HomeMy WebLinkAbout1979-08-14 ?411' PUBLIC HEARING # 1 ' August 14 , 1979 Richard Sovocool - Parcel # 3 - 24 - 1- 16 Operate a commercial garage for Heavy Equipment Minutes of the public hearing held by the Town Board on the 14th day of August commenced at 7 : 30 PM Present : Supv Cotterill , Clw Graham , Clm Metzger , Clm Webb , Atty Perkins & ZO Stewart Absent : Clm Tarr Supv Cotterill read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of Richard Sovocool , 1965 Peruville Rd for a special permit to build a building and operate a commercial garage for heavy machinery . QUESTIONS AND / OR COMMENTS III Mr Sovocool said that he owns the property now but is going to deed the property to his sons . Supv Cotterill wanted to know what type of building was going to be built . Mr Sovocool said that they hadn ' t quite decided on the type of building . It will either be a pole building with wood or metal . Supv Cotterill wanted to know if there would be any toilet facilities in the building . Mr Sovocool said there would not be any facilities , only the drainage for oil and water from the floor . Mr Clifford North wanted to know the size of the operation and the amount of noise , because he plans to build a house on what was formerly the Wright property . Mr Aruthur Sovocool said that once the building was up and insulation the noise will not be as bad because they have been working outside . The building will be about 40 ' x 60 ' and a 2 man operation . Clw Graham wanted to know if this would be open to people of all ages . Mr Sovocool said that it would be . Closed Public Hearing 7 : 40 PM PUBLIC HEARING # 2 Larry Converse - Parcel # 3- 25 - 1- 13 Operate a commercial well drilling and water systems business Minutes of the public hearing held by the Town Board on the 14th day of August commenced at 7 : 40PM Supv Cotterill read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of Lawrence Converse , 49 Gulf Hill Rd , to operate a commercial will drilling and water systems business at 41 Gulf Hill Rd . QUESTIONS AND / OR COMMENTS Clw Graham wanted to know if the building is structurally sound . Clm Webb said the building would improve now since it has been vacant for over a year now . Closed Public Hearing 7 : 45 PM PUBLIC HEARING # 3 Leonard Park - Parcel # 3 - 38- 1- 7 . 1 Operate a Christian Book Store at 2186 Dryden Rd . Minutes of the public hearing held by the Town Board on the 14th day of August commenced at 7 : 50 PM Supv Cotterill read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of Leonard Park , 4 Union St , Freeville • for a special permit to have a Christian Book Store in part of his building at 2186 Dryden Rd . (Dryden Cleaners ) QUESTIONS AND / OR COMMENTS Supv Cotterill wanted to know if Mr Park planned on using just the building that was _ there now or put an addition on . Mr Park said that he planned on just using the present building where he now has a dry cleaning business . Clw Graham wanted to know if there would be enough adequate off road parking for both the dry cleaning business and the book store business . Mr Park said there is parking on both sides of the building . Clw Graham wanted to know if the barn out in back belonged to him , because of the condition that it was in . Mr Park said the barn belonged to Mr Holman . Clw Graham wanted to know if his hours would be basically the same . Mr Park said they would be the same as the dry cleaning business with the exception that he would be open until 9PM on Fri night and all day Sat . Clw Graham wanted to know if it would be open to people of all ages . Mr Park said that it would be . Clw Graham wanted to make sure that this permit would only be for Mr Park in case the dry cleaning business changed hands . Closed Public Hearing 7 : 55 PM 342 RESOLUTION # 114 GRANT SPECIAL PERMIT - Leonard Park Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant a special permit to Leonard Park to operate a Christian Book Store at 2186 Dryden Rd . with the following restrictions : 1 - The hours will be the same as the dry cleaning business with the exception that it will be open until 9 : 00 PM on Friday nights and all day on Saturdays . 2 - That this special permit is limited for Mr Leonard Park only . 2nd Clw Graham Carried RESOLUTION # 115 GRANT SPECIAL PERMIT - Lawrence Converse Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant a special pemit to Lawrence Converse to operate . a commercial well drilling and water system business at 41 Gulf Hill Rd . with the fo liowinr__ restrictions that the special permit be limited to Mr Lawrence Converse. Corp and principals. as they now exist . 2nd Clm Metzger Carried RESOLUTION # 116 GRANT SPECIAL PERMIT - Richard Sovocool • Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant a special permit to Richard Sovocool to operate a commercial garage for heavy equipment , with the following restrictions : 1 - No work on Sundays and 2 - That this special permit be limited to Mr Richard Sovocool and his sons only . 