HomeMy WebLinkAbout1977-08-09 196
PUBLIC HEARING
HOUTZ HALL , ETNA , NY
SPECIAL PERMIT TO OPERATE A RESTAURANT AND
GIFT SHOP - Francois Cario Boeres
August 9 , 1977
Minutes of the following Public Hearing held by the Town Board of the
Town of Dryden at Houtz Hall , Etna , NY on August 9 , 1977 commencing
at 7 : 30 PM . Present : Supv McCord , Clw Graham , Clm Cotterill , Clw Tarr ,
Clm Webb , Atty Amdur and ZO Stewart .
Supv McCord read the notice that was published in the newspaper stating
the purpose of said hearing was to consider the application of a Special
Permit for Mr Boeres to build a restaurant and gift shop on Rt 13 north
o f Dryden between Rt 13 and the Old Dryden Rd .
41,
QUESTIONS AND / OR COMMENTS
Mr Donald McKee showed the Town Board a blue print of the proposed
✓ estaurant and gift shop and museum . Mr Boeres runs L ' Auberge Alpine
Restaurant in McGraw . The blue print legend 1 - = Restaurant and lounge
100 seats , front and rear porch , split level 2 - Snack Bar and Gift Shoppe
3 - Covered eating area 4 - Covered display area ; antiques and carriages
5 - Blacksmith Shop 6 - Existing barn , remodeled into museum for old farm
implements 7 - Antiques , wood burning steam boiler 8 - Court yard with
brick pavers , gat lights and well 9 - Existing farm shed .
Clw Graham wanted to know who owned the property south of the Proposed
✓ estaurant . ZO Stewart stated Armando Natale .
Mr McKee stated that he thought that ft would be more of a tourist
✓ estaurant with European Style . A main restaurant , the L - shaped would be
w here people could get ice cream or hot dog . In the old existing barn
w ould be a blacksmiths shop and display area . The property is 3 . 7 acres .
Clw Graham stated this wasn ' t just a restaurant and gift shop as stated
in the Public Hearing notice and permit applied for .
Mr Schenck wanted to know the entrance and exit to the restaurant .
Mr Julian stated he owns property in Dryden and Virgil and about 3 years
ago he went to a Town Board meeting in Virgil . Mr Muncey , the Town Highway
Supt . informed the property owners living on the old Dryden Rd that
eventually the road between Mr Schenck ' s house and Rt 13 would be abandoned
because it would hot be feasible to repair . Clm Cotterill asked Highway
Supt . Humphrey who maintained that portion of the road . Mr Humphrey stated
that the Town of Dryden maintanied the road . Mr Julian said the reason the
question came up was that the property owners were getting 2 different
towns for snow removal service . Mr Muncey said they might as well get used
to Virgil because the Town of Dryden was going to abandon that section of
the road . Mr Julian wanted to know if this was true . Supv McCord stated as
far as he knew it was not going to be abandoned .
Mr Boeres stated that he had a nice clientel with no roughness , because
he would not tolerate such a thing to happen . He stated that it would be
like a Museum Village with a Blacksmith Shop , and Wagon Shed . The
restaurant would serve from 75 to 95 people . Clw Graham wanted to know 0
if there would be a bar . Mr Boeres said there would be a service bar .
He felt that the restaurant would be a compliment to the community .
Mr Honan wanted to know if he would have musical type entertainment .
Mr Boeres said no that he had not given it any thought at this time .
He felt this type of musical entertainment is not very profitable in
this type of restaurant . Mr Honan wanted to know the hours that his
restaurant would be open . Mr Boeres stated from 11 : 00 AM to 11 : 00 PM
Mr Schenck thought the Old Dryden Rd was very narrow and not well maintained .
Clw Graham wanted to know how this would be advertised . Mr Boeres
said only by word of mouth and no advertising at the moment .
Mr Julian was very much concerned becaused there are4. about 30 children
in this area and felt that there would be an increase in traffice to this
restaurant . This is why the residents in the area have moved for the safety
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o f their children . Mr Julian ^ presented the Town Board with a petition of - A
30 names opposing the restaurant . Mr Boeres stated he had driven down the
✓ oad and saw children playing and he had thought about it . Mr Boeres was
w ondering if there could - be one entrance for in and out traffic .
Mrs Hawkins wanted to know if there had been any investigation of safety
✓ ecords on Route 13 in this area .
Mr Julian felt that there was a big difference between the Village of
McGraw and Old Dryden Rd . where they are residential now and would like
to keep it that way . Supv McCord stated that this is an allowed use with
a Special Permit in the Town of Dryden because it is zoned RC .
IIMr Hawkins felt that the Old Dryden Rd . is very dangerous in the winter
time , so the question of access to this restaurant should be answered .
Also the source of water supply and sewage disposal . If in the future
Rt 13 would be widened what wbu ) d be the access to the restaurant .
• / There is an establishment now in the area that stays open until 1 : 00 AM .
Mr Hawkins hoped that the Town Board will give this much consideration
and thought . Supv McCord stated that the water and sewage is governed
by the Tompkins County Health Dept . They determine the adequacy of the
system .
Clw Graham wanted to know if there had been any test holes dug . Mr McKee
said that this spring a test hole was dug approximately 9 ' deep in the
area where the sewage would be and it was All boney stone and gravel ,
w hich would be 150 ' below the barn . Wells in that area are 180 ' to 190 '
deep which seem to be adequate .
Mr Julian stated about 1 year ago someone could not § et the Cortland County
Health Dept approval to build 15 to 20 houses because of the soil conditions .
Mr McKee stated that he had done spot testing in the same area that
Cortland County Health Dept had done and they would only approve on a
per lot basis as each house was built , so you might not be able to only
build about 1 house out of the 15 you had applied for .
Mr Schenck wanted to know what could be done to stop this restaurant
from being built if the Town Board approved the Special Permit . Supv
McCord stated that the Town Board holds a Public Hearing , hears the
questions and comments , statements from the proposer and then reaches
a decision . The Town Board could reserve judgement to look the area
o ver and find out answers to questions . The Town Board has 30 days to
grant the permit or not to grant the permit . If the Town Board did grant
the permit it could be under certain conditions . If the residents { ar. e
unhappy they would have to go to court .
Mr Hawkins stated that 3 miles north of this proposed location there are
7 restaurants all within a short distance of each other . He didn ' t feel
another one would be essential . There was also concern about all the
school buses that travel this road 3 and 4 times a day .
Mr Gunzenhauser stated that this property in questcion which he is selling
for the restaurant and the other parcel across the road to Mr McKee for a
development of several houses . He felt this would be very beneficial to
both Cortland and Tompkins County . Mr Gunzenhauser didn ' t know if
Tompkins County had a land interim use map like Cortland County , but
Cortland County land interim use map on Route 13 has allocated all the
area through Rt 13 to be commercial or industrial . Cortland County is
n ot in favor of spot zoning but more interested in strip zoning .
41/ Atty Amdur wanted to know if this would be the same type restaurant he now
o wns in McGraw . Mr Boeres Slated that it would be .
Mr Schenck stated that if the Dryden Town Board does approve the permit he
_ _ is going to sell his house right away . Also wondering what the property
in question sold for .
Mr Hawkins stated that the Town Board should take into consideration the
property value in the area that this type of establishment would have .
Also the development along Rt 13 . It will be congested like Elmira Rd .
Mr Hawkins hoped the Town Board could control this type of thing from
happening .
Clw Graham stated that the legal notice read a restaurant and gift shop .
She didn ' t realize there were such th ggs planned as a museum . Also wanted
to know what kind of merchandise the gift shop would carry . Mr Boeres
stated plants , pots , candelabra made out of wood . He really hadn ' t
decided on what articles he would have yet , nothing big . Clw Graham
w ondered if it would be craft articles made by people from the area .
Mr Boeres said he had looked into that and has found someone who makes
pottery .
Mr Hemminway was wondering if the restaurant could be open less hours .
He was concerned with the hours he would establish for his business now
but what will happen 10 years from now if he decides to sell the business .
The restaurant could be open all hours . Clw Graham wanted to know if the
County Planning Board had received the same information that the Town
of Dryden had received . Supv McCord stated that they had .
Mrs Julian was wondering about bright lights being on after hours for
security reasons . Also how was the public going to be directed to this
✓ estaurant . Mr Boeres stated only through word of mouth . There would
be no signs . He does not believe in large signs and he has none at
his other place of business in McGraw . Mrs Julian stated that several •
people she had spoken to in the neighborhood had presumed that this
was to be a small restaurant and gift shop . Had they known there was
going to be a museum village more property owners would have been here
instead of just signing the petition . Mrs Julian felt the legal notice
w as very vague and misleading . She felt that there should be another
Public Hearing so that these people become aware what is really going on .
Atty Amdur stated that the legal notice stated restaurant and gift shop .
It didn ' t state small food stand or museum . Wondered if Mr McKee could
explain more in detail . Mr McKee stated that there are 2 buildings on the
property now . The new main restaurant will be a structure of 70 ' x32 ' with
a balconey . 16 ' x80 ' and 16 ' x50 ' L - shaped with one leg 50 ' x80 . Ode section
would be just decoration .
glw Graham stated this enterprise would cost a lot more than was stated in
the building permit . Mr Boeres said he planned on doing a lot of the work
himself .
Mr Julian stated that had the property owners in the area had know there
was to be an ice cream stand and museum he felt more people would have
come to the hearing . A small restaurant and gift shop was told to us over
the phone when they had called up to find out information . Mr Boeres
stated when he says museum it might be something else because he doesn ' t
know what kind of decoration . He said it could be a gallery with some
nice pictures from different artists . Mr Boeres didn ' t see why a museum
should be connected to the whole construction Itself .
Mr Honan said it is not the type of enterprize or the extent . It is how
much traffic it is going to generate , how much of a hazard it will impose
and what will it do to the nearby property values .
Mr Julian stated that who knows 10 years from now if Mr Boeres finds that
he can ' t make a go of the business , we would not like to find ourselves
in the same situation as the Adult Book Store .
Closed Public Hearing 8 : 30 PM
TOWN BOARD MEETING
HOUTZ HALL , ETNA , NEW YORK
AUGUST 9 , 1977 •
Minutes of the Board Meeting held by the Town Board of the Town of
Dryden at Houtz Hall , Etna , NY commenced at 8 : 30 PM
Called to order by Supv McCord
Roll call was by the Town Clerk
Present : Supv McCord , Clw Graham , Clm Cotterill , Atty Amdur , Clm Webb
Clm Tarr and ZO Stewart
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August 9 , • 1977 •
We the . unde•raigned object to the request by Francois Carlo Boeres for
: ' a s:pecial: permit • asking permission to build a restaurant and gift shop
. on, ,Rt . 13' North ,:of Dryden between Rt . 13 and Old Dryden Road . We .
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therefore) ask • that , this request be denied ,
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Motion was made by Clm Cotterill and 2nd by Clm Tarr that the minutes
o f the Board Meeting held on July 12th after the correction had been
made under Attorney . In the first paragraph Atty Amdur has sent nt , el r 1
order to the judge , instead of the owner . c. . �w "' 1° L"�
Also Clw Graham stated in ` Resolution # 93 Revenue Sharing Funds , there
w ere no amounts in the resolution of the Public Hearing notice . Correct
the minutes to include the amounts .
COUNTY BRIEFING
County Rep Watros reported that the County Youth Bureau will hold its
first meeting the first part of September and the bureau will be hiring
a director . Rep Watros is a member of the youth bureau representing Dryden .
There should be about 20 other people representing the different municipalit 'ie
Clm Webb wondered if the Town of Dryden would get any money , without going
• through the county youth bureau . Supv McCord stated that the Town of Dryden
can submit our own program and we can funnel it through that agency . In
o ur Town Youth Bureau as we designate it and the town wants to put our
dollars behind the County Youth Bureau program . We , the Town , will then
get the matching funds that are due the town through the state law .
County Rep Watros stated that in addition there would be additional
funds that would be distributed . Supv McCord stated that the county can
attract additional funds over and above what the town would be able to .
Those funds would go to the county and that is where the county can allocate
additional funds as they see fit . This does not take funds away from the
town . Mrs Bonn wanted to know the kind of representation there would be
to the County Youth Bureau . Supv McCord stated there would be 1 person from
the Town of Dryden and 1 from each village . Also wanted to know about the
programs conducted by the Ithaca Youth Bureau , was wondering if this would
n ow be conducted by County Youth Bureau . Supv McCord stated that not
n ecessarily . County Rep Watros stated that it would be very doubtful that
the county will ever develop programs . It will be a coordinating agency
Which will help assist in local programming .
Reported on Freeville Sewer system - The possibility of getting the County
Planning Funds for developing preliminar1 plans for sewer study . The county
is trying to develop a program where the county can advance funds to
municipalities as a planning loan . The municipalities would then have
sufficient funds to develop feasibility studys and also design plans . They
will be considered by Budget and Administration committee the appropriation
o f about $ 25 , 000 . This money would be channeled through the County Planning
Office to municipalities in Tompkins County that need planning loans for
that purpose , Freeville is making a request . Clw Graham stated between
$ 14 , 000 and $ 16 , 000 . for an engineering study to be made . If the project
was not approved that the money for this engineering study would not have
to be repaid to the county . If it was accepted the money would be
✓ eturnable to the county at about 85 or 87 % . County Rep Watros stated
that the money would be put in a revolving fund . The money would be . made
available to small municipalities .
