HomeMy WebLinkAbout1974-06-11 _ . 330
June 11 , 1974
PUBLIC HEARING
. Public Hearing was called. - to order by Deputy Supr Webb at 7 : 30 pm at
the West Dryden Community Hall on June 11 , 1974 . Present : Deputy Supr
Webb , Councilmen Gridley , Cotterill and Joubert , Atty Amdur and Z . O .
Stewart . Absent : Supr McCord .
Purpose of the hearing was the question of a proposed amendment to the
town zoning ordinance re signs , Article XV , Section 1502 , Par . 11 , 12 & 13 .
The floor was opened to the public and copies of the proposed amendment
w as made available .
Robert I . Williamson and his client , Mr . Parks , was present and inquired
o f Atty Amdur if they would be permitted to move their signs that would
be in violation of the 300 feet setback to another location that would
comply . They have signs at the intersection of Rte . 13 and Etna Lane ,
on the hill south of Etna Lane and Route 13 intersection ( Rte . 13 ) and
Rte 13 and Simms Hill intersection . Attorney Amdur determined that they
w ould be allowed to move said signs within a period of six months with
a building permittto a new location as long as it complies with setbacks .
Clm Cotterill spoke relative to the Simms Hill - Livermore Rd & Route 13
intersection . He said that intersection is going to be regraded by the
State and signs will be removed regardless of this ordinance .. Atty Amdur
determined that the signs on the hill ( Rte . 13 ) would not have to be
moved .
Deputy Supr Webb read a letter from the ZBA ' strongly recommending that
the Town Board proceed with the required steps to phase out nonconform-
ing signs and billboards . Continuing nonconforming usage which is
primarily benefiting out - of- town advertisers and operators to the
detriment of the visual attractiveness of our landscape is illogical
according to the letter from Mr . Levatich . Mr . Levatich also noted that
Lafayette Radio is using tractor trailers and vans as advertising signs
by placing displays on their side and parking it in . a conspicuous spot .
Mr . Williamson said their signs are kept in tip- top condition and is
mostly local advertisement .
Gretchen Sache , Martha Ferger , Ellen Bonn and Anne . Everett all favored
the abolishment of billboards over a five - year period . They felt it
destroys the architecture and landscaping , only about 1 / 4 of the signs
existing advertise businesses in the Dryden area and it is advertise -
ment of the past .
Martha Ferger asked for opinions of the Board with regard to their feelings
and opinions . Clm Joubert replied that inroads should be made in the
zoning ordinance against pre - ekisting rights and does not feel we should
ruuethem out . Clm Cotterill reported that the first proposal was to phase
out all billboards in a five year period following the pattern of the
Town of. Ithaca . Reluctantly accept that we restrict and clean up eye
sores and see what towns do over the next five years and follow suit .
The Board is not ready to phase them out . Clm Gridley said he was not
overly pleased with theproposal the way it is and not sure that he likes
the idea of phasing signs out completely . Robert Everett , member of the
Planning Board , reported that the Planning Board over a year ago supported
a phase out program over a five year period .
One gentlemantspoke relative to the amendment in that it go well beyond
billboards to that it refers to any sign or billboard except those signs
attached to a building , etc . and this would affect free standing business
signs such as Basket Shop , Tweitmanns , Plantation Inn , etc . He did not
see the necessity for this amendment with all the control in the ordinance .
Clm Joubert reported that we do not have control over obsolete signs
_ and billboards and we do not have a clearance of 300 feet over existing
signs . It was requested that the Board not pass on it as the way it is
written it would definitely affect local business establishments ; and if
there is widespread knowledge there would be more people present .
Mr . Parks defended this type of advertisement and said it is Americans
oldest industry and ' least expensive form of advertising and is a legitimate
media . Mrs . Ferger said pre - existing rights must balance pre - existing
rights . of people who have to look at this everyday . .
Attorney Amdur agreed that it did cover on site signs and if they are in
an intersection they would have to be moved . She said we- will have to
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change the language . Any major change will have to come back to a new ..
hearing . The Board promised no action this evening .
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Hearing declared closed at 8 : 30 P . M . Merton Webb - Deputy Supr
• Rosemary Stelick - Town Clerk
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- . "June 11 , 1974
• • BOARD MEETING
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Minutes of the Town Board of the Town of Dryden commencing at 8 : 30 p . m .
on the 11th day of June , 1974 , at West Dryden Community - Center . Present ?
Deputy Supr Webb , ' • Councilmen Gridley , Cotterill . and Joubert , Atty Amdur
and Z . O . Stewart . ' Absent : Supr McCord : Called to order by Deputy Supr Webb .
