HomeMy WebLinkAbout1982-08-10 PUBLIC HEARING # 1
SPECIAL PERMIT - Elizabeth Delahanty , 427 Ferguson Rd .
August 10 , 1982
Minutes of public hearing # 1 at 7 : 15PM . •
Supv Cotterill re'a'd the notice that was published in the newspaper to consider the
application of Elizabeth Delahanty of 427 Ferguson Rd to build an 8 unit apartment
house on her property . .
QUESTIONS AND/OR COMMENTS
Fred Kraft gave the board members a sketch and proposed plan of the apartment unit .
They are proposing an eight unit apartment house . It will be a high rental type complex .
Where they propose to locate the house would not be near any of the exisiting houses .
They tried to take in consideration the ?-sur±ounding neighbors and best use of the
topography . There will be a minimum amount of excavating and filling . • They are not
Changing any of the run off situation . They have done test holes and boring to find
out what kind of subsoil there is . They have a septic system designed for this type
of soil . It will be . a two story 4 , 000 sq ft lower level and 4 , 000 sq ft upper level , •
2 bedroom type apartments . It will be about 83 feet by 48 feet and will be set back
from the road 185 feet .
Tim Buhl , reported that they dug four 8 foot deep 'holes and 2 perk holes on the site .
They found the percolation rates to be in a range from the worst 7 minutes to fall one
inch and the best was 2 minutes to fall one inch . They tentatively designed a sewage
disposal system and have submitted the design to the Tomp Co Health Dept based on the
7 minutes . They found in the high ridge portion where they are going to be is very
nice permeable material . A representative from the Health Dept was present when they
ran the tests and they were satisfied .
Mr David Dik from • 442 Ferguson Rd was present and gave a statement to the board members
opposing the special permit .
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Statement of Mr . and Mrs . David W . Di };
442 Ferguson Road
RD # 2
Freeville , NY 13068
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IN OPPOSITION TO A " SPECIAL PERMIT FOR A MULTIPLE DWELLING " ON
427 FERGUSON ROAD :
S ice we reside directly across from the proposed site for the
d evelopment of an eight - unit apartment house , we will feel the great -
e st impact . This will dramatically change the characteristics of our
n eighborhood and be adverse to our investment in our own property .
• In checking with the Tompkins County Board of Health regarding the
percolation tests recently conducted on the site , the representative
stated that three deep holes• were dug and the results " were not very
- good . " The only area that is at all acceptable is in the northwest
corner which is unfortunately close to the road and our properties .
We already have a water problem at 442 Ferguson Road . Now add to 411
the water table leve1 •"2 , 400 gallon per day or almost 900 , 000 gallons
per year , it is certain that our situation will not be improved .
This presentsa very serious sanitation problem .
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The engineer at the Health Department was even more concerned with
run off . On at least three occasions , water has come cascading
from the nearby creek across the road and on to our property . The
addition of a driveway and other hard surfaces will only create a
situation far worse than it is today .
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If the special permit were granted , there will be additional traffic.::
Ferguson Road is an unimproved road with a speed limit of 55 mph .
• The additional eight or more cars entering onto Ferguson Road will
add to an already dangerous situation .
It seems , 4i •onic that only fifty feet away from the proposed site ,
we who • live in the Yellow Barn . Development area are covered by a
very restrictive covenant . For many of this this was a deciding
factor in living in the area because we are protected from the
building of multiple dwelling which would have a serious impact on
• our properties . ,rt
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Last , but by no means least , the quality of life in our area will
• Abe diminished if this permit is granted . If this commercial ven -
- ture is allowed , it will open the way for others to seek special
permits to construct the same type of properties in the surrounding
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area . . •
For these reasons we strongly oppose the granting of a special per -
mit allowing - the construction of an eight - unit apartment building
at 427 Ferguson Road . .
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Car 1 R . pik
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David W . Dik
Mrs Henry Host-Steen read her statement of objections and gave a copy to the board .