2nd Clw Graham Carried TOWN BOARD MEETING AUGUST 14 , 1979 Minutes of the Town Board meeting held on August 14th Supv Cotterill called the meeting to order at 8 : 00 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clw Graham , Clm Metzger Clm Webb , Atty Perkins and Z . O . Stewart Absent : Clm Tarr Supv Cotterill appointed Clm Webb to audit the highway bills . Approval of the minutes : Motion was made by Clm Metzger and 2nd by Clm Webb that the minutes of the Public Hearing on July 10th be approved as submitted , and that the minutes of the July 10th Board Meeting be approved after the name Mr Cynoske is deleted from • the minutes under Attorney because Atty Perkins was not sure of the new managers name for Ceracche . Also , the incorrect spelling of mobile under correspondence . COUNTY BRIEFING Co Rep Watros reported that Mr Mobbs had contacted the new owner at the intersection of Stone Quarry Rd and Ellis Hollow Rd . Hopefully the new owner will give the county permission to trim the shrubbery because of the poor visibility at the intersection . Supv Cotterill reported that he is still not getting anywhere with Ferguson Rd and Irish Settlement Rd . Supv Cotterill also reported that the county attorney said that the state has ruled that it was illegal for the county to have a dog control commission . It is another layer of government . There are 2 things legal . 1- the towns can run it on their own or 2 - the county can have dog control on a county wide basis and they can run it and ask the towns to finance it by their funds , which means the county would have a contract with the SPCA . Either the county has a contract and run the program or the towns run it . CITIZEN PRIVILEGE OF THE FLOOR Mr Carl Stelick would like to get the business of his sawmill straightened out since he is being harrassed by his neighbor , Mr & Mrs H . James . Supv Cotterill wanted to know the specific facts and statements from anyone involved . The Town Board is aware of the issue since there was a complaint at last months board meeting . The board had asked Z . O . Stewart to get the situation resolved and report back . Mrs Dasiy James said that they were present at the time of the public hearing and that it wasn ' t a place for a sawmill to begin with and that they were not in favor of it from the beginning . At the time of the public hearing Supv Cotterill had asked of Mr Stelick if the hours on the special permit would be alright with him and he said that they would be . Supv Cotterill wanted to know only what Mr Stelick was doing that was illegal . Mrs James said the noise of the sawmill and trucks coming and going . Mr James said that he gave the list of complaints to Z . O . Stewart . One complaint was unloading logs after 5 PM . Supv Cotterill wanted to know how many times . Mr James said he had the list at the house since he was not told to bring the list with him . Mr James said he was unloading tu I � I � I 4/ 3 logs from a truck at 5 : 45 AM on Satmornng , also on Sunday afternoon logs were being drawn in every 20 minutes . Mr Stelick said that they were not his logs , they were Mr Kimmich ' s and he was not going to tell people how to run their business . Also , his business has expanded since he received the permit and he is now getting logs from Cotton-Hanlon which he has to take the logs when they are delivered . Clw Graham wanted to know why Mr Stelick couldn ' t control the delivery of logs from Cotton-Hanlon . Supv Cotterill wanted to know if the noise caused by Mr Stelick was objectionable to him . Mr James said that it was . Mr Stelick wanted to know about Mr James neighbor who is constantly running a motorcycle right under their bedroom window and buzzing wood 30 feet from their house . They also have a mud buggy which they ride after dark . Mr Stelick said that they hear this , but they don ' t complain yet they complain about me 500 feet away . - / Clw Graham wanted to know if Z . O . Stewart sent Mr Stelick a violation letter . Mr Stelick said he did receive a letter but wanted to know what violation he was violating . Clw Graham reviewed the special permit application and the restrictions that were put on the special permit . Mr Stelick said that he could not put his logs out back since he moved his sawmill 50 feet further back then originally planned . The only violation would be the logs in front of the building . It would be impossible to put the logs in back . Mr & Mrs James had no complaints on the placement of the logs . Mr Stelick said that he stopped at 5 : 20 PM tonight because he had a few things to finish up . He has sawdust to clean up and slab wood to take care of . He