Supv McCord stated that if it was going to basically be a benefit dist .
area then Freeville has to form the dist , define the dist , and essentially
the dist is going to get the loan . Clw Graham stated that Freeville wanted
to know if the Town of Dryden would approve of Freeville asking the county
for the funds , which are going to be made available by the county
appropriations . Supv McCord stated that it could be made a benefit dist
which would be broader then the Village of Freeville itself , so that you
start with a big enought benefit dist that will benefit everyone . You don ' t
start with a small base and then sell it to someone else . You start as
large as possible . Supv McCord stated his advise to the Town of Dryden was
to form a benefit dist . The geographic area should be defined as a benefit
dist and that benefit dist should receive the loan or planning grant to
z undertake the study . Atty Amdur stated that there would probably have to
be intermunicipal between the Village of Freeville and the sewer dist in
the Town of Dryden and the surrounding area . County Rep Watros stated that
the committee would make the request on behalf of the Village of Freeville
and the Town of Dryden . The funds would be given to the Village of Freeville
and Town of Dryden jointly and then turned over to Freeville for the study .
CIO ()
RESOLUTION # 95 FREEVILLE SEWER STUDY
Supv McCord offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board of Dryden , authorize Mayor Clayton Dans ,
of the Village of Freeville , to act on behalf of the Town of Dryden in
their application for a planning loan from the Tompkins County Board
Preliminary Feasability Design of the Freeville , Town of Dryden Sewer Dist .
2nd Clm Cotterill Carried
CITIZEN PRIVILEGE OF THE FLOOR
Mrs Bonn wanted to know according to zoning what power the County Fair
has in terms of future development . Atty Amdur thought they had special
regulations about what county fairs can do . The Town does have an
ordinance ; but if there is a State Ag Law it would over - ride our Town
Ordinance . Mrs Bonn stated that there was deep concern if there were
automobile races allowed . Atty Amdur stated that according to the
State Ag Law it would be allowed if she vemebered correctly . There is
a section in the law which authorizes and specifies what the activities
are and that can supersede any town law . There was some discussion .
Atty Amdur stated that she would check out the State Ag Law and send
a copy to Mr Jay Allen , Pres of the Etna Community Assoc .
Mr Case wondered if the water system could be updated so that there could
be shut - off valves on the water system . Supv McCord stated that this could
be done at the same time the budget was worked on .
Also storage for the generator at the Varna Fire Station , because they
were running out of room . There was some discussion . Mr Case said he would
talk with Varna Fire Co about building a storage shed .
Mrs King wanted to know the progress of Upper Creek Rd . and Etna Rd .
Hwy Supt Humphrey stated that the lower speed limit and curve signs have
been ordered and are waiting for them . They were ordered in the middle of
June , which come from Mass .
Wanted to know the situation of the old barnthat has fallen down by the
Etna Playground . ZO Stewart stated that it was the Dutch Prince 11
property who has since deceased and is now in the estate . ZO Stewart
has contacted Mr Ward , Atty who is in charge of the estate .
Wanted to know if the Town of Dryden had considered a dog lease law .
Supv McCord stated that the Town Board has discussed it many times .
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Tarr - nothing
Clm Webb - nothing
Clm Cotterill - nothing
Clw Graham - make correction in resolution # 93 to show amounts of Federal
Revenue Sharing money .
Reported there were 2 vacancies on the Town Planning Board . Jim Lyon
is leaving the area and Michael Proulx for lack of time .
ATTORNEY
Atty Amdur asked the Town Board to revoke Resolution # 90 regarding S
anticipation notes for Southern Cayuga Lake Intermunicipal Water
Commission . that was passed by the Town Board at the Juicy 12th meeting
and at the end of this board meeting instead of adjourning , that the
Town Board adjourn from day to day until she receives notification
on the proper procedure on the various funds .
RESOLUTION # 96 REVOKE RESOLUTION # 90Cand
ADJOURN DAY TO DAY
Clm Webb offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board revoke Resolution # 90 passed on July 12 , 1977
concerning the anticipation notes for Southern Cayuga Lake Intermunicipal
Water Commission and at the end of this Town Board Meeting instead of
adjourning that the Town Board adjourn from day to day until Atty Amdur
receives notification on the proper procedure .
2nd Cli w Graham Carried
20f
Atty Amdur received the order from Judge Lee which was signed . Judge Lee
gave the defendant 30 days to comply . The 30 days would give them an
o pportunity to take an appeal from this order if they so desired and try
to get a State order from the Appelate Division . The order was entered and
filed on July 25th . A copy was sent to the attorney for the defendant in
Schenectady , New York . They have an extra 3 days which would be July 29th .
If they do not close the 29th of August , Atty Amdur will take a certified
copy to the law enforcement officers .
TOWN CLERK
Wanted to know if the Town Board - wave the penalty on 1 water bill from
Cornell Univ . since it is paid from the State Office in Albany . The Town
Board felt that the penalty should be paid like every other bill . If it
is not paid by a certain date then the penalty is added .
Recommended to the Town Board the name of Duane Church for Dog enumerator .
• Mr Church had approached the Town Clerk last year when Mr Westfall thought
that 1976 would be his last year .
ZONING OFFICER
Reported 16 building permits . ZBOA had 1 heating and denied permit because
o f lack of road frontage . $ 260 . 00 in building permits $ 25 . 00 Special Permit
and $ 25 . 00 for ZBOA application . Clm Cotterill wanted to know if Mrs Read
o f the Dryden - Harford Rd had contacted him about a building going up without ;
a building permit . Wanted to know the situation . ZO Stewart stated he had
started a building without applying for a permit . Mr R Thomas came in and
talked with ZBOA to see what his chances would be . ZBOA discouraged him
for applying; for a variance but would listen to him . Mrs Read said the
building is 6 ' from her property line . ZO Stewart stated he has stopped
work and that he has issued him a violation letter . Mr Thomas is undecided
as to go to ZBOA or tear the building down . There was some discussion and
decided that Mr Thomas is in violation now and the court should make the
decision .. Supv McCord stated it should be handed over to the court even
though he has stopped work on the building . The Town Board felt that the
ZO should allow up to 3 days to correct a violation and if it is not
corrected within 3 days then the matter will be processed through the
justice dept .
HIGHWAY SUPERINTENDENT
The county has considered 'replacing the bridge on N George Rd . Also
o eplacing the bridge on N Caswell Rd . Supv McCord wanted to know if he
had bought a grader yet . Hwy Supt . Humphrey stated that he is still
looking around and has narrowed it down to a couple .
SUPERVISOR
There was some discussion on who to appoint to the youth board . Clm
Cotterill stated that he would contact Mr Don Smith to see if he would
be interested .