Statement by Mr . 4nd Mrs . Henry Host - Steen
• 448 Ferguson Rd . , RD # 2
Freeville , NY 13068
IN OPPOSITION TO a " Special Permit " for a multiple dwelling
. due west of 827 Ferguson Road
We purchased - our home on Ferguson Road in 1970 . The
. Yellow Barn development ( Windy Knoll ) is subject to a restrictive
• covenant , properly filed , to protect the rights of homeowners in
the area from , among other things , the intrusion of multiple dwell -
ings . Such - an intrusion would have a serious impact on the ' char_ ac -
teristics of . the neighborhood . It would also have an adverse fi -
nancial impact on our largest asset and most important investment .
• In addition , there would be the following potential
problems :
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1 . "Traffic flow. through the densely populated area on
Yellow BarncRoad would be greatly increased , making
. it more unpleasant for all and more dangerous to the
children in that area . Ferguson Road is a slightly
improved oil and stone road , with a maximum paved width
of 20 feet at the entrance of the proposed site . The
area from Route 13 to the site is not posted for speed
limit . Therefore , a 55 MPH limit applies by default .
Access to the other . multiple • dwelling , a half mile east
of the site , is on a generally uninhabited section of
Irish Settlement Road and does not cause the hazard that
this proposal would . The . permit should be denied .
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2 . If the special permit were to be granted , it could ad -
versely impact the domestic water supply to the 75 home --
owners in the Yellow Barn Road area . A fourth well was
recently added , at great expense , to that water system
- to stabilize the water supply for these families . That
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fourth well is due south of the proposed site at a depth
in excess of 300 feet . Three other wells approaching
that depth are also in the area to provide domestic wateer
to these families . The drilling of a well to supply the
proposed multiple dwelling could have a dangerous impact
on the existing water supply to these families . The permit t
should be denied .
3 . If the special permit were to be granted , it could ad -
versely affect the ability of the hillside to hold snow
. and water runoff once the site is cleared . Yellow Barn
• Creek , which approaches the site from the south , has
overflowed its banks on the westerly adjoining property
on two occasions . The first was after the July Fourth
weekend in 1976 and , most recently and vividly , during
October of 1981 . On both occasions , water pouring over
Ferguson Road seriously eroded and undermined the road ,
necessitating expensive repairs by the Town Highway De -
partment . Clearing this proposed site would increase the
flooding potential . The permit should be denied .
4 . If the special permit were to be granted , serious sanita -
tion problems could occur . Even with acceptable percola -
tion tests , other individual homes have had septic tank
leeching problems . The hillside has clay layers and small .
springs in the soil . A concentration of sanitation runoff
due to a multiple dwelling could have adverse effects on
the sanitation and leeching in the area . The permit should
ble denied .
In summary , because of the above enumerated reasons , it wou
be imprudent for this Board to grant the special permit allowing The
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building of a multiple dwelling immediately adjacent to , and without ;
suitable buffer, zone from , the single dwelling area adjacent to it .
The permit should be denied . 0
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Elizabeth Delahanty wanted to point out that the area is zoned for multiple dwellings
and Yellow Barn Development does . ;have restrictions . . She was sure that the people that
bought there realized that where their land borders is not part of the Yellow Barn
Development and mould be faced with someone who would . - want to put multiple dwellings
there if it is so 'zoned . She would also like to point out that she is as much concerned
with the same problems that are being brought up because she will be living right next
door to the property so that the traffic patterns and environmental problems will also
affect her as well as her neighbors and' she would like to do everything possible to
minimize the problems . She felt that a well constructed and maintained apartment
house would be an asset to the area .
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Mr Senykoff from1Top Forty • Rd was also opposed to the apartment unit . He felt that the
board should look at it very strongly . If you put in one 8 unit apartment building
now it will set a precident for future development in the Yellow Barn Rd area .
