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HomeMy WebLinkAbout1981-04-14 es 0J t PUBLIC HEARING April 14 , 1981 Special Permit - C J Drost Parcel # 67 - 1 - 64 Construct Multiple Residence Minutes of the public hearing held on the 14th of April . Supv Cotterill called the hearing to order at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper concerning the application of C J Drost for a special permit to construct a multiple residence at 1281 Ellis Hollow Rd . Parcel # 67- 1 - 64 QUESTIONS AND/OR COMMENTS Supv Cotterill stated that the application was a request to build a one story wood frame building with 9 units ; 8 with one bedroom units and 1 with a 2 bedroom unit . The building would have solar , gas , wood and electric heat and there would be one bath per unit . 5700 sq feet of floor space and approximate cost of $170 , 000 . 00 . Supv Cotterill read a letter from Frank Liguori , Tomp Co Planning Dept stating that there will be no significant deleterious impact on intercommunity or state interest . Therefore no recommendation is indicated by the County Planning Dept and the town is free to act without prejudice . Question - wanted to know how the Planning Dept determined that there would be no deleterioust effect ? Supv Cotterill said that that under state law anything on a state or county road the County Planning Dept has to review the application and give a report . Mr Drost said that he hasn ' t invested to much in the property yet because he wanted to get the feeling from the adjacent property owners . He has spoken with the Health Dept and the lot is large enough for 2 septic systems which is 200 foot diameter circle for up to a 6 bedroom unit . Question - how big is the lot and would the apartment complex take up most of the property ? Mr Drost said that it would take most of the width of the property . The property is 342 width and 433 depth and is 3 and 1 / 4 acres . Question - has the soil been tested to see if the septic system will hold this ? Mr Drost said that it hasn ' t been tested , but whatever the soil they can always put in a septic system for that area . Question - there is a very bad odor now along Ellis Hollow that is caused from septic tanks . One owner had to go to the expense of taking the overflow from an apartment that is there now and putting in a pipe which leads to the back of his property . It is a little better , but you can still smell it all day long . Mr Drost said that to him it would be a prime concern . Question - wanted to know where the septic tank was going to be in relation to the well ? Mr Drost said that it would be near the roadside . Question - was concerned because her mother ' s well would be right in line with his septic system . There was much concern from all of the residents that there is such a smell there now from the septic systems and this would only add to the situation . Question - said that with the result of their complaints over the years the Health Dept , requited 3 new septic systems put in for the apartment house with their approval but it did not affect the smell that comes out . The only way he could afford to fix the horrible situation was to put it underground on his own land . It still smells where it comes in and goes out , and does not believe that this is a good situation . Question - when Mr Liguori was in charge and Ellis Hollow was starting to develop the requirement then was a 1 acre lot and put in sand filter systems that would drain into the ditch . As long as people clean out their septic tanks , which they don ' t do , they get plugged up and things are a mess . Mr Liguori said at that time even with a one acre lot for a normal size family , something will have to be done in Ellis Hollw area because you could not keep adding houses and having them drain into the ditch . Otherwise , it would be just sewer on top of the ground . Now here is an application for a 9 unit apartment for 3 acres instead of a one family for 1 acre , which does not sound logical . There was much concern about the water table with their wells . Question - stated that back in 1940 Ellis Hollow Rd was a rural road , and he is bothered very - much now by the smell along the road since houses have been built there . The person who is responsible for making sure about the arrangement out there has been very lax in their investigation . In this case the Health Dept seems to think that a II It ! : i f 9 unit apartment comples isn ' t bad at all . to be added to the situation out there , on an already crowded road . He felt that they should insist that more careful consideration be given to the engineering aspects to the drainage and does not see how it would be possible to take care of that amount of drainage without a real sewer problem . Mr Drost suggested to have the septic system pumped out on a regular basis . Question - felt that the type of living in that area is more for single family dwellings and not apartment and multiple dwellings . Question - the cherish the fact that the Ellis Hollow area is a residential area for single family dwellings . The apartment house there now was in before zoning was in effect , and they would not like to have anymore apartment houses constructed there . They also expressed concern about the traffic on the road , since there has been a number of