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HomeMy WebLinkAbout1978-04-11 5 ' J pp 1I0 I G Apri1C leiRIi / 8 AMEND DEFINITION OF STRUCTURE IN ZONING ORDINANCE Minutes of the public hearing held on April 11 , 1978 commencing at 7 : 35 PM Supv Cotterill called the public hearing to order and read the notice that was published in the newspaper for the purpose of changing the definition of the word structure that is now presently in our zoning ordinance . QUESTIONS , 'AND / OR COMMENTS : III Letter from Mr Liguori stating that he could find no adverse impact and that the Town Board could proceed with the ammendment . Mr Piech wanted to know about fixed location . This is the first time he had ever heard that you needed a building permit for an above the ground swimming pool . • Supv Cotterill stated that this clarifies the definition . Any pool designed for a depth of 3 feet or more , this is the reason that the board has designed the definition of the word structure . Mr Piech stated that this wasn ' t in effect when he put his pool up . Supv Cotterill stated that it was worded before anything 2 inches across and an inch high would need a permit , if you wanted to interpert the ordinance the way it was written . Mr Piech felt that he didn ' t need a .building permit for an above the ground swimming ' ' pool because it is not an assessable item and he had checked with the county . Supv Cotterill stated that the Town Attorney and Zoning Officer ' s interpretation of the last definition in the ordinance stated any structure required a permit and this was why the Town Board felt that it should be redefined because the board has had questions as to whether a dog house or a sandbox would require a permit . Mr Piech felt that anything that isn ' t movalbe or goes on the assessment rolls like a garage or barn would require a permit . Supv Cotterill asked Atty Amdur for her interpretation as to what fixed location means , does it mean something sitting on the ground or does it mean something that can ' t be moved . Atty Amdur stated. ' something on the ground means a fixed location . This is something that the Planning Board considered and recommended . The original ordinance did require all swimming pools . What the Planning Board was trying to do was to eliminate the small wading pool . Supv Cotterill stated that the Planning Board recommended that the Town Board require permits for pools greater than 3 feet in depth . After much discussion Mr Piech still did not feel that the definition of structure was not clear and wanted to know the purpose of the public hearing . Supv Cotterill stated that the main purpose was set back requirements and area requirements and uses in certain areas . Closed Public Hearing at 7 : 45 PM TOWN BOARD MEETING April 11 , 1978 Minutes of the Board Meeting held on April 11 , 1978 . Supv Cotterill called the meeting to order at 7 : 46 PM Members and guests participated in the Pledge of Allegiance • Roll call was by the Town Clerk : Present : Supv Cotterill , Clw Graham , Clm Webb , Clm Tarr , Clm Metzger , Atty Amdur and ZO Stewart Approval of the minutes : Motion was made by Clm Metzger and 2nd by Clm Tarr that the minutes of the March 14th meeting be approved as submitted . COUNTY BRIEFING County Rep Tillapaugh reported that a motion was made by the County Board to give up their privilege to obtain the r- o-w concerning the LVRR abandonment from Freeville to Groton for public use of some type . Also there was a Soil Conservation Dist meeting held on March 29th which he was not able to attend but would try and find out the details . ' Also talked with Mr Howard Stevenson concerning Irish Settlement Rd and Ferguson Rd intersection . It is a situation that will not be completely alleviated , but there was a suggestion of a 4-way stop sign on all the roads -a . Supv Cotterill stated that both he and Hwy Supt Humphrey met with Mr Stevenson . The traffic has increased on that road at least 10 times in the last 5 years . Mr Stevenson said that they would come out and resurvey the intersection to see what would be feasible . County Rep Tillapaugh reported that the hospital is nearly 70 per cent completed . The hospital board of managers wanted the lowest cost available and decided to lease the telephone system instead of purchasing it to keep the cost down for the first few years . CITIZEN PRIVILEGE OF THE FLOOR Mr Dennis Winters from the County Planning Dept . reported on Six Mile Creek Study . The council is involved with coordinating projects for Six Mile Creek . They have discussed problems with residents along the creek . The council wanted some type of outline of what the problems were . Mr Winters looked into some type of funding for the study and found that the most promising was the South Central Resource Conservation Development Project which Tompkins County is a member . The council felt that if all municipalities involved would sponsor such a study and also the count y board that there would be a better opportunity for funding from the Soil Conservation Project . If funding is unavailable through them then they would have to try some other means . By sponsoring such a study there would be no obligation on the part of the municipality , because