Everyone in the Yellow Bard area has purchased their house because it is a one-
family development . Also concerned about the building plan that is shown in terms of
the building . It shows that it is partially sunken , yet they are proposing a . 2 story
building that will be sitting on the rise so it will be very large . It will also
generate a traffic problem and you should look at the environmental characteristics
there . He is interested in the bedrock to see how the percolation goes and the drainage
for the sewage sjstem . He proposed that this issue be tabled in terms of the permit to
allow the people in the Yellow Barb Rd area to look at the proposed site in a little
more detail in terms of the. plans that were passed out this evening . Also such things
as soil and to And out the feelings of other area residents . •
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Mrs Dedominicis from Top Forty Rd also was opposed to the multiple dwelling and was
very concerned with the increase of traffic because of all of the children in the area
riding bicycles on Ferguson Rd .
Closed public hearing 8 : 00 PM
PUBLIC HEARING # 2
SPECIAL PERMIT - Larry Caskey , 1990 Dryden Rd
Minutes of public hearing # 2 8 : 00PM
Supv Cotterill read the notice that was published in the newspaper concerning the
application; of Larry Caskey for a special permit to build a building for additional
repair facility space for his garage at 1990 Dryden Rd .
QUESTIONS AND/OR COMMENTS
III
Clm Metzger wanted to know if there was Health Dept approval ?
Mr Caskey said that the Health Dept has been involved and environmental survey studies
are not required . On the speck sheet Dick Wilsen will be doing the excavation and
everything has been taken care of . The Health Dept has received everything that they
need and there will be a new sewer system . The Health Dept was there and they could
not see any problems with the perk tests that were done .
Closed public hearing # 2 8 : 05PM
PUBLIC HEARING # 3
SPECIAL PERMIT - Consolidated Gas Supply Corp .
249 Ellis Hollow Creek Rd .
Minutes of public hearing # 2 8 : 05PM
Supv Cotterill read the notice that was published in the newspaper to consider the
application of Consolidated Gas Supply Corp for -a special permit to build a
compressor building on their property at 249 Ellis Hollow Creek Rd .
QUESTIONS AND/OR COMMENTS
Rick Wilsen a representative from Consolidated Gas stated that the building would be
a metal building 40 feet by 38 feet and 24 feet high at the gable . It will be an
eastern extension to the existing pump house now and it will eventually replace the
existing pump house .
Barbara Caldwell wanted to know the sound levels of the facility ?
Mr Wilsen said he didn ' t have that information with him but would be able to get it .
Barbara Calwell said that question was raised at the Planning Board meeting and was
wondering about the noise levels .
Closed public hearing # 3 8 : 10 PM
TOWN BOARD MEETING
AUGUST 10 , 1982
Minutes of the Town Board meeting held on Aug 10th .
Supv Cotterill called the meeting to order at 8 : 10PM
Members and guests participated in the Pledge of Allegiance
• Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Jordan , Clm Metzger
Clm Webb , Clm Evans , Z . O . Stewart and
Atty Perkins
III Approval of the minutes : Motion was made by Clm Evans and seconded by Clm Jordan
that the 3 public hearings and board meeting held on July 13th be approved as submitted .
COUNTY BRIEFING
Co Rep Tillapaugh reported that the count] had a briefing on the PCB problem at TC 3 and
how it was discovered . It was a minor problem and it wasn ' t as bad as reported in
the newspaper .
CITIZEN PRIVILEGE OF THE FLOOR I -
Mr Bennedy from Old Dryden Rd- was here last year and was promised that the road would
be fixed . He did notice that some grading was done . The road has potholes and many
stones and is dangerous to drive on . He wanted to know what the next step would be ?
Supv Cotterill - the highway supt . is well aware of the condition of the road . They have
o ver 130 miles ofi road to work on and it is on his list to take care of . His office
will let you know, about when it will be scheduled to be worked on .
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Mr Bennedy - also: wondered if the ditch could be cleaned out ?
Supv Cotterill - Hwy Supt Humphrey will check on this while he is there patching the
road .
Mr Bennedy - wondered if a road sign could be installed at Rt 13 and Old Dryden Rd ?
Supv Cotterill - 'the state would have to install the sign since they own the r -o-w ther
Mr Bennedy - complained about people dumping their garbage there at the picnic area
and wondered if t1be town could post a no dumping sign ?