Letter from James Guteluis on Snyder Hill Rd and Richard Wilsen on Mill St
thanking the highway for the nice work that is being done .
Letter from Lewis Gridley to Town Board members requesting the appointment
o f dog enumerator .
III ' RESOLUTION # 97 APPOINT DOG ENUMERATOR
Clm Webb offered the following resolution and asked for its adoption .
RESOLVED , that this board appoint Lewis Gridley as dog enumerator - for the
year 1978 .
2nd Clm Tarr Carried
RESOLUTION _# 98 AUDIT HIGHWAY BILLS
L
Clm Cotterill offered the following resolution and asked for its adoption .
RESOLVED , that the Highway Bills be paid as audited .
2nd Clw Graham Roll call vote - 611 voting YES
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RESOLUTION # 99 AUDIT GENERAL FUND BILLS
Clm Webb offered the following resolution and asked for its adoption .
RESOLVED , that the General Fund Bills be paid as audited .
2nd Clm Tarr Roll call vote - all voting YES
Justice Reports Judge Sweetland - $ 1082 . 00 Judge Newhart - $ 1386 . 00
F ?INANCIAL REPORT REVENUES EXPENSES
General Fund A $ 17150 . 05 $ 21229 . 27
General Fund B 13733 . 66 50889 . 84 - �
Fire Protection District 769 . 14 753 . 49
Federal Revenue Sharing 14213 . 00 9 . 98
Highway Fund 67957 . 89 91779 . 29
OLD BUSINESS +
III
Traffic signal by Dryden Central School . There was some discussion and
was decided that if the state will take the knoll out of the state .
road and the Town Board will see if Dryden Village will annex the road
from Spring House Rd to Rout # 13 so that the speed limit can be lowered
to 30 MPH .
RESOLUTION # 100 REDUCE SPEED LIMIT BY DRYDEN
HIGH SCHOOL
Clm Cotterill offered the following resolution and asked for its adoption .
RESOLVED , that this Town Board petition the State of New York for a
thirty - mile speed limit on Route 38 from Route 13 to Spring House Road and
also from Route 38 on Spring House Road to Route 13 and to correct the
road conditions on Route 38 to improve the visibility .
2nd Clm Tarr Carried
NEW BUSINESS
Next meeting Dryden Town Hall - August 16th
III at
Next monthly meeting Dryden Town Hall - September 13 , 1977
Adjourn day to day
_auk.,43 , 4e--extAc-CL
Susanne Lloyd
Town Clerk
III
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SPECIAL MEETING
AUGUST 16 , 1977
Minutes of the Town Board Special Meeting held by the Dryden Town Board
on August 16th commencing at 7 : 30 PM
Present : Supv McCord , Clw Graham , Clm Cotterill , Clm Tarr , Cim Webb and
ZO Stewart .
Supv McCord called the meeting to order .
1st item on the agenda regarding Southern Cayuga Lake Intermunicipal
Water Commission .
Supv McCord stated that no financial information has been received yet on ,
• the needs for financial procedures for the water commission . Dryden ' s
share of the deficit is $ 7618 . 92 . Because the date of some of these bills
will come due before our next meeting Supv McCord recommended a resolution
to allow the expenditure of the transfer from the General Fund to the
Water Dist . in the amount of $ 7618 . 92 in order to forward that to the
commission when it is needed on the condition that the General Fund will
be repaid d from the Water Dist .
RESOLUTION # 101 TRANSFER FROM GENERAL FUND
TO WATER DISTRICT
Clw Graham offered the following resolution and asked for its adoption .
RESOLVED , that the Supervisor be authorized to transfer $ 7618 . 92 from
the General Fund Account to the Water Dist . Account in order to forward
that to the commission when it is needed on the condition that the
General Fund will be repaid from the Water Dist .
2nd Clm Tarr Roll call vote - YES
2nd item on the agenda is to act on the request for a Special Permit
from Francios Cario Boeres to operate a restaurant on Old Dryden Road .
See attached notes pages 1 thru 16
RESOLUTION # 102 GRANT SPECIAL PERMIT TO
FRANCOIS CARLO BOERES TO BUILD
A RESTAURANT AND GIFT SHOP
Cim Cotterill offered the following resolution and asked for its adoption . ,
RESOLVED , that this Town Board grant the Special Permit to Francois
Cario Boeres subject to the conditions and restrictions as set forth
in the minutes of the Town Board discussion and directing the Town
Attorney to prepare such special permit including the review of the
hearing , findings of fact , and decision , to include the conditions
and restrictions specified by the Town Board .
2nd Clm Webb Roll call vote - Supv McCord - yes
Clm Tarr - yes
Cim Webb - yes
Clm Cotterill - yes
Clw Graham - opposed
* see attached permit from Attorney Amdur )
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Adjourned day to day
,,��0ceywv�e_ V ' t
Susanne Lloyd
Town Clerk
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.. 'I` ! ' Called to order at 7 : 30 Pm
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m.___ Supv McCord - the second item or the agenda is to : act on the
request :for a Special Permit to operate a restaurant on the
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' ' •Old Dryden Rd . !. ! n did receive a letter from crank T_ i quori •: -
. e who is the commissioner of plannino . He writes to Sib Stewart ,
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! ; ' and . I will read it . ( See attached letter ) He did not have
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' a coo:y of the plans when he wrote this so those are his '
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P concerns . Is there any further discussion on. the request ? ;
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C1w Graham - I talked with Mr Churchill who is with Tompkins
ii . ' County Planning Dent . today hecause T was sort of sjirnrised
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• • 1 when some nentlerlan said last week that Cortland County was ,
' 5,'. , zoning all that commercial alone that area . ' t was to he all ,
c. 4 commercial estahlishment 's alone' Pt 13 in Cortland County , .
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So I ' asked Mr Churchill about it today and he said of course
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t there - is s the Town of Cortl antivi I l e which ch i s north of us and
ii then directly north of Dryden is the Town of !' irni1 . He
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C t , reminded me that the county doesn ' t have anything to sa,y
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' about:' what is pomp to haonen in the town : They can make •
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j recommendations ` and that is it , hut he said that for about {
', 1 1000 feet north c; f Gracie Rd which is in the Town of .
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e Co 'rtlandv, i ` lle that is zoned agricultural I guess . The Other .
- _ p is zoned industrial on Rt 13 in the Town of Cortlandville '
. I ' ' and then I talked with Mrs Mahar who is the Town Clerk in ;
a,
' ! '[ i , reil and asked her for any information on ? t13 .: . and its '
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adiacent . lands on either side because rr Churchill has ' . said
. that the Town of Viroil was in the process of doing slime
rezoning but she said that it hasn ' t none to Public Nearing
, yet and it has not come to any permanent change has taken : fl
place . Clr� Cotteri ? ? do they have to issue permits for ,
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things like the fodne C; arage , that type of thing .