nothing can be promised at this time . They do not where it will lead or what will come as a result. The Town of Caroline has agreed to sponsor the study . Supv Cotterill wanted to know what was meant by the word sponsor , if the municipalities agree to this study . What committments would ,be involved if the town does agree to sponsor this study . Mr Winters stated that essentially such a study is important and the town would like to see it done . They are hoping that funds can become available . They are asking for no money at the moment , but just support from the different municipalities . Clm Webb stated that this study does definitely needed to be done , but as town wide . Six Mile Creek is not the only one , there are several other water sheds in the Town o f Dryden that needs to be studied . RESOLUTION # 67 SUPPORT STUDY ON SIX MILE CREEK Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board support the study for Six Mile Creek . 2nd Clm Metzger Carried Mrs Bente Everhart reported that she has been named on 2 committies . 1- Energy meeting which they are primarily looking for methods of conserving energy . 2- Environmental review committee are going over the SEQR regulations . Type 1 and 0 type 2 actions that the county has drawn up , there will be a form to be used for environment assessment that Mr Winters has drawn up . Supv Cotterill wanted to know where the town stood on SEQR Act . Mr Winters stated that full implementation will be Sept 1st 1978 . Municipalities must adopt ✓ egulations by July 1st . The County Planning is now drawing up guidelines to better administratively handle this program . It willbe passed on to the municipalities in the near future . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Tarr reported that the County Cable Commission met and have approved a tentative county draft for the towns to look over on franchises Atty Amdur has a copy of the draft . Clw Graham wanted to know who surveyed the street off Hall Rd . Atty Amdur stated that it has been surveyed , but she has not received any maps . Atty Amdur had spoken with Mrs Caldwell and Supt Hwy Humphrey . Supt Hwy Humphrey has given the requirements to Atty Amdur that would be neede4to bring the road up to specs . Atty Amdur had expected an irrevocable letter of credit , at this time has not received the letter of credit , any abstract or map . The Planning Board will not accept the road until we have ✓ eceived the letter of credit . O Clw Graham also wanted to know if Kimberly Circle was a town - road ? It is a town road which was done in resolution # 147 . RESOLUTION ## 68 VISIBILITY ON SAPSUCKERWOODS ROAD AND HANSHAW ROAD Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the resolution presented by the Planning Board and send the request to the County Highway Dept . WHEREAS , residents of Sapsucker Woods • Rd have voiced concern about motorists blocked vision as they attempt to turn on Hanshaw Road from Sapsucker Woods Rd , and WHEREAS , this concern is heightened by the frequency with which buses from Dryden and Ithaca school districts pick up and discharge children at this intersection , and WHEREAS , with the completion of recently approved housing development on Medowlark Drive and Cardinal Drive , increased vehicular traffic at this intersection is a certainty BE IT FURTHER RESOLVED , that the Dryden Town Planning Board requests the Dryden Town Board to request Tompkins County to study and take appropriate action at the intersection of Hanshaw Rd and Sapsucker Woods Rd to assure future safety and judicious traffic flow . 2nd Clm Metzger Carried 213 9 ' ATTORNEY Atty Amdur reported on the Kiwanis request for a donation for the building in Montgomery Park . She has sent a letter to the State Comptroller asking their opinion whether or not the town can contribute to that kind of project . They have acknowledged the request bf'usually takes time before she will receive an answer . In regard to the road off Crystal Drive . Atty Amdur had checked on the road map which was approved at the time of dedication and also the sub -division map . It was recorded on the road map which was filed with the deed as a future road and on the sub -division map as a proposed street . The proper procedure is to first get approval from the Planning Board and then get a deed of dedication . Also reported on Meadowlark Drive . It has been greatly damaged over the winter by III bulldozers and other heavy equipment and is no longer up to the town specs . Atty Amdur wrote a letter to Mr Lucente ' s attorney and Mr Lucente stating that unless the road • was repaired to the point where it was acceptable to the Hwy Supt , and unless she had received the necessary information on the legal description for dedication that she would request the Town Planning Board to revoke approval of the sub -division . Mr Lucente called and stated that when the weather gets dry enough he would repair the road and would call the Hwy Supt . to come out and inspect it . There was some discussion about it being a town road in this condition and having to wait for the road to dry out before they could work on it . It will be up to the Hwy Supt to decide whether it is up the the towns specs . Atty Amdur gave the board