HomeMy WebLinkAbout1969-06-09 3' v a
June 9 , 1969
PUBLIC HEARING - PROPOSED ZONING ORDINANCE
Supervisor Lee opened the Hearing at 7 : 30 P . M . by apologizing to those
present for the delay of one - half hour due to a mistake in printing in the
News Media . , and thanked those present for coming out this evening .
He gave sincere thanks to Mr . Deming and Mr . Hollenbeck for the School
facility and asked those present to please observe the rules . No smoking
sand please do not deposit gum on the chairs .
' Supervisor Lee asked those present to stand and recite the Pledge
Allegiance to the Flag with himself and the Town Board .
Supervisor Lee then introduced all members of the Town present , Attorney
Amdur , Clerk Luss , Deputy Clerk Wallenbeck , Councilmen Todd , Ogden , Gridley
and Cotterill , Assessor Wells and himself Gary Lee .
Supervisor Lee at this time gave the opening speech and gave the background
o f the Zoning Commission and the final proposed zoning ordinance . The
purpose of this evening as you know is to conduct the first Public Hearing
u nder the jurisdiction of the `Ibwn _ Board . This Public Hearing is classified
by our Attorney as a legislative public hearing - that we are here to
listen to any and all interested parties that wish to comment on the pro -
posed ordinance before us . This is the final report as submitted to us
by the Planning Board which was designated as the Zoning Commission . We
in no way the Town Board have altered this document , this is their
document at this particular point as we begin the final home stretch in
consideration of this proposed topic in either voting the question up or
down , or tabling what ever is the desire of this legislative body . May
I take a couple minutes to review for you , that in the adoption and
consideration of the adoption of a zoning ordinance there is a very
specific New York State Law as to the procedure that a Town Board or a
Town must follow if it is pursuing this path . There is a special proce -
dure which we have been mandated to follow and I think we have followed
' .b it quite religiously , it comes order the auspices of State Law- Article 16
Town Law . Back in August of 1961 the Town of Dryden established the
Planning Board and on September 5 , 1962 the Town Board designed the
P lanning Board as the Zoning Commission for the Town of Dryden . In
d esignating the Planning Board as our Zoning Commission they were charged
by the Town Board and Law to follow a special procedure which lead to
making a preliminary report which ends up in a final report which is in
front of us this evening for discussion . They are also mandated as
they pursue this topic to hold Public Hearings which they have done and
some of you may have attended some of these well attended sessions in
January and February before they submitted the document to the Town
Board . The Zoning Commission as I review this topic did not begin to
function as a Zoning Commission until the year 1965 ( four years ago )
when we moved into our 701 Plan , and I will come back to that later . We
as a Town . Board are specifically prohibited from participating in the
early deliberations of this particular final report which was put together
by the Zoning Commission and this is the cross roads where we are now ,
the final report you have in your hands . Therefore , our purpose this
evening is to conduct this Public Hearing the Town Boards first actual :
hearing on the Zoning Commissions final report of this proposed Zoning
Ordinance . The final report was filed by Chairman Curtis on May 1st
in my office at 2 : 30 P . M . . May 2nd that report was delivered to the Town
Hall at 2 : 30 P . M . The filing of that report completed the Zoning
Commissions functions and they are now disolved . They no longer exists .
It is from this point that the Town Board by New York State Law proceeds
from this point to consider the proposed ordinance . At our monthly
` meeting held by the Town Board on May 21st we agreed at this time to
immediately publish 1500 copies of this final report . I would like to
publicly thank Mr . Fletcher of the Dryden Rural News for the expedious
manner in which he handled the publication of this document allowing us
to get it into the hands of the citizens so quickly . At that meeting on
May 21st we also agreed to place ample copies at various distribution
points within the Town . We selected number one the Town Hall and place
in the Foyer of the Town Hall ( which is open 24 hours aday ) a box which is
advately filled for anyone who wishes to come and obtain one there . e
also had the privilege to utilize the Foyer of the First National Ban of
Dryden which also is open 24 hours aday for the benefit of any indivi uals
wishing to obtain this document . We also placed copies in Dingler '' s
Market in Etna , Crisseyts Gas Station , Etna , Whyte ' s Gas Station , Fr ville
and Kellogg ' s Store on Rte 79 , Slaterville Road . The Town Board extends
JJ
. i
•
( 2 )
their deep appreciation to these Merchants and the Bank for allowing us
to use their business as distribution points . The third item accomplished
at the May 21st Board Meeting was the establishment of the date for the
first Public Hearing which we are here tonight , May 9 , 1969 . Regretfully
the time was mixed up in the newspapers and the radio , but we did wait until
7 : 30 P . M . to begin . Now the Public Hearing , and I am reading from the
Notice given and published . Notice is hereby given that a Public Hearing
w ill be held by the Town Board of the Town of Dryden , Tompkins County ,
New York at the Dryden Central High School , Dryden- Freeville Road , Town
o f Dryden , County of Tompkins and State of New York on the 9th of June
1969 at 7 P . M . in the afternoon on said day in the matter of the adoption
of a Proposed Zoning Ordinance of the said Town of Dryden as recommended
to its Board by the Zoning Commission of and for said Town which ordinance
. generally provides for the division of all of the Town of Dryden ' . except
the Villages located therein within specified districts states the regula -
tions relative to such districts and provides for the issuance of permits
in specified instances and states regulations for off street parking and
signs , provides for special regulations and non- conforming uses , admin-
istration , appeals and amendments to said Zoning Ordinance and contains
a proposed zoning map of said Town which proposed zoning ordinance and
zoning map are filed in the office of the Town Clerk of the Town of Dryden
at the Town Hall , Dryden , New York and are available for inspection by
the Public . All parties and interested citizens will be heard by the
Town Board at the Public Hearing to be held by the aforesaid . Dated
May 23 , 1969 and signed Marlene Luss , Town Clerk . Secondly we are re -
quired by Law to notify any municipalities , housing developments or
state parks within 500 feet of our muncipal boundaries of the fact that
w e are holding a Public Hearing on this proposed Zoning Ordinance .
This we have done , and ten days prior notice was given to these groups .
There will be a point later in this meeting when I will call precisely
on those individuals in that catagory who wish to be heard . Before we
get into some of the interesting opinions which I am sure everyone
w ishes to express , I would like to ask your undivided attention for a
minute in preparing for this I asked myself the questions , how best does
one go about this and I attempted to do the following :
The first question I asked myself is this - Why have we traveled the
route that brings us here tonight and that is a highly legimate question '
a` which I am sure many of you have asked yourself . I review the statements
o f my predecessors and some of the Town Board who have gone before us .
I even had the privilege of talking to some of them as some of them are
still on this Board and I have attempted to inject some of my own analysis
into answering this question . " Why have we traveled the route ? " I have
come up with an answer that goes something like this . Unlike the World ,
Nation , States and Counties and Villages , Dryden is trying to understand
and cope with something we call change . Change which is stimulated by
improved technology , transportation , communication , agriculture , manu -
facturing , exploding populations , better educated people more affluent
citizens and more mobile citizens traveling throughout a muncipality .
Without choice whether we like it or not most Towns have been and are be -
ing catapulted into what I call mass socity . Towns that have been endowed
w ith basic tools that were designed primarily for a rural and agricultural
socity . The Town of Dryden is no exception whether we like it or not
✓ apid growth and change is . here . Our Town Boards concerns is more and
more engaged with challenges that revolve more and more around growth .
In the Ithaca Journal on August 25 , 1967 there was a major article printed
by Mr . Arthur Clark . The headlines of that article are and I quote .
" Dryden ' s Growth is Considerable " The lead line " Boon Town , Tompkins
County , Dryden Why ? " Closeness to Cornell , easy access to the City ,
inexpensive building land , relocated route 13 all are reasons residential
and commercial developers have located here . In the course of this
article you may recall he interviewed several individuals . A dairy farmer
who indicated he planned to sell off his farm in house lots shifting to
more intensive types of farming . An other developer who said he was
purchasing large tracts of land for sub - divisions within our boundaries .
' �He cited another business man who 1Acated here for space reasons , he inter -
✓ iewed with the New York State Electric & Gas in regards to their reloca -
tion here and the reasons for that . In summary form transportation and
space seem to be the reasons according to this article for relocation in .
o ur Town . Coupled with land purchase prices which are reasonable , I am
n ot sure we can say that today . These variable forces Ladies and
Gentlemen have produced rapid change upon Dryden . The vital concerns of
this Town Board have become more and more and they are engaged more and
more in the growth challenge and the subsequent problems . I can ' t help
but recall a year ago when . Mr . Gridley was returned to this Board as a
Councilman he was commenting how the activities of this Board had changed ,
how much more intense the problems are we are confronted with . I think
this speaks for itself . In this country 70 % of the population is crowded
into 1 % of our land . Many crowded into space covered by brick , mortar and
' s r !_
( 3 )
mecadam , polluted air , treeless , flowerless and yes maybe hopeless . Like
Dryden , Rural America has space , fresh air , sun and sky . We have room
hopefully for kids to run barefoot , we have hills covered by clean snow
for the sleds and ski ' s and we have fields for the people and animals to
romp in . I maintain these are attributes which are going to be sought after
more and more with each passing year . You can sum it up with one word
pssibly SPACE . Towns of the so called rural areas of which Dryden falls
into can no longer really rely on remoteness for protection . Population
spill over is running into the rural areas which we are experiencing .
Residents from the dying cities are in exodus . People are now willing
to travel thirty , forth - five or sixty minutes to go to their work and
back at night for some of these attributes I outlined above and no one
can question the surging of home and apartment buildings in rural America
are here and again Dryden has been experiencing this . Our pressing task
therefore , in Town Government as I see it and some of my colleagues
before me is leadership , is to determine in what direction are we moving ,
in what direction do we want to move and to hopefully prepare with god
given intelligence the necessary plans to execute prudent plans of action ,
in how to cope with challenges for orderly development . In response to
that first question , " Why have we traveled the route ? " It is due to the
foresite of the Boards in the pass that have seen this coming and I think
that one does not have to be to perceptive to see what we have been
e xperiencing in the last few years . To ignore this change , to ignore the
challenge to ignore the appropriate responses can only bring chaos and
I think something that none of us would be happy with . The second
question , " How did we get here this evening ? " As I have studied and
✓ eviewed the Town of Dryden history , it is my judgement that much is due
the Gridley administration of 1965 and specifically the late Everett
Saltonstall , Jr . Councilman for having the foresite and advocating back
in 1964 the conducting of a master study for the Town of Dryden . This
was accomplished through the Federal Housing Act of 1964 which enabled
municipalities in cooperation with the Federal , State and Local units
to conduct what is called a 701 study or a General Plan . And you may
✓ ecall from the earlier meetings this year in January and February some
of this was gone over quite carefully . To quote from the General Plan
and I quote , " Recognizing that change is inevitable the most important
X, issue then becomes how this change can be directed toward the accomplish -
ment of a pleasant and efficient physical invironment " . " To this objective
the Town of Dryden , Village of Dryden and Village of Freeville have pre -
pared the General Plan as the first step to establish the goals and
guidelines for the Town and two Villages " unquote . Now if you have not
seen this , this is what the final printout looks like for the Town of
Dryden . We have placed copies of this document in the Southworth Library ,
Tompkins County Library , Finger Lakes Library and there are some at
Town Hall and we would be most appreciative if you would like to come up
and sign one of these documents out . You will find this to be a very
e ducational document to say the least . One of the objectives of this
document was to look at the land use patterns as they now exists in the
Town of Dryden . They took inventory of the natural features and re -
sources which is spelled out from A to Z in here in terms of topography ,
soils , ground water , climate , what are our population patterns , what is
o ur economy , where do people work , what are their shopping habits , what
are the income levels of the citizens of our Town , what are agriculture
patterns , what are retail trade patterns , industrial patterns , what kind
o f public facilities do we have in terms of Schools , recreation , sewer
facilities , fire protection , Electric & Gas facilities , what kinds of
✓ oads , transportation , what is the housing situation in our Town in terms
of age of houses , also it took into consideration the study of the Fall
Creek Water Shed , look at the Tompkins County Airport , possibility of
lirgrowth and the impact on Dryden , refuse disposal which we have been wrestling
w ith the last ten days . You may have read about it . Also provides a fin -
ancial anaylsis of this Town , Sub - Division control and official map .