Clw *Zraham - posh I didn ' t ask her that Clint I don ' t know .
Clm Cotteri1l - those are commercial uses that have been
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allowed in the last 5 years .
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Clw Crahan - Right okay well she said she would check it and
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find out for me more in Particular , hut she knew that Bart of
•+: it was zoned agricultural and residential and Part of it was
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H a business or commercial section , and i am talking about in
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i ! the Town of Virnil on either side of P. t 13 up to the Town of
is
Cortlandville okay which starts there at gracie Rd which I
; think you know where that is . tut he said that Cortland County
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! Planning has suggested that they you now he easy on
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commercial developments on 13 inasmuch as theres been no
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plans taken for rerouting or enlarninn it and than I talked
kwith Mr Liguori on Friday and he was saying that in the event
Pt 13 was widened which may hapnen if it is not changed you
know the direction, of it this could affect properties on either
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11 side of the road , business or residential . of course if we run
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; F out of gas We won ' t have - to worry . Everybody could walk , ride
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a bus or ride a bicycle or net a horse . T thought that was
' I interesting . There are some areas that are zoned agricultural
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and residential . I think it is anod for us to know what is
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happening to towns that are rinht adjacent to us .
_ ' Supv McCord - are there any other discussion , questions ?
Cirri Cotterill - i don ' t know , this roan , I don ' t know anything
about his business in McGraw , I have asked several neonle , the
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reports have been at least favorable and that he has done a
good job on improving his business and designing it and having
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a nice place . From all indications from neonle I ' ve talked
with , he has at least been reliable . i think that is one factor
that I am interested in knowing because the fact is that
i we have hooked - up with people that aren ' t reli -able . '' ie have
also got into things beyond our control because of them . Put
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my personal opinion is that whatever we do if it is to allow
something we should decide what restrictions as to what , when
and how and I agree with Mr Liguori . T think that any
entrances if there is to be any which should he mandatory off
the old road and I think there is much less problems on the
a old road .
Sunv McCord - that is the way he -has it .
Clm Cotterill - yeah that is the way he designed it , but I
still want to be sure it was well restricted .
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Clw Graham - that it wouldn ' t he feasible to have an entrance
off of Rt 13 because there is to much of a rise in the ground
there .
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Clm Cotterill - it can change ground awful fast if you don ' t
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restrict it , you know what I am savinn is that is desirable
it should he mandatory Hart of something . I r !: r , . � thing those in
: ; my opinion anything is allowed this or otherwise WP need to
be very cautious about what and see that we do have some
regulations .
Clm Tarr - I am a little bit concerned about the snack bar , j
gift shop , ice cream . hot does , antiques and carriages .
Restaurant and that location is one thing but why oven to
almost anything is something else . I agree with Clint there
should he some restrictions on it .
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Clm Cotterill - those things don ' t sound half as bad to me
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as the type of business that you get in some of these local
beer gardens where allow l
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they an , , thirtg . I would rather see
some antiques and sight seeing events and some leisure control
• open to see the type of place that some of these turn into .
Be the last thine I would hate to see is a local beer narden
with the type of crowd that is strictly a drinking crowd . I '
this isn ' t noinq to he a leisure tynp dining and a place to
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net off the road , dine and relax without the huh - hub and
noise and drinking so forth then 1 don ' t think it is a
desirable type business . nut 1 really don ' t see any harm in
antinues and an old blacksmiths shop , people wonderinn around
lookinn at , half as much as T. do noise , beer gardens and finhts
and disruptions in the middle of the ninht . Those are the
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type of thinns i would like to see avoided .
Clw Graham - the other thing when you look on the zoning man
there are 5 entrances onto Rt 13 in a one mile distance . There ,
Old r R ( b
nth the "' a, lloryvil le " d , l ;i ryden c , ( .. nth ends that count
2 ) , Sweetland Rd is 4 and there is another road up here to •
the right that comes in .
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Clm Cotterill - Nye Rd
Clw Graham - What is it .
Clm Cotterill - Nye Rd .
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Clw Graham - Nye Rd . , right here this one , okay so there are
5 entrances onto Rt 13 in one mile .
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Clm Cotterill - that is one of the advantages of having
' i anything ? ? ? you don ' t increase the number .
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Clw Graham - ! leaven forbid if you did that .
Clm Cotterill •- that is what I ' n' saying , T wouldn ' t want ? ? ?
to encourage ? ? ? ?
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Supv McCord anything else
Clm Yehh - the one thing that bothers me is like our planning
, , dept says look at this and look at that but never Hive you an
alternative . If you turn this down you ' ve not land there what
are you going to do with it , are you going to allow anything
in it . If a guy owns it he owns the land are we going to tell
him okay you own it , you can pay taxes on it f, ut you are not
going to be able to do anything with it . I think we are
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netting to restrictive when we say this . I don ' t think any of
us want any more construction , hut then when you tell neople
that they own land , well yeah you can own but n it hi ,vou can ' t
do anything with it ,
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' ; Clw Graham - well we haven ' t in effect said that .
Clm Webb - well we pretty near do if we say we don ' t want any
more entrances on 13 . It is almost saying like we don ' t want
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it any more traveling on 13 . i would be for this if the state
would be willing to - compensate landowners for this sort of
thing . If the state wanted to say we runt to keen this an
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open road fine . I would agree with it 100 % , hut let ' s
compensate the landowners along there for this . So that land
along there is worth something .
Supv McCord - one point I would Tike
, . . . . that this is an
H allowed use in this area in the Town of flryde n for a c
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Permit . The rational being that there is a hearing and this
' ' hearing of the concerns and any conditions that it is an
allowed use by our zoning ordinance with a Special Permit .
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Clm Webb - there has been more business noina up all alone
i , Pt 13 and has been for the last 20 years , all the way from
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Cortland to Ithaca , it is almost impossible to stop unless
you put your foot right down and say to landowners okay here
are so many x number of dollars . I don ' t See anyway . of stopping ,
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' Stink/ McCord - we have controlled it ':' Err in other areas and
we designate .
rim Webb - Oh you can do it but how can vou tell one landowner
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okay you have to keep your land hut then the next landowner
you allow him to put a business in . They allowed the Dodge
Garage to no in , they allowed the Elm Tree coif Course
to do in .
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In Dryden we ' ve allowed how many businesses from here to
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• Ithaca and than all of a sudden you say okay here is a stretch
j of land - we aren ' t going to allow anything . This seems
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Supv McCord - to review procedures , planning authorities ,
I by the Town Planning Board , by the Town Rnard , by the initiation i
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Mr ? ? - there is no business along Rt 13 that is going to be
as close to a residential area as this is going to be .
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! { Clm Webb - this could be argued . Pe had a swimming pool
Is business right next to yellow Warn just west of us which is ;
' . 150 ' - 200 ' from residential house across the road . Rioht
with the mutual consent of everybody involved pretty much .
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Supv McCord - now as time goes on obviously land use
appreciates of overall ? ? ? ? 701 plan . This is the best . use '
I for the land as determined by the Planning Board .
Clm Webb - right but they had a use for it .
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Supv McCord - this would he the least restrictive . f I
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Clm " ebb - ? ? ? at least 175 acres aroung us with nobody else
near us if we could do it . Rut I think this is impossible .
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I don ' t think there is any way you• are telling everybody else
that they can ' t use their land when you do this . {
Mr Julian - sir what we are saying is that we aren ' t arguing
that this man shouldn ' t have this , or that his character is
' + not upright because I don ' t know him personally , but I ' ve
fe been to his restaurant in McGraw which is a very nice place .
j What we are saying is that our road , we don ' t feel can handle
that amount of traffic which he is nlanninn for 95 narkino
spaces . He nrohably won ' t have that filled gap all the time
hut the road up there in our estimation won ' t handle that kind
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of volume of traffic . It is noinn to be a place with as many
things he has on there as Planned . That is what we are ob ? ectinq
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H Clm Cotterill - - if the road is improper that is up to the
! , town to see that the road is nroper . The question is it
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" detrimental in the fart that it is impossible for 40 cars ; >
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li' a day to drive through there . I don ' t think we can tell anybody
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1 they can refuse to lose their land because of the road . If ;
hthe road has a problem , I think we have to do something about
Lthat problem . Rt 13 no question about it from your area to
fd Ithaca the most accident rate road in the state . We all agree
ji with that and we would like to do something about it . They
have to improve the h5ghway , they ' ve not Ot t0 g Ve us a hTahway
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that will handle the traffic . l'' e aren ' t going to he able to
tell all the people who work in Ithaca you have to quit driving
Rt 13 because it is unsafe . We are all concerned about it and
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14 I don ' t think we can tell every business place in the United
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States you have to go - out - of business because the roads won ' t
ii handle the people you are attracting . I think we have to do
something about . being able to handle the traffic. . If you are
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ii talking about 1000 cars I would agree with you . If you are
talking about an average of 40 to 50 cars a day and i doubt
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that we are talking about anything greater than that , possibly
! on a busy time it would he greater , but we are talking about
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' ; 5 or 10 cars an hour or maybe 15 . J don ' t think we can tell
any person , if I have something at my house and there are 30
cars coming , I don ' t think my neighbors can tell me they can ' t
come because they have kids in my area and they rninht be ` .
endangering them . I think the town has to have a hinhway there
; I that will handle 20 or 30 or 40 cars . I have peen up there
and looked it over and there are about 2 or 3 houses from
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this place to Rt 13 on the same side of the road . There are
many houses up on the upper side . Those people do not have
to cross the road , they use the road to go in and out and
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it don ' t have to no by this business to get to Cortland or
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' to get out to Rt 13 . In fact there is not one of you people
d that are forced to drive by this business place to no to Rt 13 .
. • " I believe that is very truthful , T. was un there and looked
it over . Not one of you have to drive past it because you go
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H down from where ever you live , you go out Gee Hill Rd to Rt 13 ,
ir you do not drive on Old Dryden Rd unless you want to go to
. Ithaca , than it is your prerogative to do that . You do not
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have to go by this business . You do not have to no within
I 300 ' - 400 ' of this business , because it is that far from the
# r intersection .
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Mrs Julian - but what about people that cone up from that way
H and then up .
H Cim Cotterill - that is their prerogative , it is a public road .
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I can ' t tell people in the rest area they can ' t come up over
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Old Dryden Rd . I don ' t know how many do , I do not observe that . •
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! I don ' t know whether the county has ever counted . i don ' t
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know how many people use the rest area and come up the Old
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1 ' Dryden Rd . to Gee Hill Rd . You people would know more about
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that than I would , but there is no way I can tell those reople
H they can ' t . There maybe a lot of traffic coming from the rest
• area by your area I don ' t know , I
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Mr Julian - how do you figure this restaurant and place he has R
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not planned going to conform with the rest of the neighborhood
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that is there . This is residential - agrir_ ultural . area .
• Supv McCord - it is an allowed use with a special permit .
d Mr Julian - I realized that with a special permit hut it
. ; i doesn ' t conform on bit with what is already there in that area .
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Clm ' Cotterill - it conforms with to what the allowed use in
1 the Town of Dryden for that area ,
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' i Mr . ? - let ' s net back to the restaurant . Between Cortlandvilln
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, $ and Dryden there are 12 eating nlaces whether they are fast
food or leisure dining areas . You have them all within a span
of about 6 or 7 miles .
; { Clm Cotteril1 - what does that have to do with this restaurant ?
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Mr ? - yes i think it does , I think that ' s enough .
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Clm Cotterill - we have freedom of the county . You have a
! ' right to start a business if it is an allowed use . It isn ' t
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up to me to tell you whether it is needed or not , that is up
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to you to decide . We are not sure he would no into business ,
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; I to invest . I assume that he has valued the area very closely
t and decided whether he feels a business can survive . That I
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sj don ' t know . .
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Mr Hawkins - I have a few observations and nuestions here .
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1 Mr Webb points out that this landowner , he has a few acres
o there and you can tell him what it can he used for . 'Jell I
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! i think everyone in the room should recognize that landowners
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are a speculator and he has hits and pieces o & land for 15 miles `
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, i around here waitinn for the opportunity to unload . Co I don ' t
think we should feel sorry , it is like investino in the stock
' ! market . You win some you lose some . Co T don ' t feel that
o should be an imnortant consideration or any consideration here .
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i o i think he ? ? enough to reconnize the road will be widened and
in that rock cut a slice of his land will be taken away so why
should you and we be so concerned with his loss in the future .
' So he wants to unload it on somebody . " hat will this do to the
property values of those of us who live in the neinhborhond .
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I know a nentleman here , with nlasses says that we on Sweetland '
L Rd and others need not be really concerned . ";:' ell I damned well
o am concerned . What does it do to the value or my nrorerty , his
property , hers and so on . Havinn a commercial establishment
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Planted right in the middle . Will the assessor come over and
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i reduce the assessment , I don ' t know . When you stick something
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in the neighborhood here that is totally incompatible with
', I what is there not , residential and agricultural . Traffic you 4
mention 5 - 10 cars per hour . ,ghat does it take to service a
restaurant . Okay lets just have a look . ow many service trucks
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will You need each day , If you have 6 kinds of beer , r different
kinds of beer trucks wi 1 1 be coming in . He intends to serve
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liquor , okay liouor supply trucks , soft drink trucks , coke ,
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Pepsi and so on Dairy products , milk , ice cream and so on ,
H meat and produce . To get rid of some of thic you will need
h garbage trucks too . So it isn ' t only the
matter of a few cars ,
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t lets look at this but heavy trucks moving in and out together .
