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HomeMy WebLinkAbout1980-08-12 D a ' 'PUBLIC HEARING # 1 SPECIAL PERMIT - Al Thayer Jr . Fill Propane Tanks August 12 , 1980 at his residence Minutes of the public hearing # 1 held on August 12th Present : Supv Cotterill , Clm Tarr , Clm Metzger , Clm Webb , Clm Jordan , Atty Perkins and Z . O . Stewart Absent : '. Town Clerk Lloyd Supv Cotterill read the notice that was published in the newspaper to consider the application of Al Thayer Jr for a special permit for a business to fill propane tanks at his home address , 2069 Peruville Rd , McLean , NY . QUESTIONS AND/OR COMMENTS Supv Cotterill read a letter from Co Planning Commissioner , Frank Liguori , stating that the proposal as submitted will have no deleterious impact on inter- community county , or state interests . Therefore the Co Planning Dept recommends approval . Also read a letter from Amy Youman stating that she had no objection for Mr Thayer Jr: to fill propane tanks at his residence . Supv Cotterill wanted to know the extent of what his business would be ? Mr Thayer stated that 90a of it would be for his own use . He has a pumping station and would be able to fill 2 bottles at a time , which would be safer to fill them as people need them . He will have a fence around it so that children cannot reach it . Supv Cotterill wanted to know who the closest neighbor was ? Mr Thayer said that Mr Sutton was about 400 to 500 yards away . Clm Metzger wanted to know if it is for commercial use only , or can anyone get a tank filled . Mr Thayer Jr said that Suburban Propane will not let him have it there unless he has a sign advertising to fill tanks . If anyone comes: in to have a tank filled he has to fill it . Supv Cotterill wanted to know what his own use was ? Mr Thayer Jr stated that he uses it for his home , truck that runs on propane and he does hot roofing . Mr Thayer Jr said that he would not advertise in the paper , but will have to have a sign as required by Suburban Propane . Supv Cotterill asked Z . O . Stewart to see that Mr Thayer Jr understands the requirements for signs as far as size and set backs go . Clm Metzger asked if he would lease or buy the equipment from Suburban Propane . Mr Thayer Jr said it would be leased equipment . He said there are no state regulation regulations , but it has to be 50 feet from any building or the insurance company would raise the rates . Closed public hearing : 7 : 35 PM RESOLUTION # 112 GRANT SPECIAL PERMIT _ Al Thayer Jr Fill propane tanks at residence Clm Metzger offered the following resolution and asked for its adoption . RESOLVED ; that this Town Board grant a special permit to Mr Al Thayer Jr for a , business to fill propane tanks at 2069 Peruville Rd . , McLean , NY with the following restrictions : 1 - that this permit is for Mr Thayer only and is not transferable and 2- that the tanks are to be enclosed by fencing . 2nd Clm Jordan Roll call vote - all voting YES PUBLIC HEARING # 2 SPECIAL PERMIT . - Mildred Morse Antique Shop at August 12 , 1980 her home and retail business Minutes of public hearing # 2 held on August 12th at 7 : 40 PM Supv Cottetill read the notice that was published in the newspaper stating the purpose of said hearing to consider the application of Mildred Morse of 812 Irish Settlement Rd for a special permit to have a retail business Antique Shop j . in her home . .- I E QUESTIONS AND/OR COMMENTS Letter from Frank Liguori , Co Planning Dept that approval be recommended . Closed public hearing # 2 : 7 : 45 PM RESOLUTION # 113 GRANT SPECIAL PERMIT - MILDRED MORSE TO HAVE ANTIQUE SHOP AT HER HOME Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant a special permit to Mildred Morse for an Antique Shop in her home at 812 Irish Settlement Rd , Freeville , NY with the followin5 restrictions 1 - that this special permit is for her use _ only and is not transferable and 2 - and is not for anything other that antiques . 2nd Clm Metzger Roll call vote - all voting YES TOWN BOARD MEETING 110 3 AUGUST 12 , 1980 Minutes of the Town Board meeting held on the 12th of August . Supv Cotterill called the meeting to order at 7 : 50PM Members and guests participated in the pledge of allegiance . Roll call was by Sec McFall : Present : Supv Cotterill , Clm Tarr , Clm Webb , Clm Metzger Clm Jordan , Atty Perkins and Z . O . Stewart Absent : Town Clerk Lloyd Approval of the minutes : Motion was made by Clm Tarr and seconded by Clm Jordan that the minutes of the July 8th board meeting be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh reported on the intersection of Irish Settlement Rd . He had spoken with Jim Ray , and what has happened is that the highway officials and engineers were to have talked with the property owners , which they did but had no success with the owners . Supv Cotterill wanted to know why they felt it wasn ' t a success ? Co Rep Tillapaugh said he was told that they couldn ' t get any comments or positive approach from the property owners . Supv Cotterill said that at the county meeting that he and Hwy Supt Humphrey attended with the highway commissioner , county engineers , and Jim Ray t-fey decided not to go back to the Planning & Public Works Committee at that moment because they didn ' t have any definite plans . They has just generalities . The generalities were that they didn ' t get an agreement with Mr Cook to remove the building that is close to the r-o-w and possibly dig some ditches , relocate a little bit and limit his access in certain spots . They had no details , and the understanding when they left the meeting was that the county was going to get IN DETAIL maps designing the full thing and go to the landowners . The county has not done anyt.Lhing except to go to the landowners with the same map that has hung here for 2 years with 2 little statements on it . 1 - was to relocate the building and 2- was alter driveways for maximum safety , it did not show where he would have access . Supv Cotterill said he has talked with: Paul Cook 3 times and he said how can I sign anything when the county isn ' t telling me what they are going to do . : They tell me they are going to move a building and they don ' t tell me where , and whether they are going to put it on a foundation or if there will be electricity to it . They didn ' t tell me where they were going to relocate the driveways or if I will have 1 or 2 . Mr Cook told them to come back with something concrete which the county promised to do in 1 week , and Mr Cook has ' nt seen them since . . Supv Cotterill wanted to know why the county doesn ' t feel they haven ' t gotten any answers/ Co Rep Tillapaugh said Jim Ray ' s approach now is that Co Rep Watros , Co Rep Tillapaugh , Bill Mobbs , and Jim Ray plan to go and see Mr Cook , but the time has not been set yet . When they go they will have some definite plans to present to him and ask him if he will agree to it . Supv Cotterill wanted to know why no one has not been back with any plans for 3 months . Co Rep Tillapaugh said that he really didn ' t know but agreed with Supv Cotterill that the county has not contacted the property owners with any definite solution . Clm Jordan felt that it was a dangerous intersection and would like to see something done as soon as possible . Supv Cotterill felt that it was obvious that the county does not want to relocate the road , but to put up obstacles and make it more hazardous , Co Rep ` Tillapaugh said that several of the members from the Co Planning Committee felt that there were other places in the county with higher priorites . Supv Cotterill felt that the county should be doing something , because this has been discussed for more than 2 years . He also felt that we should have some questions answered as to how many men are on the county payroll and how much equipment the county has . The Town of Dryden has 20 men on the payroll and some equipment , but doubts if it matches the county and doubts that the town ' s budget matches the county . The town is rebuilding and building roads every year where it is needed for the safety of traffic and certainly a lot less dangerous than the intersection at Irish Settlement Rd . He doesn ' t understand the type of fallacy with their type of payroll and equipment that they should never build a new road . Supv Cotterill wanted to know if they did have higher priorities are they doing something with them or just talking? Co Rep Tillapaugh felt who was to say what had higher priority . He also questioned the estimated amount to have the intersection changed . Supv Cotterill felt it was highly exaggerated to what they want it to be because the town just built a new road and we will gladly give them the figures what it cost the town which was about the same amount of footage on George Rd , which will be done this fall . Our cost for layout does not exceed $15 , 000 . 00 of layout except for our manpower and equipment and yet the county says $ 150 , 000 . 00 for the same amount of distance . 11 ° 41 Co Rep :: Tillapaugh wanted to know if the county had finished the creek clean- up in the Town of Dryden with the CETA workers ? Hwy Supt Humphrey said they were finished and had done more than was planned and he was satisfied with the work that was done . Co Rep Tillapaugh wanted to know if anyone had received complaints about motor _.bikes being on the railroad tracks . Supv Cotterill said that he had received some complaints from the land - owners . There really is not much anyone can do because the railroad still has title to the property . If the noise is really that bad they can call the Sheriff and have them arrested for disturbing the peace . Supv Cotterill wanted to know what the county was going to do with regard to the contract with the SPCA . Supv Cotterill said that he has not received any complaints_ so he really isn ' t aware of what is going on . Also wanted to know if the SPCA was going to do the dog enumeration ? Sec McFall said that she had received a letter from the SPCA wanting to know if the town was satisfied with last years dog enumerator,? and if so could they use the same person . The ToWn Board agreed to let the SPCA find their own dog enumerator . Supv Cotterill was concerned about a new contract because the last one only allowed for 50 cents per dog for Town Clerk fees . There also should have been an allowance for $ 5 . 00 per dog for court costs , with all other dog fines to go to the county for the contract . The contract was apparently written without any money for court costs . Supv Cotterill wanted to make sure if the county does renew the contract that the $ 5 . 00 court costs is in the contract , plus 500 for clerk costs . Sec McFall said that there was only $145 . 00 in dog money for 14 cases . Supv Cotterill said that the county should know how much has been turned over to them for dog fees-and court fines . Co Rep Tillapaugh said that he has asked for this report several times and has not received ,it yet . Supv Cotterill said that he would be interested in what the total was for the county . Clm Webb said that we are the largest town in the county , therefore felt that the Town of Dryden should have some county funding every year for roads . Our Town Board feels that the intersection of Irish Settlement Rd has the top priority in the town . Clm Webb wasn ' t sure with what they were saying that they weren ' t spending any money in the Town of Dryden on roads or they think that there are other priorities in the Town of Dryden that are more critical than this intersection . This is why he. would like to: . see a list of their priorities . Co Rep Tillapaugh said that there are 2 people on the committee that are from heavier traffic areas where they felt , which is their own personal opinion , -=have higher priority or problems than we have in Dryden . Clm Webb and CO: Rep Tillapaugh both felt that these priorities should be listed . Supv Cotterill said that he has received several phone calls wanted to know when something was going to be done there . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Webb had gotten a request about 10 days ago from some residents in the Ellis Hollow development where the road is not marked by signs . Hwy Supt Humphrey stated that they have been put up in the last 2 weeks , but is not saying they are still there . ' Clm Jordan reported that the sewer committee met and they have written a letter stating their discontent with the engineering firm and hopes this will get them to move faster . ATTORNEY Atty Perkins reported that himself , Clm Tarr and Clm Jordan met August 6th with Ceracche TV about a model franchise , except for extension of service . We will meet again August 28th and work on the remainder of the franchise and on extension of service then . Atty Perkins said that he has written to the Public Service Commission about advice as to what they recommend for a policy on extension service and also the Conneticut Public Service Commission , who imposes a state wide policy , for their comments . A spokesman for Ceracche TV said that they did survey North Rd and the mileage was 1 . 8 miles per 14 houses or average of 8 homes a mile . This was from the corner of Mott Rd and North Rd . Another study Ceracche did was Etna Road , which was 2 miles for 23 houses or an average of 12 houses per mile . Reported on Scofield Rd , that the cable was plowed in as an experiment with the phone company many::years ago to see the feasibility of TV cable going through the phone company machinery with their cable . Supv Cotterill said that he would like Ceracche TV to send something in writi:rigy regarding Scofield Rd that there is no cable there , so that when residents inquire the Town Board can tell them that there is not any cable there and there is not any anticipation of cable being extended there in the near future . Reported on Ringwood Rd and Midline Rd which was measured off at 6 . 65 miles . 2/42\.5 There were 103 homes or an average of 15 houses per mile . Even with the 15 houses per mile it is not economically feasible for a line extension . Supv Cotterill said that in regard to the line extension on Midline Rd and Ringwood Rd the Town Board would like something in writing - as to what the analyzation is as to how many miles and how many houses , so that they have it on record . When some type of agreement is reached here on how we are going to do line extensions as to what the formula is going to be , we can tell these people that this is our formula , and this is what the company finds in that area . Atty Perkins also reported on Peaceful Drive . The developer along Peaceful Drive wants to change the alignement of a portion of the road . Before the town can deed back a portion Of the road or dispose of any property there has to be a public hearing . The Town Board decided to schedule a public hearing to abandon a portion of Peaceful Drive as now constituted on the town map and accept an offer of dedication for the new portion . The Planning Board and Hwy Supt have agreed with the change . Also reported on a water bill concerning Cy Ortin . . Atty Perkins said he wrote a letter advising him that the Town of Dryden persay , has no position whether or not he could shutoff a tenants water , that this had more to do with Bolton Point . If he wanted to come to the Town Board and wanted a clarification , Atty Perkins was sure the Town Board would tell him that they have no position as a board , that:' it is between Mr Ortin , the owner , and Bolton Point , who is the supplier of the water and the tenant : . Atty Perkins reported on a proposed local law with regard to mass meetings . The Town Board decided to review the proposal and discuss it at the next board meeting . Also reported on the local option concerning Proposition # 1 as far as gambling . Shall there be approved and adopted in the Town of Dryden , New York Local Law # 1 1980 entitled " Town of Dryden Games of