This is comprehensively done and I recommend it to you if you have not
already picked up a copy and studied it . This is a tool hopefully to
this Town Board and future Town Boards in helping us to have guidelines
as we move forward . It was stated the only objective of this was to get
at the land use proposal and this is not true . The commitment to this
General Plan first probably was most appropriate as in judgement it was
✓ ecognized by the Town Board in 1965 that if zoning was to be considered .
If you consider a land use ordinance or zoning ordinance without a master
plan it would probably end up haphazard or peacemeal or partial as many
municipalities have ckashed head over heels into considering such an
o rdinance and been regretful later on . By 1967 sufficient data was be -
ginning to take shape from the 701 study and from the zoning commission
w orking with Egner and Neiderkorn that they began to draft a proposed
ordinance . On April 21 , 1967 , two years ago the Planning Board heard
the results from Egner and Neiderkorn on proposed zoning ordinance for
LI 1
( 4 )
the Town of Dryden . At that time this Town Board insisted to the Zoning
Commission that they take that preliminary document to what we call
geographic hearings through out this Town . We as a Town Board wanted to
make sure that it had public opinion in the input or creation of that
document or this document before us tonight . The first preliminary hearing
was held June 8 , 1967 in the little school house in Ellis Hollow . There
were approximately 50 to 60 people in attendance and I might add I
attended every one of these meetings with the exception of the one in Etna ,
and I was out of Town . The second meeting for the purpose of getting
public opinion in the molding of this proposed document was held September
7 , 1967 in this building in the smaller auditorium . There were approximately
20 people in attendance . The third preliminary meeting was held September
18 , 1967 at the Varna Community Center at which time there were 50 people
present . The fourth was held in September at Ibthel Grove and there were
14 present , the fifth was held at the end of September in Etna and there
were approximately 50 people present and the sixth was held October 26 ,
1967 at the West Dryden Church owned by the Town of Dryden and there were
approximately 20 . people in attendance . It was hoped that the first com-
plete draft would be completed by December 1967 . Finally in January or
February of 1968 the draft was coming off the printing press so to speak
as a result of the input of the preliminary hearings the zoning commission
and our professional consultants . During the year 1968 there were
various meetings held with the mobile park home owners in consideration
of this proposed ordinance . There were some outside guests invided in
by the zoning commission to give testimony on that proposed ordinance
and some pf you may have expressed opinions to the zoning commission at
that time . Finally in January of this year 1969 the zoning commission was
ready to bring the zoning ordinance to public hearing , and you remember
those well attended meetings in January and February which I think
exemplifies what I call a real participatory democracy in which we had
hundreds of people in this auditoriumrnd I think its good for the soul to
see that there are still people in this country who are interested to
come forth and express that kind of interest and those kinds of opinions
that we need to have more of . February , March and April as a result of
the two zoning commission hearings in January and February they revised
this document as a result of those hearings to incorporate some of the
well thought out points that were made and needed adjustment on . Hope -
fully in your hand and you have had a chance to study what is called the
Final Report , which again wasturned over to us in early May . In clear
conscience I can stand here this evening and chair this first public hear -
ing on this proposed zoning ordinance knowing very well that this has
been a thorough effort on therart of all parties involved , it has not been
rushed , careful thought has gone into it if you will , there has been.
much deliberation , public opinion has been sought in all corners of this
Town by the preliminary hearings and what I am trying to say I guess is
there has been ample opportunity for the public citizens of this Town to
express their opinions to the Zoning Commission and the Planning Board
while this document has been under study for the last four years . Tonights
meeting again is the result of four years of hard work and study . There
are some persistant questions that have come up to each and every one of
this Board . Let me address myself to those if I may . First , one of the
questions people have thrown at me are , " Why was this proposed ordinance
considered in such a hurry ? " I think what I have outlined in the last few
minutes , I hope you can see from my reports that the topic has been under
consideration since 1965 . It has been no secret , it has been well pub -
lished , articles from the Ithaca Journal for my files on this topic , and
I have a notebook quite thick since I have been participating on the Town
Board since 1965 . Another persistant question is , " Is this a building
code , will it tell me what kind of plasterboard or what kind of plumbing
materials I have to use ? " The answer is NO . Another persistant question
is " Is this retoactive ? " " If this ordinance is enacted by this Board does
it mean I will automatically have to adjust my lot or what ever it may be
to come into conformance with the ordinance ? " The answer to that is NO .
The most frequent question which we have heard , and this is the most
frequent question asked at any time in the consideration of a zoning
ordinance , " Why not have a general vote on whether or not to have zoning . "
That is the most frequent question asked in the State of New York and you
may recall at the February Meeting , one gentleman indicated that he had
heard from Mrs . Cook directly that it was possible to have a vote , and of
course if memory serves me correctly our Attorney General , Mrs . Amdur at
that time indicated that it was against prevailing rule of the State of
New York to do this , but we again wanted to clarify this with Mrs . Cook .
I , therefore , took the initiative to contact Mrs . Cook and let me read
to you from a letter written to her on February 19 , 1969 . Dear Mrs . Cook :
This is in reply to your letter of Feburary 17th concerning the authority
of a local government to hold a referendum as to whether or not to adopt
( 5 ) '
a zoning ordinance . The rule prevailing in this State is that a referendum ,
whether advisory , ninding or one of the other types cannot be held by a
local government unless specifically authorized by the State Legislature .
I might add that the State Legislature does not do this . This letter then
cites several cases in the State of New York . This rule is founded on the
concept that we have a representative form of Government whereby the
governing board thereof is empowered by the constitution and the legislature
to govern and provide the services and facilities required by the people
therein . With respect to an advisory referendum it is a mere taking of
the poll ofpublic opinion , it is an expensive vehicle for obtaining an
expression of the public will . Zoning regulations may be ehacted by local
law or by ordinance by which public hearings must be held prior to final
action , thus the public has an ppportunity to express its opinions at
such public hearings . Thus our function here this evening - for you to
e xpress your opinions to us . The other question I have heard thrown about
is , " What is the purpose of this ordinance ? " I think in response to that
I would refer you to the proposed ordinance itself . The intended purpose
o f this ordinance and I quote , " To promote the Health , Safety and General
Welfare of the Community , to minimize congestion on the Street and Highways ,
to reduce hazards to life and property , to provide adequate light and air ,
to prevent over crowding of land etc . etc . " I will not go on you can read
as well as I can , but that is the purpose of the ordinance . Now , at this
point in the meeting I would like now to come to you , for your opinions
and comments . May we establish some reasonable ground rules before we
turn it over to you . We would like first for all to give your name and
address so as to ensure our clerks here taking the minutes have that
accurately recorded . We are interested in what you have to say . Secondly
if you can , we would like you to specify the section in the proposed
ordinance that you are directing your comments to . This will help us
later in digesting your comments as we rethihkmor rework this document
if necessary . Thirdly as I stated at the outset , this is a public
hearing for you to express your opinions , this is not a hearing where
testimony is required of everyone present , we want a sampling of opinions .
I assure you that this Board will listen carefully with full consideration
and thorough attentiveness . Fourth , please respect the right of all people
in thisroom that are present to be heard , therefore , kindly use the privi -
lege of the floor accodingly . Fifth , please keep your comments to the
topic at hand , that will be helpful again if your keep your comments to
the proposed ordinance . Sixth , if you wish to present a written statement ,
• and we have received many written statements please do so we encourage
that . If you wish to telephone please do so we have had many of those
calls , I can assure you . Now at this time I would like to have or we
would like to hear from all interested parties who live outside the Town
of Dryden . Are their any Supervisors or anyone from surrounding areas
that we had to give notice to who wish to be heard relevant to this
particular topic ? Any group or person who live outside the Town of Dryden ?
Hearing none , may we turn our attention to citizens within the Town of
Dryden . Now may we hear from all interested parties living within the
Town of Dryden boundaries and any comments , opinions that you wish to
express to this Board on this proposed document ?
Mr . Morris Peck read a statement as follows :
Ask us , understand us , before you legislate for us . We can stand here
all night and pick this ordinance apart , but this still won ' t lead to an
understanding of us .
Why do we live in trailers ? Because we can ' t afford high rent or
trailer parks . We can ' t afford a nice home like yours . But we must live
some where . You say we must live in Mobile Home Parks . But then you
say these parks can only be located in areas that you don ' t seem to feel
are suitable for residential developments . According to Section 4 of
page 4 of the Guide for Mobile Home Parks you say the Zoning Officer or
Inspector has a right to enter my trailer but you don ' t say why . We are
the same people whether we live in trailers or houses .
Suppose in a proposed RB zone there is an existing business . The
business should not be prevented from normal expansion . We must expand
to survive . He wants protection as you want protection .
Do you buy a new or late model car every few years ? Some people can ' t
so they buy $ 100 . 00 or $ 200 . 00 cars they may last six months or a year ,
then another car will be necessary . The old car in most cases can ' t be
traded in so it is left out back . This begins the accumulation of junk .
Sometimes a part is needed or sold ., a motor may be junked this leaves a
✓ usting old hulk . This is something no one wants and you say is against
the law . You offer this man no assistance or no solution . We hope you
u nderstand our situation , we hope you will look for fair solutions and
alternatives . Thank you .
Supervisor Lee - I think you refer to a Mobile Park Home Ordinance which
I f
■
( 6 ) ,
is not included of course in this document , that is under consideration ,
the Planning Board and Zoning Commission met with the mobile park owners
in 1968 and my last understanding was that the mobile park owners are
recommending the adoption of the New York State Mobile Park Home
Associations proposed ordinance . Now , that is where that stands last I
knew . That is not under consideration tonight the Mobile Home Park
Ordinance . Appreciate your comments - thank you .
Howard Klinko - in your Master Plan Gary you have my home listed as a
commercial Greenhouse . Now that took a lot of study to figure that one
out . Secondly you have a proposed Sewer Plant across the road from Mary
\ Russell ' s , now what good is a sewer plant going to do up there to purify
water with an industrial zone down below it ? There are no know filters
that will take care of chemicals for a sewer system , and you know that as
/ well as I do .