members a copy of a letter she had received from LVRR in ✓ egard to the railroad abandonment on George Rd . trackage . They want to sell the rail and do away with the overhead bridge . They are giving the Town of Dryden the option o f removing the bridge and retaining the material and making the crossing a grade , by ✓ emoving the rail and storing the same and make necessary grade changes . Supv Cotterill felt the board should give Hwy Supt Humphrey the authority to make the decision of what he wants to do and allow him to go ahead , since the railroad has been o fficially abandoned . Reported that Judge Newhart had approached her that the town might want to consider having some control over door - to - door salesman . Generally this would involve checking in with the town clerk and obtaining a license for a fee . There is no ordinance in III the town as of now . Judge Sweetland felt the town is spread out that there would be no need for one . There is one in the Village of Dryden , which is used very seldom . a) TOWN CLERK Taxes collected for the month of March $ 8270 . 48 Penalty $ 122 . 28 . 46 unlicensed dogs . Tomp Co Municipal Official meeting April 19th - 7 : 30 PM Valley House in Ithaca . ZONING OFFICER .4 building permits issued for the month of March . 3 applications for special permits . In regard to the Cy Ortin property , ZO Stewart had contacted several different people . Mr Happ , from the Health Dept , stated that their engineer was not qualified . The store was closed and did not think that the laundromat was in any danger . ZO Stewart t alked with Mr Howell who was going to look at the store and then talk with his boss . As of yet it has not been done . Also contacted the building code enforcement office in Ithaca , they did not think that there was anything that the Town of Dryden could do since we have not adopted a state building code . Also Jack Miller said there was nothing we could do since we do not have a fire code . Dept of Labor said it was a matter for OSHA . OSHA stated that they couldn ' t do anything because there wasn ' t a full time employee . • Supv Cotterill wanted to know if there was going to be any hearing on the sub - division o ff Crystal Drive . Mrs Caldwell stated that for sub - division no one is notified of any hearings . There is IIIjust the notice put in the legal section of the paper . Supv Cotteriil felt that a sub- division of 40 houses would have more impact on a neighborhood thatL a permit for a store or something . Mrs Caldwell said that there was a public hearing held on March 16th on an application for Murphy , Winn and Harkness for a sub- division called County Trace on Route 38 and Crystal Drive . This was just a preliminary hearing . Supv Cotterill stated that people in that area are really concerned and should be notified when something of this scope is going to happen , so that they have knowledge and have some input into the matter . There has been an official hearing and there may or maynot be another hearing . Supv Cotterill felt that it would be a good policy for the planning board to notify the adjoining property owners when there is a public hearing just like the zoning officer does when the Town Board has a special permit hearing . 21) 4) `j v �J CORRESPONDENCE Letter from Judge Newhart to Frank Robinson in regard to zoning violation . Letter from NYS Wagering Board in regard to games of chance which would require a local law if the municipality decides that they want to allow them . Letter from Transportation Comm in the County in regard to its organization and requesting the Town Board to adopt a resolution to take part in the commission . There was discussion for the building to be erected in Varna for the sewer pump . Where it would be feasible for the building to be erected the town would need a variance . Supv Cotterill felt that the building should not be put up without a variance even though they don ' t need one . The sewer dist does have enough money . RESOLUTION # 69 APPOINT ECONOMIC ADVISORY BOARD MEMBER Supv Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Clm Jon Metzger to the County Economic Advisory Board to work in conjunction with the Board of Representatives . 2nd Clm Webb Carried II RESOLUTION # 70 RECREATION APPLICATION FOR STATE AID Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to file the recreation application for state aid with the NYS Division for Youth for 197$ . 2nd Clm' JMe'tzger Carried RESOLUTION # 71 ANNUAL AUDIT Clm Tarr offered the following resolution and asked for its adoption . WHEREAS this Town Board has reviewed the several accounts of the Supervisors records in compliance of the annual audit for 1977 , now , therefore , be it RESOLVED , that this Town Board approve the records of the financial status of the Town of Dryden for the year 1977 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 72 TAX WARRANT FOR 1979 re KEITH POOL TOWN Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board hereby directs the Tompkins County Assessment Department to place on the 1979 Tax Warrant , the amount of $ 375 . 00 on parcel # 3- 39- 1- 17 . 41 listed in the name of Keith ' s Pool Town . ' 2nd Clm Metzger Roll call vote-- all voting YES RESOLUTION # 73 TOMPKINS COUNTY TRANSPORTATION COMMISSION - APPOINTMENT Supv Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board hereby appoint Clm Webb serve on the Tompkins County Transportation Commission . 2nd Clm Tarr Carried RESOLUTION # 74 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the highway bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 75 AUDIT GENERAL BILLS Clw Graham 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 - $ 2335 . 00 Judge Newhart - $ 2603 . 00 III FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 1718 . 59 $ 11872 . 89 General Fund B 282 . 53 879 . 35 Fire Protection District 400 . 49 396 . 81 Federal Revenue Sharing - 0 - 2000 . 00 Antirecession 47 . 19 9552 . 04 ARFA Fund 8 . 12 1638 . 12 Highway Fund 12865 . 23 30328 . 54 Di C • _xI RESOLUTION # 76 AMEND ZONING ORDINANCE . DEFINITION OF STRUCTURE Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board amend the zoning ordinance to replace the existing definition of " structure" to read as follows : DEFINITION OF " STRUCTURE" . : Anything constructed or erected on the ground or with a fixed location on the ground or attached to something having a fixed location on the ground . Structures include , but are not limited to , buildings of a size exceeding 150 square feet , walls and fences over 6 feet in height , radio towers , swimming pools designed for a depth of 3 feet or more , billboards , poster panels and signs . All buildings , regardless of size , shall be erected in compliance with the setback requirements for their respective district . The following shall not be classified as structures for the purpose of this Ordinance : fireplace chimmeys , flag poles , and antennas . 2nd Clm Tarr Carried • NEW BUSINESS Schedule Public Hearings on April 27th for Special Permits 7 : 30 PM Executive session after hearings with Judges concerning court also with Hwy Supt in regard to highway building . Adjourned : 10 : 00 PM n ,.\&..exe,_,7, 4telz4L. Susanne Lloyd Town Clerk ApBriIC2.EAly / 8 # 1 SPECIAL PERMIT - Robert Foote 1285 Dryden Rd ( # 52 - 1- 25 . 2 ) Minutes of the public hearing held on April 27 , 1978 commencing at 7 : 35 PM III Supv Cotterill called the public hearing to order and read the notice that was published in the newspaper for the purpose of extending his restaurant ( Plantation Inn ) at 1285 Dryden Rd . parcel # 52 - 1- 25 . 2 Present : Supv Cotterill , Clw Graham , Clm Metzger , Atty Amdur , Clm Tarr , Clm Webb and Z . O . Stewart . QUESTIONS AND / OR COMMENTS Letter from Frank Liguori , Commissioner of Planning , stating that there would be no signigicant impact on County , State facilities or other municipalities . Therefore , the Town Board could act on the case without prejudice . Closed Public Hearing 7 : 40 PM PUBLIC HEARING # 2 April 27 , 1978 SPECIAL PERMIT - Stephen Sautter 325 Cortland Rd ( # 26 - 1 - 9 . 2 ) Minutes of public hearing # 2 commencing at 7 : 45 PM • Supv Cotterill called the public hearing , to order and read the notice that was published in the newspaper for the purpose of operating a service station equipment sales and a self service gasoling station at 325 Cortland Rd . parcel # 26 - 1- 9 . 2 . QUESTIONS AND / OR COMMENTS Letter from Frank Liguori stating that continuation of these activites will result in a deterioration of the rural character of the area which is best used for agricultural purposes and low intensity residential uses on large lots . It is recommended that the Town Board deny the application . John Anderson , 331 Cortland Rd , wanted to know how much gas would be stored underground ? Mr Sautter stated that there would probably be a small amount because he uses it mostly for demonstration and to test his equipment . Supv Cotterill wanted it clarified that Mr Sautter would be selling gas pumps , equipment used at gas stations , and also to retail the sale of gas at this location . It would be a combination of a retail gas sales and equipment sales of pumps and equipment . Clw Graham wanted to know if there was a name for this concern ? Mr Sautter said it was Cortland Pump & Equipment . Supv Cotterill wanted to know if there would be any sewage or bathroom facilities on the property . Mr Sautter said that he has checked with the health department to see if there was proper amount of footage to put in a system if he had to . Clw Graham wanted to know if the state had anything to say about the traffice going in and out off the highway there . Atty Amdur stated that if the Town Board does decided to over rule Mr Liguori , the Town Board has to vote by 4 to 1 and has to give the reason and send it to Mr Liguori . Supv Cotterill wanted to know if Mr Sautter had any idea of the amount of traffic that would be involved . Mr Sautter said that he really didn ' t know , but they are in and out a lot with their service vehicles and installation trucks . Clm Webb stated that he did not agree with Mr Liguori because this land would never be sold for a private home site , only as a commercial site . The land is not good for farming or a private home . How could you restrict one from not building when you have allowed other people to build . This is only a commercial site . If the state wants to take cars off Route 13 then they should look at