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HomeMy WebLinkAbout1973-03-13 269 March 13 , 1973 PUBLIC HEARING The Public Hearing was called to order by Supervisor McCord at 7 : 35 P . M . Present : Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb , Attorney Amdur and Zoning Officer Stewart . Supervisor McCord reported the purpose of this hearing was the application of Lloyd Layaw of 43 Upper Creek Rd . , Rtna , for a Special Permit to operate a grocery store and gasoline service at 1145 Dryden Road , Ithaca , Town of Dryden . N Mr . Layaw reported that it will be a small neighborhood grocery store with gas pumps . The existing building is set back 461 feet from the road . John Reynolds and Kenneth Reynolds expressed concern about the traffic • problem and limited road frontage . They were mainly concerned with access and entrance speed in this area . They were concerned about the abandoned junk and tar spilling out of barrels behind the building . Mr . Layaw said they plan to clean up the place as they plan to eventually live there . Mr . Cole , 1154 Dryden Road , lives across from the Stables Inn and said there is considerable noise and parking along side of the road at this place of business and said he did not like to see that . He requested that the board restrict the hours the business can be open and restrict the amount of light . He opinioned that there would not be enough business there to support them and questioned the need for another gas station in that area . Mr . Stevens said he did not object to the grocery store . He reported that the gas station there several years ago was not successful . There was some question by the Supervisor as to whether the Board should even be proceeding as the application was not complete in stating where the gas pumps would be locasted . He did not feel they could base a decision w ithout the complete application . The Layaws reported that they have not gotten state rules and regulations on the pumps and storage tank and it is a critical part of the plan . Bob Keech felt the Board should make a decision contingent on state approval . Mr . Reynolds requested a buffer strip of shrubs or fence between his property and their building . Consensus of the people present was that they did not object to the store , just the station . Supervisor McCord declared the Public Hearing closed . TOWN BOARD MEETING March 13 , 1973 Minutes of the Regular Monthly Board Meeting of the Town Board of the Town o f Dryden held at the Town Hall commencing at 8 : 15 P . M . Supervisor. McCord called the meeting to order and led the members and guest in the Pledge of Allegiance to the Flag . Roll call was by the Town Clerk . Present : Supervisor McCord , Councilmen • Gridley , Cotterill , Webb and Tarr . Also present : Attorney Amdur and Zoning Officer Stewart . • Supervisor McCord . asked if there were any additions , corrections or re - ✓ isions of the minutes of the January 23rd Public Hearings , being none the following motion was made . Motion was made by Councilman Gridley , seconded by Councilman Cotterill , that the Minutes of the January 23rd Public Hearings be approved as submitted . . Supervisor McCord asked if there were any additions , corrections or re - ✓ isions of the minutes of the Regular Board Meeting of February 13th and February 27th . Attorney Amdur requested that the following corrections be made : Page 265 , under Zoning Officer report - line 5 , the word " lots " be changed to " road " . The other change requested in the same report , line 13 270 w as to delete the sentence beginning with : " Attorn.py ' Amdur opinioned . . . . " and subttitute the following sentence : Attorney Amdur stated that there was a question of ownership of the tract and lots on which there were buildings which would be checked ; and cited Section 280 - a prohibiting Zoning Officer from issuing building permit unless building on existing state , county or town highway or any street on a plot approved by Planning Board . Motion was made by Councilman Cotterill , seconded by Councilman Gridley , that the Minutes of February 13th be approved as corrected and further moved that the Minutes of February 27th be approved as submitted . COUNTY BRIEFING : County Representative Sckickel was unable to appear , the following is a report given to the Town Clerk : Hospital : Board of Managers looking into a economic feasibility study and also an evaluation study of the King & King report . Tompkins - Cortland Community College : 37 % completed , a little behind the projection of 43 % due to the poor weather last summer and fall . Challenge Industries : Approved the contract of • $ 52 , 391 . 00 . This amount reflects the absorption of ARC clients . Civil Service : Approved position of personnel assistant with heavy responsibilities in the civil service area and minor responsibility in other related areas . The total 1st year ' s expense of this position will be funded by state and federal government and includes six month training in Albany . Mental Health Board : Walter Mulholland , Psycologist , has been appointed to said Board u pon the recommendation of the state to have a psycologist . Industrial Park : Board approved filing an application to Appalachia Fund to apply for assistance in planning ( for sewer , water , firefighting , etc . ) . YOUTH COURT : Mr . DeCelles reported that several students have signed up for the bar course , more than last year . No new cases . One youth who plead guilty was sentenced to 17 hours of labor at the Youth Center in Lansing , the youth being from Lansing . CITIZENS PRIVILEGE OF THE FLOOR Mr . Riordan from the Conservation Dept . was present to explain their proposal for lands on Tehan Road , Signal Tower Road and Card Road . They propose to build a 3 - 4 mile road connecting their land bordering the Irish Settlement Road to land bordering Yellow Barn Road and they need the land in between to accomnlish this . The main purpose is for public access . Supervisor McCord replied that he did not think he would get a " no " answer for the purchase of the 19 acre lot owned by the town . Mr . Riordan was told to get in touch with the Board if their negotiations are successful with the other property owners . Mr . Relyea was present to request a temporary permit for temporary storage of mobile home units on their property on Kirk Road . He was requested to to write a letter outlining what he would like to do there and apply for a permit to the Zoning Officer . Discussion was had on the Planned Unit D evelopment Districts and that Mr . Liguori had to look it over . Harold Case was present and questioned the charges on the Bolton Point project . Supervisor McCord replied that the Town will be in about 5 % . He ask , " Do we want to invest in a future water supply for a 20 year demand ? " H e also stated that if we do not go along with the initial plan , the water g oes through the Town of Ithaca pipes and we have no ideaIwhat they would charge the town . The estimated cost : $ 28 extra charge per year with just the Varna District in it . He said when he gets more facts and figures he w ill come to Varna and talk to the residents . Robert Wells was present to request that the Board authorize the Super - ✓ isor to sign a petition requesting sewer service . Attorney Amdur reported • that the original resolution for the extension was not feasible and other arrangements has been made to extend it 600 feet to lands of Wells on the south and Dryden Town on the north . Mr . Wells has preliminary approval of 16 lot subdivision . The bids on 600 feet $ 19 , 452 . 50 for construction only It could be over a 10 year period for payment . Estimated cost would be $ 66 . 00 for each unit plus $ 100 to $ 125 extra for 10 years . RESOLUTION # 64 PETITION FOR SEWER Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize the Supervisor , Charles G . McCord , to sign a petition requesting the Village of Dryden to extend the existing - sewer line at or near Montgomery Street for a distance of approximately 600 feet to the lands of Wells on the south and Dryden Town on the north . 2nd Councilman Cotterill Carried 271 COUNCILMEN PRIVILEGE OF THE FLOOR Clinton Cotterill presented a Petition to the Board and the Planning Board requesting a zone change to RB . Said petition was signed by 40 ✓ esidents of the area involved , south of the Village of Dryden . A map o f the proposed area was attached to the petition . Councilman Webb reported on the stop sign at Irish Settlement and Ferguson Rds . He reported that the County Highway Superintendent and the Town High - way Superintendent got together and they both interput the law that the sign is correctly located . He said that a warning sign has been put up . Supervisor McCord replied that the highway code is recommended procedure , but not necessary adhered to and felt it could have been put on Ferguson Road . Supervisor McCord felt . we ' should get some state police opinions and opinions from authorities of traffic . Attorney Amdur will check into this . ATTORNEY "' Attorney Amdur reported on Ringwood Knolls situation . She reported that a 12 acre site is owned by Bernard Cornelius and the first house was built by him . She cited Section 280a of the Town Law prohibiting the issuance of a building permit by the zoning officer unless a street or highway giving access to a proposed structure has been an existing state , county or town highway or the street is shown upon a plat approved by the planning board . She reported that he has gone before the Zoning Board of Appeals and a permit was denied . The only course left is for Mr . Cornelius to furnish a performance bond to the town that the road will be completed to specifications . The bond would run for a maximum of three years and could be renewed . Zoning Officer Stewart conveyed this message to Mt . Cornelius . Discussion of a public hearing April 2nd re Bolton Point . Discussion of costs was held . A meeting to be scheduled with all parties involved . TOWN CLERK Clerk Stelick reported that she collected $ 21 , 746 . 