accidents . Mr Drost said that his proposal is in line with the zoning regulations , and he would be able to build a 5 unit apratment complex without a special permit . Supv Cotterill said that this board , regardless of any permit that they consider , they do not make the rules for water and sewer . The Health Dept does , so whatever the Heath Dept allows this board has no control over . About 15 people from the Ellis Hollow area were opposed to this apartment unit . Question - wanted to know how deep the well as and how many gallons per minute ? Mr Drost said that the well was 250 feet deep and he is getting 5 gallons a minute and there will be a storage tank under ground . Atty Perkins said that a multiple family dwelling is an allowed use in this zone . He could have 2 6 unit dwellings , there and cut his lot size down to 2 acres or less and there would not be any public hearing required . Question - when the zoning was put in effect was consideration ever given to the fact that there would be growth there with single family houses ? Supv Cotterill said that there was a lot of debate and what was passed was what the people decided they wanted in that area . Question - hoped that the special permit would not be issued but was wondering where they Health Dept comes in because he could not see a 200 foot diameter septic system put in therefor 6 bedrooms and for 9 rooms you would have to have a 300 foot diameter septic system . With other houses being built with that size septic system he couldn ' t see their reasoning for that size for a 9 unit complex on this piece of land . . Supv Cotterill said that this board could only make a decision on the application itself . The first thing that is mandatory , is that the zoning officer cannot issue a building permit until he has received an application from the Health Dept approving a designed septic system . Question - wanted to know the Town Board ' s responsibility ? • Supv Cotterill said that it is stated in the zoning what they have to go by . He read from the zoning book stating that in reaching a determination , the Town Board shall consider the following : whether Section 1303 . 1 requirements have been met , whether the location , the use , and the nature and intensity of operation will be in conflict with the allowed uses of the zone or the neighborhood , whether the use mill be more objectionable or depreciating to adjacent and nearby properties (by reason of traffic , noise , vibration , dust , fumes , smoke , odor , fire , hazard , glare , flashing lights or disposal of waste or sewage ) than the operation of the allowed uses of the zone , whether. .. the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood , whether a non -residential use adjacent to an existing residential use shall be screened by a landscaped Buffer strip or suitable fencing and whether health , safety and general welfare of the community may be adversely affected . . The residents were very much opposed and didn ' t want the area to deteriorate . Closed public . hearing 8 : 20 PM ' 1 4 £ 7 . TOWN BOARD MEETING APRIL 14 , 1981 Minutes of the Town Board meeting held on the 14th of April Supv Cotterill called the meeting to order at 8 : 20 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Tarr , Clm Webb , Clm Jordan Clm Metzger , Atty Perkins and Z 0 Stewart Approval of the minutes : Motion was made by Clm Metzger and seconded by Clm Jordan that the minutes of the Public Heating and Board Meeting held on March 10th be approved as submitted . COUNTY BRIEFING Co Rep Watros reported that the County Transportation system has now become a possibility for reality . The plans right now are that the plan -is to move people in Tompkins County with more efficiency . The plan will have a fixed schedule bus route between Ithaca , Dryden and TC3 . He was not sure if it would be implemented because of the ARC funding which at this point is not known . The plan is if this developes in the Town of Dryden and Village of Dryden will be the request for participation in the benefitting municipalities and TC 3 . The participation would be in the form of funding or parking . In the near future Dryden will be asked for their interest in such a plan and ask to contribute something for the project . The Town of Ithaca has participated in 11 of the rural transportation systems that have been developed so far . Co Rep Watros felt that it should merit a trial , and if it doesn ' t become a valuable program within a certain period of time then it should be terminated because he felt that it should be self- sustaining once it is implemented . Clm Webb could not see cutting the Town Budget in the highway for road improvements and than giving money for mass transit . . Supv Cotterill wanted to know that since last year we have had a revaluation on the assessment and one 2 years prior to that is the Assessment Dept going to do a revaluation every 2 years ? Co Rep :Watros said that they plan on a 5 year cycle . Clm Tarr wanted to know about the paid airport parking . Co Rep Watros said that it is the opinion of the County Board that the users of the parking lot should pay for it . Clm Tarr wanted to know if the county was getting any money ? Co Rep Watros said about $ 8 , 000 a year . Atty Perkins wanted to know since the county was getting $ 8 , 000 every