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Home My WebLink About1972-06-01 211 _ : SPECIAL MEETING June 1 , 1972 A Special Meeting was called to order by Supervisor McCord at 12 : 30 P . M . Present : Supervisor McCord , Councilman Webb and Councilman Gridley .: Absent4 Councilman Cotterill and Councilman Tarr . RESOLUTION # 63 SURRENDER OF STATE HIGHWAY # 681 Councilman Webb offered the following resolution and asked for its adoption . WHEREAS , certain portions of State Highway No . 681 , . also known as Ithaca- Dryden Road , Part 1 , lie within the bounds of the Town of Dryden , it is RESOLVED , that the Town of Dryden does hereby request the Commissioner • o f Transportation of the State of New York to turn over and surrender to • the Town of Dryden that portion of State Highway No . 681 also known as Ithaca -Dryden Road , Part 1 described as follows : Beginning at the inter- section of the centerline of taid highway with the easterly line of the Town of Ithaca ( Station 84 + 50 ± ) ; thence easterly along said centerline to its intersection with the northerly boundary of Ithaca- Varna State Highway No . 1867 in the Hamlet of Varna ( Station 98 + 30 ± ) , being a length o f 1 , 380 feet situated in the Town of Dryden as shown . on the Official Map of such State Highway filed with the Department of • Transportation . 2nd Councilman Gridley Roll Call Vote - all Voting YES RESOLUTION # 64 AGREEMENT TO ABANDON HIGHWAY # 681 TO TOWN OF DRYDEN Councilman Webb offered the following resolution and asked its adoption . WHEREAS , Subdivision 32 of Section 10 of the Highway Law as added by Chapter 223 of the Laws of 1969 , authorized a municipality to request the abandonment of portions of State highways lying within its boundaries to such municipality ; and WHEREAS , The Town Board on the 1st day of June , 1972 , passed a resolution requesting the Commissioner . of Transportation of the State of New York to turn over and abandon to the Town of Dryden the following State high- w ay or portion thereof lying within the Town of Dryden : Ithaca- Dryden Road , Part 1 State Highway No . 681 described : as follows. : Beginning at the intersection of the centerline of said highway with -. the easterly • line of the Town . of Ithaca ( Station 84 + 50 ± .) ; thence easterly along said centerline to its intersection with the northerly boundary -- of Ithaca- Varna State Highway No . 1867 in the Hamlet - of Varna ( Station 98 + 30 ± ) , being a length of 1380 ± feet situate in the Town . of Dryden , WHEREAS , the Commissioner of , Transportation hereby finds and determines that such State Highway and portions of State highways are no longer n eeded or useful to the State Highway System and , therefore , may be abandoned to the Town of Dryden , the municipality in which such State highway and portions of State highways lie , NOW , THEREFORE , the parties heretofore mutually agree as follows : 1 . The Commissioner of ' Transportation of the State . of New York will cause an Official Order to be prepared and executed abandoning the following State highway and portions of State highways to the Town of Dryden ; Ithaca- Dryden Road , Part 1 State Highway No . 681 described as follows : Beginning at the intersection of the center line of said highway with the easterly line of the Town of Ithaca ( Station 84 + 50 ± ) ; thence easterly along said centerline to its intersection with the northerly boundary of Ithaca -Varna State Highway No . 1867 • in the Hamlet of Varna ( Station 98 + 30 ± ) , being a length of 1380 ± feet situate in- the Town of Dryden . III . 2 . Upon the filing of certified copies of such Official Order with The Town Clerk , Town . Board , Town Supervisor , Town Superintendent of Highways , all of the Town of Dryden and the State Comptroller , the State shall cease to maintain said State Highway No . 681 and all the rights and obligations of the State therein shall be turned over and surrendered to the Town of Dryden and said State highway and portions of State highways shall thereafter be maintained as . a part of the highway or road system of the Town 212 of Dryden . In accordance with the provisions of Section 345 - a of the Highway Law said abandonment or transfer to the Town of Dryden shall be deemed a transfer of all right , title and interest of the State of New York to or in such highway . 3 . The Town of Dryden Superintendent of Highways shall execute this Agreement upon authorization , therefore , from the Town Board with a copy of such authorizing resolution to be attached to and made a part of the Agreement . 2nd Councilman Gridley Roll Call Vote - all Voting YES RESOLUTION # 65 GRANT SPECIAL PERMIT TO LAMPHEAR Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Keith Lamphear , subject to the following conditions : 1 . There shall be no more than 4 aboveground pools , 3 to be situated west of the :14.0" x100 ' ,building and 1 to be situated east of the inground pool , in accordance with the sketch map submitted with the application . 