The Dryden Town Board passed two things last night: a sound performance standards amendment to zoning, and a resolution about drafting an amendment that "addresses land uses that would impose or threaten to impose significant adverse impacts upon the Dryden community, including without limitation heavy truck traffic, noise, air, and water pollution, and the generation of a significant amount of wastes".
The sound performance standards (available here (72KB PDF)) have been moving through for a while, though Town Supervisor Mary Ann Sumner made clear that this isn't the end of the process for these. There is more work to be done, particularly on subsonic noise.
Passing the standards was a bit confused. There was a public hearing at the beginning of the meeting with no comment, and the board passed them at the end. Then the board had to rescind that passage. They'd thought that no State Environmental Quality Review (SEQR) was needed, but it was. They then worked through the SEQR and passed the amendment 5-0.
The resolution on moving forward is more a roadmap to arriving at legislation than legislation itself. Most notable for me is its explicit call to work with attorneys for neighboring towns:
April 20, 2011
Motion by Cl Leifer, Councilperson to adopt the following resolution.
WHEREAS, a great number of the citizens of the Town of Dryden has expressed concern that the use of land within the Town for heavily industrialized methane gas drilling may bring negative impacts to the community, including without limitation traffic congestion, air, water and noise pollution, and severe damage to roads; and
WHEREAS, heavily industrialized methane gas drilling is a new type of land use in New York, and the Town's current land use regulations were not specifically designed to address the heavy industrial land uses and related facilities that are associated with such heavily industrialized gas drilling; and
WHEREAS, other municipalities in our region, including the Towns of Ithaca and Ulysses, are in the process of considering and evaluating the adoption of land use laws that would prohibit the imposition of burdens, costs and negative impacts on citizens and property owners that would likely otherwise result from such heavy industrial land uses; and
WHEREAS, the Town Board of the Town of Dryden is empowered under the New York State Constitution, the Municipal Home Law Rule, the Statute of Local Governments and the Town Law to adopt local laws for the protection, safety, health and well-being of persons and property within the Town, and to enact zoning regulations.
NOW THEREFORE, BE IT:
RESOLVED, that the Town Board of the Town of Dryden finds it appropriate and necessary to consider adopting land use laws that address the valid planning, zoning, safety, aesthetic and other community impacts that could otherwise result from such heavy industrial land uses; and
RESOLVED, that the Town Board of the Town of Dryden finds it appropriate and necessary to consider adopting land use laws that would prohibit the imposition of burdens, costs and negative impacts on citizens and property owners that would likely otherwise result from such heavy industrial land uses; and
RESOLVED, that the Town Board of the Town of Dryden hereby authorizes Councilperson Leifer to draft a local law, for consideration by the Town Board, that addresses land uses that would impose or threaten to impose significant adverse impacts upon the Dryden community, including without limitation heavy truck traffic, noise, air, and water pollution, and the generation of a significant amount of wastes; and
RESOLVED, the Town Board of the Town of Dryden authorizes Councilperson Leifer to consult with the municipal attorneys for the Town of Ithaca and the Town of Ulysses, and other attorneys of his choosing, as he undertakes to draft this local law (provided, however, that no such legal consultants shall bill the Town for their services in such regard); and
RESOLVED, that the Town Board of the Town of Dryden directs the Attorney for the Town, Mr. Mahlon Perkins, to complete his review of the proposed zoning amendment banning heavy industrial methane gas drilling presented to Ulysses and previously forwarded to his attention by the Town Supervisor, and subsequently to review the draft of the local law prepared by Councilperson Leifer upon its completion, and to report to the Town Board on the legal sufficiency of the draft law prepared by Councilperson Leifer.
You can see a some video of the passage of this resolution.
Posted by simon at April 21, 2011 6:39 AM in energy , planning and zoning