HomeMy WebLinkAbout1973-07-10 294
P UBLIC HEARING
J uly 10 , 1973
Public Hearing was called to order by Supervisor McCord at 7 : 25 P . M . at
the Town Hall . Present : Supervisor McCord , Councilmen Cotterill , Tarr
and Webb , Zoning Officer Stewart , Attorney Amdur and approximately eight
citizens of the town . Absent : Councilman Gridley .
Supervisor McCord stated the purpose of the Public Hearing was the
proposed amendment to the Zoning Ordinance re Planned Unit : Development
D istricts . He reported that the current zoning ordinance has a rather
brief definition of Planned Development on page 13 , appendex A . The
proposed new amendment is based primarily on state legislation concerning
PUD and is more elaborately spelled out than in the present ordinance .
At this time the floor was open to questions , comments or suggestions .
Mrs . Ferger questioned development in residential zones . Supervisor
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McCord affirmed that there could be some commercial development within
a PUD in a residential zone . Mrs . Everett object to a Planned Unit
D evelopment in a residential zone . Jeanne : Vanderbilt said it was not
fair to give the RB residents protection and then take it away by allowing
commercial development through a planned unit development . Mrs . Lance
and Mrs . Everett was concerned about someone building a shopping center .
D iscussion of publication was held . Supervisor McCord noted that the
e ntire notice is publishedin the newspapers and was announced on the
✓ adio and in the newspapers and posted in various areas of the town .
He further reported that this type of development is a mixture of housing
activities within a given area ( minimum of 50 acres in a residential
area ) . This is a means of more flexible housing and flexible planning .
It would be opening up the development of the town which would be under
control and have water and sewer provided .
Mr . Relyea spoke in favor of the PUD as in the present ordinance the
concepts are not available under our present planning procedure . Stressed
the guide lines to be followed by the Planning Board , Town Board and
County Planner .
D iscussion of Sec . 2202 - example 800 sq . foot driveway would not have
to be deducted from open area .
D iscussion of Sec . 2203 - Attorney Amdur opinioned that could not include
30 % of the open area in the 60 % residential portion but opinioned that
probably some outdoor recreation and parking area could be included within
residential use .
Clarrification of Section 2209 .
Councilman Tarr moved for ajournment until a later date in that some people
h ad to leave for another meeting , failing a second , motion failed .
D iscussion continued . Mr . Relyea said the purpose of this hearing was not
for any specificcase but for the clarrification of something that exists
in the Ordinance .
Adjourned 9 : 30 Charles G . McCord - Supervisor
Ruth Hanford - Secty - Bookkeeper
O
BOARD MEETING
July 10 , 1973
Minutes of the Town Board of the Town of Dryden commencing at 9 : 30 P . M .
at the Dryden Town Hall . Present : Supervisor McCord ; Councilmen Cotterill ,
Tarr and Webb ; Attorney Amdur , Zoning Officer Stewart , and Highway
Superintendent Case . Absent : Councilman Gridley .
Mr . McCord called the meeting to order , and the Clerk called the roll .
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There being no additions , corrections or alterations of the Minutes of
the Public Hearings and Special Meeting of May 15 ; the Minutes of the
Public Hearings and Special Meeting of May 22 ; the Public Hearing of
June 5 ; the Minutes of the Regular Meeting of June 12 ; and the Minutes
o f the Public Hearing of June 26 , the following motion was made :
Motion made by Clm . Cotterill and seconded by Clm . Tarr that these
minutes be approved as submitted . Carried .
COUNTY BRIEFING : Mrs . Schickel - absent , conflict with annual school meeting .
CITIZENS PRIVILEGE OF THE FLOOR
Jeanne Vanderbilt spoke concerning two phone calls she had received con -
cerning the zoning map changes with strong opinions questioning Clm .
Cotterill's voting on this issue . Attorney Amdur stated there was no
conflict of interest because of the covenance in his development and no
0 impediment . Clm . Cotterill said he was pressured to vote by many of his
constituents .
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Cotterill suggested that the Town Board present a Resolution re -
questing a flashing light at the Peruville intersection , following the
example of the Board of Education of Dryden School . Clm Cotterill then
o ffered the following resolution :
RESOLUTION # 109 FLASHING LIGHT
Councilman Cotterill offered the . following resolution and asked its adoption .