Supervisor Lee - I think your referring to the 701 study . Its a foldout
on the General Plan that Mr . Klinko is referring to . Keep in mind this
is future land use which I know Howard is doing and I think your referring
to the PC designation which says proposed pollution control plan . Is this
what you are suggesting ?
Mr . Klinko - Yes
Supervisor Lee - I think that is a fancy name for a Sewer Plant to be
Jhonest with you Howard at least that is my intrepretation of what a
proposed pollution control plant would be . Is that what you are referring
to ?
Mr . Klinko - Yes and there is one up in Freeville . Are you talking about
Conservation all the way down through there ? Why do you come down with
conservation and plan an industrial area when the form says you must con -
form with the surrounding areas ? Now where do you figure theres industry
in that area on that side of the road . There is none in there .
Supervisor Lee - There is no industry there at this time that is correct .
This is a future land use map at this time as I understand .
Mr . Klinko - That soil is not made for that , it is nothing but a swamp
in there .
Supervisor Lee - your absolutely right that the permancy of the soil in
that area is not condusive for any kind of intensive satuation of waste
products . At the same time if I may comment it is highly conceivable that
the days are not to far in the future when we will have those essential
services . A sewer plant in that area .
Mr . Klinko - Where will that empty into - Cayuga Lake or Fall Creek :
Supervisor Lee - We are speculating but I would assume . it would go into
one of the treatment plants . As you may or may not know Tompkins County
is negotiating with the Village of Cayuga Heights right now for the pur -
chase of their treatment plant with the intention and objective of being
to use that facility to provide the necessary services of sewer to various
parts of the County , and under consideration is Southern Lansing , the
Village of Cayuga Heights and coming into the Western portions of Dryden .
We have now established the Tompkins County Sewer Agency so I assume it
would go to a treatment plant and as you know the Village of Cayuga Heights
people right now are remodeling their plant by State mandate to up grade
the treatment before they dump into Lake Cayuga .
Ir . Klinko - Yes that right now because they have to do that . Now about
his industrial area . MA Zone now why in that area do you have melisted
s a Commercial Greenhouse according to your Master Plan ?
Supervisor Lee - Again I don ' t see any key for a greenhouse . Your in the
book itself ?
Mr . Klinko - Right in the book itself . You know where my house is , you
look it up and get the key .
Supervisor Lee - Anything else Howard you would like to say .
Mr . Klinko - Yes Gary one more . What does that 500 mean right there in
the middle of the industrial area . I think your discriminating against
me by doing that .
Supervisor Lee - 500 feet ?
1 7
( )
Mr . Klinko - Not 500 feet . I assume it means Article 5 , Sub - Division 5 ,
Section 5 .
Supervisor Lee - What page are you on Howard ?
Mr . Klinko - Page ( 4 )
Supervisor Lee - Page ( 4 ) are you referring to the RB Zone ?
Mr . Klinko - No I take that back Page 2 , Article 5 , Section 500 . If that
means 500 feet I can ' t do anything with my property .
Supervisor Lee - Section 500 as I read it is a general provision , lets
',make sure we ' re talking about the same thing . No land or buildings such
hereafter be used or occupied or land or building shall hereafter be
enlarged or its use altered . Is this what you are referring to ?
Mr . Klinko - Yes
Supervisor Lee - Now what is your point please Sir ?
Mr . Klinko - Gary its marked 500 not 500 feet . I can ' t do anything with
that land once zoning goes into effect . I ' m right smack in the middle of
the industrial area . What good is my property or my neighbors ?
Supervisor Lee - this is just Section 500
Mr . Klinko - Yes , that means I have to go to the Board every time I want
to do something .
Supervisor Lee - You are not in an MA Zone are you ?
Mr . Klinko - No I " m in an RC but doesn ' t that 500 restrict me ?
Supervisor Lee - I think maybe what you are doing Howard is corrolating
a number on the map with a section of the ordinance , and that has no
bearing .
Mr . Klinko = What is the 500 in that area for ?
Mr . Peter Curtiss - That is 500 feet along that road , 500 feet is
correct . No relationship tothe map .
Mr . Klinko - I would like to address this to Mr . Wells sitting back there .
These people that are assessed $ 50 . 00 per acre in the MA Zone and they
sell it for $ 4200 . 00 will there assessment be up ? Its nothing but a
swamp in there , they are assessed $ 50 . 00 an acre and they want $ 4200
for it .
Assessor Wells - I haven ' t seen any of it sold .
Supervisor Lee - I think this is irrelevant to the question before us , but
your point is well taken .
Mr . Klinko = That MA Zone isn ' t worth a nickel in there you still got it
in a swamp area , your contradicting yourself in your Master Plan .
Supervisor Lee - The Town Board thanks you Howard for your comments .
Bob Keech , Etna , New York - obviously many think that Egner and Neiderkorn
were right when they passed this. map out over our Town , and originally
they pirTposed these different zones along the major highways they put
RD Zones and it seemed to make a little sense . This last Fall I went
over to the Planning Board and they told Mr . Crispell that his building
and such would be alright as it was in an RD Zone , then this last
January or February at one of the Hearings some Gentlemen from the
Slaterville Road got up and said he would like this to be an RB Zone .
Good lord the Planning Board would make all RB Zones if someone asked for
it , and this they did to the Crispell property on the Slaterville Road .
Now you say this isn ' t retofactive , but when they get their facility built
out there and it will cost them a considerable amount of money , and as Mr .
Peck said earlier if a Business is to grow it has to expand and they
won ' t be able to expand because they will be in a RB Zone and it will be
non - conforming and it is a bad situation . This is wrong , and I will
have a statement for you .
Supervisor Lee - Bob we thank you for this , we have had conversation with
11 i
( 8 )
the legal parties representing the Crispell ' s and today we received a
lengthly correspondence from the Attorney. at Law representing this party
and I haven ' t had a chance to read it , it was received this evening but
again it will be taken under consideration .
Mr . Admas - Gary , may I speak along this line very briefly .
Supervisor Lee - Yes Sir .
Mr . Adam - I am speaking on behalf of Crispell Automotive Service who are
building garage facilities and other offices on Route 79 just a mile and
4 / 10 from the Town of Ithaca Line and 6 / 10 miles from the City line . I
myself from the Town of Ithaca the Two Mr . Crispell ' s from the Town of
Caroline they are the President and Vice President and I the Secretary of
Crispell Automotive Service . You have a five page letter from Mr . Crispell ,
President of the Corporation . We also wrote you April 3rd before the first
version come out protesting then what we had heard was goint to change this
from an RD Zone to an RB Zone and nothing happened except it did come out
as a RB zone as had been rumored .
Supervisor Lee - Armand let me correct one thing . On April 3rd this was not
in our hands yet it was still in the hands of the Zoning Commission , your
correspondence was duly referred to the Chairman of that Zoning Commission .
Mr . Adam - I realize that the Zoning Commission had copies of this letter
of April 3rd . The Crispell ' s have some 21 . 2 acres of land on this
particular area and it has for many years been a sand bank , they bought it
many years ago for Commercial purposes with the intention of making it into
their head quarters and by their head quarters I mean two operations . One
the Charter Bus service and the other their garage facility . They are at
the present time putting up a building and it will be completed before this
comes into effect .
Supervisor Lee - Pleas let me correct you there . You said before this
comes into effect - that has not been decided yet , lets not jump to
conclusions .
4r . Adam - Alright - it then will be a non - comforming use and on the other
land as it was pointed out to you it will be very difficult to get a
ariance in a non - conforming use , and it seems to me a very strange thing
to have a highest class residential area on a busy highway - in fact if
this is adopted it will be the first time in the State of New York that
a high class area is on a State Highway . Egner and Neiderkorn started
this and put in an RD zone as Mr . Keech mentioned . Because a petition
from some of the people there who do have nice residents along the road
the zone was changed with the idea that anything that was non- conforming
could continue . Alright , there are many non - conforming . Tonight I talked
with Mr . Wetzel on the German Cross Road and he is very much opposed and
he has since moved else where so therefore I did not mention this in the
letter . But this will be one of the very newest things if you make a
State Highway into an RB zone which is the highest restricted residential
zones . First , this is one place you do expect commercial expansion - there
is no place in the whole southern part of the Town of Dryden that is
possible possible for commercial development . You can say the Crispell ' s
got approval from the Town Planning Board for their present construction
and this is true , but their present construction will take the part that
is available and useable now , until the sand is removed . Once the sand
is removed what availability could there be for a residential area with
a sand bank 400 or 500 feet high and things of this sort . It seems to
me that the whole area ( and I pointed this out in the letter ) comprising
miles along the Slaterville Road and some extent along the Brooktondale
o ad should be made at least an RD , and if your going to make an RD a. s
e pointed out there also you have to have some commercial use because
Iwo
t the present time uses allowed by permit in an RD are not broad enough
to consider even the non- conforming uses that are there now . For ' example
if Huntington Gardens wants to expand and Sylvan Hills want to expand they
w ill have to get permits to do it . They are limited under the non = conforming
docket to what they have now , and they can ' t change it except for a more
✓ estricting , and I point out now that if you want an Ordinance and I think
Zoning is proper the Town Planning Board should have something to say
about what should go in a place , buy they should be able to do it upon
application under catagories we have here allowed by permit . You cannot
do that in an RB zone . In an RB zone the only thing you can do is to have
a semi office such as a beauty parlor , or perhaps a professional office
in your residents or a mobile home that is all you can do , there are no
other provisions in this RB zone that you can get into so you are absolutely `'
stymied . If you are going to have even an RD which is broader and you can
have a few more things that are allowed by permit so you can consider this .
Besides there is a buffer zone and therefore , the neighbors are going to be
( 9 ) '
protected , the proper set back , the density , property landscaped . This
is proper zoning but if your going to say no to start with and try to up -
grade what are now commercial area or areas that cannot grow into good
✓ esidential areas because there are some beautiful houses in this two
mile stretch yet you and I know that people are not going to build new
✓ esidential areas along State Highways , they haven ' t done it in the past
and certainly if there is any change in route 366 crossing into the other
part of Dryden from where it is now and crossing the Slaterville Road has
been contemplated this will go right through this area and it would seem
fool hardy for the Town of Dryden to do something no one else has done
before and that is for a State Road to have RB zoning .
Supervisor Lee - Armand thank you for your well thought out comments and
I think you have made an excellent point relevant to the lack of business
or commercial opportunities in that area , and particularly in view of
thefact we already have some in existence . Your absolutely right that
thechange as I understand it came about as a result of the February Hearing
as a result of the petition submitted to the Zoning Commission from that
area requesting the change . Conceivably there was an over reaction and
we will certainly consider that - Thank you .
Mr . Vanzane , Slaterville Road - I would like to give a proper response
to the gentleman who proceeded me , as well as the gentleman who proceeded
him . There is being an assumption made that one person changed Slaterville
Road in the Southwest corner of the Town of Dryden from an RD to an RB zone .
That is not true , myself and some of my neighbors can attest that we walked
o ff some of our shoe leather putting together the petition your talking
about . I certainly think that in view of the opeining remark you made
about democracy in action it would be a misstatement to say that 20 acres
✓ epresenting Mr . Crispell ' s bus garage would not be a non - conforming use
but a pre - existing one and exempt should zoning go into efeect should
count for more then the 80 or 90 % of the people who live in that zone if
they vote to have their own zone RB . Certainly the bus garage has been
u nder consideration for some time there were public hearings held in the
neighborhood and noteing the fottings are in it will go through and I
quite agree it is not suitable for residential purposes , but the rest
f Slaterville Road is , and if you will refresh your memory by looking
t that petition you will see that it was signed by ninety out of about
15 residents in that zone , which is a pretty good percentage . The main
oint made in it is to zone , that RD was premature . There is no disagree -
ment that the Main Road should be commercial . Egner and Neiderkorn did
a good job , our point is that it is premature . There are only two or
three empty pieces of property for commercial use and why in effect hurt
the existing property owners by forcing on to them a commercial zone when
the nature of the neighborhood right now is residential and not commercial .
Thank you .
Supervisor Lee - Thank you Mr . Vanzane .
Mr . Gilman Dedrick - Gary , I feel the decision made by the Town Planning
Board in regard to the petition handed into the Town Planning Board re -
garding the establishment of an RA Zone an Agricultural Conservation zone
in a short area on the West Side of Fall Creek as it comes out Mill Street
in Freeville and mets up with the diversion creek on the Werninck property .
Supervisor Lee - This is what we discussed previously ?
Mr . Dedrick - Yes Sir . I would like to go over some of the points of the
petition and add some additional information which we did not have at the
time we sent the petition in . In Article ( 2 ) covering the intended purpose
f your proposed zoning ordinance it states that the zoning ordinance is
o promote the Health , Safety and General Welfare of the Community , to
reduce hazards to life and property , to conserve the value of property
and to conserve life , land and natural resources , and to expenditure of
funds for public improvements and the services to conform with the most
advantageous uses of land , resources and properties . In our petition we
said that the Town Planning Board did not live up to any of those stated
purposes if they failed to plan to put this suggested area into a restated
RA zone . The situation is clear , we have had several floods along the
stream in the last few years , with property damage not to mention the
erosion of natural resources during this period . This year flooding froze
Route 366 in Etna . The stream bed of Fall Creek has changed and now has
eroded its way , being 100 yards closer to route 366 and a number of homes .
The area suggested for RA classification is now a semi -marsh area not
suitable for building and used very heavily in the Spring by ducks for
nesting purposes . The area is natural site for a bow - leg and deep marsh
that would have a strong effect on the force of the water in the Creek .
It could be developed very easily for a recreation area for the Town or
. . . .. ,
( 10 )
for private pruposes . The residents of this area have been acting as a
study group trying to develop a small water shed under the provisions of
this Federal Program . Today , although extensive damage has been done along
the Creek over the years , we have not been able to come up with a damage
figure not even an estimated that is high enough to file under the Act
for Government Assistance . We think it will be necessary then for the
Town Government to appeal to the State for aid under several State Conser -
vation Provisions to begin to develop some flood control measures along
the creek . Filing the petition for an RA zone the logical first step was
to bring us aid for obtaining rights - of - ways and access to the area for
the purposes of promoting health , safety and conservation , reducing hazards
to life and property . At that time we did not have information pertaining
to the State Law that regards conservation nor did we have a final answer
on Cayuga Inlet Study which was suppose to be ready by the 25th of April
and still is not ready . What we have found is that this study is to
provide enough information so a preliminary report can be established
for a water shed project study , so what we are asking for , for approval is ,
and we have checked with the State and Federal People is if this particular
areawould interfere with their study . And what we have found out is it
would not interfere but enhance the whole water shed program . What
has happened now is the Federal Bureau of Budgets have set their 1970 projects
so 1970 funds are put aside and if we go into a study with the Cayuga
Inlet we will probably have to wait for funds until 1974 or possibly 1975 .
This is what we ' re looking forward to as far as available money . However ,
there is money available in the State Program under provisions in State
Law Section 180 of the Conservation Law also section 429 of the Stream
Protection Law and there are others under the State Conservation Law
where easements can be established by the State Conservation Department .
The State Conservation Department can come in and do stream banks , erosion
work , deep channel and all those programs we have mentioned in the petition .
The main objection as I understand it from the letter from the Planning
Board Chairman is that they could not ask people to put land in this kind
of a restriction since it would only allow for agriculture and Conservation .
At that time we did lack the support of the land owner who owns all of
this marsh area , but since that time we have had the support of all the
land owners including the above , where we asked for a five area run along
the creek , so we now have full support of all the land owners that are
' nvolved in this particular situation the RA zone . We are now asking that
he RA zone be reinstated along that Creek and that your further establish
Conservation Committee on the Town Board to further look into the
ossibility of taking additional land . There are or may be many land
owners who would like to have land put into this agricultural or conser -
vation section . There are many areas in the Town not suitable for anything
and would make a fine conservation area , and that is why I have asked for
a Study Committee and we might derive other area 's where people might
support a conservation section , such as the people have supported in this
short area along Fall Creek and where this is a necessity to life , hazards
and keeping one of our large major water sources in the Town free and clear ,
and I think there are other sections of the Town where conservation areas
can be and that is my reason for coming before you this evening .
Supervisor Lee - Gil we appreciate it , your comments are harmonious with
other opinions which I have received personally . Councilman Todd is Chairman
of the Tompkins County Conservation District and I am also a member of
that Committee . I think it would serve our purpose well to look at that
as a sincere possibility . I might also add that you are probably aware
that in the consideration of the proposed Community College site the Egypt
Creek situation has been looked at very extensively , but again as you
indicated it looks like the money that would be available for feasibility
studies are somewhere in the distant future but the objective is an
excellent one to say the least .
upervisor Lee - Do I hear any other comments . Lets go back to Mr . Peck please .
r . Peck - Gay , it seems to me that Mr . Neiderkorn said originally that we
=had a Master Plan here and we need zoning to enforce the Master Plan .
Some how I see we ' re getting zoning by petition which destroys the Master
Plan . I can ' t see a Master Plan , I can see regional type of Planning which
is controled by regional areas but how can you have a Master Plan controled
by local interest ? Every time a Town Board changes or another interest
group springs up , by petition you can change the Master Plan . Has anyone
looked into a regional or state plan ?
Supervisor Lee - Yes Morris . Your point is well taken . If you have looked
at the 701 study which was formulated in conjunction with the New York
State Office of Planning and Ithink the basic premise that Mr . Egner and
Neiderkorn started with was a supposition that there is a corridor of
growth which is occuring regionally between Cortland and Ithaca . I do
thnk that drawing up this plan , talking with the State individuals , that
the people Mr . Egner and Neiderkorn worked with did look at the situation
( 11 ) '
somewhat as regional planning . Your point is well taken .
Mr . Peck - Now this is no longer in Mr . Egner & Neiderkorn ' s hands .
Supervisor Lee - Yes Sir that is correct and again this is a plan which
is a guide line only with vitalinformation which we needed to make wise
decisions we hope and again lets hope that this Board and future Boards
have the wisdome to appropriately implement and execute the objectives of
this suggested plan . I don ' t think Morris the changes will come about quite
as easily as you have outlined . From my experience it takes a little time
to change some of these plans . At least that is my observation from
- anticipating in public service . Takes Time . If you don ' t believe me
alk to me about the Community College site .
ay Dennis , Bone PLain Road - I ' d like to know , I know we can ' t vote
on this - do you think this should be passed by the Town Board ? Do you
people think it ought to be put in against the majority rule ?
Supervisor Lee - Well , we will certainly try to read the public ' s opinion
to the best of our ability I assure you . This will be predicated against
the numerous telephone calls , letters and other written expressions people
have handed over to us . We certainly would welcome a written letter from
you if you like and we will try to react accordingly . I will answer your
question this way if I may quote Abraham Lincoln who once said . " Public
opinion is everthing , that with public opinion nothing can fail , without
it nothing can succeed " . Unquote . Our job is to intelligently appraise
and it is a difficult job I assure you , what is public sentiment or public
o pinion .
Mr . Dennis - If you feel that way , why don ' t you waive your rights and
let us vote ?
Supervisor Lee - I thought Sir we covered that at the beginning with the
✓ uling of our Town Attorney and the letter I quoted to Mrs . Cook . We do
n ot have any enabling legislature to do that .
'r . Dennis - You mean its against the law to waive the right that allows
s to vote ?
upervisor Lee - thats right Sir . This is one of the responsibilities
we have as your elected representatives .
Jeanie Vanderbilt , West Dryden - I did mention this to you and I would like
to bring it up again . We are losing most of our Town Board Members this
Fall through advancement to other things , or moving away or simply not
getting elected . Why then is it imperative that we have this decision
made right now , and I think I am referring to this as like baking a cake
and not sticking around to eat any of it . In other words why can ' t this
thing go until we have a Board thats going to be with us awhile so what
e ver they do they are going to answer for or they are going to have to
make changes and they are the ales I can go to and say you did this - what
about it . Now if someone goes to you about it , you can say Gee , I ' m sorry
but I don ' t have anything to do with that anymore . I think it would be
a little wiser to wait until we have a Board thats going tote with us for
a year or so .
Supervisor Lee - First of all the timing of it , and you and I discussed
this the other evening on the telephone , we were at the mercy of the Zoning
Commission so to speak , from which this document was turned over to us
on May 2nd . Relevant to your point of this Board and the change that will
e coming aboutthrough no choice of our own in many cases . I think we
dould be derelict in our responsibility if we did not continue to consider
his particular topic . I do not see that the change come January 1970
ill change too much , Mr . Todd will still be here , Mr . Cotterill will
till hopefully be here . There will be a new gentleman to take Mr . Ogden ' s
lace . Mr . Gridley and myself will still hopefully be here in the Town of
Dryden , it is conceivable we will not be on this particular Board but we
will certainly have an active interest in what is happening in the Town
of Dryden , as we are hopeful in continuing in this same position in the
County Legislature . Your point is well taken and I can sympathize with
you and the position your taking .
Mrs . Phillips , Redwood Lane - There are some of us who would like to see
this zoning problem settled and rather than let it go another year or two
as was pointed out earlier it has been foul' years already and there are
some of us with undeveloped land who would very much like to see zoning
At least come to some sort of answer and we are willing to go along with
this Board whether then wait and start all over again with another batch
A
i
( 12 )
of hearings and another Zoning Board .
Michael Pitchel , 608 North Tioga Street - I think that one of the problems
is after it is voted in that the Planning Board has to recommend change
any change that the people come up with , any change that the Board comes
up with , any change that is recommended in any way the Town Board has no
authority but to recommend it back to the Planning Board and the Planning
Board is required a decision a recommendation it has to be done that way .