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: ! Along . Rt 13 in recent years since Dave Buono opened his Dodge
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Garage there have been 3 breakins , at least 3 that I am aware e
tI of . A year ago or so Flm Tree Golf Course was broken An . A
, 4 substantial amount of linuor taken from the club house one
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storeroom and cash in a register and you are going to have
Ii somebody who is going to be interested in that . Okay . so this •
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I . is a matter of security for the neighborhood as well . Put up
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a lot of bright lights . I can see that
t rAd� _ barn from my house ,
' i although I am way around the corner on Sweetland Rd . You put .
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c ; up a bunch of nice high lights and you say 300 ' - 400 ' away
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it is of no concern . It is a tremendous concern to Pie . If I
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wanted to see bright lights I would have lived in the city ,
that is where I lived before . Also Friday afternoon I drove
on the old road and there was an awful lot of water standing
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on it from the rainstorm on '.Wednesday afternoon , so that road
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i4sn ' t to good . Now is it fair really to put the Town of Dryden
taxes to upgrade and maintain a road for a private enterprise
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from which you hone to collect some taxes in the future . m. ayhe ;
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. it will balance out , but I don ' t see why anybody - - should do that i I
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in the first place . 95 car ;parking lot . Where is the run off
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E , from the rain like we had last !Wednesday afternoeln . '4here is it '
; i to qo . It is going to no southward on the slope , down that
, ; creek and then into McLean Bonn . This is an environmental
concern because from parking lots you have drips from this
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: ! and that from vehicles . You have oil , anti = freeze , gasoline
spills , and what not and this winds up in '" clean Bonn . This
j is an ecologically important area studied by Cornell , Elmira
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Collece and others . I think we should have something of an
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fto make this difficult just fair and honest . Just because a
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C land speculator wants to unload this 3 acres or so . Snecial
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! . Permit , this year have restaurant , next year someone thinks
go up the hill and build a motel , beautiful view , another one
over in Virgil whatever , next year somebody else comes along
0 1 and oh my nosh you not this you ' ve not a restaurant and a motel ,
4 lets nut un a gas station . Lets put up a howling alley . When
is this going to end ? Thank you for 3 minutes for your time .
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Mr ? - you commented on his application with regards to his
ifrestaurant complex as it appears to he . ' ! hat I nather it is
going to be antiques , shop , fast food shoe as well as a leisure
± , restaurant and old iron shoe or some kind of complex .
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Mr Hawkins - last week he added some art collections too in the
last part of the meeting - art nallery . ! I
' Mr ? - You are not talking about a 5 - 10 car per hour lull of j
H traffic . I think for him to substain any kind of a business he '
is !ioing to need a lot more than 5 - 10 car per hour especially
with him planning on a 95 car parking; lot . He is coin (' to have
j a large complex and quite a bit of traffic there lust to
' ' maintain his business . ( ranted he is noinn to employ people
and build up the economy in that area a little bit . Also talking
about future development at that particular area . where he is
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located there does not seem to be in line with what . he has
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Planned . i'' e is going to be off 13 in a little corner what he is
basically looking for is not someone hunting for his shoo
especially a fast food place . Yhat he is looking for is People
that are going to he traveling and that will he able to find i .
; ; this place very quickly and where he is going to be located . I
ii think a lot of People traveling on 13 will not find what his
ii you know his complex or whatever he wants to develope . So
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i they are going to be traveling up that side road if they had
jheard of it or something about it and driving iround looking
for it . So your traffic volume might not you know there is
going to be a lot more than 5 or ° cars per hour and I think
not necessarily the type of people that are going to he there
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but what he is going to offer . Pe is (Minn to he down in the
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valley , you are going to have your linuor , and you are pi g j
ng `
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: to have your antiques which are going to he worth ouite a hit
L : of money . There is therefore a high potential of crime because
it is located in a kind of out of the way snot .
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• Supv McCord - is there any other questions or discussion ? y
a You want to take action ? what is your pleasure ? ;
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ss' Clm Cotterill - I would like to move that we grant this
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sf Special Permit with some restrictions and include in those
Hthat the entrances have to he on the Old Dryden Rd as shown ;
j # on the map . They can not he run only from 11 in the morning
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4I ' to . 11 at night . That business will he closed after 11 PM
HThat all of the east side of the property adjoining the
I . neighbors be screened with whatever you feel is anpronriate ,
hedgerow or fence or something . Then if any of you thave any
. M ) other type restrictions on what you feel is needed I will be
I glad to include them in the motion .
Supv McCord you check for signs
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1 Clm Cotterill - How would define it .
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Sunv McCord - What is allowed for that zone . . ndvertisinn on
his own property .
' Clm Cotterill - Oh I would think so yes . You are talking
} j : about signs or that type of thing . I would assume that would
11 be restricted . accordinq to what ' s already allowed . There
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if maybe other types of restriction if someone feels it is .
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i Clw Graham - I think that we should have the knowledne that
this enterprise will be open to people of all ages . Right
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li Clm Webb right
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4 ! Clw Graham - from the very young to the very oldest individual .
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Clm Cotterill - accepted . I don ' t know , / you know whether there ' s 4i
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anyway . you can or anything you would want to put in on what
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! F could be sold . I assume you are going to allow food sold at
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I ' possibly a gift shop of some kind and that ' s about it . Now
i ; how do you define that type of restriction , I don ' t know .
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Cim Tarr - the kind that bothers me of it . Is the advertising
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i{ is stated as noinn from word of mouth , no signs and this means
is a very steady clientele :
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0 Cim Cotterill - I would assume that . i
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4 , Clm Tarr - a good family tyoe res-taurant and I look here . It
Istated that it would be more a tourist restaurant with European
I style , a main restaurant , ice cream and hot dons . This is
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Supv McCord Do you want to put any kind of restriction on this ? +
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i ` Clm Tarr - Yes , I can see the main restaurant , a family type
L restaurant and I can see that road bareina that amount of ,
traffic . If they are puttinn up an ice cream and hot don
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stand alone with it . The 2 don ' t seem to no .
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lI Clm Webb - I agree with that . Restrict the food to the
. restaurant . If they want to sell hot dons out of the restaurant .
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Clm Cotterill - I won ' t argue with that . If you want to ' •
, 1 restrict food sales only to the restaurant fine . i
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I . Mrs . Scheneck - may I ask on nuestion ?
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+ Supv McCord - Not now . Sorry you are out of order .