only operates the sawmill 2 days a week because he is out building houses . Supv Cotterill felt that the board would not think it unreasonable at 5 : 20 PM or before 6 : 00 PM , but felt that it would be unreasonable at 7 , 8 or 9 : 00 PM at night . Supv Cotterill said that the Town Board will have to make a decision . Revoke the permit and put Mr Stelick out of business or ignore the noise that is being created . Mr James said he didn ' t want the man put out of business but just to adhear to the restrictions on the permit ; which were to operate only from 8 AM to 5 PM and no work on Sundays or holidays . Mr Charles Wehland , 1995 Dryden Rd , who lives across the road from Mr Stelick said that he has heard the sawmill , but never after 6 : 00 PM at night . There is more noise on Route 13 that there is from the sawmill . He lives across from Caskey ' s garage and is not complaining about the noise . He expects it since he is right next to Rt 13 . Mr Wehland said that he never hears the sawmill going until after a tractor trailer has gone by . COUNCILMAN PRIVILEGE OF THE FLOOR Clw Graham reported that Barbara Caldwell was at an Agricultural Dist . meeting tonight and she was going to ask Gary Evans to attend a Planning Board meeting to report on the Ag Dist . proposal for segments of the Town of Dryden . The Town Board members are invited to attend at 8 : 00 PM ATTORNEY Atty Perkins reported on the proposed Snyder Hill Water Dist . Atty Perkins had received a letter of report from Lozier Engineers . A proposal of construction of 7000 linear feet of 10 inch water main . The pumping station and stand pipe with 300 , 000 gallon water capacity . The estimated project cost is approximately $ 400 , 000 . Lozier Engineers have talked with Farmers Home Administration and this project might be eligible for a 75 per cent grant . In that case it would leave about $ 100 , 000 to be funded by the district . They are proposing this district to cover 38 units . At the present interest rates which Farmer Home are charging for the actual loan would make a debt of $ 185 . 00 per year per unit . This does not include the amount charged for water , but just the debt service . This would be a 40 year bond issue . They are proposing to service from the Town line of Dryden to Whitted Rd . along Snyder Hill Rd . Supv Cotterill suggested that Atty Perkins let the committee from Snyder Hill know what is involved at this time . Atty Perkins said what the town has to do is find out if the residents on Snyder Hill Rd want to continue with the water district . Atty Perkins also reported on Elstram Developers ( Frank Robinson ) property , and wanted to know if the Town Board wanted to proceed since the county owns the property now . �- Clm Webb said it is still a hazard whether or not the county owns the property or . Frank Robinson . Supv Cotterill suggested that Atty Perkins write to the County Board to advise them that since this property now belongs to the county and the situation has existed with the Town Boards attempts have failed , the Town Board is requesting that the county grade the property and eliminate the hazard that has existed . Atty Perkins reported on LVRR r - o-w . Dryden Town line on west to the Village of Freeville , July 31st the NYSDOT assigned to the Town of Dryden the preferential rights to acquire that portion . At the time Atty Perkins received this information he made a purchase offer to the Real Estate Division of $ 200 . 00 per acre for all the land between the Town of Dryden line on the west and the Village of Freeville line on the east exclusive of that area required by NYSDOT , which is apparently the overpass in Varna . TheDryden to Freeville line preferential right examination is being held in abeyance . The reason is 34/4" that NYS has provided a subsidy for some areas south and right now the purchaser for that portion of line . In case the purchaser wants more of the line that is up to Dryden and Freeville or north where the tracks have not been removed . Clm Webb said that the tracks have already been removed from Dryden north , but not Dryden south . The railroad has not yet requested from NYSDOT a release of the preferential right . Atty Perkins reported that the offer he has made with LVRR is that the offer Freeville t o the Dryden Town line on the west which is the Elmira-Cortland and northern branch , on the condition that when we have the preferential right the Dryden to Freeville branch the purchase offer is $ 200 . 