Members And guests participated in the Pledge of Allegiance to th'e Flag .
Roll call was by the Town Clerk . " •
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Motion was made by . Clm Gridley, seconded by Clm Joubert , that the
Minutes - of May 2 ( Public Hearing and Special Meeting ) and Minutes of
May 14 ( Public Hearings and Board Meeting ) be. ' approved as submitted .
Carried . . •
COUNTY BRIEFING
Report was made by Cty Rep • Watros . Route 13 : Chairman appointed 6 member
committee to work with DOT re realignment of• Route 13 . Hospital : Slow
progress ; expect a recommend by next month for new constgUticiplopir renovation
of present building . D . A . Salary : Expects it to be set a€ , b0 , O00 . for
full - time position . • There will be a reimbursement to the county of $ 10 , 000
as the DA' salary will' . be ' equivalent tos a- Judge salary . Bottle Legislation :
Pressure ' to adopt legislation to have: deposit for bottles . The county
prefers to • see the State' of NY • 'adopt it at a state • level . Discussion was
had on the Health Maintenance Organization in that the • health committee
is working on it and ' Cornell has displayed some interest ' in the program .
CITIZENS PRIVILEGE OF THE FLOOR
Robert Russell - spoke - relative to . his property on Short Road . He felt he
should have highway maintenance as he has - to pay property taxes . The
Board discussed the status • of town roads . Ross Gerbasi reported that he
talked -.with l McCord , Cotterill , Z . O . Stewart And Atty Amdur . He raised
questions as to whether he owned the road ( Short Road ) or the town owned
the road . He was - told to research the . town records . He noted that Town .
Law states that you can not issue a building - permit unless it is on a
town road . Such a permit was issued by the Zoning . Officer and. Mr . Gerbasi
opinioned that by that action the town ha& accepted Short Road as a town
road and it is not getting any maintenance to enable emergency vehicles'
to enter such as an ambulance , fire truck , etc . Mr . Gerbasi -opinioned
that the town should open up the road or . relocate and - reimburse Mr .
Russell for his expense . He requested that the Board- make - a decision . •
The Board took no action ' at this time . .
Area residents complained about the condition . of .Bone Plain Road . Jeanne
Vanderbilt noted that Bone Plain Road was not suppose to accomodate v'
garbage trucks and she has talked ' t o . Mr : Lee regarding. the speeding
trucks . She said the county has not lived up • t o their part of .. the bargain .
She felt the .county • should chip . in and pay for part of the maintenance on
Bone Plain . Road . Deputy Supr- Webb reported. that some of the federal
revenue money is going to be released for road . building and they can
recommend • this road to the highway superintendent .
. . - . •
Keith Lanphear was present regarding - his - non- compliance of the zoning
ordinance . He reported that he has sold a number of the concrete . blocks
and the rest : .will be used in his buainess . Has sold most of the trucks . •
He plans to keep 3 trucks and license them . He reported - . that : the Board
told him , to get rid of the blocks and unlicensed trucks and . . aftefle
sold the materials he was told he needed a permit . Attorney Amdur noted that
he has been advised of the Board ' s position re letters to his attorney
and • Z ; O . Stewart has talked with him . Clm ' Joubert opinioned that the
court action pending. against him should be taken care of first before the
Board can make a decision . .
Pete Debruyn stated that they would like to see zoning as it' is in .
Lansing whereby only certain sections are zoned . He felt that the West
Dryden area zoning regulations should be dropped .
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Ross • Gerbasi spoke relative to zoning with one man on the job for the
amount of time he puts in . He suggested that the town consider an
assistant zoning officer .
COUNCILMAN PRIVILEGE OF THE FLOOR
Nothing to report .
ATTORNEY .
Atty Amdur spoke relative to the Etna Community Association being
refused a permit for the Etna Nursery in that current law prohibits
a building being erected within 5 , 000 feet of a landing strip . Said
landing strip is owned by Bob Keech and registered with the DOT and
FAA according to Keech since 1958 . Attorney Amdur opinioned that a
nursery school to that close proximity might make the town liable . Mr .
Dingier , President of the Etna , community Assoc . , wanted to know
if they relocated the building could they get a perthit . Bob Keech supported
their efforts but did not want to see the building directly across the
runway . Atty Amdur reported that she - would check with Albany and get
more details , but it will take time .
TOWN CLERK
Clerk Stelick reported that her tax collection period had ended . She
reported that she collected a total of $ 539 , 810 . 53 with $ 38 , 634 . 88 out -
standing and the balance collected by the county amounting to the total
warrant of $ 733 , 613 . 62 .
Letter from the Dryden School thanking the Town Clerk and others for
participating in their sixth grade career day . visit % at the town hall .
ZONING OFFICER
Issued 31 building permits for the period . Asked permission to schedule
a public hearing for the 25th re topsoil removal . Permission granted .
REDUCE SPEED REQUEST
Mr . Russell spoke of the through traffic on the West Dryden Road that I
intersects with Sheldon Road . He reported that there is a stop sign on
Sheldon Road but nothing to slow down the speeders on West Dryden Road .
He is concerned for the safety of children crossing the road to the
playground . Deputy Supr Webb said the proper procedure is to send a
letter to the Town Board specifying the request . .
CORRESPONDENCE
Deputy Supr Webb noted that Peter Levatich wrote relative to the method
of advertisement being used by Lafayette Radio by placing displays on the
side of trucks and parking it in a conspicuous place .
Budgets from the Community Associations has been received . The town has
decided to allocate some of the revenue sharing funds to recreation ,
some to roads and some to capital improvements . The actual amount for
each catagory is not definite yet .
Letter re meeting with the Commission on State and Local Finances .
Resolution from the Board of Representatives listing the appointment of
members re Route 13 corridor restudy .
Resolution from the Board of Representatives re mandatory rabies
vaccination of dogs and licensing .
Information. from the Board of Representatives re clean up of property on
Peruville and Wood Road .
RESOLUTION # 108 AWARD BID
Clm Gridley offered the following resolution and asked its adoption .
• RESOLVED , that this Board award the bid for construction of Ringwood
Court to Roger Beck in the amount of $ 15 , 140 . 00 .
2nd Clm Cotterill Roll call vote - all YES
TOWN HALL
/ . . Clm Cotterill 'reported that the walls are going up on the new addition and
the septic system is in . .
RINGWOOD COURT
Clm Cotterill and Clm Joubert felt they were very misinformed re Ringwood
Road . They said the new roads in Ellis Hightands should never been accepted
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by the Planning Board and Highway Superintendent Case until Ringwood
Court was settled . Clm Cotterill said he viewed the roads and they could
D ave been very easily attached as a through road . He opinioned it as
very inefficient . He said he is disgusted with the way this was handled .
RESOLUTION # 109 RECREATION PAYROLL
Clm Gridley offered the following resolution and asked its adoption .
RESOLVED , that the Supervisor be authorized to process a payroll every
2 weeks for the Town of • Dryden Summer recreation Commissioner . Vouchers '
will be audited at the following Town ' Board ' Meeting at the end of the
program . .
2nd Clm CotterR11ESOLUTION # 110 TRANSFER • FUNRoll• . call• i .vote - all voting YES
Clm Joubert offered the following resolution and asked its adoption .
RESOLVED , that the Supervisor be and hereby is authorized to transfer
$ 8000 . 00 to the Capital Fund . ( Town Hall Addition ) 1894 . 14 from General
Fund land $ 6105 . 86 from Special Accourtr7 Time Deposit # 798 . .
2nd Clm Gridley Roll call vote all voting YES
RESOLUTION # 111 APPOINT ELECTION CUSTODIANS & INSPECTORS
Clm Cotterill offered the following resolution and asked its adoption .
RESOLVED , that this Board appoint John Morey , ' .Democrat, and Joseph Petersen ,
Republican , as Custodians of the Voting Machines at a fee of $ 200 . 00 each
annually , and be it •
FURTHER RESOLVED , that the following be appointed as Election Inspectors
for the term 7/ 1/ 74 to 6 / 30 / 75 at the rate of $ 2 . 00 . per hour :
Republican Democrat
District # 1 Florence Payson Carol Nowalk
Ina Sutfin . • Marie King
D istrict # 2 Velma Blackman Verna Myers
E leanor Collins Lillian Church
District • # 3 • Joyce Gerbasi . Beatrice Westfall
J ean Cotterill Mary Fellows
District # 4 Ruth Munch Eleanor Church
Agnes Snow . Anne Robson .
Alliene Brown
D istrict # 5 Mary Lumbard Marilyn Czerenda
Mary Nash Anne Scaglione
Amy Russell .
D istrict # 6 • Helen Schutt Edythe Humphrey
Mary Bryant Sibyl Gould
L eona Sherman
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D istrict # 7 Evelyn Cook Anne Tuttle
E lizabeth Havington Linda Woodin
D istrict # 8 Rena Kirk Joyce Stout
Florence Seaman Alene Frost
Melba Harden
District # 9 Beverly . Schaufler • Elfriede Batterman
Virginia Bizzell - Nancy Seebass
District # 10 Elfrieda Woodard Patricia Seewald
E sther Pulling Harry Eversdyke
Daisy James
Alternates : Alice Cooper III
Janet Fitchen
2nc Clm Gridley Roll call vote - all voting YES
RESOLUTION # 112 DESIGNATE POLLING PLACES
Clm Gridley offered the following resolution and asked its adoption .
RESOLVED , that this Town Board designate the following Polling Places in
the Town of Dryden :
District # 1 West Dryden Community Center
D istrict # 2 Freeville Village Hall
D istrict # 3 Dryden High School
D istrict # 4 Varna Community Center
D istrict # 5 Houtz Hall , Etna
Continued
354/
Rebotu-tLon 112 ( Con ' .t )
District # 6 Dryden Village Hall
Districts # 7 & # 10 Dryden Town Hall
District # 8 Bethel Grove Community Center
District # 9 Ellis Hollow Community Center
BE IT FURTHER RESOLVED , that the following Polling Places receive
$ 35 . 00 each for the year for the use of their facilities :
West Dryden Community Association
Varna Community Association
Etna Community Association
Bethel Grove Community Assoc .
Ellis Hollow Community Assoc .
Dryden Central School
2nd Clm Cotterill Roll call vote - all voting YES
RESOLUTION # 113 VOTING MACHINE SCHOOL
Cim Gridley offered the following resolution and asked its adoption .
RESOLVED , that this Board authorize John Morey to attend the Voting
Machine School in Jamestown , lodging , mileage and meals to be re -
imbursed by the town. •
2nd Clm Cotterill Roll call vote - all voting YES
RESOLUTION # 114 ATTEND REGIONAL PUBLIC HEARING
Cim Gridley offered the following resolution and asked its adoption .
RESOLVED , that this Board grant permission to the Town Clerk and Sec -
Bookkeeper to attend regional Public Hearing re State and Local Financing
at Hornell June 27 and that mileage and meals be paid for by the town .
2nd Cim Cotterill Roll call vote - all voting YES
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RESOLUTION # 115 ADVERTISE FOR BIDS
Clm Gridley offered the following resolution and asked its adoption .
RESOLVED , that the ; Highway Superintendent be authorized to advertise
for bids for a used 10 -wheel truck not to exceed $ 2 , 500 . 00 .
2nd Cim Cotterill Roll call vote - all voting YES
RESOLUTION # 116 DISABILITY INSURANCE COVERAGE
Cim Cotterill offered the following resolution and asked its adoption .
RESOLVED ; that this Board allow the Village of Dryden to join with the
Town for Disability Insurance Coverage for their employees , paying their
own share with the assurance that there will be no disadvantage to the
Town in rating by this action . ° and no liability incurred by the Town .
2nd Clm Gridley Carried
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RESOLUTION # 117 APPOINT TOWN PLANNER
Cim Gridley offered the following resolution and asked its adoption .
RESOLVED , that this Town Board appoint Marcus Trumbo as part - time Town
Planner at $ 5 . 00 per hour .
2nd Clm Cotterill Roll call vote - all voting YES
RESOLUTION # 118 APPROVE HIGHWAY BILLS
Cim Cotterill offered the following resolution and asked its adoption .
RESOLVED , that the Highway Bills be paid as audited .
2nd Cim Joubert . p. Roll call vote - all voting YES
RESOLUTION # 119 GENERAL FUND BILLS
Cim Gridley offered the following resolution and asked its adoption .
RESOLVED , that the General Fund Bills be approved as audited .
2nd Cim Cotterill Roll call vote - all voting YES
JUSTICE REPORT : Justice Newhart $ 3030 . 00 ; Justice Miller $ 715 . 00
IIIFINANCIAL REPORT :
Highway Fund Receipts $ 18 , 582 . 52 ; Disbursements $ 24 , 899 . 25
General Fund Receipts $ 26 , 187 . 94 ; Disbursements $ 35 , 469 . 08
POLLING PLACE
Letter from Martha Ferger re complaints about the inadequacy of the
polling place in the Dryden Village Hall . It is crowded , drafty , cold
and most uncomfortable for the inspectors and the voters . She urged the
Board to consider using some other place in the same neighborhood if
possible . Mayor Watros said they could move upstairs but this would be
a hardship for older folks . .
t Adj ,our.'ned . 9 : 55 P . M .. , Merton Webb.- Deputy Supervisor
Rosemary Stelick - Town Clerk