After the recommendation has been made if the Town Board disagrees with
it it takes four out of five to overcome any recommendation of the Planning
Board . The one thing this does is take any kind of change further and
'urther away from the hands of the people because they have not elected
he Planning Board and although the Town Board went to great lengths to
hoose Planning Board Members from every geographical area of the Town
it seems that their choice they have a Planning Board that doesn ' t seem
to have people that represent the people opposed to zoning or opposed to
the concept of . zoning at all , and I think this is a very serious thing
taking it away from the people , and I think we have seen it already after
our Public Hearings there were lots of changes made and they were all made
for more restricted zoning and I had the feeling and I may be wrong that
there were lots of sentiment against zoning at those public hearings and
there were lots of things that were brought up that were not changed .
We didn ' t get any changes that made apartments much easier to build in
the Town , we didn ' t fet changes down from RB to RC , any kind of petition
that came before the Planning Board for RB was accepted . I don ' t think
there were any that weren ' t accepted and they were in ridiculous areas .
The people brought it up and the Planning Board accepted . If this happens
later and you may disagree with some of these things now and your goin
to have a chance to change it just three of g
four of you . That means 80 % of the people elected are goingotoghavettoe
vote to change any decisions by a non - elected group and I think thats
a real problem . Another thing as said at the beginning there are lots
of reasons for zoning health , safety , welfare , prevent over crowding
and I think those are all good things . I think that you the Town Board
ought to take a look to see if these things are really happening . Its
n to say at the beginning of this Ordinance 40 , 00 square foot lots .
question how thats going to help early development of the Town . I
S me
eftlly do and I think you going to have to question that and I question
ow that is going to help a lot of things . I wonder - the Planning Board
as made it almost impossible to build any new construction that can be
rented to students and I wonder if that is some thing the Town of Dryden
wants - to fairly exclude students . Its not done by saying were going
to exclude students its done by placing the number of people that can
live in a house and financially it makes it almost impossible to do that .
Well , I don ' t happen to agree with that and I don ' t know if the Town Board
does or not . It was brought up before the Planning Board and I didn ' t
see any change . They said they were going to change it and they didn ' t .
The Planning Board said they were going to make it easier for trailers
so now we don ' t have a permit but there is no place in the Town of
Dryden that a person if this zoning ordinance is voted in can go and put
a house trailer on a lot . You have to do it by permit , there is no place
in the Town that does not require a permit , you have to go before the
Board and ask permission . Your going to have neighbors who aren ' t going
to want it and that is one of the things that is going to be considered .
I don ' t think thats going to make it very easy to put a house trailer on
a lot . You have to show hardship and things like this to get it and I
don ; t know if thats what the Town wants . I think there are a lot of things
like this . I think the sign requirements are restrictive , I think things
like the sidewalk cuts are wrong , you can go on and on and on about the
oningrdinance . I think you have alot of problems . I disagree with
when
you say you can ' t have a vote . I don ' t think there is anything
at says you can ' t have an informational referendum .
pervisor Lee - Were you here when I read the letter to Mrs . Cook ?
Mr . Pitchel - Yes , and all I heard say was it was expensive .
Supervisor Lee - I would be happy to give you a copy of that letter to
read and I think you ' ll come up with the same answer we did .
Mr . Pitchel - Did you check into this and see if there could be an infor -
mational referendum ? I asked you specifically on the telephone if you
would check into this and you said you would and you told me it would be
expensive and maybe we should pay for it .
Supervisor Lee - Mike okay .
4
Audience - May we ask who is talking and where he lives ?
• ( 13 )
Supervisor Lee - Mr . Pitchel , 608 North Tioga Street . We appreciate your
comments and if you want to give it to us in writing we will certainly
consider it . Now there are other people who want tobe heard . Mike , I
will give you a copy of this letter to Mrs . Cook again I persued that
because there were some people who did not want to accept our Town Attorney ' s
informative ruling . The ruling prevailing in this State is whether a re -
ferendum is advisory , binding o4one of the other types can hot be held
by a local government unless specifically authorized by the New York State
Legislature . I will gladly give you a copy of this letter , it is from
the Office of Local Government addressed to the Honorable Constance E . Cook .
om McCarthy , Snyder Hill Road - I feel very sorry for Mr . Pitchel for
eeling so sorry for himself about people . Seems since he has moved into
the Town of Ithaca , he has built to two homes on the Snyder Hill Road .
He doesn ' t mind that these two homes are built on 2 x 4 lots and while
driving back and forth I counted twenty - seven cars , three motorcycles
and I don ' t know what else and things thrown all over the place and he ' s
talking about feeling sorry for the people . Are we going to have this
sort of thing in the Town of Dryden . Now is he feeling sorry for the
poor people for for us , what is the point ?
Supervisor Lee - I can ' t speak for Mr . Pitchel , I assure you .
Mr . Jack McFaddin , Noll Tree Road - I would like to add a little clarifi -
cation to the statements of Mr . McCarthy and Mr . Pitchel . As I under -
stand it all zones in the Town of Dryden are some what restricted , and
I cane speak as far as Genung Road is concerned . The open trash cans ,
the weeds were finally cut down the first time since Spring . Now I have
to mow my lawn at least twice a week . Now what concerns me is since
you asked for people living outside the Town of Dryden to speak at the
beginning of this meeting , I would appreciate it if they stick to the
ground rules .
Supervisor Lee - I yielded to Mr . Pitchel , I thought perhaps he had come
in late and had not heard me ask that people who live outside the Town
of Dryden speak first and had not heard the ground rule . I gave him
hat benefit . Nowt; at this point lets stick to the Ordinance - okay ?
Cushing Phillips - We are going to have more of our property jeopardize
y studen boarding houses ifthe Board delays in making a decision for
zoning and this in the long run will give citizens in the Town more
problems to face .
Supervisor Lee - Thank you Sir ; .
Mr . Rocco Lucente , Warren Road - There are four things I want to comment
on . Several months ago the Planning Board asked Walter Schwann Chairman
of the Town of Ithaca Planning Board to meet with them . I am wondering
why since the Town of Ithaca has many problems of its own .
2nd - Why should a person who wants to put a trailer on a lot have to
get a building permit and then be subject to a Public Hearing . A person
putting a house on a lot does not have to have a Public Hearing .
3rd - The third point concerns myself , I have about 100 acres of land
classified as an aircraft hazard zone . Has Mr . Neiderkorn looked into
what a hazard zone is ?
Supervisor Lee I assume so since reading the Ordiance . It appears
he looked into this very carefully .
Mr . Lucente - I feel since they are approximately 100 feet off the ground
his is not hazardious and the ordinance is discriminating against me .
Supervisor Lee - Well , if one falls into my house , and I live in downtown
Varna I will not feel anyone is discriminating against me .
th - I looked at the map and they have a land fill site on my property .
Supervisor Lee - Your looking at the General Plan where Mr . Neiderkorn
has a possible land fill site on Caswell Road . Okay we agree to that point ,
but that is not gospel it is a possibility or suggestion .
Mrs . Clancy , Ellis Hollow Road - They say we are discriminating against
Mobile Home owners and were not treating them the same way we are home
owners and I don ' t quite understand why they are called mobile homes .
I read an article that says their life span is now fifteen years . I hate
to think that the house we built will only last fifteen years . I don ' t
think that people who live in trailers are second rate citizens , but I
don ' t see how they can be treated the same as houses since they are mobile
+ t I ii r
I
I III d ' ,, ! d
LI r , ,, i I : i
' 1
( 14 ) )
and can be moved and will not last as long as a stationary house , and I
wouldn ' t want one on the lot next to me .
Supervisor Lee - A few years ago the Town Board purchased the most up - dated
document on the Mobile Home Park Industry and if your interested in gaining
an incite on this topic I highly recommend this to you . There is a copy
at Town Hall if you would like to borrow it .
Mrs . King , Etna - In regard to mobile homes not being stationary , Mobile
means they are brought on to a lot , not necessarily they are going to be
taken off a lot and if they are kept up they are just as nice as nay
tationary permanent house .
Jade Alexander , Caswell Road - I would like to ask the Town Board first
to pass this Ordinance . Four years have gone by and people have had
ample opportunity to state their opinions . Its time we get something
on paper we can work with . We cannot exist without some regulations
as their are so many of us . It would be nice if we could all be Daniel
Boone ' s and move on the next 68 miles for space but this can ' t happen . We
need something that says how land should be sued and time has gone by
and its time to pass this Ordinance , be done with it and live with it .
Ernest Cotterill , Dryden - I would like to second Mr . Alexander ' s suggestion
but I would like to add something to it . I think its time for zoning but
along with that some changes need to be made . I haven ' t studied this
document to much but I would liketo say something about the size of the
lots . I feel personally that in some instances one acre to a lot is to
large and I think they should cut this down and give it some consideration
before they put this through . Let the Board of Health decide the lot
sizes . I know myself when you reach my age thats to much land to take
care of .
Howard Klinko - Gary , what is the Town Board trying to do , this is a Public
Hearing to express our opinions yet you keep throwing letters at us , are
you trying tobeat us down ?
upervisor Lee - I said if you would like to you could put it in writing .
Many people have already written us their opinion on whether or not they
avored zoning . We are carefully putting down every thing that is said
here this evening . It will be pint in the form of minutes and distributed
to every one on this Board and taken into consideration . As I said at
the beginning this is the Zoning Commissions final report we have in no
way altered it . This is our first Public Hearing .
Mrs . Katie Brown , Dodge Road - I am interested in what was said about
the future sewage control plan . If and when sewer is availabe will it
make a difference in the lot sizes . If sewer is available lot sizes
will not be a problem ?
Supervisor Lee - Yes , I think its highly feasible with Water and Sewer
that this will bring pressure for changes in various areas . In any
improvement District whether =Village , Town etc . the behefactors in that
' District must bear the cost , but before that District can be formulated
it must be approved by all the people in that District . It cannot be
automatically developed because the people in that District must pay for it .
Mr . Klinko - Cornell owns this land , youihave eight or ten houses up
through there you have industry in there why do the tax payers have to
pay for it ?
upervisor Lee - Appreciate your point , now lets go back to the Ordinance .
Bill Crissey , Freeville - The first ordinance I believe was called the
estrictive Ordinance which means if something wasn ' t in it you could do
t anyway . I don ' t see that in this one maybe I missed it . If you want
to do something do you still have to get a permit to do it if it is not
listed ?
Supervisor Lee - I say No with my interpretation . It ' s spelled out here
what you need a permit for . It has to be written down what you need a
permit for if its to have any bearing or putting any kind of restriction
on it .
Mrs . King - Can you tell me where I can find all the rules and regulations
for a Mobile Home in either Parks or on private lots ?
Supervisor Lee - We do not have that at this point , it is still under ,
consideration . The, last information I had , Mr . Curtiss Chairman bf the
( 15 ) t'
Planning Board is that it is being worked out with the Mobile Park Owners
in the Town of Dryden . They have suggested we consider the New York State
Mobile Home Association Ordinance . I may be wrong about this but this
was the last word I Had .
Mrs . King - That is not available then at this time . Where can we get a copy ?
Supervisor Lee - Mr . Relyea of Taggin Wagon Park is an officer in the New
York State Mobile Home Association and I think he would be happy to get
o ne for your and provide information on this .
King - Alright then when Dryden decides on their rules and regulations
/ ill this come before us ?
Supervisor Lee - Yes , it will . Before we can adopt a Mobile Home Ordinance
ywe have to go through the same procedure as we are doing here tonight .
