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Home My WebLink About2011-06-16PH 06 16-2011 Page 1 (if 3 41 TOWN OF DRVOEN Planning Board June 1, 2011 PR Members Present: Joseph LalIey, Chair; David Weinstein; Joseph Laquatra, Jr., Tom Hatfield, Town Board Members Present: Mary Ann Sumner, Town Supervisor; Jason Leifer, Conservation Board Members Present: lard Prentiss; Nancy murxkenbeck, Chair- Staff Pally Millard, Recording Secretary, Others Present# Helen loitje, presenter; seven members of the public_ Meeting called to order at 7:00 p.m. Introductions: Chair Lai ley introduced the members of the various boards present_ He then gave a brief summery of the .LULA trainings lie attended recently and introduced Helen Slottje, Helen Slottjc — preseatation — Community EnvironmentaI Defense Cnuncii, I nc. A copy of the presentation is available in tl -Le Town Clerk's office. Update on the Town of Dryden efforts — Mary Ann Sumner, Town Su pempisor What we have tri ed to do is explore regulations we can pass that protect ]and uses and our en v 1 roiiment. We introduced an amendment to the existing Zon1rig regulations last night prohibiting gas driI ling in the town_ Dan asnowsk.i is drafting the SLQRA long forni_ This is being treated as a "1'rpe L The documents will be available on the web_ The public hearing is scheduled for ,Tiny ter It will also be scot to Tompkins County #or a 239 review. We are hoping a final draft of the updated zoning law wiI I be available by the end of the month. The Town Bmd will be asking the Planning Board to review the Amendment to the existing zoning ordinance prior to the pub] is hearing next nionth. It i s available on the website now and it can be emailed to the Planning Board. From the public; There is concern that it would not be econom1QaI to ban drilling altogether. Helen Slott 9e; { e) have come up with a template that is very long, very well thought out, very detailed, that gives a town the ability to ban drilling altogether. I9his has been sent out and reviewed by many attorneys_ They have reoc lved policy arguments but rio legal arguments_ They'vtc defined gas drilling as a nuisance. If yo u never had the right to something, you can't have that right taken away. Property owners do not have the right to be a nuisance. If you can`t create a nuisance and gas drilling is defined as a nuisance, you couldn't engage in that nuisance activity before and now it's more explIcit that this activity is a nuisance and therefore it is not allowed, Pa 06w Oi 201 t Page 2 of 3 Question and Answer session Question: How do you guard against heavy industrial mining truck traffic without hindering milk truck traffic? They are two completely different definitions of truck traffic: Milk trucks are agricultural and mining trucks are industrial. Question: Why are we not putting a moratorium in place instead of passing an amendment to the zoning ordinance without a sunset clause? it seems there is a rush to pass this amendment. Where is the scientific data to back up the Town's position? The current ordinance is being amended to include th working on incorporating these changes into the new the Town of Middlefield had a study done projecting ahead as the industry wanted it to. Question: is there a timeline for the Town of Dryden Not at this time. e. new reguL Zoning law what would to partake a itions and Mahlon Perkins is as well. As for scientific data, happen if hydrofracking went similar study? Question: Has any town raised the issue that they don't know all the chemicals in the water that you're putting in to our wastewater treatment plant? Since that is in essence regulating their operations, you can't make them tell you what is in what they put down the well. Question: How does the ordinance amendment affect the existing facility in Ellis Hollow? They would be grandfathered. Question: What are the risks you foresee when the new zoning law coming in to play and negates the old zoning law. We'll make it as seamless as possible and have the regulations in both. TCCOG has begun a mapping project and is working on the economic impacts for the County as a next stage. Question: What do you see are the pros and cons of simply banning gas drilling vs. banning specific activities in relation to gas drilling as a nuisance? Too short and too simple can leave you too vague. By going in to detail as this ordinance does and listing the local items being focused on makes it more specific and more easily enforceable. Public Comment: Having a Middlefield type plan in hand prior to introducing the new zoning ® ordinance may be a very large help. We would encourage the Towm to have this type of study done for Dryden specifically and not rely on a county version. P 06-16 -2011 Page 3 of 3 The Conservation Board is working on a Green Plan in connection with the Open Space Plan which can also be a valuable tool in this effort. Text Meeting: Chair Lalley asked the Planning Board to consider having their July meeting on July 7`h — this could be instead of or in addition to the regular July meeting. This will be finalized by email. The meeting was adjourned at 8:55 p.m. Respectfully Submitted, Patty Millard Recording Secretary