year why were they going to raise the parking rate ? Co Rep Watros said that the vendor agent wants an increase because he is losing money . He has a 5 year contract with openers . ATTORNEY Atty Perkins reported on the abandonment of Stevens Rd . Hwy Supt Humphrey has asked Atty Perkins to present to the Town Board members a certificate of abandonment to formerly abandon Stevens Road . Hwy Supt Humphrey has advised Atty Perkins that it has been more than 6 years prior to the date of this certificate that the road , formerly known as Stevens Road , has been traveled or used as a highway and if he presents this certificate to the Town Clerk with a majority of the signatures of the Town Board the highway will be deemed to be abandoned . Anyone grieved by that decision will have a year in which to contest it in a court proceeding . . CERTIFICATE OF ABANDONMENT The undersigned , Gregory P Humphrey , Town Superintendent of the Highways of the Town of Dryden , Tompkins County , New York hereby certifies : That the highway in the said Town of Dryden , know and described as Stevens Road , has not ' been traveled or used as - a highway- for six and more years prior to the date of this certificate , and said highway declared abandoned pursuant to Section 205 of the Highway Law as a highway and public right of way . This certificate is made with the consent of a majority of the Town Board of the Town of Dryden and IN . WITNESS WHEREOF the undersigned Town Superintendent of Highways has executed this certificate together with a majority of said Town Board . Dated.:: Dryden , New York April 14 , 1981 Gregory P Humphrey Town • Superindendent of Highways Filed and recorded in the Town Clerk ' s Henry Tarr Office of the Town of Dryden , County Merton Webb of Tompkins , N . Y . on April 14 , 1981 Jon Metzger Susanne Lloyd , Town Clerk Frank Jordan Clinton E Cotterill . Members of the Town Board of the Town of Dryden , County of Tompkins , N . Y . Reported on Oriole Drive Water and Sewer District . There is a proposed resolution and order which the Town Board would have to adopt and enter into the minutes of the meeting providing for a public hearing to be held and notice given thereof by the Town Clerk at least 10 days prior to the hearing , at that time the Town Board would examine the petition and other documents which would be submitted . With respect to the sewer district it would have to be approved by the Health Dept . The Department of Audit and Control will not need to approve either districts , since no town money is going to be involved . RESOLUTION AND ORDER # 65 ESTABLISHMENT OF ORIOLE DRIVE WATER AND SEWER DISTRICT • Clm Tarr offered the following resolution and asked for its adoption : WHEREAS , a written petition acknowledged March 26 , 1981 has been presented to and filed with the Town Board of the Town of Dryden , requesting that all of the land situate in the Town of Dryden , County of Tompkins , and more particularly bounded and described according to Exhibit C annexed to and made a part of this resolution , be established into the Oriole Drive Water District and the Oriole Drive Sewer District , and WHEREAS , the maximum amount proposed to be expended for said District in the case of the Oriole Drive Water District is Four Thousand Five Hundred ( $ 4 , 500 . 00 ) Dollars , and with respect to the Oriole Drive Sewer District is Thirteen Thousand ( $ 13 , 000 . 00) Dollars , all of which expense is to be borne by the developer and petitioner , Rocco P Lucente , and no part of which expense is to be paid by the Town of Dryden , or any of the owners of any of the lots benefited by said Water and Sewer District , expect Rocco P Lucente . NOW, THEREFORE , it is hereby RESOLVED and ORDERED , that this Town Board will meet to consider the petition and to hear all persons interested in the subject thereof concerning the same on May 12 , 1981 at 7 : 00 o!'clock PM at the Town Hall , 65 East Main Street , Dryden , New York , and it is FURTHER RESOLVED AND ORDERED , that the Town Clerk give notice of such hearing by publishing in the official town paper , a certified copy of this Order and by posting a certified copy on the sign board of the Town maintained pursuant to the provisions of the Town Law , such publication and posting to be not less than ten (10) nor more than twenty (20 ) days before the day designated herein for the hearing as aforesaid . 2nd Clm Jordan Roll call voter - all voting YES Atty Perkins reported that this Town Board can adopt a resolution tonight subject to a permissive referendum appropriating a sum to have an engineer prepare a plan map and report with respect to the proposed sewer district . No work can commence prior to 30 days subject to a permissive referendum . As soon as the map , plan and report are filed with the Town Clerk , the Town Board can adopt an order describing the property , the proposed improvements , the maximum amount to be expended and the method of financing and set a public hearing . At the hearing there must be certain findings and may adopt a resolution after the public hearing , which resolution is again _ subject to a permissive referendum . There are 2 waiting periods . You have a waiting period for this resolution which you are appropriating a sum for a map , plan and report and secondly after the public hearing , after the report , plan and map have been filed to establish the district you have another 30 day waiting period . RESOLUTION # 66 PROPOSED TOWN SEWER DISTRICT NORTH OF VILLAGE OF DRYDEN Clm Tarr offered the following. • :•resolution and asked for its adoption . ' BE IT RESOLVED , by the Town Board of the Town of Dryden , that pursuant to the provisions of Article 12-A of the Town Law , the Town Board hereby appropriates a sum not to exceed the sum of Five Hundred ( $ 500 . 