Mrs . King - There is one thing I have not seen and that is that an Inspector
can enter a mobile home in a Park .
Supervisor Lee - That is not in this ordinance . I do not know where Morris
e xtracted that from . There have been some drafts made and some discussion
but that is not in this ordinance under consideration tonight .
Ray Dennis - I wonder if it would be possible to have a vote a special
e lection by the Town Board ?
Attorney Amdur - NO - - - -
Supervisor Lee - As I • said at the outset this evening that has been a
persistant question .
Edgar Lemon , Ellis Hollow Road - I would like to answer Mr . Alexander ' s
comment about the growth of our population . Its going to continue to
grow , its not going to stop today . It seems to me the Town Board has
to have zoning to control the land future . The second point that needs
ttention on the Town Boards part is that if we do not solve these problems
at the local level the State Government and the Federal Government will
ome in and solve them for us , and this we will like a lot less than if
we solve them here ourself . I think its appropriate for the Town Board
to pass this zoning ordinance . There may be many little things in it some
of us do not like but we have to think about the future .
Supervisor Lee - Thank you Sir . It is true in application for State and
Federal Aid restrictions are getting greater and greater . In regard to
the population I just happen to bring along tonight population figures
for the Town of Dryden .
1950 5 , 006
1960 7 , 353
1965 8 , 235
1968 9 , 158
The 1968 census last year put us ahead of the 1970 projected population
for the Town . The medium age for the Town last year was 50 % of the people
were older than 23 years 9 months and 50 % were younger .
B ob Keech - I think we ' re all aware of our population explosion but I
d on ' t think there is anything in the zoning ordinance which deals with
this to ease the problem in the Town of Dryden . Maybe someone can tell
me why they restricted the apartments to 600 square feet and one bedroom
to a house . That is absolutely ridiculous . That was asked to be taken
ut of there and changed and it wasn ' t done . There is no reason for it ,
nd if there is no one told us why . It should be changed and that is the
indication they gave us several months ago . A 40 , 000 square foot lot is
certainly going to eat up the Towns land in a hurry . That doesn ' t help
he Towns population explosion so how is this building ordinance going
to help the population explosion ? Whats it going to do for the Town of
Dryden to solve this ? I definitely am opposed to this thing right now ,
I won ' t say I will always be .
Supervisor Lee - Your opposed to the ordinance then Sir ? All facets of it ?
Mr . Keech - Yes , all facets of it I believe . I also have these petitions
from other people who are apposed to it and I would like to give them
to you .
Supervisor Lee - 'Bob , Councilman Todd has my right ear here so to speak
and he wonders if you would spell out specifically what your objections
are in the Ordinance on the 600 square foot concept .
L' .s
( 16 )
Mr . Keech Well first of all take that house Tom owns in the Town of
Dryden . Say he should decide when the kids are grown up and gone he wants
to make an apartment in it . You decide to put in another kitchen and bath -
room but if he can only have , only one bedroom and 600 square feet he can ' t
make enough money to rent it out to make it worth doing . You could rent
to maybe a man and woman or married students but what happens when a child
comes along . He can sleep in the same bedroom but will this help the
population explosion ? '
Supervisor Lee - Again we appreciate your comments and we are making
careful notations up here .
rs . Phillips - Maybe you can ' t answer this for me , but I know the
Cher day you opposed the Dryden site for the Community College . You
mentioned earlier the difficulty in obtaining Federal and State Funds .
If this zoning does not go through would it have an adverse effect on
the Dryden site for acceptance of the Community College ?
Supervisor Lee - I think that is a fair statment that the Board of Trustees
in considering - the Site Committee and various Boards of Supervisors and
the Site Committee and Board of Trustee of the College would carefully
consider whether or not where they choose the permanent location the
benefit of protection would be provided through a Zoning Ordinance . That
is one of the factors no doubt about it . In fact I was asked that question
this morning by the Board of Supervisors .
Mr . Shapley , Ellis Hollow Road - I have lived here twenty - three years in
the Town of Dryden and the Town of Dryden is one of the fastest growing
sections in the County . I felt for some time that the Town ofIk' yden
needed a Zoning Ordinance . Our town is growing all the time and it will
continue to grow and I think the sooner we have a Zoning Ordinance the
better the Town will be . I urge the Town Board to take positive action
as soon as possible . There have been some good points made her , at the
other public hearings , some changes have been made , but if we wait to
have a perfect ordinance everyone is satisfied with we ' ll never have one .
upervisor Lee - Thank you Sir ; .
r . - Pitchel - In the MA zone the small land owners can do nothing . The
large : developer isn ' t really limited to manufacturing in an MA zone as
he is allowed to do a planned development . The man who owns say fifty
acres and find he can ' t sell that for manufacturing and wants it for
✓ esidential will bring it to the Town Board and find he can ' t do anything
w ith it as its planned zoning . He can ' t change the plan for residential
he can ' t sell the small parcels , he has no options he can ' t do anything .
He can have manufacturing or he can sell small lots . All the land the
Electric & Gas owns is zoned MA , but the land around it is not and I
can ' t see why not and this I think is spot zoning .
Supervisor Lee - I don ' t know as I can agree to the spot zoning but I
think it conceivable that Mr . Egner & Neiderkorn were looking at this point
because the Electric & Gas located there because of the growth of Besemer
Cement and Trucking Firm and possibly this is the area where manufacturing
w ill grow . Your objecting specifically to the MA zone on the south side
o f Route 13 Mike ?
Mr . Pitchel - Yes , I don ' t think its right .
Supervisor Lee - There have been some serious reservations expressed about
the MA zone period that this Board has been discussing . But who can predict
here industry will develop particularly without the essential services of
Water and Sewer .
r . .Klinko - Gary , you have that industry come out here .
Supervisor Lee - What industry are you feferring to ?
Mr . Klinko - You made this an industry area . Your talking about industry
and residential . When the residential fills up that leaves industry out .
What your trying to do is stop it .
Supervisor Lee - Well , I just said that the MA zone isoon the map as
proposed but there are serious reservations expressed about it at this
point and it is under consideration .
Mr . Klinko - Yes I know - you can consider it but will you do anything
about it .
., : ,.5
Supervisor Lee - "Howard please . This Board has not considered this document
yet . This is the first hearing .
Mr . Klinko = Yes , but everyone over in Ellis Hollow area gets their every
whim . They get everything they want . I don ' t think thats right and you
know it .
Supervisor Lee - I disagree with you on that . We welcome the opinions
o f everybody from all parts of the Town .
Well , hearing no further comments I think that this Board will con -
clude this Public Hearing . Before we wrap this up let me say it is now
o ur job of course after hearing the opinions expressed here plus the
vritten opinions etc which we have received to study this document and
ct upon the document . - If we make any modifications on this document
t is necessary of course to come back to a second public hearing . We
know that it was expressed very adequately here a few minutes ago that
if this ordinance is adopted or if any ordinance is adopted it will
n ot be perfect as the gentleman so adequately stated a few minutes ago
and it will continue to be modifications of some of the unpredictable
things to happen in the years ahead of us . With that I call this
meeting adjourned .
Gary A . Lee - Supervisor
Marlene Luss - Town Clerk
* Footnote - This set of minutes were taken from a tape recorder , however ,
the minutes are not verbatim due to coughing , laughter , applause and
o ther loud noises in the room which interferred with the recorder . The
second tape was set to far from the microphone and people speaking could
n ot be heard plainly so much of this is from shorthand notes .
Supervisor Lee at the very beginning of the Public Hearing announced that
he Hearing was being recorded and careful notes taken .
•
Ir
.-t ■ _
v
MEMORANDUM
Re : The ".Right to Vote " on Zoning
��
According to New York State law governing all towns , the pro -
cedure required to be followed by the Town Board relative to adopti . n
o f a proposed zoning ordinance is as follows :
A public hearing is held on the proposed ordinance by such
Board , after a ten ( 10 ) day ' s notice is duly published and provided
in writing to certain adjoining municipalities and others as
specified in Town Law § 264 . At such public hearing , all parties in
interest shall have an opportunity to be heard . The purpose of the
hearing is to inform the Board concerning the merits of the proposal ,
to provide a forum for the expressionof public opinion for and
against the •proposal , and to offer opportunity for formal protest
by affected property owners . Subsequent to such hearing , the Town
Jr Board makes its determination to adopt , reject or amend the
o rdinance by a majority vote . In the event there is substantial
amendment , there must be a second public hearing .
In general , the Town Board may npft conduct a referendum on it -
Y f .
o wn motion , nor can a petition • fored permissive referendum have
any legal effect , except in those situations where there is specif ' c
authorization therefor in thee- Town Law . ( Town Law § 90 & § 94 ) . Town
"
Law § 264 , which controls the procedure on zoning , does not provide
for a mandatory referendum and provides no authority for a per -
.. !
missive referendum . B law , therefore , the Town Board has
no authority to condtct a referendum on a proposed zoning ordinanc :
( 19 Op . State . Compt . 571 , ; 1963 ) and the citizens do not have , nor
have they had in :, the • past , a right to vote directly on zoning.
Dated : February ( 12 , 1969 . •
Helen Amdur ,
`: Attorney
+I •
p1
i f w~
k
251
RESOLVED that the Town Board of Dryden hold a Public Hearing on Zoning
at the Dryden High School Auditorium on June 9 , 1969 at 7 P . M .
2nd Councilman Gridley Carried
D iscussion followed in regard to placing the documents in various
places within the Town .
RESOLUTION # 64 ZONING ORDINANCES
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that the final proposed Zoning Ordinance be placed at Town Hall ,
D ryden , Dingler ' s . Market , Etna , Bob Whye ' s Garage , Freeville , First
National Bank of Dryden , Dryden , Kelloggs Gas Station , Slaterville Road
and Crisseys Gas Station , Varna .
F .
2nd Councilman Todd Carried
Attorney Amdur stated that all Towns bordering the Town of Dryden would
h ave to be notified of this Hearing .
III
SEWER DISTRICT # 2
Attorney Amdur reported she had the contract which must be executed and
sent in to the Federal Water Pollution Control Commission . She further
stated that Mr . Miller , Engineer for the project had notified her last
Monday that we must obtain 28 easements along route 366 , and that he
h ad prepared maps for her use . She must also obtain easements from
Cornell University which she was aware of . Supervisor Lee reported
that the pipe was already on the project site . Attorney Amdur stated
that she would like to have surveys made of each property and obtain
permanent easements with the Boards permission . She further stated
that the Contractor will take pictures of each property before digging
starts so they will not be liable for trees , shrubs etc . which did not
exist before construction as he willte liable should anyone file suite .
She brought to the Boards attention the fact that the renewal on the
second anticipation note would be due again in October 1969 .
RESOLUTION # 65 $ 140 , 500 SERIAL BONDS
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Town Board authorize the issuance of an additional
$ 140 , 500 serial bonds of the Town of Dryden , to pay a part of the cost
of construction of a Sanitary Sewer System in Dryden Sewer District # 2 .
2nd Councilman Gridley Roll call vote - all voting YES
Attorney Amdur reported that in regard to Mr . Lucente ' s Trailer Park
the Town of Drydenjid not have to accept the roads as Town Roads for
the following reasons .