10 for the month of February . Disbursed $ 177 . 49 in penalties to the Supervisor . ZONING OFFICER Reported he issued 6 permits for the past month . The Zoning Board of Appeals had one hearing and denied the applicant a permit . Three special permit hearings are scheduled for March 27th . CORRESPONDENCE L etter of thanks from the Dryden Fire Department - re : pancake breakfast . Letter from U . S . Treasury re Revenue Sharing - limitations of debt obligations . L etter from Mr . Norcross re cutting down living trees but leaving dead elms on Dodge Road . This to be followed up by the Zoning Officer Petition from residents of the Etna area requesting a more restrictive zone . Said petition signed by 208 residents . Also listed comments , suggestions and grievances on zoning . The Clerk was instructed to write a letter of acknowledgement and that it will be turned over to the Planning Board . RESOLUTION # 65 HIGHWAY FUND BILLS Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that the Highway Fund Bills be paid as audited . 2nd Councilman Gridley Roll call vote - all voting YES RESOLUTION # 66 GENERAL FUND BILLS Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , that the General Fund Bills be paid as audited . 2nd Councilman Webb Roll call vote - all voting YES •JUSTICE REPORT J ustice Hoagland $ 1 , 903 . 00 J ustice Newhart $ 720 . 00 FINANCIAL REPORT Highway Fund : Receipts $ 123 , 810 . 09 ; - Disb . $ 16 , 486 . 32 ; - Inv . $ 110 , 000 . 00 = Balance $ 87 , 535 . 89 General Fund : Receipts $ 1 , 592 . 16 ; - Disb . 42504 . 33 ; + Redeem Inv . $ 6 , 518 . 52 = Balance $ 69 , 607 . 66 D iscussion was had on transferring $ 15 , 250 . from Revenue money to pay for the new highway building . Action was delayed pending Attorney ' s findings . RESOLUTION # 67 ADVERTISE FOR BIDS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize the Highway Superintendent to advertise for bids for a front end loader not to exceed $ 55 , 000 . 00 . 2nd Councilman Tarr Carried T w errkRsemryGtelick d-Adjourned 9 : 45 P . M . 272 March 27 , 1973 Public Hearing The Public Hearing was called to order by Supervisor McCord at 7 : 30 P . M . at the Town Hall . Present : Supervisor McCord , Councilmen Gridley , Tarr , Webb and Cotterill , Attorney Amdur and Zoning Officer Stewart . The purpose of the public hearing was the application by Richard Tanner of 759 Fall Creek Road to build and operate a restaurant and bar to be located at said address . Notice of said hearing was duly published in the Ithaca Journal and Rural News . Mr . Tanner reported that he plans to erect a log cabin structure to include a bar and restaurant . The size will be 26 ' x46 ' . Floor was opened to questions and / or comments of the public . There was approximately 25 people in attendance . Mr . Herman Hodgson , Jr . presented 0 a letter from the McLean Community Council stating that the Council oppose the request of Richard Tanner for a special permit to build and operate a restaurant and bar on his property . Also a petition signed by 95 people was presented to the Board . Said petition stated they were opposed to the ✓ equest by Richard Tanner for a special permit . Mr . McKee questioned the ✓ egulations as to how close a bar could be to a school . No one had the answer to this question . Mrs . Utter said the bar will be located 2 / 10th o f a mile from school , and the present bar in McLean is 2 / 10th the other direction from the school , making it a total distance of 4 / 10th of a mile containing two bars and a school . Oral opposition was voiced by majority o f the people present citing the closeness of the school and youngsters w alking along the road going to and from school . did not feel there was a need for a bar , devaluation of surrounding properties , etc . The following is a list of the people who opposed the request : Don McKee , Mrs . Robert Utter , Richard Devine , two residents from the McKee Trailer Park , Joyce Couch , Carlton Ryan , Carl Lacey , Mr . and Mrs . Ed Baldwin , Mrs . Rodney Doubleday and Clarence and Amy Youman . Supervisor McCord read a letter from Mr . Liguori , Commissioner of Planning , Tompkins County , stating that he reviewed the application and made the following observations : The proposal appears to be within a residential zone . The setback and parking provisions could be improved . The impact upon the character of the residential neighborhood could be quite serious . He recommended that the Town Board give heavy weight to the impact upon the residential character of the neighborhood and that this be a prime consideration in their determination . He could not recommend that the proposal be given favorable consideration . Being no more questions or comments from the floor , the Public Hearing was declared closed . A decision would