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Clm Cotterill - If that ' s what you feel is advisable to restrict i
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' ' sale of food . You are talking about food and beverage , right
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I , in the restaurant only . ,, .
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Clm Tarr - to the restaurant pruner . '
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I Supv McCord - the resolution now reads Bunny .
' I Cim Cotterill - did you net all those pieces . I
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Town Clerk Lloyd - I just scribble: down things . l
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{ Supv McCord - the motion is then that the
tt Town Clerk Lloyd - the entrance _ on the Old Dryden Pd .
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Supv McCord - as defined in the plan I
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d TC Lloyd - and open 11 in the morning to 11 at • ninht . i
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II Supv McCord - right family restaurant
TC Lloyd - and the east side of the property screened with
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hedgerow or some type of fencing .
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ei Supv McCord - food limited to he served in family type restaurant
Ii TC Lloyd - Main family type restaurant - restrict the food
11 to sales in the main restaarant , food and beverage . I
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Supv McCord - okay i
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TC Lloyd - open to people of all ages .
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IISuov McCord - is there anything '•
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Clw Graham - the flow of traffic than could no either up or down . !
+ f Supv McCord - right
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. Clw Graham - the Old Dryden Rd . 4
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I Supv McCord - Correct . Is there any futher restrictions or
i conditions you would like to place - in this resolution ? j
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! Cl ,,, Webb - I would just like to see if our sign law reads that ,
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' : what they are allowed . 10 x 16 Flo , not on the property . }
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ZO Stewart - They are allowed 2 sins . 1
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Clm Webb - no flashinn signs
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ZO Stewart - No flashing signs . Can ' t shine where they would .
interfere with traffic .
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� ! Clm Webb - any kind of a sign we would allow would iust
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Clw Graham - It has to be 40 scuare feet . Standing :
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. k ,Clm .Webb - maximum . • ;. ,,
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� . t 70 Stewart - Can ' t he over 15 ' high .
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H Clm Cotterill - that ' s the maximum size .
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. H II . Z0 Stewart - Yes , maximum height .
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, 1 • Supv McCord - that is covered by . the ordinance . .
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. l , Clm Webb - right , I just wanted to no over that and see if we 3
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• h wanted to restrict it any more .
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1 ,f Supv McCord - anything else ? Is there a second to that
. 11 . resolution ? Is there any further discussion ? All in . favor i
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. h please say aye . Cim Webb aye , Clm Tarr aye , Clm Cotterill gyp ,
. . _ i''{ � Any opposed ? Ciw Graham . I
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Supv McCord - will you notify that your vote affirmative .
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. C1m ' Tarr . - Affirmative
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' ' ii Clm : Webb - Affirmative . . i ' I .
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. Clm Cotterill - Affirmative
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. I1 . Supv : McCord - Affirmative : .
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l Clw Graham Opposed !
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Supv McCord - Sib will you notify 1r Boeres of the action . �i
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Re. ; Application of FRANCOIS CARIO BOERES for a Special Permit
to build a Restaurant and Gift Shop .
Town Board Hearingsconducted on August 9 , 1977 at 7 : 30 P . M .
at Houtz Hall , Etna , New York , and on August 16 , 1977 , at the
Town Hall , Town of Dryden , to consider the application for a
Special Permit to build a Restaurant and Gift Shop on Route 13 ,
north of Dryden , between Route 13 and Old Dryden Road .
The Public Hearing was duly advertised and individual notices
of the Hearing were mailed to adjacent property owners .
PRESENT : Supervisor Charles G . McCord , Councilmen : Clinton
Cotterill , Henry "Tarr , Merton Webb , and Janet Graham .
REVIEW OF HEARING
The applicant was present at the hearing on August 9 , 1977 ,
together with the Donald McKee , Licensed Surveyor , and submitted
a blueprint of the proposed Restaurant , Gift Shop and Museum . The
blueprint legend indicated a Restaurant and lounge with 100 seats ,
front and rear porch , and split level ; Snack Bar and Gift Shop ;
covered eating area ; covered display area ; antiques and carriages ;
blacksmith shop ; existing barn to be remodeled into a museum for
old farm implements ; antiques , wood burning steam boiler ; court yard
with brick pavers , gas lights , and well ; existing farm shed .
Objections to the issuance of the Special Permit were raised
by residents of surrounding areas , primarily residents of the Town
of Virgil , County of Cortland , and such objections were based
primarily on traffic increase . For further details reference is
hereby made to the minutes of the Hearing .
After all of the parties present at the Hearing were heard , the
Public Hearing was' ',' adjourned . The Public Hearing was continued
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on August 16 , 1977 , with all members of the Town Board present ,
and members of the surrounding communities also present . A letter
from Frank R . Liguori , Tompkins County Commissioner of Planning ,
dated August 10 , 1977 was read to the Board and made part of the
minutes .
After all of the parties present at the adjourned Hearing were
heard , the Hearing was closed .
FINDINGS OF FACT
Upon consideration of all of the submitted material and state
ments at the Hearing , as well as an inspection of the area by some
of the Board Members , the Town Board finds that the proposed use ,
the limited as hereinafter set forth and subject to conditions
as hereinafter specified , is consistent with the commercial
development along Route 13 and is not detrimental to the adjoining
properties or to the health , safety and general welfare of the
community . .
DECISION
The Town Board hereby determines that the Special Permit shall
be issued to the applicant , subject to the following conditions
and restrictions :
1 . The entrances and exits to the Restaurant shall be from
Old Dryden Road only and not from Route 13 .
2 . The easterly line of the property shall be screened with
either appropriate fencing or a hedgerow . The Restaurant shall be
a family restaurant , open to people of all ages , and the service
of food and beverages shall be restricted to the main restaurant
building only . There shall be no separate outdoor snack bar or
outdoor eating area . The Gift Shop use shall be allowed , provided
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that the same is within the Restaurant building or in an attached
or annexed structure. .
3 . The hours of operation shall be from 11 : 00 A . M . to 11 : 00
P . M . and the Restaurant shall close at 11 : 00 P . M . .
4 . There shall be no garish or flashing signs , and any
sign shall be placed in accordance with the provisions of the
Zoning Ordinance .
5 . That . all -of the above conditions and restrictions shall be
attached to the use and shall bind any future owner or lessee of
the property .
6 . Failure of the applicant to comply with any of the above
stated conditions or restrictions will result in revocation of
the permit .
RESOLUTION
A resolution was made and adopted authorizing the issuance
of the Special Permit as above stated ., Voting in favor of the
resolution were Supervisor McCord , Councilman Cotterill , Councilman
Webb , Councilman Tarr ; against Councilwoman Graham .
Dated : Dryden , New York /
August oZ ' , 1977 ‘ CI,� ci t
ox upervisor sr