1 . Town is not required to accept all roads offered to
them .
2 . Since it is a Trailer Park rather than a Housing
development it could be called temporary as it could
all be moved out , then the Town would be left with
a batch of roads which would be hard to abandon .
3 . Highway Superintendent Case did not feel this would
be economically feasible to maintain roads on that
development as designed
RESOLUTION # 66 TOWN ROADS
Councilman Todd offered the following resolution and asked its adoption .
0 RESOLVED that this Town Board at this point is not interested in taking
o ver roads in any developments except approved Sub - Divisions .
2nd Councilman Gridley Roll call vote - all voting YES
Attorney Amdur reported she had talked with Mr . Lambert of the Carey
Insurance Company and their lawyer , Mr . Frederick Beck on the com -
pensation payment due for the year 1967 by the Town of Dryden . She
✓ eported that there was no evidence of any errors or misrepresentation
o n the part of the Town of Dryden . The error had been with Carey in
giving the Village population instead of the Town population and that
w e had not been notified of an error until November 1968 , even though
the Glensfall Insurance Company had assumed the error in 1966 and
n otified Carey at that time , Carey had not notified the Town and the
same error had been made in 1967 . She further stated that Supervisor
Lee had said we would not overlook our legimate obligations and she had
told Mr . Lambert the Town would settle for half the amount since it
was not in our budget for this year and that was not satisfactory to
him . A conference will beheld with Mrs . Amdur , Supervisor Lee , Mr .
Lambert and Mr . Beck .
252
LYLE ROAD - Attorney Amdur reported that Lyle Road had been accepted
by the Town when a Sub - Division had been planned in that area recently
the property has all been sold to Mnorx Corp . for the Warehouse and no
other building sites are now involved . The Town would like to discon -
tinue this as a Town Road and both Mr . Watson who owns LaFayette Elec .
and the Mnorx Corp is agreeable to the following . The Town will deed
back the upper half of the Road to Walt Watson and the lower half of
the Road to Mnorx Corp .
Attorney Amdur reported to the Town Board that Mr . Hurlbutt was making
changes on Plymouth Village , he had two apartment houses up and had
run out of water so instead of building more apartments he would like
to put up single family dwellings on four lots . She further reported
that this was only a report to the Board and that Mr . Hurlbutt would
have to go back to the Planning Board and a Public Hearing would be
held .
Attorney Amdur also reported that Mr . Sadd is planning for lots for •
his development at the present time smaller than the Zoning Ordinance
will permit should it be approved .
Assessor Wells reported that the tenative equalization rate for this
year will be 84 and the hearing will be ' eld in June . He further
stated that the Town is back to where it was last year . This rate
is taken from the period 1963 - 1965 and 1968 will not be used for
another three or four years . He reminded the Board that Grievance
Day will be June 17th from 9 : 30 A . M . - 3 : 30 P . M . and the cards will
be out between the 1st and 5th of June as required by Law .
JUSTICE REPORT :
Justice Hoagland $ 560 . 00 thru May 3 , 1969
Justice Newhart $ 950 . 00 thru May 3 , 1969
Mr . Charles Downey was present and reported to the Board that he had
✓ eceived a letter from the Voting Machine Company informing him that
they were discontinuing parts for machines lower than the 50 , 000 series .
He reported that we presently have five machines in the 35 , 000 series ,
however , he did not feel that the parts would wear out and did not
✓ ecommend new ones at this time , as they cost between $ 1600 . 00 - $ 1700 . 00
e ach . He did state that if and when they did break down or wear out we
could then face the possibility of either buying new ones or renting
some . The rental would be applied against the purchase cost if we later
decided to buy the machine . He asked the Board to purchase a new curtain
for one of the machines in Varna and also to purchase a spare .
Supervisor Lee read a letter from Mr . George Guest of the Tompkins
County Health Department replying to his letter of April 22 , 1969
concerning the Wallace Trailer Park Sewer problem . Mr . Guest informed
Supervisor Lee that Mr . Donohue of that Department had made an inspection
in that area , and his findings are that the Wallace Trailer Park does
n ot indicate any sewage exposures in the area , and the camp permit
indicates there is a septic tank and tile field on each trailer site .
Supervisor Lee read a letter from Mr . Guest replying to his letter
requesting information as to a sewage permit for Mr . Abbott ' s planned
Sub - Division on Hanshaw Road . Mr . Guest reported that the Health
Department did not have any plans on file for this Sub - Division . A
copy of Supervisor Lee ' s letter and a copy of Mr . Guest ' s letter was
sent to Mrs . Allen Hayes who had asked for this information at our
April Board Meeting .
Supervisor Lee read a letter from two residents of the Town of Dryden
who are concerned about the dumping of garbage on Irish Settlement Road
and the polluting of Six Mile Creek on the back of the Rumsey property .
Supervisor Lee wrote a letter to the Health Department and Mr . Guest
called that day saying they had not had time to inspect these two
situations before Board Meeting , however , they would take care of it
and report back to Supervisor Lee .
I �
Supervisor Lee read a letter from Mr . Leonard Snow informing him that
under Section 239 U of the General Municipal Law it provides for the
f creation of a Narcotic Guidance Council in a Township . This is to
consistNof three to five members to include a Clergyman , Attorney and
P hysician , and he also advised a Pharmacist . He suggested that the
Board should they decide to create such a council appoint Stephen
K iersznowski , Father Cleary , himself a person selected by the Board
of Education and a local physician . He further reported that he had
contacted none of the above named persons , he suggested a tentative
e
2 sL��,
budget for the first year of between $ 250 . 00 - $ 500 . 00 and felt the
endeavor should be non - partisan and non - political . Supervisor Lee
at this time stated he was aware of this law and had brought the question
to the County Board , as he previously felt it should be a Council for
the County rather than the Towns . After much discussion by the Board
and the fact the Council could only consist of five members it was
decided that Supervisor Lee should contact Mr . William Deming Principal
of the Dryden School System and find out how much of a problem this
was in Dryden . Supervisor Lee then will report back to the Town Board
and they can then decide whether or not they wish to establish such a
Council .
Supervisor Lee read a letter from Mrs . Bakes , Freese Road , Varna asking
if the State and Federal Government gave any money toward the Water
District in Varna , and asking if they had to pay for the Sewer District .
She also make the complaint of littering along that road , water having
no place to run going over the road and asking why the Town did not
send men each year as they used to , to clean ditches so the water could
rund down the hill . Supervisor Lee will talk with Mrs . Baker .
• Supervisor Lee read a letter from Mr . Charles Fotte , concerning the
water running down Snyder Hill Road onto his property , and asking
that this be corrected in the future .
FISCAL REPORT Balance 5 / 1 / 69
General Fund Checks $ 5 , 291 . 94
Deposits $ 20 , 995 . 84 $ 18 , 726 . 27
Highway Fund Checks $ 13 , 604 . 53
Deposits $ 5 , 904 . 19 164 , 516 . 43
Social Security 208 . 21
Health Insurance 2 , 992 . 51
Water # 1 6 , 818 . 23
Sewer # 1 12 , 225 . 88
Sewer # 2 2 , 088 . 97
Supervisor Lee reported to the Town Board that we would need an
Inspector for the Town of Dryden at the Sewer District Site in Varna .
He had talked with Highway Superintendent Case who had suggested Mr .
Walpole for the job as he worked for us on Water District # 1 in Varna .
Superintendent Case had talked with Mr . Walpole and he is available .
RESOLUTION # 67 APPOINT MR . WALPOLE
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Town Board appoint Mr . Walpole as Inspector for
the Town of Dryden on Sewer District # 2 project in Varna .
2nd UNMKXIMX Supervisor Lee Carried
RESOLUTION # 68 GENERAL BILLS
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that the General Bills be paid as audited .
2nd Councilman Cotterill Roll call vote - all voting YES
RESOLUTION # 69 HIGHWAY BILLS
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that the Highway Bills be paid as audited .
2nd Councilman Cotterill Roll call . vote - all voting YES
. COUNTY BRIEFING
Supervisor Lee reported there were no changes as far as the Community
College was concerned since the last Board Meeting .
County Sewer Committee still studying sites , and have at the present
time two possibilities .
Nothing new on the appointment of the Director of Budget and Admin -
istration .
RESOLUTION # 70 ADJOURNMENT
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Board Meeting be adjourned - 10 : 15 P . M .
2nd Councilman Gridley Carried
Gary A . Lee - Supervisor
Marlene Luss - Town Clerk
254
June 11 , 1969
Supervisor Lee called the monthly meeting to order at 7 P . M . Present were
Supervisor Lee , Councilmen Todd , Ogden , Gridley & Cotterill , Attorney
Amdur and Assessor Wells .
Supervisor Lee opened the meeting with the Pledge Allegiance to the flag .
Supervisor Lee asked the Councilmen if there were any corrections or
additions to the May Board Meeting Minutes . Being none they were approved
as sent out .
CITIZENS PRIVILEGE OF THE FLOOR :
Mr . & Mrs . Elmer Goehner were present and Mr . Goehner stated that if the
proposed zoning ordiance had gone to vote back in January 1969 it would
have passed over - whelmingly . He further stated that the proposed ordinance
as it is now is a far cry from the original as presented at the first
public Hearing last January . It is improved , however , it has a long way
to go yet . He felt the ordinance still needed to have adjustments made
as far as trailers on private lots areri concerned , mobile park homes and
some of the specifications regulating lot sizes and size of apartments
in family dwellings . He went on to say that we could put people in jail
if they don ' t comply but won ' t solve any of the problems , some people
can ' t afford to meet all the specifications and wouldn ' t if they could .
Attorney Amdur at this time stated that the Town was quite liberal in
asking trailer owners who wish to park on private land to fill out a
building permit and have it go to a Public Hearing because most zoning
ordinances in the State including Towns , Villages etc did not have this
provision . They had none at all for trailers on private lots . She further
stated that the ordinance did not touch trailers already in existance only
future trailers . Councilman Todd asked Mr . Goehner what he felt was just
in lot sizes ? Mr . Goehner felt that the Health Department should have the
say . If you have good drainage , use the land to the maximum , if you have
poor drainage they will specify the lot size needed in that particular area .
Attorney Amdur stated at this time that the Town and the Ordinance could
not defy the Health Department and asked Mr . Goehner what he considered a
good size lot . He felt if you had good drainage a one - half acre lot was
plenty but did state that some people would prefer a larger lot . He
further stated that the Health Department presently had 150 foot frontage .
His septic system on his lots will last from forty to fifty years and he
felt it was to bad to waste that much square footage . Councilman Todd
stated he was glad Mr . Goehner had come in to see the Town Board as he
felt Mr . Goehner had a legitimate axe to grind , and the Town Board must
consider this . Mr . Goehner went on to say that in his experience with his
apartment house most people even students wanted the second bedroom so they
would have some place to study and he felt 600 square feet for a secondary
unit was to small . He further stated that the City of Ithaca used total
Cellar or 50 % of the house and this was relatively trouble free , that the
two family home is the coming thing due to taxes etc . Mrs . Goehner stated
she did not go along with the off street parking provision because she felt
children should be in the side yard and the back yard not cars .