00 ) Dollars to pay for: the cost of preparing a general map , plan and report for providing the following facility " and improvements , or services : A proposed town sewer district north of the Village of Dryden (roughly being south of Mott Road and including both trailer parks in that vicinity and along both sides of New York State Route 13 and including all lands from the Dryden Central School District to the Tompkins - Cortland Community College lands . The map , plan and report shall be made by Morrell Voorman Engineers of Gloversville , New York pursuant to their letter of April 10 , 1981 , and the map , plan and report shall conform to the requirements of Section 209- C of the Town Law . III I This resolution is subject to a permissive feferendum . 2nd Clm Jordan Roll call vote - all voting YES Clm Jordan moved that the Town Board schedule a public hearing ' far the proposed Sewer District north of the Village of Dryden at 7 : 15 PM on May 12th Clm Metzger moved that the Town Board schedule a public hearing for the - Proposed Local Law for defense of Town Officers and employees to be held at 7 : 30 PM on May 12th Clm Jordan moved that the Town Board schedule a public hearing for ' the Proposed Local Law for an Electrical Inspection Code to be held at 7 : 45 PM on May 12th . • There was some discussion concerning the contract that Atty Perkins had drawn up for the SPCA . It was decided that the Judges , Board Members and the SPCA meet to discuss any complaints that have arrisen . Beverage container deposit was tabled . Clm Webb wanted to know the status of the abandoned LVRR r- o-w south of the Village of Dryden ? Atty Perkins said that he will give a report at next months meeting . He said that the town has the option to buy all of the abandoned railroad property in the Town of Dryden and all we need do is to exercise the option by giving notice by October 24 , 1981 . In the event that we exercise the option there is a binding contract for the purchase of sale which we have already paid 10 % of the purchase price . The procedure at that point would be to get the rest of the money for the purchase price . All but a small portion of the railroad property between East Ithaca and Freeville have been contracted for and the same for the property north of the Village of Freeville to the Groton Town Line . Nothing has been done formally between Dryden and Freeville or south of the Village of Dryden to West Lake Road . ZONING OFFICER Reported that Mr Franklin Becker also was opposed to the special permit for C J Drost . 3 building permits for the month of March . 2 storage buildings ; 1 barn ; and 1 replacement for a mobile home . ZBOA held 2 hearings - one was that they didn ' t have enough frontage for a 2 family house in back of their present house . They had frontage but they wanted a 20 foot r- o- w instead of dividing the lot . The other hearing was for someone that had built to close to the property line . He , had built a wood shed near his " garage - before he had gotten the permit . The board granted the permit with the condition that he gets a written statement from his neighbor that he didn ' t object , otherwise he was to tear the building down . . Schedule a public hearing for Ithaca Inter-Systems at 8 : 00 PM on May 12th . They decided that they wanted to make a larger building than they had applied for last fall . CORRESPONDENCE Letter from Newark Valley Village thanking the Town of Dryden for their assistance when they had an emergency . • Ambulance Report List of bridges in the Town of Dryden Letter from Donald Gilbert resigning as Bingo Inspector JUSTICE REPORTS Judge Sweetland - $ 2 , 866 . 00 Judge Newhart - $1 , 236 . 00 RESOLUTION # 67 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO SIGNS 3620 . 2 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to transfer $1 , 000 . 00 from Unappropriated Fund Balance to Signs 3620 . 2 . 2nd Clm Jordan Roll call vote - all voting YES There was some discussion about George Rd and Atty Perkins felt that the Town should bet a deed from George Junior Republic stating that they can ' t warrant title to the Town of Dryden since there is not a clear title . FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 33219 . 21 $ 9013 . 26 General Fund B 494 . 05 845 . 56 Fire Protection District 351 . 50 - 0 - Federal Revenue Sharing 207 . 13 8 . 14 Capital Fund 21035 . 53 21035 . 53 Highway Fund 46035 . 90 35619 . 94 Tabled decision on special permit for C J Drost until May meeting . RESOLUTION # 68 AUDIT GENERAL FUND BILLS Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that the general fund bills be paid as audited . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 69 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 Webb Roll call v to all voting YES Ar ' Adjourned : 10 : 00 PM Susanne Loyd " Town e