with regulatory requirements and permit conditions by independent registered inspectors through scheduled and random visits; and 7. Rigorous quarterly inspection by independent registered personnel with regular reports submitted to the DEC and made available to the public to detect and ensure timely elimination of natural gas leaks at gas infrastructure facilities using the comprehensive detection methods such as aerial and ground-level laser methane assessment, organic vapor analyzers (OVAs), toxic vapor analyzers (TVAs), sorbent tubes, SUMMA canisters, infrared cameras, as well as real-time monitoring with Fourier Transform Infrared (FTIR) spectroscopy and other remote sensing along pipelines; and TB 7-19-18 Page 19 of 20 8. 48-hour or greater advanced notification to any Village Trustees/Town Board/City Council/County Legislature requesting it of all planned blowdowns, regardless of size, and other chemical releases; notification within 30 minutes of all unplanned blowdowns, regardless of size, and other chemical releases at all gas infrastructure facilities; and suspension of planned blowdowns or other chemical releases when weather conditions would increase exposure to air pollutants; and 9. Timely replacement or retrofit of technology and update of site practices for existing gas infrastructure facilities to ensure compliance with current regulatory requirements and best management practices; and 10. Chain of custody records and tracking for all industrial waste removed from gas infrastructure facilities, and 11. Strict enforcement of all best management practices and protocols for gas infrastructure facilities to ensure protection of public health, safety, and the environment; and Be it further resolved, that the DEC, in cooperation with the NYS Department of Health (DOH), should promulgate more stringent performance requirements, including but not limited to the regulated levels of criteria pollutants, to address deficiencies in NAAQS which fail to consider human toxicity in populations proximate to gas infrastructure facilities, and any other deficiencies affecting public health, safety, or environmental protection; and Be it further resolved, that the DOH in cooperation with the DEC should require and oversee a comprehensive, independent Health Impact Assessment (HIA) as outlined by the Centers for Disease Control and the National Academy of Sciences, incorporating the latest peer reviewed science, to be conducted by an independent public health entity and include cumulative short and long-term, direct and indirect impacts from all natural gas infrastructure components, emissions from operations including blowdowns, leaks, and spills, and a thorough analysis of the chemical emissions and radioactive contaminants, as well as their concentrations, persistence, and dispersion; and that a health registry should be established and maintained with all data available to the public; and Be it further resolved, that the DEC should develop State Environmental Quality Review (SEQR) guidance to ensure that state agencies adequately address all cumulative impacts including but not limited to greenhouse gases and climate change during environmental reviews for gas infrastructure projects; and Be it further resolved, that the Town of Dryden Clerk shall forward this Resolution to the Governor of New York State, Commissioner of the NYS Department of Environmental Conservation, Commissioner of the NYS Department of Health, and the local State Assembly Member and State Senator. 2nd Supv Leifer Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes BridgeNY Projects – Doug Mills & Erin Cole of DOT have said next step is for the town to decide the main alternatives for SHPO to investigate. Cl Servoss suggested the board schedule a working group meeting to narrow down the alternatives to no more than 3 to move TB 7-19-18 Page 20 of 20 forward with. This would be a public meeting, but not necessarily with public comment. The Freese Road bridge project can’t move forward without this decision. After discussion, the meeting was scheduled for August 2, 2018, at 6:00 p.m. There will be a public information meeting July 24, 2018, at the Dryden Community Café at 6:00 p.m. for the George Road bridge project. The town’s consultant and DOT representatives will be present. On motion made, seconded and unanimously carried, the board moved to e xecutive session at 10:02 p.m. to discuss the employment history of a particular employee. No action was taken and the meeting was adjourned at 10:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk