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HomeMy WebLinkAbout1972-03-07 194 • PUBLIC HEARING March 7 , 1972 Public Hearing was called to order at 7 : 35 P . M . by Deputy Supervisor Gridley . Present were Deputy Supervisor Gridley , Councilmen Cotterill and Webb , Attorney Amdur and Zoning Officer Stewart . Absent : Supervisor McCord and Councilman Tarr . Deputy Supervisor Gridley reported the purpose of this Hearing was the application by Carl Foote for a Special Permit to construct a building at 359 Dryden- Harford Rd . , Dryden , N . Y . Mr . Foote reported that it will be a two - story wooden construction that will have office and storage for his business ( Acme Pest Control ) on the ground floor and a two - bedroom apartment on the second story . The size • of the building will be 25x30 . He further reported that the garage will be in the back and there will be side parking for two or three cars . He presented his plans to the Board for their consideration . Being no further questions or comments , and no one having appeared to question the applicant , the Public Hearing was declared closed . At this time , the consensus of the Board was to make decision . RESOLUTION # 43 GRANT SPECIAL PERMIT TO CARL ': FOOTE Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Carl Foote to construct a two - story building at 359 Dryden- Harford Rd . for the purpose of an office and storage space for Acme Pest Control and apartment on the second floor . 2nd Councilman Webb Carried . Adjourned 7 : 45 P . M . Lewis Gridley - Deputy Supervisor Rosemary Stelick - Town Clerk r • ' 95 March 14 , 1972 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Dryden held March 14 , 1972 , at the Town Hall , commencing at 7 : 30 P . M . Present : Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb , Attorney Amdur and Zoning Officer Stewart . Meeting was called to order by Supervisor McCord ; and opened with the Pledge Allegiance to the Flag . Roll Call was by the Town Clerk . Supervisor McCord asked the Board if there were any additions or corrections to the minutes of the February 8th Board Meeting . Motion was made by Councilman Gridley , seconded by Councilman Cotterill , that the Minutes of the Regular Board Meeting of February 8 , 1972 , be • approved as submitted . COUNCILMAN PRIVILEGE OF THE FLOOR Councilman Cotterill reported that he attended the Village of Dryden Board Meeting and they are considering extending sewer lines up East Main Street and this would mean that we would be able to hook up the town buildings . He also reported that there was discussion regarding repair and maintenance of the East Main Street bridge . Councilman Cotterill reported that he talked with Highway Superintendent Case and he replied that if the Village went ahead with doing their share , he would go ahead with the town ' s share . TOWN CLERK : Tax collection to date : $ 364 , 773 . 30 ; turned over $ 192 . 19 , penalties collected for the month of February , to Supervisor McCord . ZONING OFFICER : Reported he has issued five permits since last month . Public Hearing for Special Permit is scheduled for March 28th at 8 : 00 P . M . YOUTH COURT REPORT : Mr . DeCelles reported they had one case of loitering on the school grounds and the youth was found innocent . They have two cases pending , one for petty larceny and the other for overwidth vehicle . Discussion was had about the cases . He also reported that he is teaching the bar course . They have approximately $ 145 . 00 in their treasury . CORRESPONDENCE : Letter from Mr . Deming of the Dryden School acknowledging receipt of (311 . 90 from the McArthur Fund . Copy of a letter from Mrs . Seebass to Mr . Waters ; State Highway Commissioner , regarding the speed limit on Ellis Hollow Road . RESOLUTION # 44 HIGHWAY BILLS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Highway Bills numbered 86 to 117 in the total amount of $ 6 , 099 . 38 be paid as audited . 2nd Councilman Webb Roll Call Vote - all Voting YES RESOLUTION # 45 GENERAL BILLS Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that the General Bills numbered from 53 to 70 in the total amount of $ 819 . 73 be paid as audited . 2nd Councilman Tarr Roll Call Vote - all Voting YES TOWN JUSTICES : Total Collection in fines $ 2735 . • FINANCIAL REPORT : Highway Fund : • Beginning Balance 2 - 1 - 72 $ 101 , 967 . 65 Add : Receipts 161 , 788 . 54 $ 263 , 756 . 19 Less : Disbursements 16 , 087 . 68 $ 247 , 668 . 51 Less : Investment - 130 , 000 . 00 Ending Balance 2 - 29 - 72 $ 117 , 668 . 51 196 FINANCIAL REPORT ( Continued ) General Fund : Beginning Balance 2 - 1 - 72 $ 46 , 049 . 02 Add : Receipts 687 . 14 . $ 46 , 736 . 16 Less : Disbursements 33 , 049 . 32 $ 13 , 686 . 84 Add : Redeemed Investment 35 , 161 . 59 $ 4 , 848 . 43 L ess : Invest 613 . 17 E nding Balance 2 - 29 - 72 $ 48 , 235 . 26 RESOLUTION # 46 TRANSFER FUNDS Councilman Gridley offered the following resolution and asked its adoption RESOLVED , that the Supervisor be authorized to transfer $ 10 , 000 . 00 to Highway Fund , Item ! , as follows : $ 1 , 300 . 00 from General Fund Account # A9540 . 9 to DS - 2810 ; $ 8 , 700 . 00 from surplus monies at the end of 1971 , which was invested in a Certificate of Deposit maturing 3 / 10 / 72 . 2nd Councilman Cotterill Roll Call Vote - all Voting YES OLD BUSINESS Snowmobile Ordinance : Councilman Tarr reported that the snowmobile test has been completed and the 300 foot distance around the antenna tower is adequate and no interference was caused by the snowmobiles at this point . It was noted that interference did become noticable at 200 feet and less . Councilman Cotterill verified this statement . RESOLUTION # 47 ADOPT AMENDMENTS - SNOWMOBILE ORDINANCE Councilman Gridley offered the following resolution and asked its adoption . WHEREAS , the snowmobile test having been completed and 300 foot distance found to be adequate , now , therefore , be it RESOLVED , that this Board adopt the amendments to the Snowmobile Ordinance as presented at a Public Hearing held November 30 , 1971 , with the addition o f Besemer Hill Road to Town of Caroline Line , which was inadvertently omitted from the Notice of Public Hearing . 2nd Councilman Cotterill Roll Call Vote - all Voting YES WATER DISTRICT NO . 1 Supervisor McCord reported that there has not been much progress in gettin the Board of Public Works to lift the moratorium . Committee has been formed from the City Council , Towns of Ithaca ., Lansing , Dryden and Village of Cayuga Heights , trying to work out some agreement that would be acceptable to all parties , namely lifting the nioratorium . b ,y April 10th . Supervisor McCord read a letter written by Attorney Amdur to David Gersh , City Attorney , requesting that in view of the recent charter amendment giving the Common Council the power to over rule decisions of the BPW , that this be considered and discussed at their next meeting . She also stated that the only notice received from the BPW was dated 2 / 16 / 72 and did not :- specify if there was insufficient water supply or insufficient pressure or anything ✓ elative to anticipated water shortage . She received word that a meeting will be scheduled with Supervisor McCord , Supervisor Schwan , Common Council and a representative from BPW . Mr . Robert Relyea ( officer from Taggin Wagon Park , Inc . ) was present and stated that their present tax burden has reached 38 . 5 % of their gross income due to the latest water and sewer assessment ' increases because of the non- growth and costs to the special district . He said the City ' s refusal to hookup new water services in the district is forcing additional costs on the existing residents . He urged positive action from the Board to get this situation resolved as quickly as possible otherwise they would have to seek action against the town and city . Super - ✓ isor i McCord replied that they would proceed as fast as possiblejr. e breach of contract on the moratorium . Mr . Relyea asked the Board to consider making a recommendation to the Planning Board . Said recommendation being that any further subdivisions within the Town of Dryden where subdivision ✓ oads come into townroads or into state highways with a grading of either 5 or 7 per cent , that they be required to curb and gutter or storm sewer those areas . He requested this because three roads have had to be rebuilt in the last year at the expense of the taxpayers . NEW BUSINESS Building Plans : Councilman Gridley reported that he has given ;it some thought and recommended moving the Town Clerk ' s office ( 437 sq . Ft ) into the room with the vault ( presently Board Room ) and putting in a fold - away petition and block off a section to be used for another purpose . ! He has talked with Mayor Watros , they , too , are faced with the lack of 'space , and asked if it would be possible to hold court at the Village Hall . : Mayor 197 Watros said he would give it some thought . Councilman Gridley said he w ould continue to pursue thoughts with Mayor Watros in hope that something can be worked out . . . The possibility of a . town- village building was discussed . Supervisor McCord said we need some documentation of use , numbers and projections in the future , then we might consult an architect . RESOLUTION # 48 RETIREMENT SYSTEM PARTICIPATION Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the Town Board of the Town of Dryden of the State of New York , elects to participate as an employer in the New York State Employees ' Retirement System and approves of the inclusion of its officers and Illemployees in such System , in accordance with any and all of the laws governing such participation as set forth in the Retirement and Social Security Laws , as presently or hereafter amended , together with any administrative rule , regulation or directive governing same , including full time allowance for prior service as permitted therein . • 2nd Councilman Cotterill Roll Call Vote - all Voting YES RESOLUTION # 49 RETIREMENT SYSTEM PROVISIONS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the Town Board of the Town of Dryden of the State of New York , does hereby elect to come under the provisions of Chapter 1006 of the Laws of 1966 , as presently or hereafter amended , and entitled " An act to amend the Retirement and Social Security Law , in relation to establishing n on - contributory retirement plans and ordinary death benefits for state employees and members of participating employers " ; and , BE IT FURTHER RESOLVED , that the members ' contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll beginning immediately . 2nd Councilman Gridley Roll Call Vote - all Voting YES COUNTY BRIEFING Mrs . Schickel reported that she had talked with Mr . Stevenson re Sanitary Landfill about Councilman Webb ' s inquiries . Mr . Stevenson reported to her that they have to keep the digging at a foot or two above the water level . He admitted that it was filling up much faster than they had anticipated . Demolition of County Buildings : Will begin the first of the week . Plan to u tilize the building presently housing the Assessment Office and personnel and also the Boardman House for office space . No concrete plans for a new building yet . Fire & Disaster Comtordinator : Will be housed at the airport . It will be a dual participation between the county and city . TC3 : Funding is presently frozen and hope the college will be reinstated in the state supplementary budget . Sewer Dist . # 1 : Approved this district which includes a small area of the town . Hospital : Hospital Board is going to review architects for either extension or addition to the hospital or a new facility or modifying the ones they have . Supervisor McCord requested that our representatives stay sensitive to the fact that it is a Tompkins County Hospital and that we are all paying taxes toward its support and yet for a fair number of residents of the Town of Dryden ( and Groton ) it does not ✓ eally serve them . He said if they are considering a new building , they might want to consider a regional aspect . Assessment Review Board : Consists of Mr . Cole , Mr . Herring and Mr . Lutz . Discussion was had on the take over of a road ( 1200 feet ) that runs from Route 366 down to Forest Home . The state will build the bridges to the county specifications if the county will take over the bridges and the towns of Ithaca and Dryden take_ over the road . Supervisor McCord said he 411 needs more information before the board tan take any action . RESOLUTION # 50 APPROVAL OF DRUG COUNCIL VOUCHERS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this Board authorize approval for payment of outstanding bills ( Iroquois Telephone Corp . # 71 , $ 41 . 75; and Mrs . Jack Graham # 72 , $ 14 . 00 ) so that we can meet the State Aid deadline . 2nd Councilman Tarr Roll Call Vote - all voting YES Meeting Adjourned 9 : 15 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk 197 Watros said he would give it some thought . Councilman Gridley said he would continue to pursue thoughts with Mayor Watros in hope that something can be worked out . . . The possibility of a _ town - village building was discussed . Supervisor McCord said we need some documentation of use , numbers and projections in the future , then we might consult an architect . RESOLUTION # 48 RETIREMENT SYSTEM PARTICIPATION Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the Town Board of the Town of Dryden of the State of New York , elects to participate as an employer in the New York State Employees ' Retirement System and approves of the inclusion of its officers and employees in such System , in accordance with any and all of the laws governing such participation as set forth in the Retirement and Social Security Laws , as presently or hereafter amended , together with any administrative rule , regulation or directive governing same , including full time allowance for prior service as permitted therein . • 2nd Councilman Cotterill Roll Call Vote . - all Voting YES RESOLUTION # 49 RETIREMENT SYSTEM PROVISIONS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the Town Board of the Town of Dryden of the State of New York , does hereby elect to come under the provisions of Chapter 1006 of the Laws of 1966 , as presently or hereafter amended , and entitled " An act to amend the Retirement and Social Security Law , in relation to establishing n on - contributory retirement plans and ordinary death benefits for state employees and members of participating employers " . ; and , BE IT FURTHER RESOLVED , that the members ' contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll beginning immediately . 2nd Councilman Gridley Roll Call Vote - all Voting YES COUNTY BRIEFING Mrs . Schickel reported that she had talked with Mr . Stevenson re Sanitary Landfill about Councilman Webb ' s inquiries . Mr . Stevenson reported to her that they have to keep the digging at a foot or two above the water level . He admitted that it was filling up much faster than they had anticipated . Demolition of County Buildings : Will begin the first of the week . Plan to u tilize the building presently housing the Assessment Office and personnel and also the Boardman House for office space . No concrete plans for a new building yet . Fire & Disaster Co -ordinator : Will be housed at the airport . It will be a dual participation between the county and city . TC3 : Funding is presently frozen and hope the college will be reinstated in the state supplementary budget . Sewer Dist . # 1 : Approved this district which includes a small area of the town . Hospital : Hospital Board is going to review architects for either extension or addition to the hospital or a new facility or modifying the ones they have . Supervisor McCord requested that our representatives stay sensitive to the fact that it is a Tompkins County Hospital and that we are all paying taxes toward its support and yet for a fair number of residents of the Town of Dryden ( and Groton ) . it does not ✓ eally serve them . He said if they are considering a new building , they might want to consider a regional aspect . Assessment Review Board : Consists of Mr . Cole , Mr . Herring and Mr . Lutz . Discussion was had on the take over of a road ( 1200 feet ) that runs from Route 366 down to Forest Home . The state will build the bridges to the county specifications if the county will take over the bridges and the towns of Ithaca and Dryden take_ over the road . Supervisor McCord said he needs more information before the board can take any action . • RESOLUTION # 50 APPROVAL OF DRUG COUNCIL VOUCHERS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this Board authorize approval for payment of outstanding bills ( Iroquois Telephone Corp . # 71 , $ 41 . 75; and Mrs . Jack Graham # 72 , $ 14 . 00 ) so that we can meet the State Aid deadline . 2nd Councilman Tarr Roil Call Vote - all voting YES Meeting Adjourned 9 : 15 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk 198 PUBLIC HEARING March 28 , 1972 Supervisor McCord called the Public Hearing to order at 8 : 00 P . M . at the Town Hall . Present : Supervisor McCord , Councilmen Gridley , Cotterill , Webb and Tarr , Attorney Amdur and Zoning Officer Stewart . Also present : thirteen area residents . Supervisor McCord read the notice of hearing as duly advertised in the o fficial newspapers , for the purpose of hearing all interested persons . on the matter of an application made by Keith Lamphear of 406 Elmwood D rive , Ithaca , New York , for a Special Permit as required by Sec . 902 # 1 ill of the Town Zoning Ordinance ; in which he request to erect a building for a swimming pool sales and three rental stores , to be located at the corner of Route 13 and Johnson Road , Freeville , New York . Mr . Lamphear reported that it is a joint venture with a partner from • Binghamton . He had sketch drawings that he showed to the Board and in turn passed around to the people present . He reported that there will be one inground swimming pool ( 20x40 ) , 70 feet off Route 13 ; a bathhousel ( 20x18 ) to be used as a temporary office ; five above ground pools ; a two - car garage w ith a two - bedroom apartment overhead and a building ( 40x100 ) that will consist of a pool store and three rental stores . All of this will be fenced o ff by a 4 foot acre or cyclone fence . He reported that he has owned the property for about 1 month and the deed is being recorded . There was some question by the Board about the five above ground pools that were not in the original application . Mr . Lamphear explained that said pools w ill be temporary displays and for sale and not considered as permanent structures . Attorney Amdur replied that we do not make the distinction in the zoning ordinance between temporary and permanent structures , therefore , the pools in question are considered structures . Earl Cole quizzed Mr . Lamphear on the intentions of the rental use . Mr . Lamphear mentioned several possibilities , such as sporting goods store , billiard sales and supplies , snowmobile sales , etc . He said there was n othing definite . Nick DePerno questions his financial status claiming Mr . Lamphear has gone bankrupt . Mr . DePerno said he had been personally grieved by this bankruptcy . Mr . Lamphear admitted this was true and no . secret . Mr . Lisk wanted to know why he chose that area when it has a ✓ eputation for business failures . Mr . Lamphear said he felt it had great potential there . Mr . Cole said they did not want any disaster area on their front porch and that he was against the idea . Mrs Lance wanted to know who h is partner is . He replied : George McCogocial , Coral Isles Swimming Pools in Vestal , and he has been in business 15 years . The parking lot will be paved ( 100x45 ) and there will be landscaping . The parking will be on Johnson Road . Carolyn Schmurle opinioned that it is rather a hazardous spot there . The question of hours was brought up . Mr . Lamphear replied the hours in the summer months will be - 9 - 9 and in the winter months 9 - 5 . Mr . Everett wanted to know why was this hearing being held and what zone is this in ? Supervisor McCord replied it is a RD zone and an allowed use with a special permit and has to come before a public hearing . Mr . Everett wanted to know if there were any conditions under which the permit can not be issued . Attorney Amdur replied that the issuance of the permit is up to the dis - cretion of the Board from what is gathered at this hearing and if issued u nder what conditions it might be issued ; if on the other hand the Board d etermines it will create traffic hazards or not consistant with the d evelopment of the area , then the permit can be denied . Attorney Amdur said there is a problem in that the plan present tonight is not the plan • that was presented with the original application . Mr . Lamphear has added 5 additional pools and a 2 story building . Mr . Lamphear said he did not necessary need approval on the two - story building at this time , it was just a thought since he made application . Virginia Lance said many people in this area would like the area to remain residential . She expressed. opinion that there are established areas in which commercial ventures can go , and she felt those people should seek commercial areas to establish and leave residential areas stay residential and natural . She was not in favor of the issuance of the permit . Mrs . Scmurle and Mrs . Everett agreed w ith Mrs . Lance . ' Mr . Seewald and Mr . L.isk said ' they were not in favor of this and cited similar reasons . Supervisor McCord said when the zoning ordinance was passed three years ago , the Ithaca - Dryden Road was designed as an area of activity and growth , therefore , the RD , MA , CD zones which 193 are commercial and manufacturing possibilities and high density . Councilman Cotterill inquired about the :septic system , Mr . Lamphear reported that it has been approved and the Health Department recommended 200 feet of laterals and 1000 gallon septic tank . He reported there will be one restroom in each rental store and one in the apartment . Councilman Webb questioned the set - back of . 70 feet from a state highway . He said the ordinance calls for 90 feet from . a state highway . Attorney Amdur reported that on a corner lot the side yard measurements are reduced by 25 percent , and Route 13 will be his side yard and Johnson Road will be the front property . Lot size is 160 feet ( Dryden Road , Rte . 13 ) x 290 feet ( Johnson Road ) . Mr . Lamphear reported that he will have colored floodlights and a neon sign . The sign has not been - ordered yet . When he , is ready to place a sign , he said he would locate it wherevertthe Board specified . Mr . Lisk said the uncertainty of Mr . Lamphear ' s plans bothered him ; particularly not knowing what kind of businesses would be going into the rental stores . Mr . Lamphear said he would be willing to put a stipulation in the whole thing that the stores be approved before • anybody takes tenancy . Attorney Amdur said certain conditions could be made that are reasonable . Mr . DePerno wanted to know what the legal per - centage of building allowed on the property . The answer was 30 % . Mr . Lamphear said he did not think he had 20 percent . Increased traffic was also cited . Supervisor McCord asked if there were any other questions or comments . Being none , Supervisor McCord said that a decision would be reached with - in two weeks . Public Hearing adjourned 8 : 50 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk III .