00 per acre also . They have verbally agreed to this . Atty Perkins is now waiting for a contract . Supv Cotterill wanted to know if the town does acquire title to the land what are the ✓ equired procedures for the town if they don ' t want the property . Atty Perkins said t hat the town should make a determination that it is property no longer needed for town use and sell the property immediately to the individual property owners for the same price the town paid for the property subject to easements that the town wants to reserve for the utility lines . There will have to be a public hearing scheduled . ZONING OFFICER Reported 13' building permits issued for the month of July . ZBOA held 1 hearing for a garage less that 75 feet from the road , this was granted but to be kept in line with the house . Also acted on the application for James Nye , the abandoned Whitted Rd . There were 3 requests for houses . These were granted , but ZBOA tere going to have the owners sign a statement that they will not expect the town to do anything on Whitted Rd since it is abandoned . . YEAR MOBILE HOMES DWELLINGS 1979 thru July 5 22 1978 10 46 1977 20 73 1976 16 61 1975 13 57 1974 24 80 1973 28 65 1972 I 27 68 1971 27 68 1970 27 62 TOTAL 197 602 • HIGHWAY -Hwy Supt Humphrey reported that he is waiting for the surveyor before they can start work on George Rd . • Supv Cotterill wanted to know if the driveway is going to hold up along side of the Town Hall since it has been repaired . The town had to pay several towing charges for cars that had gotten stuck . Hwy Supt Humphrey said that he had it dug up and put several loads of crusher run in . There is no place for drainage because the ditch is uphill and you can ' t trench a ditch that way . Supv Cotterill suggested to dig it deeper and edge it up the hill . Hwy Supt Humphrey said that the telephone cable lies right near the top of the ground near the ditch . Supv Cotterill felt that there was no use to top the driveway or improve it until the drainage problem has been taken care of . It was felt that if there wasn ' t any parking along side of the building than no one would have to go around and get over near the ditch . Supv Cotterill suggested that Clm Metzger and Hwy Supt Humphrey should be looking at some plans for the future to put the cement wall along through the back so that some drains can be put in and the back parking lot filled in . . CORRESPONDENCE Supv Cotterill read letter from the Etna Community Assoc in regard to the Prince property in Etna . At their last Board of Directors meeting they voted not to purchase the property . It was felt that the problems with the title do not warrant such risks , also the executor of the estate previously withdrew the offer o f sale . There was some discussion and it was decided to give the estate 30 days to clean up the property or the town will do it and put the cost on their tax bill . L etter from German Cross Rd residents . • Letter from Judge Newhart thanking Town Board for work done at Town Hall Letter from the State with the equalization rate of 109 . 09 Letter from William Hawkins , 38 Sweetland Rd . requesting the Town Board. to consider a moratorium for trailers on individual building lots for 1 year so that the Planning B oard can study the effects . Request from Cy Ortin to erect no parking signs on Mt Pleasant Rd . The Town Board decided to have Z . O . Stewart send Mr Stelick a letter with regard to the restrictions on the special permit and that they should be adheared to . RESOLUTION # 117 HIRE LABORERS FOR THE HIGHWAY DEPARTMENT THROUGH THE CETA PROGRAM Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Dryden Town Board authorize the Highway Superintendent to hire three laborers for the highway deparmtent through the CETA Program . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 118 TRANSFER FUNDS FROM GENERAL A CONTINGENCY FUND TO A6220 . 1 Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supervisor to transfer $ 2 , 625 . 00 from General A Contingency Fund to A6220 . 1 for the CETA Program . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 119 ADVANCE FROM GENERAL B CONTINGENCY FUND TO FIRE PROTECTION WORKMEN ' S COMP . FUND Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supervisor to advance $ 1 , 000 . 00 from General B Contingency Fund to Fire Protection Workmen ' s Compensation Fund 2nd Supv Cotterill Roll call vote - all voting YES Supv Cotterill said that he will talk with the SPCA about dog control and enumerating the dogs for the Town of Dryden . RESOLUTION # 120 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 # 121 AUDIT GENERAL FUND BILLS Clw Graham 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 - $ 1490 . 00 Judge Newhart - $ 2236 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 22305 . 81 $ 66155 . 53 . General Fund B 16787 . 65 28448 . 16 Fire Protection District 1269 . 99 1175 . 20 Federal Revenue Sharing ' 15566 . 02 1800 . 00 Capital Fund - 0 - 601 . 70 Highway Fund 130577 . 10 95924 . 40 NEW BUSINESS • Schedule Public Hearing for Federal Revenue Sharing Sept . 11th at 7 : 30 PM • Adjourned : 10 : 15 PM Q n • Susanne Lloyd Town Clerk