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HomeMy WebLinkAbout1971-05-11 139 May 11 , 1971 Minutes of the Regular Monthly Meeting of the Town Board of the Town of D ryden held May 11 , 1971 , at the Varna Community Center in the Hamlet of Varna , commencing at 7 : 30 P . M . Present were Supervisor McCord , Councilmen G ridley , Cotterill , Tarr and Webb . Absent were Attorney Amdur , Zoning O fficer Stewart and Town Clerk , Mrs . Stelick . The Meeting was called to order by Supervisor McCord . "- -‘ Supervisor McCord asked the Board if there were any corrections or additions to Minutes of the Public Hearing of April 6th and the Minutes of the Regular Monthly Meeting of April 13th , being none the Minutes were approved as sent . "' CITIZENS PRIVILEGE OF THE FLOOR . Mr . L . B . Hardesty was present and withdrew his application for a Planned Development and said he will reapply next month when his plans are finalized . H arold Case wanted to know if the Town has ever received the Federal and State funds toward the sewer business in Varna . Supervisor McCord reported that the State had audited just a few days ago and hopes for some money in about, six weeks . Mr . Case was unhappy over the fact that Mr . Relyea ( Taggin Wagon Park ) was given permission to tap into the water supply for a temporary time . Supervisor McCord said that when you consider the alternative of 125 families without water , it gets a little sticky when you try to refuse the water when its right there and he paid the same rate as everyone else . Mr . Case expressed concern with this happening again . Mr . William Krantz of Dryden appeard and claimed that he had permission two years ago to put in a trailer park behind his diner on North Street . He claimed he paid $ 10 . 00 and got a Special Permit . He stated in form of a letter read by Mrs . Rounds that he has been preparing the grounds for his park and that he has a 500 gallon septic tank behind the house . At ' this point ,. Mr . Krantz wanted to know why he had to go through all this to put in 2 or 3 trailers . Supervisor McCord said he was not familiar with the problem . Mr . Krantz said the Board of Health is holding him up as they say he does not have a septic tank and he claimed to have proof that he does have proof by way of the contractor who installed the tank . He said he has received a notice of violation from the Zoning Officer giving him 48 hours to get the trailer off the property . Mr . Krantz said he did not have the letter with him but he would go get it and be back before the meeting was adjourned . Supervisor McCord said that a permit is granted on approval that the septic system meets Health Department requirements and it sounded like it was between Mr . Krantz and the Health Department . It was pointed out that it was an allowed use in a; CB Zone and the only requirement he would have to meet ( besides lot size ) would be Health Dept . approval . It was noted that Zoning Officer Stewart was attending a Zoning Board of Appeals Meeting and Attorney Amdur was absent due to illness , there - fore , no one was there who could explain the circumstances . There was much confusion as to how he was issued a permit two years ago when zoning has not been in force that long . Mr . Krantz stated that he was going to hook up his trailers regardless : Mr . DiGiaccomo complained about the Sanitary Landfill and requested that some of the Board Members go and look at it . Councilman Cotterili reported • that he was there Saturday and said it definitely is filling up much faster than was expected . Mr . DiGiaccomo reported that they are dumping on top of 111 the ground and papers are blowing all over . Supervisor McCord said he did call Mr . Ligouri and complained about it that week . Once again Jeanne Vanderbilt expressed dissatisfaction with the selection of site . 1 Jeanne Vanderbilt wanted to know if Superintendent Case had been invited to attent the Board Meeting . Supervisor McCord said he was , but was un- able to come . F . ] ' • ' . . -. : . . ° . . There was disucssion about litter along the highways . There were complaints of dumping trash on the side of the roads especially on Irish Settlement Road . The question was raised whether the Town is adequately staffed to supervise the zoning laws . Supervisor McCord that we currently have a full - time zoning officer and if it appears to be more than one man .; can handle , then it will be taken into consideration when setting up next year ' s budget . 140 COUNCILMEN PRIVLEGE OF THE FLOOR Councilman Cotterill reported that the Zoning Officer has done a lot of work in trying to help the Grange put together a Town Directory . : Hel `reported thatr'the directory is very near completion and hope to have it printed by July . He said there will probably be some errors and urged the people to contact the Zoning Officer or Town Clerk if they had any errors or changes to report . . Councilman Webb reported that the billboard are really active this spring and that Zoning Officer Stewart is working diligently on this situation . He also noted that it seems to be the trend for people to disobey the laws including zoning and that it is impossible to have complete control1. ATTORNEY No report - absent due to illness . • TOWN CLERK No report - absent due to illness . ZONING OFFICER Absent due to a conflicting meeting with. the Zoning. Board of Appeals . Supervisor McCord read a report from Zoning Officer Stewart , as follows : Issued 23 permits since 4 / 13 / 71 . : .. n ' ;A •• j' 15 complaints re violations - 4 were not violations , 3 violations have been turned over to the Court , 4 violations being taken care of without court action and 4 cases under investigation . Public Hearing has been set for May 25th re two ( 2 ) billboards on Route 13 north of Dryden . This Hearing will be at the Town Hall at 7 : 30 P . M . ' ` CORRESPONDENCE Supervisor McCord read a letter from Mr . Leonard Snow of the DrydenKawanis Club '_. informing the Board that they had passed a resolution r.ecogniz ngrthe usefulness of Youth Court and urged the support by local and st' ate" gjovern- ments in the financing and establishing a Youth Court in the Town of Dryden Supervisor McCord reported that he received a letter from Senator Theodore D . Day and also from Henry Diamond, both informing the Board that the $ 190 , 000 for the feasibility study of the Cayuga Basin Study has been deleted from the 1971 - 72 budget . RESOLUTION # 74 HIGHWAY BILLS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that the Highway Bills be paid as audited . 2nd Councilman Webb Roll call vote - all voting YES wi RESOLUTION # 75 GENERAL BILLS Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that the General Bills be paid as audited . 2nd Councilman Tarr Roll call vote - all voting YES FINANCIAL REPORT Highway Fund : Beginning Balance 4 - 1 - 71 $ 134 , 322 . 51 • Add : Receipts 18 , 879 . 05 $ 153 , 201 . 56 Less : Disbursements 28 , 782 . 36 $ 124 , 419 . 20 Add : Redeemed Investment 50 , 375 . 00 Ending Balance 4 - 30 - 71 $ 174 , 794 ._ 20. General Fund : Beginning Balance 4 - 1 - 71 $ : :. 15 , 67.2 . 31 Add : Receipts 21 , 959 . 08 Interest 125 . 00 $ 37 , 756 . 39 Less : Disbursements 6 , 983 . 11 Ending Balance 4 - 30 - 71 $ 30 , 773 . 28 14 JUSTICE REPORT Justice Hoagland $ 1693 . 50 Justice Newhart $ 1458 . 00 RESOLUTION # 76 AUTHORIZING EXCHANGES OF ROADS BETWEEN • THE TOWN OF DRYDEN AND COUNTY OF TOMPKINS Councilman Cotterill offered the following resolution and asked its adopti RESOLVED that the Town of Dryden exchange N . Caswell Road ( 2 . 05 miles ) for Gee Hill ( County Rt . # 112 ) ( 0 . 47 miles ) and McClintock Road ( County Rt # 17 ( 1 . . 30 miles ) , and also be it . RESOLVED that same roads to be changed back should the County Sanitary Landfill be terminated . 2nd Councilman Gridley Roll call vote - all voting YES III RESOLUTION # 77 HEALTH INSURANCE Supervisor McCord offered the following resolution and asked its adoption . RESOLVED that the Town of Dryden will pay 50 % of the insurance cost oh the Retiree and 35 % on the retiree ' s dependent as required by the State Health Insurance Program . 2nd Councilman Cotterill Roll call vote - all voting YES YOUTH COURT G eorge Patte reported on the activities of the Dryden Youth Court . He reported they have had one trial , 2 cases pending and one pleaded guilty . P resently has about 10 students taking the training course supervised by h im . They are working on fund raising projects . He reported that they are still short of finances and requested any financial help the Town could give them . COUNTY BRIEFING Mrs . ! Schickel apologized for being late . Full Time D . A . : Passed a resolution and the position of full time District Attorney will begin 1 / 1 / and will be a elected official for a three year term . TC3 : Authorized the Tompkins. Cortland Community College to go ahead and hire the architect and Cost Consultant for Phase II of the College . Drug Co - ordinator : A proposal h as been presented to the Board for such a co - ordinator to go over various programs going on in the county and for educational purposes and to look into funding . It has a budget of $ 27 , 000 for the total program including the co- ordinator . Mrs . Schickel requested questions on this matter as the Board has not passed on this yet . Re- apportionment : The County has to be re - apportioned and they are going to be setting up a Committee for this purpose and will have people from all over the county . She asked if the Town had anyone they would like to recommend for this . committee . County Environmental Management Council : Passed a resolution to form this Council It will be an advisory type capacity . There will be . a member from the Town o f Dryden and the Village of Dryden . She asked for recommendations for someone to serve on this committee . Co - operative Extension : They gave authority to the Co - operative Extension and okayed the contract for a field team with Cornell University and other counties , did not okay any funds . Interest Fee - County Taxes : They passed a resolution reducing interest from 10 % to 6 % on unpaid county taxes . Mortgage Tax apportionmen The Town of Dryden will receive $ 17 , 173 . 25 according to Mrs . Schickel . Sales Tax Distribution : Will be distributed throughout the county by population rather than by assessment . The Town of Dryden will get a larger credit . Itpointmentzi Board of neaith - Dr . Galvin ; EOC Board - Mr . Nobels • At this time Supervisor Co or Mrd • informed Mrs .. Schickel that the Town of Dry has . been working with the State Drug Co - ordinator out of Syracuse . He . e xpressed concern about duplication of efforts . He requested copies of the proposal and the budget from Mrs . Schickel . He felt there should be thorou discussion on this . He noted to Mrs . Schickel tliat there was earlier : discussion re Sanitary Landfill maintainencenedess roads ( difficult to . travel over ) . Councilman Cotterill wanted to know about the survey that Mr Lee said was taking place . Mrs . Schickel reported that they are counting t . cars the 1st week of each month : 100 cars during the weekdays and 200 - 300 during the weekend ( Saturday ) . Councilman Cotterill said he would like to know , now that its been in operation for almost a year , what they predict . the life use of this site will be . Mrs . Schickel said she would speak to tl proper committee regarding the Landfill . Mr . Krantz returned with the letter from the Zoning Officer citing Mr . Kral in violation of placing a mobile home on property which is not an allowed u se in a CD zone without a permit and gave him 48 hours to removethe trait Supervisor McCord said he did not have enough information and he would fin( out about the violation and promised him an answer as soon as possible . Meeting adjourned Charles G . McCord - Supervii Rosemary Stelick a Town Clive , [ 2 May 25 , 1971 PUBLIC HEARING The Public Hearing was called to Order by Supervisor McCord at the Dryde Town Hall on the 25th of May at 7 : 30 P . M . Present were Supervisor McCor • , Councilmen Gridley , Cotterill and Webb , Attorney Amdur and Zoning Office Stewart . Absent was Councilman Tarr . . Also present were Mr . and Mrs. . George Hanford , Eva Cole , Mr and Mrs . Fay - Ballard , Wes Stairs , Mr . S'od`der ; T and a representative from the Tri - Stat = D isplay Company . i Supervisor McCord reported that the purpose of this Hearing was to allow d iscussion regarding the erection of 2 billboards on the property of Pin : Tree Farms on Route 13 north of Dryden . The request for these billboards was made by Mr . Frank Foti of the Tri - State Display , Inc . Supervisor • McCord reported that the signs are to be converted is : one 6x12 foot Cortland Motel sign to a 10x20 foot Marine Midline sign and one 5x8 foot Genesee Beer sign to a 6x12 foot Cortland Motel sign . Supervisor McCord read a letter from Mrs . Ellen Bonn of Etna strongly urting the denial of the request for erection of the billboards on the grounds ' hat billboards create traffic hazards and visual pollution . Another letter rom Mrs . Selma Nielsen of Dryden Road also urged that the Board deny the permit on the grounds that billboards are detrimental to highway safety , lowers g o f property values and visual pollution . Supervisor McCord called on Zoning Officer Stewart for a report . Mr . St - wart reported that he had originally sent a notice of zoning violation when h - ✓ ealized that the Marine Midline sign had been moved from its location o Route 13 to the Pine Tree Farms and also that another sign had been erec ed on the same property . Mr . 'S.od.de.r.. . said he was opposed to any more signs in that area . He said there are seven ( 7 ) signs on Pine Tree Farms within a distance of four- tenths of a mile . He referred to it as " billboard alley " . Wes Stairs spoke in favor and opinioned that a man should be able to do what he wants with his own property . Mr . Anderson, owner of Pine Tree Farms , was much against the control that the Board was exercising in telling them they had to have a permit and charging for it . He felt that he has paid enough taxes over the years , that h eyshouldn ' t have to pay for a permit to! ,. erect the billboards . _ , Zoning Officer Stewart presented the Board with pictures of the past an . present signs . The new signs were definitely larger . The representative from the sign company explained that they were told ' hey h ad to move a sign off the Hemingway property ( body shop ) as it had bee sold and the new owner did not wish to have the sign on his property . T ey thought they were suppose to take down the Cortland Motel sign and they did only to find out that they had taken down to wrong sign . So they put t e Marine Midline sign where the Cortland Motel sign had been and they moved the Cortland Motel sign to where the Genesee Beer sign was . The Cortlan • . Motel sign is bigger ( 6x12 ) than the Genesee Beer sign ( 5x8 ) and the Maine Midline is bigger ( 10x20 ) than the Cortland Motel sign ( 6x12 ) . Mrs . Ruth Hanford said she was against the billboards as they are an aw ul • sight . . D iscussion was had on whether the sign company could return to the orig nal signs in the event that they were not granted a permit . Attorney Amdur said this was possible if done within a year . Closed Public Hearing at 8 : 15 P . M ., EXECUTIVE SESSION Opened at 8 : 20 P . M . Discussion was had on the set -back requirements of the Marine Midline billboard . Zoning Officer Stewart said he had not checked measurements 0 j I i (` Section 1502 , 9 . Billboards , to wit : 30 feet from the .right of way ` line . ( Route 13 is 66 feet wide at this point , and the billboard ,. . , : • ' 1Ewould . therefore have to be placed 63 feet from the center . ofthe , • :I -" ` road in order to comply with the provisions of the ordinance). �a I : IThe Zoning Officer was --requested to measure the distances from . Hithe center line of the road and report to the Board . • _ Note : The Zoning Officer subsequently reported to the Board . _.._.._- • that each billboard was situate 55 feet from the center of Route 13 h • After all the parties present at the . hearin ; were heard , ' the meeting was ' adjourned . • ' FINDINGS OF FACT : • fY Upon consideration of all the -submitted material , . and and state - 4 ments at the hearing , the Board finds that the billboards in • ` question require application for a special permit , of the . . l ' I difference in size between the existing billboards and their re -- I f placements . The Board finds that the billboards are situate too close to the right of way line and that they constitute a . . detrimental affect upon the adjacent properties in the area , and a eie • otential traffic hazard . t • N . DECISION : It was unanimously decided '-by . the Town Board , ( Councilman { Tarr having been apprised of all of the facts and circumstances • I • ' surrounding the application - that , the special r. ermits be denied . ' i ` Dated : Dryden , New„ York / • _� ! June 8 , 1971 . / '_- .��-' - � -. - SUPERVISOR • • • 0 • • • • • • , . i ; 1 • , • . • t P _. •{ ' ' ' ,. 7 RE : Pine Tree Farms , Inc . - Tri - State Displays , Inc . { Town Board Public Hearing held on May 25 , 1971 at 7 : 30 P . M . - at Town Hall , Town of Dryden for a Special Permit to construct two; billboards on the Pine Tree Farms , located on Route 13 . The Public Hearing was duly advertised and individual notices of the hearing were mailed to adjacent property owners . : PRESENT : Super. visor :, Charles McCord , Councilmen ; Clinton Cotterill , Lewis Gridley and Merton Webb . • i ! REVIEW OF HEARING : HA representative of Tr - State Displays , Inc . , the sign compan ' , was present at the hearing , and Mr . Anderson of Pine Tree_ Farms , , Inc . appeared , also , in support of the application . 1 There were two existing billboards on the sites in question , • I . which had been in existence for many years prior to the adoption of the zoning ordinance . One billboard was 6x12 sign advertising I the Cortland Motel , which was replaced by a billboard 10x20 advertising Marine Midland . The Cortland Motel billboard re - placed a double - faced 5x8 Genesee beer billboard , the latter being removed from the premises . Objections to the billboards were , raised by letters which were read at the hearing opposition were made and statements in o p 1 � ) Mr . Sodder , a neighbor and others '' on the basis that such signs constitute visual pollution and . a traffic hazard . Mr . Anderson stated that the signs had been in existence fc . a long time , that he paid taxes on them , and that he should be • allowed to make use of his own property in any that he saw f Photographs of the sites ; before and after , were submitted z. • by the Zoning Officer and made ' part of the file . There was an indication of a change in the supporting frame for one of the 1/4Y billboards . The question arose as to whether the newly placed . billboar ! were situate closer to the right of way line than permitted unc 3 • _ I _ - 4 t - 143 from the road but would do so . . .Attorney: Amdur said It must be 30 .feet from the road right. ;of way . Decision was defered until measurements were checked . Adjourned 8 : 30 P . M . • SPECIAL MEETING • May 27 , 1971 • Zoning Officer reported to the Board that the billboards were 55 feet from the center of Route 13 . RESOLUTION # 78 DENY PERMIT FOR 'BILLBOARDS Supervisor McCord offered the following resolution and c_askedd its adoption . RESOLVED that this Board deny the Special Permit to Tri - State Displays , Inc . to locate two billboards on the Pine Tree Farms property on Route 13 north of Dryd'en ' . on : thefg "rounds that the billboards are situate too close to the right of way line and that they constitute a . detrimental affect upon the adjacent properties in the area , and a potential traffic hazard . 2nd Councilman Webb Roll call vote - all voting YES Adj ourned Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk