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HomeMy WebLinkAbout1973-04-03 II: I I/ I + ; I 1 1 �c A� (! I P I 1 *' April 3 , 1973 SPECIAL MEETING Supervisor McCord called the Special Meeting to order at 12 : 15 P . M . for the purpose of discussing the highway equipment bid . Present : Supervisor McCord , , Councilmen Gridley , Cotterill and Webb . Absent : Councilman Tarr . Also Present : Highway Superintendent Case . RESOLUTION # 72 RECONSIDER RESOLUTION # 71 Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board reconsider Resolution # 71 that was passed on March 27 , 1973 . 2nd Councilman Webb unanimously Carried After discussion of the bidding procedure , the Board action was as follows : RESOLUTION # 73 ACCEPT BID Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board accept the bid from Syracuse Supply Co . , Vestal , N . Y . , for 1 new Caterpillar # 9666 as presented to the Board March 27th; in the amount of $ 39 , 828 . 00 , less tires , and be it FURTHER RESOLVED , that the Highway Superintendent be empowered to purchase 4 tires at state pricing in the amount of $ 2 , 357 . 96 for a total of $ 42 , 185 . 96 . 2nd Councilman Webb Roll call vote : Supervisor McCord - YES Councilman Gridley - YES Councilman Cotterill - YES Councilman Webb - YES Adjourned 1 : 15 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk II) . rf has now withdrawn the request for a gas service . It was noted that the County Planning Department reviewed the application and indicated no o bjection to the proposal , but did recommend that there be a controlled entrance and exit point , and that there be adequate parking facilities o n 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 o perate a retail grocery story at 1145 Dryden Road , subject to the following conditions : ( 1 ) 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 43 , 140 . grand total of $ 39 , 828 . 00 . Tires can be bought at state pricing for $ 2357 . 96 ✓ esulting 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 n ot 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 1 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 n/ ' Y April 10 , 1973 PUBLIC HEARING The Public Hearing was called to order by Supervisor McCord at 7 : 35 P . M . at the Town Hall . Present : Supervisor McCord , Councilmen Gridley , Webb , Tarr and Cotterill , and Zoning Officer Stewart . Absent : Attorney Amdur . The purpose of the public hearing was the application by Peter Levatich for Pentaf Development Assoc . for a restaurant , lounge and pharmacy as part of the proposed medical center development to be located at Hanshaw -, Road and Lower Creek Road . Mr . Levatich described their proposals . He reported that the pharmacy would serve approximately 30 doctors . It would not be open to the public in general , but the public could not be excluded . The restaurant and lounge would serve "' the employees and clients of the center . There would not be advertising or signs for this service . Mr . Levatich said the request is being made at this time because they need the assurance of the permit before construction begins on the medical building . He reported that these facilities are necessary for the whole operation . He said he visualizes the medical center as an " elaborate doctor ' s office " specializing in different medical professions . The floor was opened to the general public . Mr . Case from Varna said he did not approve of a bar in this complex . He said there were enough bars to be found within short distances of the complex . He said he was opposed for that reason . He questioned the water and sewer facilities . Mr . Levatich defended the need for a lounge as a place where employees and clients could go to get a drink if they wanted . As for the water and sewer facilities , Mr . Levatich said they would not be able to function with wells and drainfields and , therefore , they would need public facilities . Mrs . Barbara Caldwell , Planning Board Chairman , asked if they were proposing group practice . Mr . Levatich replied that will be left up to the doctors . Mrs . Caldwell noted that Section 1604 of the Zoning Ordinance refers to the Airport Hazard Area in which the medical center is proposed . Mr . Levatich replied that they plan to have low buildings and did not think that section was applicable II- to them and that the hazard area is not shown on the zoning map . George Hanford reported that the 701 General Plan prepared by Egner & Niederkorn in 1968 shows the hazard zone on their map . Discussion was had on who pays for the costs of public water and sewer facilities . Supervisor McCord re - ported that this cost is shared by the people in the district . Councilman Webb voiced concern that the bar could get out of hand . Mr . Levatich replied that they can have restrictions . Supervisor McCord closed the public hearing . TOWN BOARD MEETING At this time the Town Board Meeting of April 10th was called to order by Supervisor McCord at 8 : 05 P . M . He led the members and guests in the Pledge of Allegiance to the Flag . Roll call was by the Town Clerk . Supervisor McCord asked if there were any additions , corrections or revisions of the minutes of the Public Hearing and Regular Monthly Meeting of March 13th . Being none the following motion was made . "'Motion was made by Councilman Gridley , seconded by Councilman Cotterill , that the Minutes of March 13th be approved as submitted . F No corrections , additions or revisions to the minutes of March 27th and April 3rd was made and the following motions were offered . Motion was made by Councilman Gridley , seconded by Councilman Tarr , that the Minutes of the Public Hearing of March 27th be approved as submitted . Motion was made by Councilman Grdldley , seconded by Councilman Webb , that the Minutes of the Special Meeting of April 3rd be approved as submitted . COUNTY BRIEFING : County Representative Lee was present to report on county happenings . County Jail : County report found no substances to the allegations of mistreatment of inmates at the county jail . Hospital : Reminded the Board that there is no commitment to building a new hospital . A group of people plan to go to Lexington , Kentucky , to visit the Extendicare facility . Board of , Health : Pursuing a replacement for Dr . Broad . Recreation : Meeting with the 276 ✓ ural representatives and rural supervisors re county recreation . He urged the Town to take a position pertinent to county recreation concept . In - d ustrial development : Morse Chain will build a 10 million dollar development n ear the airport . They will pay taxes on assessment . County Radio : Secured a grant for the institution of a county radio network for state police , sheriff , village and city police . Social Services : Several candidates for Commissioner of Social Services . County Sewer # 1 : Continues to be revieiTed by Audit and Control . Stop sign re - alignment Route 162A : Has taken this matter up with Commissioner Stevenson and he is not satisfied with his thoughts regarding the stop sign on Irish Settlement Road . Questions and comments re hospital : Supervisor McCord inquired if there was a report and when will we see such a report on who are the people that will be served by the hospital . Mr . Lee reported that they are less than satisfied with the King and King report . Mrs . Ruth DeWire reported that . a good section o f the Town of Dryden has Ithaca post office address and were not counted in with Dryden . They have arrived at a new utilization figure for the Town of Dryden and a map will be available sometime in May . Established a • boundary line in counties such as Seneca , Schuyler and Tioga . . ' YOUTH COURT : Mr . DeCelles reported that they have not had any new cases . O ne more class then the bar exam . He requested that the Board make a ✓ esolution authorizing payment to Jeffrey Ross from January to the present . Mr . Ross has been working as coordinator for Youth Court . CITIZENS PRIVILEGE OF THE FLOOR Mrs . Layaw spoke concerning their special permit and reported that the barricade specified by the Town Board is not allowed according to the State D epartment of Transportation . She requested that this be stricken from the permit . Councilman Cotterill reported that a state man had called him and they discussed the situation . Councilman Cotterill explained to him that it was the Board concern of the traffic that prompted this action . Supervisor McCord said he would get in touch with Mr . Shannon and get it resolved . Alton Reed , Jim Calhoun and others were present to express their concern for the Fall Creek erosion in Varna . They said they need a sponsor or endorsement from the Town of Dryden in order to apply for funds . It was . noted that the town would be under no obligation other than sponsorship . Discussion re requesting work to be done by the highway department . Super - visor McCord advised them to write the highway department and a copy of the letter to the board members . Lynn Wright reported that he has received heath approval and has complied with the Planning Board ' s requirements and requested final approval from the Town Board . RESOLUTION # 74 GRANT SPECIAL PERMIT Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Lynn Wright for a mobile home park on Southworth Road in accordance that all conditions has been met by the Planning Board . 2nd Councilman Tarr Carried At this time Mr . Peter Levatich passed out a map outlining a request for extension of Sewer No . 1 to the Abbott property on Hanshaw and Lower Creek Roads into the hamlet of Etna . COUNCILMEN PRIVILEGE OF THE FLOOR Councilman Cotterill reported that the people in the subdivision on South Knoll Drive have made attempts to get cable service on their road and they 411 have not had any satisfaction . . He requested that the Board take action and get an answer from them one way or another . Councilman Gridley expressed concern as to what to do with the generator for Varna Sewer . It needs a storeroom . It is approximately 6 feet tall , 8 ft . long and 4 feet wide . Supervisor McCord asked Harold Case if it could be stored at the fire station . Mr . Case reported that he would take this matter up with the Board of Directors . ATTORNEY : Absent TOWN CLERK Clerk Stelick reported that she checked into the cost for an answering service for the zoning officer . The price quoted was 12 . 50 per month and 15 . 00 installation charge . She recommended that the signal button and intercom button be "removed from the four telephones as they are not used and the cost is over 5 . 00 per month . Discussion was had on purchasing the 277 answering device at a cost considerably less than renting from the phone company . Clerk • Stelick said she would check into this . ZONING OFFICER Zoning Officer Stewart reported that he issued 23 permits . Presently , no h earings are set for this month for the Town Board . There were no hearings for the Zoning Board of Appeals . RESOLUTION # 75 HIGHWAY BILLS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Highway Fund Bills be paid as audited . 2nd Councilman Cotterill Roll call vote - all voting YES D iscussion was had on the cost of utilities in the highway department . Also discussed some form of control re toll charges on the phone bill . RESOLUTION # 76 GENERAL FUND BILLS 110Councilman 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 REPORTS Total for March $ 3 , 800 . FINANCIAL REPORT : H ighway Fund : Receipts $ 6628 . 10 ; - Disb . $ 20864 . 07 = Bal . $ 73 , 299 . 92 General Fund : Receipts $ 3164 . 32 ; - Disb . $ 14 , 620 . 91 ; + Redeem Inv . $ 18150 . 06 ; - Invest $ 58000 . 00 = Bal . $ 18 , 301 . 13 CORRESPONDENCE Letter from the Village of Dryden re public hearing 4 / 17 changes in the zoning ordinance . Letter from Dept . of Transportation re petition of Lehigh Valley RR Co . for authority to change the status of its agency freight station at Dryden to a non- agency freight station under the jurisdiction of Cortland . Itotice of meeting by Budget & Administration re tax exemption for air ollution control facilities to be held at County Representatives Chambers 4 / 14 / 73 . Supervisor McCord said he would go to this meeting . Received revenue sharing check in the amount of $ 11 , 853 . OLD BUSINESS : Discussion was had re tree cutting by the town highway department . Supervisor McCord said this is a sensitive issue . The Board ' s feelings was to recommend to the highway department that they would like to see certain procedures ' before they embark on this kind of project in the future and request advance notice . Councilman Cotterill felt a request was in order from the highway superintendent on their summer work plan , conditions of roads , plans for widening , resurfacing , etc . Comments from the public regarding lack of communication with the Highway Superintendent . Mr . Levatich opinioned that someone from the highway department should be at the board meetings to answer questions from the public . NEW BUSINESS RESOLUTION # 77 CUSTODIAN ELECTION SCHOOL Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize Joseph Peterson and John Morey to . ttend the Custodian Election School in Jamestown . Lodging and auto trans - ortation for one car and meals to be reimbursed by the Town . 2nd Councilman Cotterill Carried RESOLUTION # 78 YOUTH COURT upervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this Board continue payments of $ 25 . 00 per month for Jeffrey Ross , Coordinator of Youth Court , retroactive January 1973 through April 1973 . 2nd Councilman Cotterill Roll call vote - all voting YES RESOLUTION # 79 SEWER # 1 Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize a preliminary feasibility study of extension of Sewer Dist . # 1 to the area outlined on a map submitted by Mr . Levatich . 2nd Councilman Tarr Carried 278 RESOLUTION # 80 SPONSORSHIP RE FALL CREEK REPAIR Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , that this Board pursue the sponsership of a resolution re cost benefit analysis of the erosion of property on Fall Creek in Varna , New York , along Route # 366 opposite Varna Community Association . 2nd Councilman Gridley Carried . RESOLUTION # 81 PLANNING BOARD APPOINTMENT Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , that this Board appoint Charles Kelemen to the Planning Board -- replacing Frank Gigliello . Said term commencing immediately to 12 / 31 / 75 . 2nd Councilman Gridley Carried RESOLUTION # 82 TRAVELING BOARD MEETINGS Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board empower the Town Clerk and Supervisor to set up a schedule of " traveling board meetings " . 2nd Councilman Gridley Carried MAY BOARD MEETING : Scheduled at West Dryden Community Center , 7 : 30 P . M . RESOLUTION # 83 AMEND LAYAW PERMIT Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board comply with the State Highway Department regulations with regard to ingress and egress and amend the special permit accordingly . 2nd Councilman Gridley Carried RESOLUTION # 84 STATE AID - YOUTH Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be authorized to file the recreation appli - cation for State Aid with the N . Y . State Div . for Youth for the year 1973 . 2nd Councilman Tarr Carried PLANNING BOARD Mrs . Barbara Caldwell , Chairman of the Planning Board , presented their recommendations for amendments to the Zoning Ordinance . To be changed is the density and area requirements of Section 702 , Section 803 and Section 904 . Also a change to RB Zone in accordance to petition submitted by residents south of the Village of Dryden . Said public hearing scheduled for May 15th , 7 : 30 P . M . , Town Hall . Adjourned 10 : 15 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk • f i 1 11 l ' k I� 1 I � I ' i t � � s i I, i , l'J I �. .�J i u i l: l�. ,. . _L ._ 97 9 SPECIAL MEETING April 24 , 1973 The Special Meeting was called to order by Supervisor McCord at the ' Town Hall , commencing at 7 : 30 P . M . Present were Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb and Attorney Amdur . RE : PENTAF DEVELOPMENT ASSOCIATES FOR A RESTAURANT- LOUNGE AND PHARMACY . Town Board Hearing held on April 10 , 1973 at 7 : 30 p . m . at the Town. Hall , Town of Dryden , for a Special Permit to build a restaurant - lounge and pharmacy on the premises now owned by David M . Abbott and situate at Hanshaw Road and Lower Creek Road . Applicant is the developer of a central medical center at the aforesaid premises . IIIThe Public Hearing was duly advertised and individual notices of the h earing were mailed to adjacent property owners . Present : Supervisor McCord , Councilmen : Clinton Cotterill , Lewis Gridley , Merton Webb and H enry Tarr . REVIEW OF HEARING Peter Levatich , representative of Pentaf Development Associates d escribed the proposalsfor the restaurant - lounge and pharmacy , and dis - cussed other aspects of the proposed development . Objections were made to a bar in the restaurant - lounge and discussion was held on the matter of the premises being within an airport hazard area as designated on the 701 Plan made in 1968 . Reference is hereby made to the minutes of the h earing for further detail of the discussion . After all parties present on the hearing were heard , the meeting was adjourned . REVIEW BY COUNTY PLANNING DEPARTMENT The application was submitted to the Tompkins County Planning Department for review and a letter from Frank R . Liguori dated April 18 , 1973 was received , in which letter regulations with respect to the legal hazard area are set forth at length , but indicating that there might be a lesser hazard involved and a high sound level affecting the proposed project . The recommendation was that the proposal be disapproved . FINDINGS OF FACT Upon consideration of all the submitted material , and upon personal observation of the premises , the Board finds that the project is situate more than 6000 feet from the end of the runway and lies outside of the FAA hazard zone as established on the official county airport map , using FAA Criteria . No ? airport hazard area " is designated on the Town of Dryden Zoning map and therefore the provisions of General Municipal Law , Par . 356 and the official county airport map shall apply hereto . All of the u ses , therefore , are allowed uses within the district , except for the ✓ estaurant - lounge . and pharmacy . �j The proposed restaurant - lounge and pharmacy are harmonious with the rest of the project and are not injurious to the teighborhood . The pro - posed bar in the restaurant - lounge shall be subject to the restrictions as set forth hereinbelow . • RESOLUTION # 85 GRANT THE SPECIAL PERMIT - PENTAF Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that this Town Board grant the Special Permit to Pentaf Develop - ment Associates for a restaurant - lounge and pharmacy , subject to the following conditions : 1 . The bar in the restaurant - lounge shall be a service bar only , and there shall be no advertising signs or other advertising of any nature inviting the general public to the premises , it being understood and agreed that this facility is to be used primarily by the occupants and employees of the center . 2 . The restaurant - loungeshall be constructed as part of Stage Three of the site development plan , which was submitted with and is part of the application . 3 . The applicant shall obtain the necessary approvals from State and local agencies with respect to water and sewer facilities and with respect to the construction of public buildings . 4 . Failure of the applicant to comply with any of the above stated conditions will result in revocation of the permit . 2nd Councilman Cotterill Carried Charles G . McCord - Supervisor Adjourned Rosemary Stelick - Town Clerk