2 . The pools shall be completely enclosed by a 4 foot cyclone fence . 3 . The pool situated east of the inground pool shall be setback at least 40 feet from the center line of Johnson Road , in order to maintain optimum visibility for traffic . 4 . The three pools situate west of the building as aforesaid shall be removed from the premises between November 1st and February 28th of each year . 5 . Failure of the applicant to comply with any of the above stated conditions will result in revocation of the permit . 2nd Councilman Webb Roll Call Vote - all Voting YES Meeting Adjourned Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk 111 i . i i 1 213 June 13 , 1972 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Dryden held June 13 , 1972 , at West Dryden Community Association , com- mencing at 7 : 30 P . M . Present : Supervisor McCord , Councilmen Tarr , Gridley and Cotterill , Zoning Officer Stewart and Attorney Amdur . Absent : Councilman Webb . Meeting was called to order by Supervisor McCord . Roll Call was by the Town Clerk . Supervisor McCord asked if there were any corrections or additions to the minutes of May 9th and May 16th . Motion was made by Councilman Gridley , seconded by Councilman Tarr , that • the Minutes of the Regular Monthly Meeting of May 9th be approved as submitted . Motion was made by Councilman Gridley , seconded by Councilman Tarr , that the Minutes of the Public Hearing of May 16th be approved as submitted . COUNTY BRIEFING : No report this month . CITIZENS PRIVILEGE OF THE FLOOR : Mr . Joe Leonard of Sunset West Circle presented a petition to the Board requesting the Highway Superintendent to begin immediate repair and surfacing of Sunset West Circle and guardrails and:; reflectors at the intersection of said road and Pinckney Road . Said petition was signed by 20 residents of Sunset West Circle .. Regarding their request , Mr . Leonard reported that four vehicles have . . had accidents .. at the intersection and substained substantial property damage and fortunately , just minor injuries during this past winter . He further noted that at least 20 attempts have been made to contact someone of authority in the Highway Department without success . Mr . Leonard , on behalf of the residents of the area , commended Highway Superintendent Case on clearing the road way of snow so promptly and effeciently this past winter . Gordon Peck read Mr . / letter of June 2 to the Town whereby requesting a truck and driver from the Highway Department to help transport glass , paper and aluminum to Challange Industries on a weekly basis . The Methodist Church is operating a collection center for these articles . Councilman Cotterill emphasised that we might be getting into a larger project than we could handle . Supervisor McCord said he had no reser- vations about at least requesting it to Highway Superintendent Case , as long as its a community service and a community project . A poll was taken of the Board in regard to consider referring the request to Highway Superintendent Case : Supervisor McCord , Councilmen Gridley and Tarr were in favor ; Councilman Cotterill was relucent to add this duty to the Highway Department : ._ RESOLUTION # 66 CONSIDER THE REQUEST Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this Town Board request that Dick Case , Town Superintendent of Highways , consider the request by Mr . Dabes in support of the community in transporting the glass .. to Challange Industries . 2nd Councilman Tarr Carried . COUNCILMAN PRIVILEGE OF THE FLOOR • Supervisor McCord appointed Councilman Tarr as temporary Highway Committee . Councilman Gridley reported on Polling Place in West Dryden . Reported that Mr . DiGiaccomo plans to shut off the water after the general election in the fall . Councilman Gridley recommended that we keep the polling place where it is for this year . Mr . DiGiaccomo spoke in favor of retaining the polling place in West Dryden . Councilman Cotterill announced two scheduled hearings by the Planning Board , June 15th , ( 1 ) approval of Murray Subdivision and ( 2 ) informational meeting re proposed subdivision on Virgil Road by Craver and Coulter . The public was urged to attend . At this time Jeanne Vanderbilt took-. the Town to task regarding , in her opinion , lack of publication of scheduled hearings other than legal notices . 214 The Town Clerk reported that she approached Mr . Fletcher of the Rural News fora " Supervisor ' s Report " and other news items of the Town and Mr t e }& remarked that the Town would have to pay for this service as ( tieey � did ' not buy their stationery fbom.2the Rural News . She reported that another attempt would be made now that the News has changed hands . Attorney Amdur pointed out that we print legal notices in both the Rural News and Ithaca Journal to better inform the people at considerable extra expense . It was noted that legal notices are required by law . Councilman Cotterill reported on Village of Dryden Board Meeting . The Village is in the process of getting cost of extending their sewer up East Main St . No figures available yet . Extension costs will be assessed back to the people in that area . The Village also passed a resolution to do with sales tax being paid directly to the Village in lieu of tax reduction . This resolution was passed to the Town Clerk . ATTORNEY : No report this month . TOWN CLERK : Tax Collection Report : Collected 426 , 954 . 73 , unpaid taxes returned to the County $ 35 , 485 . 01 , penalties collected $ 1 , 727 . 35 . ZONING OFFICER : Issued 32 building permits since last month ' s meeting . Has scheduled a public hearing for a trailer park on Wood Road for June 27 at the Town Hall . YOUTH COURT : Gerard DeCelles reported that Youth Court has handled five cases during the past year . He read off the list of cases and, the verdict . They have acquired two volumns of McKinney ' s Penal Law . Six students passed the bar course and a swearing in ceremonies is scheduled for Thursday evening and Judge Hoagland will preside . Regarding funding for the next year , he reported that Youth Court operates on a year around basis , its not tied to a school year , and he will be working with Youth Court if they should have any cases this summer . He proposed for funding , if the town decided to support it , that it be supported on a 9 or 10 month basis . . RESOLUTION # 67 HIGHWAY BILLS Councilman Gridley offered the following resolution and asked its adoptio RESOLVED , that the Highway Bills be paid as audited . 2nd Councilman Tarr Roll Call Vote - all Voting YES RESOLUTION # 68 GENERAL BILLS Councilman Tarr 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 FINANCIAL REPORT Highway Fund : Receipts $ 4 , 050 . 82 , - Disbursements $ 17 ,202 . 96 ., + Inv•. 131 , 300 , - Inv . 70 , 000 , Ending Balance: $ 182 , 076 . 88 . General Fund-: Receipts 12 , 156 . 73 - Dish . 4 , 194 . 57 , - Inv . 35 , 000 . = Balance 422 , 271 . 05 JUSTICE REPORT : Total Fines Collected : $ 5 , 100 . 00 . CORRESPONDENCE : Supervisor McCord read a letter from the Supervisor of the Town of Ithaca requesting the Town of Dryden adopt a resolution ( as enclosed ) approving of the project to meet the requirements of the Department of 0 Environmental Conservation and that each municipality involved furnish a resolution approving the project . RESOLUTION # 69 IN THE MATTER OF THE ACQUISITIONI BY THE TOWNS OF ITHACA , DRYDEN , LANSING , AND THE VILLAGE OF CAYUGA HEIGHTS OF A SOURCE OF WATER SUPPLY AND FOR THE CONSTRUCTION OF A WATER SUPPLY SYSTEM Councilman Gridley offered the following resolution & asked its adoption . WHERE4S4 the Town of Dryden , for the health , safety , and well being of its residents must acquire a suitable water supply and it appears that such water supply can best be obtained and constructed by joint partici - pation of the Towns of Ithaca , Dryden , Lansing , and the Village of Cayuga Heights , the source of such water supply to be Cayuga Lake in the vicinity of Bolton Point in the Town of Lansing , Tompkins County , New York , it is . . . 215 RESOLVED , That the Town of Dryden hereby approves the undertaking of a project to construct , finance , operate , and maintain a water supply and distribution system as an intermunicipal project for the benefit of the participating municipalities which shall consist of the Towns of Ithaca , Dryden , Lansing , and the Village of Cayuga Heights ; the source of the water supply will be Cayuga Lake in the vicinity of Bolton Point in the Town of Lansing ; the facilities shall consist substantially of a pump station , water transmission mains , water treatment plant , storage tank , miscellaneous Town and Village interconnections , booster pump stations , - and other facilities , substantially as set forth in the application of the said municipalities heretofore filed with the Department of Environmental { � Conservation , it being understood that the said facilities shall be constructed in accordance with final plans submitted by engineers as may III be approved by agreement between the said municipalities ; it is understood ' - that the cost and financing of this project shall be shared jointly by the participating municipalities in such proportions as may be agreed upon by "' the said municipalities ; and it is further understood that the entire project shall be operated in accordance with an agreement to be entered into by the said municipalities containing such provisions as may be agreed upon between them ; it is further understood that this resolution is subject to all requirements of law and that the project shall be constructed pursuant to all procedural steps required bylaw . 2nd Councilman Tarr Roll Call Vote - all Voting YES Letter from Sam MacNeil regarding the 5 . 3 miles of West Dryden Road in the town` He toured the road with Mr . Stevenson and it was observed that the road is built in a swamp area and drainage is always going to be a problem . The County has built it up by 2 . 5 feet and widened it in the past . As soon as weather permits , the County intends to correct the weaknesses and fill the potholes and then a hot mix surface on the road that will be a minimum of 1 " in the highspots and 2 - 21 " in the low spots at a cost to the county of $ 15 , 000 per mile . It . was noted that the Town put in a culvert at the intersection of Wood Road and West Dryden Road . . and _ this was done without any knowledge on the ' part of the County Highway Superintendent . Letter requesting filing of resolution must be made . . in accordance with Section ' 4 .30 of the Retirement Law of 1971 requiring appropriation •1n the budget for this fiscal year . RESOLUTION # 70 . RETIREMENT SYSTEM - - RESOLUTION PROVIDING FOR A GUARANTEED : ORD. INARY DEATH BENEFIT Councilman Gridley offered the following resolution and asked its adoption . BE IT RESOLVED : that the Town Board of the Town of Dryden does hereby elect to provide the benefits of Sec . 60 - b of the Retirement and Social Security Law as presently or hereafter amended ; and BE IT FURTHER RESOLVED : that this election shall become effective with the payroll beginning the 15th day of June , 1972 . 2nd Councilman Cotterill Roll Call Vote - all Voting YES RESOLUTION # 71 RECREATION BUDGET Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board approve the Recreation Budget as proposed for the Town of Dryden . 2nd Councilman Tarr Roll Call Vote - all Voting YES RESOLUTION # 72 STATE AID - YOUTH Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be authorized to file the recreation * application for State Aid with the - N . Y . State Div . for Youth for the year 1972 . 1112nd Councilman Tarr Roll Call Vote - all Voting YES RESOLUTION # 73 ADVANCE PAYROLL SUMMER RECREATION PROGRAM Councilman Cotterill offered the following resolution & asked its adoption . RESOLVED , that the Supervisor be authorized to process a payroll every two . weeks for the Town of Dryden Summer Recreation Program as approved by the Recreation Commissioner . Vouchers will be audited at the following Town Board Meeting . 2nd Councilman Tarr Roll Call Vote - all Voting YES 4 216 RESOLUTION # 74 APPOINT ELECTION INSPECTORS Councilman Gridley offered the following resolution and asked ', its adoption . RESOLVED , that this Board appoint the following as Election Inspectors for the term 7 / 1 / 72 - 6 / 30 / 73 at the rate of $ 1 . 85 per hour : . REPUBLICAN DEMOCRAT District # 1 Agnes Snow Mrs . Daniel Seewald Ruth Munch Eleanor Church Beverly Schaufler Ailene Brown D istrict # 2 Midlred Sweet Marilyn Czerenda Mona Spaulding Lillian Church Ralph Vantine D istrict # 3 Leona Sherman Edythe Humphrey Helen Schutt Suzanne Cardwell District # 4 Florence Payson Mrs . Joe Dabes Elfrieda Woodard Sibyl Gould D istrict # 5 Frances Terry Verna Myers Mary Bryant Beatrice Westfall D istrict # 6 Velma Blackman Josephine Talbot Nettie Williams Nellie Fulkerson D istrict # 7 Rena Kirk Joyce Stout Florence Seaman Rosalie Yarosh Melba Harden Alene Frost BE IT FURTHER RESOLVED , that Chairman in all Districts , except # 3 & # 5 be paid an additional $ 5 . 00 . 2nd Councilman Tarr Carried RESOLUTION # 75 APPOINT SUBSTITUTE ELECTION INSPECTORS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board appoint the following as Substitute Election Inspectors for Primary Election at the rate of $ 1 . 85 per hour : D istrict # 5 Mary Bryant - Republican D istrict # 4 Mrs . Joe Dabes & Sibyl Gould - Democrat 2nd Councilman Cotterill Carried RESOLUTION # 76 DESIGNATE POLLING PLACES Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board designate the following as Polling Places in . the Town of Dryden : D istrict # 1 Varna Community Association D istrict # 2 Houtz Hall - Etna D istrict # 3 Dryden Village Hall D istrict # 4 West Dryden Community Association D istrict # 5 Dryden Town Hall District # 6 Freeville Village Hall District # 7 Bethel Grove Community Association BE IT FURTHER RESOLVED , that the following Polling Places receive $ 35 . 00 for the year for the use of their facilities : Varna Community Association Houtz Hall - Etna West Dryden Community Association • Bethel Grove Community Association 2nd Councilman Tarr Roll Call Vote - all Voting YES RESOLUTION # 77 CONTINUE FUNDING OF YOUTH COURT Councilman Gridley offered the following resolution and asked its 'ladoption . RESOLVED , that a transfer in the sum of $ 300 . 00 to Youth Court Account No . ( YC ) 1110 . 4 from Account No . 1090 , Interest & Tax Penalties , be authorized . 2nd Councilman Tarr Roll Call Vote - all Voting YES Councilman Gridley reported there was one bid for a self loading excavator and said bid was opened at noon June 13th . The bid was for 1 used John Deere model 5010 Serial No . 375'3588 self loading complete with all items called for in the specifications , from Seneca Supplys for $ 8 , 450 . ', RESOLUTION # 78 AWARD BID - SELF LOADING EXCAVATOR Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Highway Superintendent be empowered to complete the negotiations with Seneca Supply to purchase ( 1 ) self loading excavator for $ 8 , 450 . . 2nd Councilman Tarr Roll Call Vote - all YES Adjourned 9 : 10 P . M . Charles G . McCord -u, ervisor 217 June 14 , 1972 Public Hearing The Public Hearing was called to order at 7 : 30 P . M . by Supervisor McCord . Present : Supervisor McCord , Councilmen Gridley , Cotterill , Attorney Amdur . Absent : Councilmen Webb and Tarr . Approximately 12 people present . Supervisor McCord reported the purpose of this hearing for comments , questions , and/ or suggestions regarding the proposed amendment to the Zoning; Ordinance on Quarries , . Excavations , Topsoil Removal . The notice of hearing was duly --- _ advertised in both official newspapers . 15, Opened . to the Floor : - ' Mr . Thaler , representing Bob Schutt and others , noted that Paragraph 3 of the original proposed ordinance had been eliminated entirely . Mr . Thaler • wanted to know why this was so . He said that in his letter to Mr . McCord of May 19th , he indicated that # 3 would be satisfactory provided it was limited to personal use and on the premises where the changes were to be made , but not to be moved for commercial purposes . He said that is what was indicated by those who were present at the last hearing . He said it w as also indicated at the last hearing that it be so worded that it would n ot be necessary to obtain a permit when somebody wanted to level off a hill then put it in where there was a low area on the same premises . Ac - cording to Mr . Thaler , elimination of the entire paragraph is unreasonable and the present proposal . makes it defective. subject to declaring the entire ordinance invalid because it will be opening the door so that any body can move soil materials . off his own land and use it for commercial purposes . There .wasconsiderable discussion between the Town Board and Mr . Thaler as to the sediment expressed by the people at the last hearing . The board members were unanimous in their feeling that the sediment expressed at the last hearing was to eliminate Paragraph 3 . Mr . Thaler insisted that was not the case , they did not want to be required to get a • permit to move dirt on their own land . He said if it is adopted without # 3 limited as he suggested in his letter of May 19th , then he has been authorized by the people he represents to attack the entire ordinance . Mr . Thaler said all that needed to be done with #3 was to reword it so a person ._ could not move sand and gravel for commercial - purposes but. that an • individual could move dirt for personal purposes only . Supervisor McCord said he could not . see ,: if the ordinance is adopted as. . presented , how they w ould be " opening - the door" or " promoting" people to . take whatever they w ant off their- _ land and - sell it . He further reported that : Mr . Thaler ' s letter arrived prior to - their meeting to deliberate over the changes to be made - in the proposed - ordinance . Mr . Thaler ' s proposal was discussed and they felt it would be no - better or worse off so it was . decided to e liminate it entirely , : because it did limit people and under the present proposed amendment it will prevent anybodkTfrom selling gravel , stone , topsoil .; etc . without a permit . There was considerable discussion along these lines concerning : the pro and con of paragraph 3 . Considerable discussion was had on the definition of commercial . Mr . Thaler said they want the privile.ge . to level off their land and to be able to move dirt from one farm to another , but the minute they start moving sand , gravel , etc . to another place they own . and develop it and put up housing then it becomes commercial . Supervisor McCord replied if it is commercial then itAis prohibited by the present ordinance . Mr . Thaler said not if • he is using it on his own land . Supervisor McCord replied if it can be defined as commercial by your definition , it certainly can be defined as commercial under the present ordinance ; and this definition of commercial will be consistant in that case . Mr . Thaler differed with that statement , in that the way you ( the town ) define it is when I sell it to somebody . else . He said that when he puts sand, ,, gravel , etc .. on his own development , he would not be selling - it acc&rding . to • theboard ' s definition of com- mercial ; and in his opinion this activity would be commercial and the board was not so defining it as such . Attorney Amdur replied that we do • n ot define commercial , . all we are saying is that we have the right to issue " special permits " in case of excavation or sale of certain specified materials and we do not have to define commercial unless we so desire or unless there is an intention to restrict a kind of activity . • 218 • Mr . Hartkopf reported that his interpretation at the last meeting was the objection to being required to get a permit to move a few wheelbarrows full of dirt as oppossed to truckloads . He explaine that t:he . people felt `a ` -permit was . n d ecessary for moving a mass amount of earth products ,1 but