be reached later . At this time Mr . Tanner approached the Board and withdrew his proposal . PUBLIC HEARING Supervisor McCord called the Public Hearing to order at 8 : 00 P . M . upon the request of Taggin Wagon Park , Inc . for a Special Permit for temporary storage of mobile homes on Kirk Road in an RC Zone , during the additional construction of their park at 901 Dryden Road in Varna . Mr . Relyea displayed aerial photos of the land , consisting of 15 acres . • The maximum number of trailers at any one time will be twenty - five . The closest neighbor is William Conger . Mr . Conger and wife sent a statement that they had no objections . They hope to have the trailers out in six months . - Everything appeared to be in order and to the satisfaction of the Board and Town Attorney . The following resolution was offered . RESOLUTION # 68 GRANT SPECIAL PERMIT - TAGGIEN WAGDN Councilman Cotterill offered the following resolution & asked its adoption . RESOLVED , that this Board grant the Temporary Special Permit to Taggin Wagon for temporary storage of mobile homes on Island Grove Farm , Kirk Road , for a period of 6 months and for a maximum of 25 mobile homes . 2nd Councilman Gridley Carried . Public Hearing was declared closed . At this time the Board discussed the decision of the application of a grocery store and gas service at 1145 Dryden Road by Lloyd Layaw . Mr . Layaw . IS has now withdrawn the request for a gas service . It was noted that the County Planning Department reviewed the application and indicated no objection to the proposal , but did recommend that there be a controlled entrance and exit point , and that there be adequate parking facilities on the premises and well off the highway . This recommendation was discussed by the Board . Also lighting was discussed and it was recommended that the spotlights be position so they will not shine onto other pro - perty owners . Discussion of the junk and requiring that it be cleaned up . It was decided to limit it to one living unit . RESOLUTION # 69 GRANT SPECIAL PERMIT - LAYAW -- Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Lloyd Layaw to operate a retail grocery story at 1145 Dryden Road , subject to the following conditions : Cl ) The use of the premises shall be limited to a retail grocery • store , with or without living quarters , the living quarters to be limited to one unit . ( 2 ) The junk and debris on the premises shall be removed . ( 3 ) If spotlights are used , they are to be positioned in such manner as to not interfere with nearby premises and not create any traffic hazard . ( 4 ) The entry and exit to and from the road shall be located to the south and west of the existing utility pole , and a barrier shall be erected from said utility pole north and east to the property line , for safety in entry and exit and to maximize parking facilities . ( 5 ) Failure of the applicant to comply with any of the above stated conditions will result in revocation of the permit . 2nd Councilman Gridley Carried WATER STUDY Mr . Dunlap from Lozier Engineers was present and passed out copies of a feasibility report on the proposed water district for the town to members for consideration and study . EQUIPMENT ` BID Councilman Gridley reported that he and Highway Superintendent Case opened the bid for a bucket loader at 12 : 00 noon . He reported thatthere was one bid for a Caterpillar 966 - C at $ 55 , 237 . 00 , less trade - in allowance of Caterpillar 966A $ 12 , 269 . 00 for a total of $ 42 , 968 . 00 , less tires $ 3 , 140 . grand total of $ 39 , 828 . 00 . Tires can be bought at state pricing for $ 2357 . 96 resulting in a savings of $ 793 . 04 . Discussion was had because there was only one bid . The Clerk reported that it had been advertised in just the Rural News according to Superintendent Case ' s instructions . Supervisor McCord questioned why it was not advertised in other newspapers being that it was such a large amount of money we are spending . He said he was not prepared to accept this bid . The bid was from Syracuse Supply Co . Vestal . RESOLUTION # 70 REJECT THE BID Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this board reject the bid for a bucket loader and advertise for bids in the newspapers of Syracuse , Binghamton , Elmira , Rural News and Ithaca Journal , to be opened at 12 : 00 Noon April 10th . 2nd Councilman Tarr Roll call vote : Supervisor McCord - YES Councilman Cotterill - YES Councilman Gridley - NO • Councilman Tarr - YES Councilman Webb - YES Discussion was had on supporting the Bell Station in Tompkins County . RESOLUTION # 71 SUPPORT BELL STATION Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that the Town Board of the Town of Dryden hereby go on record in favor of keeping the Bell Station of the NYS Electric & Gas Corporation in Tompkins County , subject to environmental protection . 2nd Councilman Gridley Carried Adjourned 9 : 30 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk