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HomeMy WebLinkAbout1978-06-13 2£66 PUBLIC HEARING # 1 June 13 , 1978 Special Permit - Phil Rumsey Parcel # 23- 28- 1- 25 . 2 Operate a Garage & Body Shop Minutes of the public hearing held on June 13th at the Town Hall commenced at 7 : 20 PM P resent : Suvp Cotterill , Clm Metzger , Clm Webb , Clw Graham and Z . O . Stewart Absent : Clm Tarr and Atty Amdur Supv Cotterill read the notice that was published in the newspaper to consider the application of Phil Rumsey , 136 Brooklyn Rd , Freeville , NY parcel # 23- 28 - 1- 25 . 2 to operate a garage & body shop . QUESTIONS AND / OR COMMENTS Clm Metzger wanted to know if he was going to run the business himself , and who owned the houses on the property know? Mr Rumsey said that he planned to operate the business and that his parents live in one house and he lives in the other . Clw Grahm wanted to know if Z . O . Stewart had received any information from Frank • L iguori ? Z . O . Stewart said that it was a town road . Clw Graham wanted to know if he had planned to employ other people ? Mr Rumsey said that not at this time , but maybe in 3 or 4 years . Supv Cotterill wanted to know if he had planned on having anything sitting outside ? Mr Rumsey said not at any one time , that the cars would be behind the building and not seen from the road . What he planned to do was take parts off the cars and then have the unusable parts taken away . Closed public hearing . 7 : 40 PM RESOLUTION ## 87 GRANT SPECIAL PERMIT TO PHIL RUMSEY TO OPERATE A GARAGE & BODY SHOP PARCEL # 23- 28- 1- 25 . 2 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant the special permit to Phil Rumsey , 136 Brooklyn Rd . , Freeville , NY , parcel # 23- 28- 1- 25 . 2 for the purpose of operating a garage and body shop with the following restrictions : 1- Any vehicles in siVirof the road or o ther persons property be limited to one week , not owned by Mr Rumsey . 2- That the special permit cannot be transferable without another hearing . 2nd Clm Webb Carried PUBLIC HEARING # 2 Dog Control Orindance Minutes of public hearing # 2 7 : 45 PM P resent : Supv Cotterill , Clm Metzger , Clw Graham , Clm Webb , Clm Tarr , Atty Amdur and Z . O . Stewart Supv Cotterill read the notice that was publishedgin the newspaper for the purpose o f considering an ordinance pursuant to Town. Law 5130 , paragraph 2 , and the Agricultural and Market Law § 126 , for the regulation and control of the activities of dogs in the Town of Dryden , to be know as the " Dog Control Ordinance " which ordinance provide for o estraint of dogs when not on the owner ' s property , and prohibits damage to another ' s property and habitual loud barking , etc . QUESTIONS AND / OR COMMENTS Atty Amdur stated that the town , would be generally following , the ordinance that has been proposed by the county as a uniform ordinance which will enable the town to make use of the SPCA services when that comes about . Primarily the dog has to be either restrained by a collar or under the control of a responsible person when not on the owners property . If the dog engages in habitually loud barking or annoys any person other than the person owning the dog it is in violation of this ordinance . If the dog causes damage or destruction to property or commits a nuisance on premises other than the owners property it is in violation . If it chases or harasses any person in such manner as to intimidate that person or causes a person to be fearful of bodily harm that is in a violation . Also if a dog chases or leaps or harasses any vehicle , which includes bicycle , motorcycle , automobiles , etc . A dog has to wear a collar . Any peace officer can enforce the law . Any person who observes a violation can sign a complaint with the town justice . The head of the household is responsible for any dog owned by a person under the age o f 18 years old . Any violation shall be under penalty of $ 25 . 00 for the first o ffense . $ 50 . 00 for the second offense and $ 75 . 00 for the third offense , and all subsequent violations , or by imprisonment for a term for not to exceed 5 days for each violation . 267 ' Mr Lyman Armentrout from Malloryville Rd has had harassment from dogs which at least one half are licensed . He cannot keep a garden because the dogs keep coming over and digging in the garden . He had been to the office at the town hall and was told that there was nothing that could be done at this time unless it was life or limb and then he would have to sign a complaint form . There are a lot of dogs that spend all their time in the road and running all over everyones property . Mr Armentrout would be will to do anything to get some type of law that could be put into effect to control this problem . Mr Max Hawkins from Sweetland Rd agreed with Mr Armentrout . Mr Hawkins raises nursery stock which has . been ruined by dogs . He also was in favor of some type of dog control . Mr James O ' Brien from Malloryville Rd was in favor of the ordinance . Mr D B Harrington from Etna wanted to know where the money from the dog licenses went that were paid ? Town Clerk Lloyd said that on a $ 2 . 35 fee - $ 2 . 00 went to the • state , 25 cents to the town , and 10 cents to dog research . $ 5 . 35 - $ 5 . 00 went to the state , 25 cents to the town , and 10 cents to dog research . Mr Harrington said that he belonged to the National Dog Lovers Assoc of America and is dedicated to the idea that a dog can be a man ' s best friend and every boy and girl should grow up with a dog . Also there have been numerous fires caught in time by a barking dog . Atty Amdur stated that this ordinance is primarily to control unruly dogs who do damage and not dogs in general . It was suggested to the town board by the town justices , who were getting numerous complaints from people all over , and had no way to enforce this kind of nuisance . It is not for dogs who behave in a proper manner and under the owners control . Mr Case from Varna felt that it is time for the owners to keep their dogs on their own property . Where he lives the dogs are running at large all of the time . Jean VanAlstine wanted to know why the justices couldn ' t take care of the complaints now ? Supv Cotterill stated that at this time there is no ordinance which covers any complaint . At the present time there is nothing illegal for a dot to come over and dig up your flowers or yard . As log as it doesn ' t endanger you or your child there is nothing that can be done . Closed public hearing 7 : 45 PM PUBLIC HEARING # 3 Special Permit - Ithaca Intersystems Inc . 410 College Ave Ithaca , NY parcel # 3-43- 1- 23 Minutes of public hearing # 3 7 : 50 PM Present : Supv Cotterill , Clw Graham , Clm Webb , Clm Metzger , Clm Tarr , Atty Amdur and Z . O . Stewart Supv Cotterill read the notice that was published in the newspaper to consider the application of Ithaca Intersystems Inc of 410 College Ave , Ithaca , NY parcel # 3-43 - 1- 23 to operate a computer center at 1650 Hanshaw Rd . QUESTIONS AND / OR COMMENTS Mr Vasse stated that the building would be used for wholesale and retail computers and servicing of small electronic parts . There would be no manufacturing but some light assembly . There would be about 7 to 15 people employed there . Clw Graham wanted to know who owned the property across the road and on the back side of the property ? Mr Vasse said Cornell University . Also wanted to know if it would be open to people of all ages . Mr Watson said that most of the business • would be done through the mail because they are primarily a wholesale business . Letter from Frank Liguori stating that there would be no significant impact upon the state , county or other municipality . The ZBOA is free to act without prejudice Closed public hearing 8 : 20 PM RESOLUTION # 88 GRANT SPECIAL PERMIT TO ITHACA INTERSYSTEMS INC parcel # 3 - 43 - 1- 23 TO OPERATE- A COMPUTER CENTER AT 1650 Hanshaw Rd . Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant the special permit to Ithaca Intersystems Inc . , 410 College Ave , Ithaca , NY parcel 463- 43- 1 - 23 to operate a computer center at 1650 Hanshaw Rd . 2nd Clm Metzger Roll call vote - all voting YES 268 TOWN BOARD MEETING JUNE 13 , 1978 Minutes of the Town Board meeting held on June 13th Supv Cotterill called the meeting to order at 8 : 25 PM Members and guests particip1 ed in Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clw Graham , Clm Webb , Clm Metzger , Clm Tarr , Atty Amdur & ZO Stewart Approval of the minutes : Motion was made by Clm Tarr and 2nd by Clm Metzger that the minutes of the May 11th board meeting be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh was wondering what procedure was followed after the Assessment Board of Review that was held on June 12th at the Town Hall . Co Rep Watros said that it has been the practice for a member of the staff , a member of the local municipality and a member of the county board to hear the various complaints and then render a decision based on the majority of the group . Since they were so busy there should be another meeting for a decision on each application . Supv Cotterill said that he would contact Mr Payne and find out when a meeting would be held . Co Rep Tillapaugh had inquired at the soil conservation meeting about the flooding in some of the creeks in the town , and the town might be able to work along with the soil conservation office . Co Rep Watros reported that the count was working on a county version of SEQR that will be administered throughout the county . The town will be involved with administering it at the town level . Supv Cotterill wanted to know about the bridge on George Rd ? Co Rep Watros stated that it had been discussed at the Co Planning of Public Works meeting and he had asked them to hold moving ahead on any decision until they had heard from the Dryden Village because they are interested in acquiring some means of getting a pipe along the right- of-way to Freeville . There was some discussion about Ferguson Rd and Irish Settlement Rd . CITIZEN PRIVILEGE OF THE FLOOR - nothing COUNCILMAN PRIVILEGE OF THE FLOOR Clm Webb reported that he had attended a county road highway meeting and the only thing they were working on was Route 96 which is a long way off , so Route 13 is still farther off . Clw Graham wanted to know if anything has happened since the resolution was sent to the county in regard to the visibility at the intersection of Sapsucker Woods Rd and Hanshaw Rd ? Supv Cotterill reported that the county had received the town ' s request and that this had been handled by the county before . They had tried to get permission from the people who owned the property to trim the shrubbery to improve the visibility . The county had been ordered off the property and leave the shrubbery alone . The county feltt now with the town ' s request they would go back to see if it would be possible to trim the shrubbery . Clw Graham also wanted to know if there had been a tour of the town roads yet ? Supv Cotterill stated that there was an offer but there has not been any time yet set for one . Also wanted to know if the town board has taken any position in regard to the storage of nuclear waste ? As of this time there has been no action taken . ATTORNEY RESOLUTION # 89 STORAGE OF GENERATOR IN VARNA FOR tSc . +-7Cr- aew,IC .WATErDIST # 2 Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to sign the agreement with the revision that the agreement be for a 5 year term and the the Town Board further authorize the Supv to obtain insurance on the electric generator at a value of $ 10 , 000 . 00 2nd Clm Metzger Roll call vote - all voting YES 26W RESOLUTION # 90 ACCEPT MEADOWLARK ROAD AS A TOWN ROAD Clm Metzger offered the following resolution and asked for its adoption . RESOLVED That this Town Board accept the dedication of Meadowlarg Road as a town road with the approval of Hwy Supt Humphrey , Planning Board and Atty Amdur . 2nd Clm Tarr Carried Atty Amdur reported that at the Board Meeting held in October with respect to South Knoll Drive and Crystal Drive the Town Board passed a resolution after there had been a discussion that there were to be two triangular portions reconveyed to Mr Cotterill and Mr Arrowsmith . Mr Cotterill and Mr Arrowsmith would convey a triangular portion to the town after it was all duly surveyed so that it would conform to the roads as built . The resolution authorized the obtaining of surveys . A further resolution at the last board meeting which Mr Arrowsmith requested in order for him to make the conveyance . There was never a resolution by the Town Board in which we agreed to accept the dedication of the deed from Mr Arrowsmith of that portion of Crystal Drive or to convey two triangular portions as shown on the survey of Crystal Drive and South Knoll Drive • to Mr Cotterill . Since , this has already been done and the deed and maps are recorded Atty Amdur wanted a resolution affirming such matter . RESOLUTION # 91 ACCEPT DEDICATION OF CRYSTAL DRIVE AND SOUTH KNOLL DRIVE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this resolution is to reaffirm the intention of the Town Board to convey two triangular portions of Crystal Drive and South Knoll Drive to Mr Cotterill and to accept the dedication of the triangular portion of Crystal Drive from Mr Arrowsmith in accordance with the Schlecht survey , in order that the public street shall comply with the as built situation . 2nd Clm Tarr Roll call vote - all voting YES Atty Amdur reported that she , the town justices , Z . O . Stewart and the Tomp Co Dist Atty have all received complaints from Mr Robert Wood . Mr Wood is complaining that Mr Raymond Dennis from Bone Plain Rd has been operating an illegal junk yard . Atty . Amdur has spoken with Z . O . Stewart , Judge Newhart and Mr Wood . Mr Wood is unwilling to sign a complaint . He is the only one that has been observing any automobiles going in and out . Atty Amdur also reported that she had received correspondence concerning the cable III commission , which has to do with transfering the franchise . It is permissible because the terms of the franchise are not the same . U A.tc. c.dL ) RESOLUTION # 92 APPOINT ELECTION CUSTODIANS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Board appoint John Morey , Democrat and Joseph Petersen , Republican as Custodians of the Voting Machines at a fee of $ 300 . 00 each . 2nd Clm Webb Roll call vote - all voting Yes RESOLUTION # 93 DESIGNATE POLLING PLACES Supv Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board designate the following Polling Places in the Town of Dryden . . Dist # 1 West Dryden Community Center D ist # 2 Freeville Village Hall D ist # 3 Dryden High School D ist # 4 Varna Community Center D ist # 5 Houtz Hall , Etna D ist # 6 Dryden Village Hall D ist # 7 Dryden Town Hall D ist # 8 Bethel Grove Community Center • Dist # 9 Ellis Hollow Community Center D ist # 10 Dryden Town Hall BE IT FURTHER RESOLVED , that the following Polling Places receive $ 75 . 00 each for the year 1978 for the use of their facilities : Yg n1r� Y est Dryden , Etna , Bethel Grove & Ellis Hollow . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 93-A APPOINT SUB-ELECTION INSPECTORS Clm Metzger offered the following resolution and asked fQr its adoption . RESOLVED , that this Town Board appoint the following as /sub-°election inspectors ; J ean Carpenter , Katherine Grady , Philip Skeps , Jane Trumbull and Emily Young . Jane Cage , Lewis Gridley , Walter Havington , Waneta Downey , Charlotte Edmondson and B everly Schaufler as Republican sub- election inspectors . 2nd Clm Webb Carried 27O RESOLUTION # 94 APPOINT ELECTION INSPECTORS Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that the following be appointed as election inspectors for the term 7- 1- 78 to 6- 30- 79 at the rate of $ 2 . 40 per hour : DISTRICT REPUBLICAN DEMOCRAT # 1 Maxine VanZile Ellen Whetzel Adrienne Ashford Marion Fellows 4# 2 Eleanor Collins Dorothy Moore Barbara Estelle Verna Myers # 3 Dora Chase Marilyn Baurle Jeanette Sinnigen Geraldine Marquis # 4 Eva Ames Joan Gibbons L ois Hall Natalie VanArkel # 5 Dorothy Fenner Marilyn Czerenda Mary Nash Anne Scaglione # 6 Helen Schutt Sibyl Gould E sther Pulling Dorla Parker 41/ # 7 Evelyn Cook Marietta Myers E lizabeth Havington Linda Woodin # 8 Melba Harden Alice Cooper # 9 Florence Seaman Alene Frost X69 Sylvia McCartney Betty House Louise Kingsbury Donna Lemon # 10 Elfrieda Woodard Harry Eversdyke D aisy James Anne T M Robson 2nd Clm Tarr Carried ZONING OFFICER Reported 23 building permits for the month of May . ZBOA held 4 hearings . They granted variances 1- Mr Underwood for no frontage . 2 - Mr R Newton to close to the road for a porch on the front of the house . 3- with held a decision on the Russell application for a request for a mobile home on Short Rd . 4- Mr J Hunt to close to road for a garage . May $ 200 . 00 in permits . ZBOA $ 75 . 00 for hearings $ 50 . 00 for special permits . Z . O . Stewart had spoken to Mr Pyle who is the executor for the Prince estate in Etna with regard to the old barn . My Pyle has agreed to have something done by July 1st . Z . O . Stewart had received a request from the Health Dept . to inspect the Old Mill Apts in Etna . The owner has not allowed this to be done . Atty Amdur reported that the town has an obligation to see that the multiple housing law requirements are complied with . RESOLUTION # 95 AUTHORIZE ZONING OFFICER - UNDERWRITER INSPECTOR AND INSPECTOR Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize Z . O . Stewart to have the underwriter inspect the Old Mill Apts . in Etna and also the Cornelius Apts on Ringwood Rd . BE IT FURTHER RESOLVED , that the Zoning Officer be empowered to hire an inspector to inspect the two properties for multiple resident regulations . 2nd Clm Metzger Carried . HIGHWAY Supt Hwy Humphrey reported that they have started summer paving . RESOLUTION # 96 ACCEPT BID FOR HIGHWAY GARAGE Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board accept the bid from McConnell for $ 111 , 100 . 00 for the addition to the town highway garage . 2nd Clm Webb Roll call vote - all voting YES 11) CORRESPONDENCE Letter from Robert O ' Brien resigning from ZBOA Copy of letter from Robert Keech thanking Ed Carpenter for the years of service that he had provided to ZBOA . Request from Etna Community Assoc for Federal Revenue Funds Letter from Tomp Co Fire Service regarding tower on Beam Hill Rd . RESOLUTION # 97 TOMPKINS COUNTY FIRE SERVICE TOWER-BEAM HILL RD Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board allow the Tompkins County Fire Service to put up a tower and use the Town of Drydens building to place the transmitter . Tompkins County Fire Service would then , at no expense to the town , put in a stand-by generator to provied power to both the town , and county and Cornell in case of loss of main power . 2nd Clm Tarr Carried 27 .1 . ' RESOLUTION # 98 AUDIT HIGHWAY BILLS Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that the highway bills be paid as audited . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 99 AUDIT GENERAL FUND BILLS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the general fund bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 1828 . 00 Judge Newhart - $ 2797 . 00 FINANCIAL REPORTS REVENUES EXPENSES G eneral Fund A $ 6684 . 14 $ 6281 . 75 • General Fund B 586 . 01 840 . 57 Fire Protection District 18 . 17 - 0 - Federal Revenue Sharing - 0 - 468 . 94 Highway Fund 23447 . 88 33943 . 00 AMBULANCE REPORT 10- 1- 77 to 3- 31- 78 Harford Virgil Emergency runs 55 Emergency runs 5 Emergency 2 Non- emergency runs 48 Non- emergency runs 1 Dry runs 16 Dry runs 1 Transports 14 D . O . A 1 D . O . A . 2 RESOLUTION # 100 DOG CONTROL ORDINANCE Clm Metzger offered the following resolution and asked for its adoption . BE IT ENACTED , by the Town Board of the Town of Dryden as follows : This ordinance is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York . Section 1 . Purpose The purpose of the ordinance is to promote the public health , safety , and welfare of the community , including the protection and preservation of the property within the Town of Dryden and its inhabitants , and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Dryden and providing for enforcement thereof . Section 2 . Prohibited acts . Any owner of a dog or any other person who harbors any dog in the Town of D ryden shall be in violation of this ordinance is such dog : A . If it is not wearing a valid and current New York State dog license while off the owners property , whether or not restrained by an adequate collar and leash . B . Is not restrained by an adequate collar and leash or under full control o f a responsible person , when not on the property of the owner , or any o ther person harboring or having custody or control of the dog . C . Engages in habitual howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning o r harboring such dog . D . Causes damage or destruction to property , or defecates , urinates or otherwise commits a nuisance other than on the premises of the person owing or harboring such dog . E . Chases or otherwise harasses any person in such a manner as reasonably o o cause intimidation or to put such person in reasonable apprehension I of bodily harm or injury . F . Except when restrained by an adequate collar and leash on the property o f the owner or other person harboring or having custody or control of the dog , chases , barks at , leaps on or otherwise harasses any ( i ) bicycle , motorcycle , motor wagon , carriage , or any other vehicle or device used by persons for travel or as a conveyance , or any riders or occupants thereof , o r ( ii ) any horse or other animal including any rider thereon . Section 3 . Enforcement . Any person or persons , who are or may be lawfully authorized by the Town , shall , and all peace officers may , administer and enforce the provisions of this law , and for such purpose shall have the authority to issue appearance tickets in accordance with Section 126 of the Agricultural and Markets Law . 2 .7 2 . Section 4 . Filing of complaints Any person who observes a dog in violation of any acts prohibited by this o rdinance may file a signed complaint , under oath , with a Town Justice of the Town o f Dryden specifying the objectionable conduct of the dog , the date thereof , the damage caused or the acts constituting violation of this law and including the place o r places where such conduct occurred and the name and residence , if known , of the owner or other person harboring such dog . Section 5 . Minor owner : responsibility of head of household If any dog in violation of this law is owned by a person under 18 years of age , the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposed of this law . Section 6 . Presumption . The fact that a dog is not restrained or controlled in the Town of Dryden elsewhere that on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be unrestrained or uncontrolled with the knowledge of the owner or person harboring the dog . Section 7 . Violations . No person shall hinder , resist , or opposed the dog warden , peace officer , or o ther person authorized to administer or enforce the provisions of this law of the Town of Dryden in the performance of the officers ' duties under this law . Section 8 . Penalties A violation of this law shall constitute a violation as defined in the Penal Law of the State of New York , and shall be punishable by a penalty of not more than $ 25 . 00 for the first violation , not more than $ 50 . 00 for the second violation , and not more than $ 75 . 00 for the third and all subsequent violations , or by imprisonment for a term not to exceed five days , for each violation . These penalties shall be in addition to any other penalty provided by law . Section 9 . Validity If any section , paragraph , subdivision , clause , phrase , or provision of this o rdinance shall be judged invalid or held unconstitutional , it shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . Section 10 . Effective date . This ordinance shall take effect immediately upon adoption and publication as provided by law . 2nd Clm Webb Roll call vote - Clm Metzger Yes Clm Webb Yes Clw Graham Yes Clm Tarr No Supv Cotterill Yes RESOLUTION # 101 GRANT SPECIAL PERMIT TO BERLON JACKSON 677 Sheldon Rd . Parcel # 21- 1- 44 Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant the special permit to Berlon Jackson , parcel # 21- 1- 44 , 677 Sheldon Rd , Freeville , NY with the following restrictions : 1- There shall be no licensed or unlicensed vehicles that are not owned by the property owner , or any accessories or parts of cars outside of the building at anytime . 2- All business equipment shall be contained within the building . 3- Hours of operation shall be 8 : 00 A . M . to 6 : 00 P . M . Monday through Saturday , and no operation of the business on Sunday . 4- The business shall be strictly operated by the applicant II/ and there shall be no employees . 5- This permit shall not be transferable to any o ther party . 6-- In the event that Mr Jackson shall fail to comply with any of the conditions of this permit , the Town Board may revoke the Special Permit . 2nd Clm Metzger Roll call vote - all voting YES . NEW BUSINESS Work session - June 19th 7 : 30 PM Adjourned : 10 : 25 PM 444.A14, Or Susanne Lloyd Town Clerk