Resolved that this Board go on record as favoring a flashing light at the
intersection of Groton Rd . & Peruville Rd .
2nd Clm Tarr Roll Call Vote - All voting Yes
Clm Webb reported that the Fire Coordinator has requested Insurance for
the Etna firemen . He suggested that the Town have a contract with the
E tna Department for $ 1 . 00 from now to the end of the year . Attorney
Amdur questioned whether they have progressed far enough for this .
RESOLUTION # 110 CONTRACT WITH ETNA FIRE DEPT .
Clm Webb offered the following resolution and asked for its adoption :
RESOLVED , that the Town BOrd enter into a contract with the Etna
. Volunteer Fire Dept . for the sum of $ 1 . 00 from now to the end of the
year - subject to its legality .
2nd Clm Cotterill Roll Call Vote - All voting Yes
Clm Webb reported on the local Grievance Day held June 13 . In almost
e very case , adjustments were made and sent to the county .
ATTORNEY - Attorney Amdur reported that the town is still involved in a
lawsuit when a car hit a pothole on Caswell Rd . The Town is not in bad
shape because the County was in the process of taking over this road at
the time of the accident . Mrs , Amdur said the town was not covered for
this type of liability and should check with Bailey ' s for this coverage .
Supervisor McCord asked Mrs . Amdur to follow this up .
ZONING OFFICER Z . O . Stewart reported that he issued 20 permits for the
past period . Board of Appeals had one case which was granted . He reported
h e had sent Keith Lamphear a registered letter with a return receipt , out -
lining the various violations he has not complied with . As this receipt
was signed by someone else , there is no proof that he actually received
0 this letter . After some discussion and advice from the attorney , Supervisor
McCord instructed the Zoning Officer to send Mr . Lamphear a violation
notice .
Z . O . Stewart reported that William Krantz had applied for a patio on the
trailer and asked the Board if he could grant this permit . Discussion
followed as to whether or not this is a trailer park and whether or not a
permit could be given . Spvr McCord instructed Atty Amdur and Z . O . Stewart
to work this Out .
H IGHWAY SUPERINTENDENT H . S . Case had no report . Spvr McCord requested
h im to move a generator to Varna to be stored at the Varna Fire Dept .
Mention was made of a letter from Mr & Mrs R . L . Messenger concerning
water problems along Upper Creek Road , Etna . Mr . Case said he would give
this his attention .
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CORRESPONDENCE
Copy of letter to Tompkins Co . Hwy . Supt . from Dept . of Transportation
stating that abandonment proceedings were being resumed for Forest Home
Drive as the bridge work has been completed .
Copy of letter to Steve Jones from JamesCaihoun , District Conservationist
stating that the request for help with the flooding situation in Varna did
not meet state requirements for financial aid .
Two letters from State Bd . of Equalization & Assessment concerning railroad
tax ceilings .
Revenue Sharing questionnaire from Citizens Task Force on Revenue Sharing .
Spvr McCord read a letter he had sent to Graham Watt , Dept . of the Treasury
regarding the planned use of Federal Revenue Sharing funds .
L etter from Mrs . Eugene Euvrard requesting two additional lights in the
Varna lighting district on Forest Home Drive . Spvr McCord instructed the
bookeeper to call NYSE & Gas to check need and cost .
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Copy of letter to Mr & Mrs Duane Church from Vincent Hannan , City of
Ithaca , Public Works , denying water hookup . Mr . MCCord stated that he
would pursue this .
L etter from Assn . of Towns concerning State Retirement benefits . Spvr
McCord suggested that Boad members express concern to their legislators .
RESOLUTION # 111 HIGHWAY FUND BILLS
Clm Cotterill offered the following resolution and asked its adoption :
RESOLVED , that the Highway Fund Bills be paid as audited .
2nd Clm Webb Roll Call Vote - All voting YES
RESOLUTION # 112 GENERAL FUND . BILLS
Clm Tarr offered the following resolution and asked its adoption .
RESOLVED , that the General Fund Bills be paid as audited .
2nd Clm Webb Roll Call Vote - All voting YES
JUSTICE REPORT- Judge Hoagland $ 2105 . 00
Judge Newhart $ 1475 . 00
FINANCIAL REPORT
H ighway Fund : Receipts $ 8 , 982 . 24 ; Disb . 21 , 351 . 79
Invest 2 ,000 , Redeem Inv . 138 , 254 . 76 , Reinvest 136 , 000 . 00
Balance 45 , 790 . 01
General Fund Receipts 772 . 16 Disb . 9822 . 41
Invest 1 , 000 . 00 , Redeem Inv . 113 , 649 . 43 Reinvest 95 , 256 . 98
Balance 22 , 818 . 12
RESOLUTION # 113 FINANCIAL TRANSFER
Clm Tarr offered the following resolution and asked its adoption :
RESOLVED , that the Supervisor be and hereby is authorized to transfer the
sum of $ 75 . 60 from General A 3620 . 2 signs to Highway Fund for repayment
of Inv . # 09241 , Voucher # 224 paid in error .
2nd Clm Cotterill Roll Call Vote - All voting YES
Notice of Public ' Hearing on Ringwood Court , to be July 17 , 1973 at
7 : 30 in the Town Hall .
Charles G . McCord , Supervisor
Adjourned at 10 : 35 p . m .
Ruth Hanford , Secy . , Bookeeper
for R . Stelick
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PUBLIC HEARING
July 17 , 1973
Supervisor McCord called the Public Hearing to order at 7 : 35 P . M . in the
Town Hall on July 17 , 1973 . Present : Supervisor McCord , Councilmen Tarr
and Webb and Attorney Amdur . Absent : Councilmen Cotterill and Gridley .
Also present : eleven area residents .
Supervisor McCord said that the Board was ready to hear all persons in -
terested in the permanent improvement of Ringwood Court road .
Mr . James Hood , Ringwood Court resident , stated that for twelve years
the property owners had been trying to get a right of way so that the
✓ oad could be turned over to the town , and he hoped that it could be
accomplished soon . .
When asked about financing the improvement , Supervisor McCord told the
group the road would be paid for as a benefit district . Those within the
d istrict would pay a special tax to finance the cost ofrroadconstruction .
B ids would be let , and if the amount were more than the $ 17 , 000 contained
in the petition , a new petition and hearing would be required .
Attorney Amdur said that first a survey would be made , and then if any
owners not in favor of the project refused to sign , condemnation proceedings
w ould be necessary .
RESOLUTION # 114 RINGWOOD COURT
Supervisor McCord offered the following resolution and asked its adoption .
WHEREAS , a written petition , dated June 25 , 1973 , was duly filed with this
B oard requesting the permanent improvement of Ringwood Court by the constructio
thereof in the manner hereinafter determined upon by the Board , and
WHEREAS , said petition was duly signed by owners of real estate owning real
estate to the extent of at least one - half of the entire frontage or bounds
on both sides of Ringwood Court , a private road , and also signed by resident
owners owning not less than one - half of the frontage owned by resident
owners residing in or along Ringwood Court , and
WHEREAS , the said petition was duly acknowledged or proved as to each
signer in the same manner as required of a deed to be recorded , and
WHEREAS , at a meeting of said town board duly called and held on June 26 , 1973 ,
an order was duly adopted by it and entered in its minutes , reciting the
filing of such petition , the improvement proposed and the maximum amount
proposed to be expended for the improvement as stated in such petition ,
to wit , the sum of $ 17 , 000 . 00 and specifying that the said Board would
meet to consider the petition and to hear all persons interested in the
subject thereof concerning the same , at the Town Hall at Dryden , New York ,
o n the 17th day of July , 1973 at 7 : 30 p . m . , and
WHEREAS , the said order , duly certified by the Town Clerk , was duly
published and posted as required by law , to wit , a duly certified copy
thereof was published in the Rural News , the official paper of this Town ,
o n the 4th day of July , 1973 , and copies of such order posted on July 5 ,
1973 , conspicuously in five public places within the district to wit :
D ingler ' s Market , Etna ; Red & White Store in Freeville ; Victory Market ,
Dryden ; Johns Gas Station , Varna; and J & J Gas Station on Slaterville Rd . ,
a copy of said order having been duly posted on the sign board of the Town
o n the 5th day of July , 1973 , and
WHEREAS , a hearing was duly held by this Town Board at the place and on
the date and time hereinbefore mentioned , and at such place and time , the
said Town Board did duly consider the said petition and hear all persons
interested ,
NOW , THEREFORE , after such hearing and upon the evidence given thereat
and pursuant to the provisions of Section 200 of the Town Law of the State
of New York , it is hereby
RESOLVED , that this Board does hereby determine that it is the public
interest to make the improvement petitioned for , to wit : by construction of
the necessary improvements in accordance with the specifications for town
✓ oads ; and it is further
RESOLVED , that Donald F . McKee , surveyor . and engineer shall prepare
d efinite plans and specifications and make a careful estimate of the
e xpense , and with the assistance of Helen Amdur , Esq . , the town attorney ,
shall prepare a proposed contract for the execution of the work ; and that
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such plans and specifications , estimate and proposed contract shall be
presented to this Board as soon as reasonably possible , and it is further
RESOLVED , that Donald F . McKee shall survey Ringwood Court and establish
the lines and grades thereof , marking out upon the ground the side lines
of the lands to be owned or held by this town for highway purposes ; and
that he shall place such survey and a profile of the grade of such highway
u pon blueprints ; that there shall be at least three complete sets of
blueprints prepared showing such survey and a profile of the grade , one
o f which shall be filed in the Town Clerk ' s office , and the remaining
two of which shall be delivered to this Board ; and that a ma flmum of $ 1 , 250 . 00
is hereby appropriated from the general funds to pay the cost of making
such survey and Of preparing such blueprints .
2nd Councilman Tarr ' Roll call vote - all voting YES
Adjourned 7 : 55 p . m . Charles G . McCord - Supervisor
Janet Graham - Deputy Town Clerk
PUBLIC HEARING
August 7 , 1973
Public Hearing was called to order by Supervisor McCord at 7 : 40 p . m . at
the Town Hall , August 7 , 1973 . Present : Supervsior McCord , Councilmen
Tarr and Cotterill , Zoning Officer Stewart and Attorney Amdur . Also
present : Mr . and Mrs . John Chapman and Mr . and Mrs . Nick DePerno . Absent :
Councilmen Gridley and Webb .
Supervisor McCord reported that the purpose of said hearing was upon
the application for a special permit for Carl E . Haynes of 115 Williams
Street , Groton , to build four eight unit apartment houses to be located
at the corner of Virgil and Livermore Roads . Requirement of Sec . 803 of
the Town Zoning Ordinance .
Mr . Haynes presented his project to the public . He reported that there
w ill be four eight unit apartments with an average of 2 bedrooms in each
u nit . There will be a paddle tennis court and a paved bike and walking
path . Approval of Tompkins County Health Department has been made but
not in writing yet . Approximate size will be 750 square feet per apartment .
Fire wall between each unit and a balcony on each unit . The land consists
o f 6 acres and is owned by his partner , Anthony Bonarti . The size of the
buildings will be approximately 3600 square feet each . The parking area
w ill consist of 67 spaces ( slightly more than 2 per apartment ) .
At th is point and time , the floor was open to questions and statements
of the public . John Chapman , corner of Livermore and Virgil Roads , was
concerned about the type of sewage disposal . Mr . Haynes reported that
the soil tested rather gravelly and they are required to install two tile
fields with 6 lines in each and at a length of 61 feet . Space is being
✓ eserved for a back up system in the event that the present system should
fail .
Mr . DePerno inquired as to the height of the buildings . Mr . Haynes
✓ eported that it will be two stories from the ground . Mr . DePerno was
concerned as this project will block out their view of the valley . Mr .
D ePerno was also concerned about kids trespassing in their horse field .
H e requested that Mr . Haynes be compelled to put up a wooden fence or
somthing solid . He has a barbed wire fence but did not think - that
sufficient to hold out the children who would be attracted to his horses .
In answer to questons from Mrs . DePerno , Mr . Haynes said they plan to
✓ ent to middle income small families , not considering renting to students .
There will be a large receptacle holding about 8 garbage cans for each
apartment house . Had not thought about pets , will deal with that when the
time comes . '
H e stated to Mrs . Amdur that he is complying with state regulations for
multiple housing .