all of Route 13 not just one property . Clw Graham wanted to know how much of a hardship it would be if he did not sell gas to retail customers at this site ? Mr Sautter said that he had a place in Binghamton and it was a prictical idea because eh had a little volume in gas sales and also could test and demonstrate his equipment . Mr Anderson ' s main concern was leakage from the storage tanks that would be underground because he has a well which is about 100 feet from the road . Gasoline can travel a long distance once it is spilled . He was very concerned about the safety of his well since there is no public water supply where he lives . Closed Public Hearing - 8 : 00 PM 0 PUBLIC HEARING # 3 April 27 , 1978 SPECIAL PERMIT - Berlon Jackson 677 Sheldon Rd ( # 21- 1- 44 ) Robert Russel] property Minutes of public hearing # 3 8 : 00 PM Supv Cotterill read the notice that was published in the newspaper for the purpose of Berlon Jackson , 677 Sheldon Rd . , parcel # 21- 1- 44 to operate a Volkswagen repair shop . QUESTIONS AND / OR COMMENTS Letter from Frank Liguori stating the potential accumulation of junk is great and suggests special consideration to be taken to eliminate this possibility . The Town Board is free to act on the case without prejudice . Letters from Jane McDaniel , Dr & Mrs John Condry , Peter VanSoest , and Mr & Mrs Travis all opposing the operation of a garage . Supv Cotterill wanted to know if Mr Jackson owned the property ? Mr Jackson said that he planned on renting the garage from Mr Robert Russell . Mr John Morey from 663 Sheldon Rd stated that there is already a garage in West Dryden owned by George Johnson , also a garage on Bone Plain Rd operated by Kenneth Hoover . From Bone Plain Rd to Lansing Rd there are some nice neat homes and the residents there would like to keep it that way . The other end of Sheldon Rd is terrible . We have 3 neighbors that did not receive a letter for this public hearing and the Town Board would be getting letters from them . They are also against this garage application . The residents do not feel that there should be another garage in the area . The • garage that this application pertains to is attached to Bob Russell ' s house and is just big enough for 1 car and there would be junk all over . Mr Morey felt that they are getting to much junk in the West Dryden area . Mr Peter Deering from 695 Sheldon Rd . felt the same as Mr Morey , and that he did not want to walk out his front door and look at a pile of junk cars . The area is nice now and they would like to keep it that way . Inevitability when you open a garage you have the greatest intention of keeping the property up but after a while cars start to pile up . Mr Robert Traphagen from 790 Sheldon Rd felt that they did not need the extra noise and speed from testing cars , also felt the same as Mr Morey and Mr Deering about the junk build up that would result , also lowering their house values . Mr Ormsby from 790 Sheldon Rd was also opposed to the garage . 2 .6W Clw Graham wanted to know if the permit was to be issued if it could be just for this one application as long as he was living there . Closed Public Hearing - 8 : 20 PM The Town Board deferred action on the special permit application for Berlon Jackson until their regular board meeting to be held on May 9th . RESOLUTION # 77 GRANT SPECIAL PERMIT - Robert Foote 1285 Dryden Rd ( parcel # 52 - 1- 25 . 2 ) Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant the special permit to Robert Foote , 1285 Dryden Rd . , parcel # 52- 1- 25 . 2 for the purpose of extending the Plantation Inn as proposed in the IIIapplication . This is in accordance with the zoning ordinance and is compatible for this area . 2nd Clm Metzger Roll call vote - all voting YES • RESOLUTION # 78 GRANT SPECIAL PERMIT - Stephen Sautter 325 Cortland Rd ( parcel # 26 - 1- 9 . 2 ) Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board finds that the proposed use will be compatible with the allowed uses ' in the neighborhood and the zoning ordinance which permits commercial uses on Route 13 and the health , safety and general welfare of the community will not adversely effected , grant the special permit to Stephen Sautter , 325 Cortland Rd . , parcel # 26- 1- 9 . 2 for the purpose of operating a service station equipment sales and self- service gasoline station as proposed in the application upon the following conditions : 1- that there be some type of shrubbery for screening between the property line of the Anderson property and the property in question on the building permit to be at least 20 feet from the highway . 2- that the storage tanks be at least a distance of 100 feet from the property line of the Anderson property on the north side . 3 - the gasoline island has to meet the setback requirements . 4 - that the buildings on the east side of the road are to be used only for storage of equipment . 5 - If there is any violation of any condition of this special permit the Town Board shall have the right to revoke the permit . 2nd Clm Tarr Roll call vote - Supv Cotterill YES Clm Webb YES Clm Tarr YES Clm Metzger YES Clw Graham NO ZAJA t.5lo t- o e___ ,r 'v Town Clerk Adjourned : 8 : 45 PM • • " _ ,., , , ,,, h , tH , . , i , ,, 1 r - II