Mr . Rocco Lucente who was present stated at this time that in regards to
at sizes and water and sewer the Health Department was flexible , however ,
a zoning ordinance will not be . Mr . Lucente then took out a drawing of
his proposed trailer park and showed it to the Board Members . He stated '
they had changed this from the original copy the Town has as they had
increased the lot sizes from 55 x 100 to 55 x 125 as many of the mobile
homes were going from 12 x 65 to 12 x 75 . He now has 168 units instead of
178 units and added ten acres to this development . Supervisor Lee re -
quested that Mr . Lucente take the map with the new layout of roads to •
Highway Superintendent Case . Mr . Lucente stated that his roads in this
Park would be 50 foot roads and built to Town specifications . Councilman
Todd at this time told Mr . Lucente that he had stated at the May Board
Meeting that he would not agree while he was on this board to take over
any roads in any trailer park . This would present problems as other
Trailer Park owners would want the same service . Mr . Lucente stated
that he felt if the Town did accept these roads as Town roads he should
be assessed differently than others who will not have Town roads and
Service , and he is willing to pay for this service . Supervisor Lee thanked
Mr . Lucente for coming and told him he appreciated him keeping us informed .
RESOLUTION # 71 GENERAL BILLS
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that the General Bills be paid as audited .
2nd Councilman Cotterill Roll call vote - all voting YES
250
RESOLUTION # 72 HIGHWAY BILLS
Councilman Ogden offered the following resolution and asked its adoption .
RESOLVED that the Highway Bills be paid as audited .
2nd Councilman Gridley Roll call vote - all voting YES
STANDING COMMITTEES :
BUILDING & GROUNDS - Councilman Ogden had nothing to report at this
time . He has not had an opportunity to look into the prices of a
new polisher and buffer or see if the one we have can be fixed so
it works properly .
SANITATION & REFUSE - Councilman Todd had nothing to report at this
time . Mr . Collin ' s still has his dump open to residents of the Town
of Dryden per our contract until December 1969 .
PLANNING COMMITTEE - Councilman Ogden reported the Planning Board
had three proposals on Sub - Divisions which they are presently
considering .
COUNCILMEN ' S PRIVILEGE OF THE FLOOR :
Councilman Cotterill asked Supervisor Lee what was the problem on
Yellow Barn Road and Mr . Bob Everett . Supervisor Lee reported that ten
acres had been sold to Mr . Everett by Mr . Sadd on the west side of Yellow
Barn Road and he will be starting construction soon , and his problem is
ingress and egress .
Supervisor Lee further reported he had received a letter from Sage
Action , Inc . in reply to his ]etter asking them for their tenative time
schedule for building this Summer and was told they would not be putting
up a building this year , as business was to good to stop now and go into
building .
Supervisor Lee reported he had received a letter from Mr . Gilman Dedrick
in regard to Cortland Video charging the people in the Town of Dryden
for twelve ( 12 ) channel service and they had not received the 12 channels
as yet . Supervisor Lee wrote to Mr . Dedrick and suggested that he con -
tact the Customer Service Department at Cortland Video and express his
views . Attorney Amdur stated that the Town of Dryden does not have a
Contract with Cortland Video they have a Franchise which gives Cortland
Video the right to use the Town of Dryden right - of - way , however , the
Town Board could revoke the franchise if service is not in the interest
of the General Public .
Attorney Amdur reported that everything had been submitted to the State
Health Department for Sewer District # 2 except for the proof of Fire
Insurance . She asked Clerk Luss to write a letter to verify the Town
did have Fire Insurance on this project . Supervisor Lee reminded the
Town Board that a meeting would be held at Town Hall on the 25th of
June at 2 P . M . on Sewer District # 2 . It would be a progress meeting ,
himself , Attorney Amdur and Clerk Luss were to be present .
Attorney Amdur reported she had a detailed letter from Mr . Miller but
she did not at this time have anything on the easements in Sewer District
# 2 .
Attorney Amdur reported that the Bond Resolution had been passed and
published and she would like the Town Boards approval to go ahead and
write Sikes and Galaway and find out the best time to sell .
. RESOLUTION # 73 . CONTACT SIKES & GALLAWAY
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that this Town Board authorize Legal Counsel to contact Sikes &
Gallaway as to the best of their judgement when is the time to sell bonds .
2nd Councilman Ogden Carried
Attorney Amdur suggested to Supervisor Lee that he get an estimate from
Compagni Construction Company before June 25 , 1969 so we have an idea
of what we will need for the first payment .
Supervisor Lee reported he was concerned about the Dump being closed and
people dumping along the side of the road , so he had talked with the two
Town Justices who stated they would take these cases should we have any .
Supervisor Lee reported he had been receiving many calls from the Troopers
bout dust on Lyle Road , as they wash their cars every day and in no time
they are covered with dust . He asked Attorney Amdur if she would call
Walt Watson and ask him if he could get the machinery in motion to Deed
256
this road back to himself and the Warehouse . .
Fiscal Report Balance
General Fund $ 13 , 162 . 90
Highway Fund 148 , 665 . 12
Social Security Fund 958 . 55
Water District # 1 6 , 865 . 89
Sewer District # 1 12 , 225 . 88
Sewer District # 2 2 , 088 . 97
Health Insurance Fund 2 , 611 . 90
Taxes - Total Collected $ 272 , 502 . 62
Paid Supervisor 253 , 849 . 51
Paid Treasurer 18 , 034 . 05
Penalty Money 619 . 06
Supervisor Lee reported he had the petition against zoning from Bob Keech
but that it was a copy of the original . Attorney Amdur informed the
Board that the original would be needed in order for this to be a legal
document .
Supervisor Lee read a letter from Finger Lakes Stone Company , Inc . regard -
ing the land they purchased on the Ellis Hollow Road for their business
and the option they hold on additional land in that area , and that this
letter is to give notice of intention to use of this additional land
and building for business purposes so that the same will not be zoned
as to prohibit the continuance and furtherance of our business prior to
the passage of the proposed zoning ordinance , this letter of intent shall
be the basis of our claim of a non - conforming use .
Supervisor Lee read a letter from Stephen and Lenore Brown , Lower Creek
Road in the Town of Dryden favoring zoning .
Supervisor Lee read a letter from Herbert F . Schryver , Ellis Hollow Road
Town of Dryden favoring zoning .
Supervisor Lee reported to the Town Board that he had received a letter
from Milton Luger , Director for the Division for Youth that effective
April 1 , 1969 local assistance payments for the current State fiscal
year would be reduced five percent .
OLD BUSINESS
Attorney Amdur reported she was still working on the compensation payment
with Carey Insurance Company . She had nothing further to report at this
time .
Supervisor Lee reported he had received a letter from Mr . Foote , Snyder
Hill Road asking the Town of Dryden to do something about the ditches
on that road so the water did mt run down the hill onto his property .
Letter referred to Highway Superintendent Case .
Supervisor Lee reported he had talked with the gentleman representing
the State Liquor Authority in this area the other day about the intended
Dog- A - Go -Go . This meeting was a result of a letter written by Supervisor
Lee to the State Liquor Authority asking that a license not be issued
to this place of business due to a petition against it from area residents .
Supervisor Lee stated the following as reasons people in that area are
opposed to it .
1 . Should zoning be adopted it would be ; a non - conforming use .
2 . It is in the Airport Hazard Zone
3 . Proposed development - 144 apartment units , 250 houses
4 . State of New York owns the land across the road •
5 . The Report of New Construction filed in the Town Hall was
for a Supply House and not a Nightclub
Supervisor Lee further reported that he would be kept informed of the
progress on this from the State Liquor Authority .
NEW BUSINESS
RESOLUTION # 74 ELECTION CUSTODIANS
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Town Board appoint Charles ' Downey and John Morey as
Election Custodians for a one yearperiod at a salary of $ 200 . 00 each .
2nd Councilman Cotterill . Roll call r rvote - all voting YES
RESOLUTION # 75 ELECTION INSPECTORS 25171
Councilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Town Board appoint the following Election Inspectors
for a one year term at a rate of $ 1 . 60 per hour .
Republican Democrat
D istrict # 1 Agnes Snow Mrs . Daniel Seewald
Beverly Schaufler Lillian Church
Ruth Munch Fred Griffin
Ailene Brown
D istrict # 2 Mildred Sweet Zelda Weibly
Ralph Vantine Marilyn Czerenda
Mona Spaulding
D istrict # 3 Leona Sherman Edythe Humphrey
Nita Marion Suzanne Cardwell
D istrict # 4 Florence Payson Viena Ketola
• Ma± ie Petersen Beatrice Westfall
D istrict # 5 Gladys Stewart Verna Myers
Frances Terry Walter Westfall
D istrict # 6 Velma Blackman Josephine Talbot
Nettie Williams Nellie Fulkerson
Barbara Frank
D istrict # 7 Rena Kirk Rosalie Yarosh
Florence Seaman Barbara Ensign
2nd Councilman Cotterill Roll call vote - all voting YES.
Supervisor Lee reminded the Board that Tuesday June 17th was Greivance
D ay and asked if they were willing to work a morning or afternoon shift
as last year . - Morning - Supervisor Lee
Councilman Gridley
Afternoon- Councilmen , Cotterill , Ogden & Todd
Clerk Luss reported that Mrs . Wallenbeck would be working all day Tuesday
taking minutes on the greivances . She asked the Board if they would like
to have her contact Mrs . Fortner and ask her to work from 12 noon on
as she would have to leave the office when the polls opened for Primary .
Supervisor Lee and the Board members decided they could use Mrs . Fortner
and Clerk Luss was instructed to contact her .
Supervisor Lee reported that the Town of Dryden had received a very high
rating from the State Auditor before he left . He stated that they held
a meeting prior to his leave and there were some minor changes that need -
ed to be made , such as the Highway Superintendent signing all highway
bills before submitting them for payment , and logging time in and out
for payment of mileage . He further stated the Auditor had suggested
that the Town hire a C . P . A . each year to go over the books and he would
like approval from the Town Board to talk with John Carpenter and get
a cost figure . This was approved by all the Councilmen .
Supervisor Lee asked the Board when they would like to start their work
sessions on the zoning ordinance . It was decided they would all meet
for the first session on June 24th at 7 P . M . and hopefully meet every
night that week .
COUNTY BRIEFING
Supervisor Lee reported that the Boards of Supervisors for Cortland and
0 Tompkins Counties had voted Monday on the College site for Tompkins -
Cortland Community College . Cortland had voted 20 - 0 in favor of the
Dryden site north of the Village . Tompkins County had a 7 - 7 tie vote .
They would hold a joint session Monday June 16th at 10 A . M . to vote again .
He stated he felt the major reasons for the tie vote in Tompkins County
was due to - to much acreage , economy and extension of water and sewer
service .
Sales Tax - Supervisor Lee reported that meetings have been held between
the County and the City and no definite decisions have been reached yet .
RESOLUTION # 76 ADJOURNMENT
Countilman Todd offered the following resolution and asked its adoption .
RESOLVED that this Board Meeting be adjourned - 9 P . M .
2nd Councilman Ogden Carried
Gary A . Lee - Supervisor
Marlene Luss - Town Clerk