not necessary for moving a minimum ` amount- of earth products • on his on land . Mr . Hartkopf felt that a developer should have to get a permit in order . to prevent them from defacing the landside and causing eyesores , which is the major- concern of the residents on Irish Settlement Road . He urged that Paragraph 3-be. left in , but put in something that - would permit a minimum amount of movement and require a permit for a mass amount of soil movement . Mel Aiken expressed the same sediment , as did Mr . and Mrs . Howse D iscussion was had on the policing problem . Some discussion about the truck traffic- on the roads in that area . The H owsers opinioned that their road is not built for trucks . . Attorney Amdur reported that the board has to make a decision based on all of the statements made at all of the public . hearings . The elimination • was based on all of the statements made and all the equities were weighed and that was the decision of the board based on what came forth at the previous hearing and what they- considered best . ! Supervisor McCord said that- - if the present proposed amendment - was adopted and a complaint was entered that somebody was taking gravel from ; one part of his property to another parcel that he ownes and was proceeding to develop that property and sell it , that we would have the same problem-t . with the definition of the word commercial whether or not # 3 is in as Mr . Thaler requested or whether we do not have it in at all . Mr . Thaler ' s suggestion was read , as follows : " That paragraph 3 of the proposed Ordinance should be limited so that topsoil or other earth products may be removed from one part of the premises to another ; for personal or private purposes only , . and cannot be moved for commercial purposes . " Mr . Hardesty , speaking as a developer:. i.n _ the Town of Dryden and for other developers , . felt they were bound enough by regulations and did not feel they should be so restricted in that they should have to get a permit to move dirt from one property to another owned by them . Mr . Thaler wanted to know why their suggestion in 3a ( formerly 4a ) was not taken into consideration . They requested- that 100 feet be changed to 50 feet and it was kept at 100 feet to . the maintance to the road ! On this matter , Supervisor McCord said they discussed # 2 and # 3 of his suggestions in - his letter and felt that the ordinance as proposed was adequate and • satisfactory . Mr . Thaler maintained that this did not afford sufficient protection to the._ residences in the Town of Dryden . He noted that the only suggestion he offered , # 4 , in his letter was used . • It was noted that there was just three board memebers present . Considerable discussion between Joe Horowitz and Attorney Amdur regarding d iscrimination and violations . He maintained that a topographical map was unfeasible in some cases and very expensive . Mrs . Howser maintained that the people who objected at the last hearing were concerned. about being required to get a special permit justito move • some dirt in their driveway or yard . They were primarily concerned with the special permit aspect . Hearing Closed 8 : 40 P . M : • SPECIAL MEETING Called to order 8 : 40 P . M . RESOLUTION # 79 RESOLUTION OF COMMENDATION Councilman Gridley offered the following resolution and asked its adoption . WHEREAS , Wayne Alan Sherwood has demonstrated outstanding administrative and judicial ability in his capacity as Chief Justice of the Tompkins County Youth Court , Dryden District , therefore , be it RESOLVED , that this Town Board of the Town of Dryden , County of Tompkins , State of New York , hereby adopts a RESOLUTION OF COMMENDATION , recognizing Chief Justice Sherwood ' s singular achievements . 2nd Councilman Cotterill Carried Adjourned 8 : 45 P . M . Charles G . McCord - Supervisor Rosemary Stelick . - Town Clerk i ti 3 9 ARTICLE VIII . Section __dGb ; —Quarries and Excavations , Tocsoil Removal . .. _._.. _ .-- ----.---.,_..- __. __. -. -- - - ------ I 11 • f 1 . The Town Board may authorize the issuance of a snecial r •. e �, t h { a n — 1 . I . l v t` R for the excavation and sale of topsoll , sand , gravel . clay or other natur 1 mineral or { a oral o � vegetable deposit , or t e quarrying of a ,. kind of - rock formation in the R - C and R -• ll Zones only . • No sand or . t . ' ; ravel or other excavation operation , except a touscil removal 4 operation , shall be conducted on land of less than 20 acres in 11 Iarea . The Town Board must be guided by the nubile health , safety i I and general welfare , not only of the citizens of the Town of i Dryden , but of any other municipality , and must give particular i consideration to certain factors as follows : a . Soil erosion by water and wind . b . Drainage . r c . Soil fertility , tor, soil preservation . - d . Lateral support , slopes and grades of abutting streets and . lands . e . Environmental and land values and uses . f . The planting of cover in the interest of avoiding erosion and to improve the aesthetic quality of the restored area . 2 . Before a special permit for such use is issued , the Town Board - = shall find such excavation or quarrying will not endanger the I stability of adjacent land nor constitute a detriment to public R welfare , convenience or safety by reason of excessive dust , noise , i traffic congestion , exceeding of designated load limits on roads in1 the immediate vicinity of the operation , or other conditions . The 1 -e ' Town Board may specify any reasonable requirements to safeguard the r h I public health , safety and welfare in granting the permit . 4 1 i ■ i - - L . • t, 3 . Certain requirements shall be specified in whole or in _part . f by the Town Board in granting the special permit , and shall be fulfilled by the applicant prior to , during the course of and ,A following the actual period of excavation or quarry working as follows : a . The operation of the excavation or quarry shall be conducted in a manner as to control dust and noise , and shall provide for such treatment as may be deemed necessary by the Town Board . All access roads shall be provided with a dust - controlled surface not less than Twenty - two ( 22 ) feet wide from the connection to a publi1 street to a point within one hundred ( 100 ) feet of the loading; point , and such road shall • be properly maintained by the operator during the life of the operation . b . The slope of the material in the excavation or the face of . a any quarry walls or other excavation shall not come nearer than )9, . \; 350 feet to any boundary line cf . the Town of Dryden , property liner, 1111 . street or highway line ) whetter such street or highway line be within or outside the boundaries of the Town of Dryden ) or nearer than 350 feet to any . existing : residence . No permanently installed excavation machinery or equipment • - shall be' plred nearer than 1000 . feet to any existing retidenceo - � c . Water used in washing operations shall not be discharged into a stream or natural drainage channel • unless . a permit for said discharge is obtained from the De artment of Environmental p a _ Conservation . . 4 . The applicant shall ' file with the Town Board a statement of the proposed , worlc , together with a sketch mapshoT�ring a . plot plan • showing existing grades and contours and the grades and contours 1 : III after the operation has been completed . The plan shall be drawn - to scale and shall ' show the location of streets or roads adjoining the premises ; the namesof adjacent property ouiners ; the location of the ' premises and the dimensions of that portion of the • premises upon which the . excavation is to be made ; the location , size and . I . J u se of any existing or proposed structures : cross sections of the i property at intervals of fifty ( 50 ) feet showing existing and proposed elevations at intervals of five ( 5 ) feet and also any ! break in grade ; and the elevation of the premises as compared to the United States Coastal Geodetic Service mans ( quadrangle maps ) ! I may be used by the applicant . Hecontourinr and back filling; is ✓ equired where necessary to return the area to its original contours or to the grades indicated by the plot plan when requriedl by the Town Board , and the applicant shall reseed such area with green cover . $ 5 . Before the issuance c .f a special permit by the Town Board for quarries or excavations , the applicant must have executed an agree ment with the Town Board whereby the applicant contracts to restore the premises to the conditions approved and established In accordance w ith the provisions of this section . The applicant shall execute a bond or deposit cash with the Town Clerk in an amount sufficient it ' in the opinion of the Town Board to secure the performare cf sad agreement . 6 . The amount of the bond may be reduced. and / or portions of the cash deposit returned to the applicant from time to time when , in the opinion of the Town Bard , the lesser amount will be suffici nt to accomplish its purposessor increased in the event conditions , i . the opinion ofthe Town Board require an increase . In the event the applicant who executed the agreement does not fulf . 11 his agreement , such bond or cash deposit shall be forfeited to the 1 Town of Dryden and the Town shall proceed to restore the premises I in the manner prescribed either with its own forces or by contract after due notice to the applicant . If a surety bond was Provided by the applicant , notice shall be given to the surety upon the bond, and , if the surety fails to comply with the agreement , the Town s411 i charge the costs to the surety . The bond shallbe a one year bond , which must be renewed annually at? least 30 days before the 1 termination date . Failure to renew said bond as . specified shall 1 e ! ✓ esult in revocation of the special permit . The bond snall conti :jue 1 B p Ih ice_ � � 3 0 • e .. f 3 . 