Supv Cotterill - you would have to contact the Sheriff ' s Dept or State Police to
see if they could be caught dumping . He would see if the town did have any signs
to post to see if that would help the matter any .
Dr Willard Schmidt from North Landon Rd wanted to know if that road could be resurfaced .
He has talked with the Hwy Supt and some patching has been done but they feel that it is
still hazardous and it is not only used by those of us that live there . Also gave the
board a letter from Mrs Weaver with regard to the potholes in the road .
Supv Cotterill - has spoken with the Hwy Supt and he does plan to do some more work on
North Landon Rd .
Mrs Corbin from 356 Snyder Hill Rd and other residents from that area were present and
were wondering if anything could be done about 357 Snyder Hill Rd belonging to Elaine
Gambrell . She has apparently changed the residence from a one-family house into a
co- ed dorm . The multiple dwelling is against zoning regulations and was wondering what
could be done about the situation . The biggest problem is all the cars and dogs . Cars
o utnumber the residents . It is a general threat to their homes and they resent this .
They have spokenlwith the zoning officer to see if anything could be done . They would
like to know where to proceed from here ?
Atty Perkins - the zoning does have control over this and the Zoning Officer has tried
to contact •Mrs Gambrell and has received no cooperation from her . The Zoning Officer
will start with the proceeding on this starting tomorrow .
Mr Vrooman from Vrooman Engineers was present and wanted to know the status on the _ •
Cortland Rd Sewer Dist . With the present cut backs they are taking priority rating
and the Village of Dryden is not high enough without the Cortland Rd Sewer Dist going
in with the village for the potential grant . Mr Vrooman wanted to know how the agreement
was coming along with the Village of Dryden . The only thing that is remaining is
between the townland the village for the construction and grants in the completion
of the intermunicipal agreement . If they can be completed and sent to Albany the grant
process can move on . If the agreement can be certified with the other agreements the
present grant funding will be able to start this year .
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There was some discussion . Atty Perkins wanted to know what the capacity was of the
village plant when it was constructed and what it is now as to how much they have used ?
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Mr Vrooman said he didn ' t have the figures with him but would send Atty Perkins and the
board members that information .
Mr Vrooman read a letter recommending that the Town proceed with construction as soon
as possible to provide urgently needed sewer service in the Cortland Rd Sewer Dist .
Also to conclude a sewer service agreement with the Village of Dryden which is the
last step required before construction plans and sewer construction can proceed . •
There was some discussion and the town board asked Atty Perkins if he would reword
the proposed agreement and send a copy to the Village Mayor .
ATTORNEY
Atty Perkins reported on George Rd . The conditions that the town requested from GJR
were approved . The deed will be recorded tomorrow along with the map . We cannot
put in effect the qualified aban onment on George Rd until the old George Rd has not
been used for a continuous/For1a a least 2 years . We can start the procedure at the
town meeting in October .
Also reported that Mr Lucente has completed most of his requirements with regard to
Cardinal Drive . The sub- division plat is acceptable to the town attorney and to the
Planning Board . It will now be signed and filed . Subject to the signing and filing
it constitues by law an offer to dedicate Cardinal Drive which is now ready . The
Town Board should now schedule a public hearing to dedicate Cardinal Drive .
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Atty Perkins :- also reported that Mr Hoyt Benjamin has received a letter from him
after the July board meeting and has since commenced to start construction .
Also reported on the Ithaca Area Wastewater Treatment Project . Atty Perkins wanted
Clm Metzger to convey to Noel Desch the Town of Ithaca Supv in his opinion they should
change bonding attorneys since the town was promised in July the proceedings to adopt
at our July meeting dated didn ' t arrive and subsequent phone calls assured Atty Perkins
that they would be here in time for our August meeting . Atty Perkins said he called
them again in late July reminding them and was told no problem . He wrote them a letter
which went by express mail , called them on August 9th and was told they would call on
Aug 10th to tell him how the documents would be arriving today . No documents arrived so
it is now out of his hands , and this is his report( as to the status . It is now up to the
Town of Ithaca and City of Ithaca to use these attorneys to get the papers to us .
IIIAlso reported in regard to the Brooktondale Fire Dist . If the existing fire contract
does not provide for emergency rescue service as part of their contract obligations to
the town and they furnish that service in response to a call then it is possible that
II any of their firemen responding who are injured might not be covered under the volunteer
firemans benefit law because of a provision of the statue that says coverage ; necessary
travel etc either has responded or would be required or authorized to respond to . So if
they are requesting an amendment to the contract for the remainder of 1982 you have
the power to amend the contract after a public hearing or you can just say do not respond
to rescue calls until the end of the contract year and the new contract will provide that .
Supv Cotterill - it is his understanding that the companies are corporations in their
own rights . The are not our companies , they are a private corporation . He thought all
of the vehicles are considered part of the fire companies equipment . An ambulance is
no different that a fire truck except that it is doing something different . There was
some discussion and was decided to- provide the rescue service in next years contract .
ZONING OFFICER
16 building permits for the month of July - 5 one- family dwellings ; 4 mobile homes (I was
a replacement ) ; 2 additions to homes ; 2 garages ; and 3 storage buildings . ZBOA held
4 hearings 1 - for Brotherton on Bone Plain Rd who wanted 3 mobile homes on his lot
which was granted 2- DeYoreo wanted an antique shop in their house in an RB zone and
this was granted 3- Lathrop - house was started to close to the road and this was denied ;
4- Cornelius wanted a variance to leave his machinery outside and sell topsoil , the
decision was tabled .
CORRESPONDENCE
Received equalization rate - 110 . 52 July 1982 ; 1981 was 110 . 4 and 1980 was 111 . 8
SPCA Report
Copy of a letter ffom Mayor Lane wrote to TC 3 and the Tompkins County Health Dept .
Supv Cotterill and Town Clerk Lloyd will work on getting a dog enumerator .
JUSTICE REPORTS- Judge Sweetland $ 2146 . 00 Judge Newhart - $ 1234 . 00
RESOLUTION #107 AUDITY 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 # 108 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 Evans Roll call vote - all voting YES
FINANCIAL REPORTS REVENUES EXPENSES
General Fund A $ 5520 . 87 $14770 . 05
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General Fund B 756 . 39 867 . 11
Fire Protection 558 . 04 0
Federal Revenue Sharing 18778 . 12 30000 . 00
Highway 127404 . 71 132366 . 12
III RESOLUTION # 109 GRANT SPECIAL PERMIT TO LARRY CASKEY
Clm Metzger offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board grant a special permit to Larry Caskey of 1990 Dryden Rd
to build a building for additional repair facility space for his garage contingent upon
Health Dept approval and with the same restrictions as the previous special permit .
2nd Clm Jordan Roll call vote all voting YES
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RESOLUTION #110 GRANT SPECIAL PERMIT TO CONSOLIDATED
GAS SUPPLY CORP . 249 Ellis Hollow Crk Rd .
Clm Evans offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board grant a special permit to Consolidated Gas Supply Corp
to build a compressor building at 249 Ellis Hollow Creek Road .
2nd Clm Metzger Roll call vote - all voting YES
Decision of public hearing # 1 Elizabeth Delahanty was tabled until the Town Board
received the following information 1 - the engineer provide a report from ' the ' soil
conservation dept to analyze the plot plan and drainage and their recommendations
as to what would be to minimize water problems 2 - a plot plan showing the existing
and proposed 1 foot contour elevations ; 3- water supply and septic systems ploted and
designed ; 4- a written letter from the Health Dept stating that the engineer has done
a thoroughjob and they will or will not approve the plot plan
NEW BUSINESS
Schedule public hearing on Aug 31st at 7 : 30PM regarding special permit for Elizabeth
Delahanty .
Ithaca Area Wastewater Treatment Project - order
Proposed road - Cardinal Drive
Adjourned ; 10 : 00PM
e.0 409
Susanne Lloyd
Town Clerk
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PUBLIC HEARING
SPECIAL MEETING
AUGUST 31 , 1982
Minutes of .public heating 7 : 30PM
Supv Cotterill read the notice that was published in the newspaper to consider the
offer of Rocco Lucente to dedicate to the Town of Dryden a public road ' in the Cardinal
Drive Subdivision to be know as Cardinal Drive .
QUESTIONS AND/OR COMMENTS
Atty Perkins reported that Mr Lucente ,has met all of the obligations that were required .
The maps have been filed with the clerk as promised . Mr Lucente had delivered to the
town the appropriate documents of title . All that remains to be done is to have the
• town board pass a resolution accepting his offer to dedicate this as a town road and
• have it know as Cardinal Drive
Closed public hearing 7 : 35PM
SPECIAL TOWN BOARD MEETING
AUGUST 31 , 1982 -
Minutes of special town board meeting 7 : 35PM , •
Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Jordan , Clm Evans , Clm Webb
Atty Perkins and Z . O . Stewart
Absent : Clm Metzger
RESOLUTION No . 112 - 1982
ACCEPT OFFER OF DEDICATION OF CARDINAL DRIVE
Clm Evans offered the following resolution and asked for its adoption :
WHEREAS , the Town of Dryden Planning Board has approved
the subdivision plat for " Cardinal Drive " , and
WHEREAS , the road to be designated as " Cardinal Drive " on
said map has been constructed according to Town specifications
and has been approved by the Town Highway Superintendent , and 1
WHEREAS , the sufficiency of the title and the instruments
conveying the same to the Town have been examined by the Town
Attorney and found to be in order , and
WHEREAS , the filing of the subdivision plat in the Tompkins
County Clerk ' s Office constitutes an offer to dedicate such
property shown as " Cardinal Drive " to the Town of Dryden: ,
NOW , THEREFORE , BE IT RESOLVED , by this Town Board that
the road shown on said subdivision plat , dated July 30 , 1981
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and filed in the Tompkins County Clerk ' s Office , and more
particularly described in a deed to the Town of Dryden dated
July 20 , 1982 , be , and hereby is , accepted as a Town Road , and
the same is to be added to the official Town map and the Town
Highway Superintendent is authorized to place the appropriate
road signs thereon and take any and all steps necessary to
maintain said Cardinal Drive as a Town Road from this day forward .
2nd Clm Webb Roll call vote all voting YES
Atty Perkins reported that the town board needs to adopt an order calling for a public
" • hearing for Sept 14th for the Town of Dryden participation in the Ithaca Area Wastewater
Treatment Project . The total bonding cost is $ 36 , 461 , 094 . 00 . The maximum amount to be
expended by the Town of Dryden for its share is $ 385 , 084 . 00
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ORDER - INCREASE AND IMPROVEMENT OF FACILITIES
OF SEWER DISTRICTS #1 and # 2 IN THE TOWN
OF DRYDEN , TOMPKINS COUNTY , NEW YORK
Motion was made by ' Clm Jordan and seconded by. Clm Webb that the following order be
adopted :
RW� -- -- - -- --- - - - -- - --
_ - - _ _ - In the Matter _ _—`----
of
The Increase and Improvement
cf Facilities of
Sever Districts No . 1 and No . 2
in thC. Town cf D : jden , •
Tompkins County , New York •
WHEREAS , a plan , report and estimate of cost has bee ^ r' uy
prepared in such manner and in such detail as heretofore bee :_
determined by the Town Board of the Town of Dryden , Tompyin s
County , New York , relating to the increase and improvement of
facilities of Sewer Districts Ne . 7 and No . 2 in said Town ,
_ consisting cf an interest in the Ithaca Area Waste Water
Treatment Plant Project , such project to be constructed and
owned jointly vith the City of Ithaca and the Town of Ithaca ,
pursuant to an intermunicipal agreement entered into pursuant to
the provisions of Article 5 - C of the General Municipal Law ; and
WHEREAS , the improvement proposed for said Ithaca Area Waste
Water Treatment Plant Project consists of a new 10 , 000 , 000
gallon per day activated . sludge treatment plant to achieve
secondary treatment and phosphorous removal , primary and
secondary settling tanks , aeration basins , phosphorus stripper
tanks , septic storage tanks , gravity thickeners , primary and
secondary digestors , sludge dewatering equipment , a new
administration building and chlorine building , approximately
5 , 300 feet of 48 and 36 - inch outfall sewer and 20 6 - inch ports ,