Chance Law" , as enacted by the Town Board on June 10 , 1980 . That will be the form of Proposition # 1 on the ballot on the General Election . The Town Clerk and Attorney Perkins must certify an . abstractedf a proposition to the County Board of Election . Co Rep Tillapaugh wanted to know what is referred to as a raffle . Atty Perkins said anything that is not defined within the provision of the New York State Racing and Wagering Board definitions , bingo , anything commonly referred to as a raffle where you buy a chance , ticket , or an opportunity or whatever to win a prize . Co Rep Tillapaugh said that with even passage of Games of Chance a raffle is still not legal . Atty Perkins said that was correct , that no local government has any jurisdiction to authorize a raffle . ZONING OFFICER Issued 20 permits for the month of July . 6 - one family ; 5 - mobile homes , 2 were replacements ; 3 garages ; and 6 additions to homes . ZBOA granted a variance to Robert Alcorn for a slaughter house and processing plant on North Road . Also reserved decision until they can have more information with regard to Bernard Cornelius for excavation of sale of aggregate materials at 395 Main St . Etna . Z . O . Stewart also reported that the directory is now at the printers and should be ready by the 1st part of September . He sold 8 large ads and 18 small ads for a total of $14300 . 00 . The approximate cost for the directory will be $ 1800 . 00 to $ 2050 . 00 Supv Cotterill thanked everyone involved for getting the directory up to date . Supv Cotterill also said that people have asked him about junk cars and abandon cars as to why the zoning officer had not issued any violation letters . ZO Stewart said that some have farm plates on the . Supv Cotterill asked him to keep his eyes open and serve violations if he sees any . CORRESPONDENCE Received a letter from Richard Kibel stating his resignation from the Planning Board due to his work . He stated that he hoped in the future the Planning Board would sud- due the regulatory attitude which seems to prevail and assume a more vigorous and imaginative roll in encouraging business and light industry to relocate in our town . He felt that we no longer can enjoy the luxury of being a bedroom community for the City of Ithaca and Cortland . We must strive to broaden our tax base with business , small industry , when in time would lessen the tax burden now being born by the farmers and single family dwellings . Robert Hamilton ' s name had been suggested for the Planning Board . RESOLUTION # 114 APPOINT ROBERT HAMILTON TO PLANNING BOARD TO REPLACE RICHARD KIBEL Supv Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Robert 'Hamilton to serve on the Planning Board to replace Richard Kibel whos term expires 12- 82 . 2nd Clm Metzger Roll call vote - all voting YES )1d6 Received a petition from 20 residents requesting a street light at the intersection of Simms Hill Rd and Livermore Rd . \ RESOLUTION # 115 REQUEST FOR STREET LIGHT AT INTERSECTION OF LIVERMORE RD AND SIMMS HILL RD . Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board send a request to New York State Electrice & Gas to install a street light at the intersection of Livermore Rd and Simms Hill Rd . 2nd Clm Webb Roll call vote - all voting YES Supv Cotterill said that he had received a request from Judge Newhart asking to spend $ 310 . 60 per year for law books for a 2 year period . Atty Perkins felt that there were a lot of volumes that he would never use . There were other books that you could purchase for less money . Supv Cotterill said that he would discuss this with Judge Newhart . . There was some discussion concerning the Busy Bus Contract and Supv Cotterill stated that if there are no :state funds available then the Town of Dryden is ho:t.: libel> to fund the program . Atty Perkins said that he would look into the matter . JUSTICE REPORTS Judge Sweetland - $1200 . 00 Judge Newhart - $ 1250 . 00 RESOLUTION # 116 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO CONTROL OF DOGS A3510 . 4 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $ 750 . 00 from unappropriated fund balance to Control of Dogs A3510 . 4 2nd Clm Tarr Roll call vote - all voting YES RESOLUTION # 117 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO PUBLICITY - DIRECTORY Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $ 2 , 000 . 00 from unappropriated fund balance to Publicity - Direcory A6410 . 4 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 118 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO SAFETY INSPECTION SIGNS A3620 . 2 Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorized the Supv to transfer $ 500 . 00 from unappropriated fund balance to Safety Inspection , signs A3620 . 2 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 119 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 Jordan Roll call vote - all voting YES RESOLUTION # 1st 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 FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 20165 . 88 $13301 , 72 General Fund B 15127 . 96 28468 . 79 Fire Protection District 207 . 55 11 . 39 Federal Revenue Sharing 15190 . 00 - 0 - Highway 29525 . 78 63681 . 93 NEW BUSINESS Schedule public hearing on Peaceful Dr on Sept 16th Adjourned : 9 : 20PM , , 0+Ce Susanne Lloyd Town Clerk