1 , 1 in full force and effect until a certificate of compliance snall i have been issued by the Town ' Board to the effect that all of the I, provisions of the applicant ' s agreement have been fulfilled . II 1 7 . Whenever a quarry or excavation operation hs hereinabove , I . specified has been discontinued for a period of 12 consecutive . months ( from a beginning date to be determined by the Zoning Enforcement Officer ) , such use shall not be re - established except !I1 by a new special permit granted by the Town Board upon apnlicati on . p 1 I 1 • • 1 1111 • i . . . ; • • ,. I � . ■ .a 1 , ,. - . . . T. . ' , . . ' y . H t . . . • I . F . I . - . i I i . . . 1 , 1 F 1 221 June 27 , 1972 Public Hearing Public Hearing was called to order by Supe rvisor McCord at 7 : 35 P . M . Present : Supervisor McCord , Councilmen Cotterill and Tarr , :Gridley ; Atty . Amdur and Zoning Officer Stewart . Absent : Councilman Webb . Purpose of this hearing was the application for a special permit requested by Miss Angie Stetson to construct a 3 unit mobile home park as required by section 80. 2 of the Town of Dryden Zoning Ordinance . Said park will be located at 404 Wood Road . Supervisor McCord passed the application and drawing to members of the board . Hearing was opened to the public . Miss . Stetson presented the Board of Health permit to the board . There will be a 1000 gallon septic tank . One trailer is already there and she wants to add two more trailers . It will be a private drive . IIINo one appeared to question the applicant . Public Hearing closed 7 : 45 P . M . Supervisor McCord told Miss Stetson that the Town Board will notify her of a decision in a week or ten days . RESOLUTION # 80 REFER APPLICATION TO PLANNING BOARD Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , that this Board refer the application of Miss Angie Stetson to the Town Planning Board in accordance to Section 4 . 03 of the Mobile Home Park Ordinance . 2nd Councilman Gridley Carried PUBLIC HEARING Hearing called to order at 8 : 00 P . M . by Supervisor McCord . Councilman II Webb arrived . Puprose of this hearing was the application forma special permit requested by Charles Seaman to construct a 2 unit mobile home park as required by Sec . 802 of the Town Zoning Ordinance . Said park will be located at 393 Beam Hill Road . It was noted that it was duly advertised in the official newspapers and notices sent to adjacent neighbors . At this time the hearing was opened to the public . Mr . Seaman ' s appli - cation was discussed . It was noted that his lot is 150x150 . The present trailer is set back 55 feet and this did not comply with the 70 foot setback . Mr . Seaman said he would move it back 15 feet to comply . Mr . and Mrs . Beach were present and expressed concern about the sewage run- off on their property . It was noted that the health department permit is to rectify .the present problem and approval for the addition with the stipulation that the runoff must not go directly to the outside ditch . Mr . Beach noted that a health deparment requirement is that the outlet from the filter bed must be 50 feet from the property line . Discussion was had and the health department drawing was scrutinized . Mr . Seaman said the pond in question will be completely filled in with gravel and will no longer be a pond . There was considerable confusion whether Mr . Seaman ' s health department permit complied with their own provision . ; • Councilman Cotterill opinioned that its the health department ' s job to see that its done in accordance to their requirements and they have to check it to see if its built to -the specifications ; and he did not feel they were going to approve it unless it meets the requirements and this is entirely their responsibility . . RESOLUTION # 81 REFER APPLICATION TO . PLANNING BOARD Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board refer the application of Charles Seaman to the Town Planning Board in accordance to Section 4 . 03 of the Mobile Home Park Ordinance . 2nd Councilman Cotterill Carried Closed Public Hearing 8 : 30 P . M . 222 June 27 , 1972 SPECIAL• MEETING Called to order at 8 : 30 P . M . D iscussion was had regarding the latest public hearing on the proposed amendment to the Zoning Ordinance :. Quarries and Excavations , Topsoil Removal ; ' Drafted minutes of hearing 6 / 14 read by Town Clerk . Councilman Tarr opinioned that he would like to see some restriction depending on some minimum size . He fears that a large scale scalping would leave one big mess . Consensus of the board to adopt the amendment as presented at the public h earing of June 14th . . RESOLUTION # 82 ADOPT AMENDMENT Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board adopt the amendment Article VIII , Section 806 : Quarries and Excavations , Topsoil Removal , as presented at a Public Hearing h eld June 14 , 1972 . 2nd Councilman Cotterill Roll Call Vote : Supervisor McCord - YES Councilman Gridley - YES Councilman Webb - YES Councilman Cotterill YES Councilman Tarr - YES Adjourned 9 : 00 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk 411 ' I II