and improvements incidental thereto , and original furnishings ,
equipment , machinery and apparatus required in connection
therewith , together ,--, with certain additional incidental e •xoenses
occasioned by reason of the aforesaid intermunicipal. agreement ,
including payment to the City of Ithaca for certain STEP II
design ccsts , payment to the City of ' Ithaca for the accuisi for
of certain rights in land currently owned by said City and
payment of certain ineligible costs , as more fully described in
the aforesaid plan , report and map ; and
WHEREAS , the maximum amount propsed to be expended by the 4 3
City of Ithaca , the Town of Ithaca and the Town of Dryden for lv
the aforesaid Project is $ 36 , 461 , 094 , and the maximum amount
proposed to be expended by said Town of Dryden for its share of
said Ithaca Area Waste Water Treatment Plant Project is $ 385 , 064 ;
WHEREAS , it is now desired to call a public hearing on the
question of the increase and improvement of the facilities f
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Sewer Districts No . 1 and No . 2 of the Town of Dryden in the
matter described above , and to hear all persons interested in
411 the subject thereof , concerning the same , in accordance with the
previsions of Section 202 - b of the Town Law ; NOW , THEREFORE , IT
IS HEREBY
ORDERED , by the Town Board of the Town of Dryden , Tompkins
County , New York , as follows :
Section 1 . A public hearing will be ;: n _ d
at 65 East Main Street in Dryden _ , New Io'rk ,
said Town , on the 14th day of September 1982 , at 7 : 30
o ' clock P _ . '! . , Eastern Daylight Savings Time , on the ouestion oz
the increase and improvement of the facilities of Sewer
Districts Nc . 1 and No . 2 of the Town of Dryden , Tompkins
County , New York , in the manner described in the preambles
hereof , and to hear all persons interested in the subject
thereof , concerning the same , and to take such action thereon as
is required cr authorized by law .
Section _ 2 . The Town Clerk is hereby authorized and directed
to cause a copy of a Notice of Public Hearing to be published
once in The Ithaca Journal , the newspaper hereby designated
as the official newspaper for this purpose , and also to cause a
copy thereof to be posted on the sign board of the Town , such
publication and posting to be made not less than ten , nor none
• than twenty , days before the date designated for the hearing .
Section 3 . This Order shall take effect immediately . The
question cf the adoption of the foregoing Order was duly put to
a vote on roll call , which resulted as follows :
Clinton E . Cotterill VOTING Aye
Charles Evans VOTING Aye
Frank Jordan VOTING Aye _ _
Merton Webb _ VOTING Aye
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VOTING
The Crder was there ' : pon declared duly adopted .
duly
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Supv Cotterill scheduled a public hearing on Sept 14th at 7 : 30PM with regard to the
Ithaca Wastewater Treatment project .
There was some discussion regarding the special permit for Elizabeth Delahanty to . build
an 8 unit apartment on Ferguson Rd .
Atty Perkins- said that the board asked the engineer to provide the board members with
1 - a plot plan showing the contours after construction 2- a letter from the Health Dept
regarding the approved location as to what kind of septic system was going to be designed
for -the property 34 some indication on the plot plan showing the location of the well
and the septic system in relation to the construction 4 - soil conservation service plan
after their recommendation .
Supv Cotterill - after we receive the •.soil conservation report as to whay the drainage
status is we expect our highway superintendent to look at it and see what the effects
are going to be on the town road . We cannot make a decision until all this information
' is available to us .
Mr David Dik wanted it entered into the record that he has circulated a petition
opposing the special permit . He has been in contact with the Health Dept and they
said they were writting a letter stating that they would approve a septic system at
a cost of $ 2 , 000 to $ 5 , 000 .
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P E T I T I O N
TOWN OF DRYDEN j August 1982
IN OPPOSITION TO A " SPECIAL PERMIT " FOR A
MULTIPLE DWELLING ON FERGUSON ROAD
•
In addition to the standard "quality of life " arguments ( traffic , size of
building , character of neighborhood ) in opposition to the " special permit " to
allow the proposed multiple ' dwelling , the undersigned petitioners as voters ,
taxpayers , residents and / or owners of single homes in the Yellow Barn Road
•
area have specific concerns regarding adequate guarantees relative to the
three issues specified below :
1 . Adequacy of Septic / Leach System .
Several private dwellings on this hillside have experienced
costly leaching problems after acceptable percolation testing . The
surface springs and clay deposits which randomly intersperse the area
make test sampling of leaching characteristics questionable at best and a
potential health hazard at worst . Eight dwelling units housing up to
four individuals per unit located on one oversized lot may well overtax
the abilityl of the land to absorb the effluent . It could well lead to
pressure from various local municipalities for connection to or develop -
ment of a sewage system .
2 . Drainage arid Runoff .
• Because of poor drainage ( see also item 1 ) the developer has indi -
cated - that the units would be built on a slab without excavation for a
cellar . Clearing of this land will exacerbate the runoff problems that • •
have lead to water both flooding over and under - cutting Ferguson Road on
at least two occasions . - - -
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3 . Impact of Domestic Water Supply . .
Prior to the installation of a fourth deep well in 1980 , we as
owners and / or customers of Yellow Barn Water Company , Inc . , were subject
to repeated domestic water supply curtailments . This has included the
need for trucked water under emergency conditions . The new well , due
south of the proposed multiple dwelling , has adequately supplemented this
water supply to approximately seventy- five families . This Water. Corpora -
tion , regulated by the Public Service Commission of the State of New
York , has a statutory obligation to serve any and all additional single
family homes within its legal franchise area . The availability of safe
and adequate domestic water service could well be severely jeopardized by
any new nearby well to serve this proposed multiple dwelling .
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* *THE SPECIAL PERMIT SHOULD BE DENIED . * *
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Tim Buhl arrived with the plot plan that the board had requested and all of the
information . They were asking for an 8 unit apartment instead of the 6 unit apartment
which would be an . allowed use without a special permit , but they are asking the board
for the 8 unit complex . .
1
1 4
6 ;
Clm Jordan felt that all of the requirements were met by the engineer that the board
had requested and felt that there would not be any big impact of run off . He does
not like to deter somebody that owns property who wants to do something as long as
it is within reason , therefore he was in favor . .
Clm Evans felt that Mrs Delahanty was there first and had no involvement whatsoever
in the development around her on Yellow Barn Rd area . If the development was not there
she could build all the apartment houses she wished , therefore he was in favor .
Supv Cotterill - his suggestion was that everything possible be done to improve the
run off and was also in favor .
RESOLUTION # 113 GRANT SPECIAL PERMIT - Elizabeth Delahanty
427 Ferguson Rd .
Clm Evans offered the following resolution and asked for its adoption :
• RESOLVED , that this Town Board grant a special permit to Elizabeth Delahanty , 427
Ferguson Rd to build an 8 unit apartment house on her property with the following
stipulations : that all of the requirements that are in the statements from the Health
Dept and Soil Conservation Depts are met 2- the water from the . roof area be diverted
to the southwest to go down the slop and that all water must be diverted before it
reaches the side of the road .
2nd Clm Jordan Roll call vote - all voting YES
Mr Dik - if someone wants to appeal the boards decision how many days do they have?
Atty Perkins - 30 days .
Atty Perkins - also reported that the town board should set a public hearing for
Sept 14th with regard to the offer of William Kiker to dedicate to the Town of Dryden
a small portion of property to realign and adjust a turn -around for Redwood Lane , a
Town road in the town and the proposal to abandon by the town a portion of the turn -
around no longer needed for public and highway purposes .
Supv Cotterill scheduled a public hearing on Sept 14th at 7 : 45 PM
Adjourned : 8 : 25 PM
Susanne Lloyd
( er
Town Clerk
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