Loading...
HomeMy WebLinkAbout1983-12-13 j l o PUBLIC HEARING # 1 SPECIAL PERMIT - Amos Brown 514 W Dryden Rd December 13 , 1983 Mechanic & Body Garage Minutes of public hearing # 1 7 : 30PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Amos Brown , 514 W Dryden Rd for a special permit to have a mechanic and body garage at 514 W Dryden Rd . QUESTIONS AND / OR COMMENTS Statements were received from Jack Hunter , Kim Lewis and David Akin who had agreed to have the garage at 514 W Dryden Rd . f Supv Cotterill wanted to know if there was going to be any water or sewage facilities there ? Amos Brown - no there wouldn ' t be any . Supv Cotterill wanted to know if he was going to hire anyone else ? Amos Brown - it would be just himself . Supv Cotterill - how many vehicles would he have there at one time ? Amos Brown - hopefully not to many . Supv Cotterill - the reason for the question is that he does not recommend keeping 20 cars sitting around . •• You could end up with what some people would call a junk yard and an eyesore and have cars that have been smashed sitting there for a long period of time . Amos Brown - he has a junk yard in Watkins Glen Closed public hearing # 1 7 : 40PM • PUBLIC HEARING SPECIAL PERMIT - Darrell Rademacher December 13 , 1983 Storage Building Minutes of public hearing # 2 7 : 40PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Darrell Rademacher of 60 Spring Run Rd for a special permit to have four storage buildings at the corner of Rt 13 and Yellow Barn Rd . QUESTIONS AND / OR COMMENTS Mr Rademacher - it will be 4 metal exterior pole type barns . No sewer or water is involved , it is strictly for storage . Henry Host- Steen , Ferguson Rd - was wondering again what is the special permit procedure in this particular application as opposed to the special permit application the last time Mr Rademacher was here to put in an industrial type of building ? Supv Cotterill - in the commercial areas any type of commercial business the zoning makes certain types of things allowed uses by a special permit . Anything that is a disallowed use , this board would not hear . A disallowed use would be heard by the Zoning Board of Appeals , which would mean that they would have to have a variance . This means that it would be restricted - from a given area or it didn ' t meet certain requirements in that area . In this case the zoning ordinance says that everything is allowed . A. . special permit has to be issued where it becomes a commercial business . Mr Costantini - is again concerned about traffic . This would depend on the nature of what is going to be stored there and how often trucks are going to come to this site . Also , is this going to be part of XCP business or is it a seperate endeavor ? r1 Mr Rademacher - this application is for Darrell Rademacher and has nothing to do with XCP . It is not for storage for XCP in any way shape or form . This is for X21 , ; commercial storage in a commercial area . ' ( ? ? ? ? wanted to know if this permit was granted for the storage buildings could it later be used for storage for XCP or a manufacturing building ? Supv Cotterill - it is stated on the application for 4 storage buildings and if the permit is granted it would only be for storage and cannot be used for anything else . Mr Rademacher submitted a letter from the adjoining propertytowners not objecting to the storage buildings . Letter from Frank Liguori , County Planning Dept stating that there is no significant deleterious impact on intercommunity , county or state interests and the town is free to act without prejudice / 7/ Supv Cotterill read the following letter . • December 2 , 1983 Darrell G . Rademacher President , XCP Inc . 8 Nest Main Street Dryden , New York 13053 re : Rademacher Property at Yellow Barn & Route 13 Dear Darrell : Thank you for your letter of November 11 regarding the property you purchased from Yellow Barn Development Corporation at the corner of Yellow Barn Road and Route 13 . I am puzzled by your request for our approval of your pro - ject since the only interest we have with respect to the use of t hat lot is ' as an adjoining neighbor . I understand that the Town sometime contacts adjoining neighbors when a special permit or variance is requested so that adjoining neighbors can have some input . You may recall that at the time we conveyed that property to you , we told you that that parcel was not a part of Stage I , Stage II or Stage III of the subdivision and that it was not subject to any or all of the restrictive covenants which would affect any of t he stages of the subdivision . To the extent that you are seeking our approval as an owner of adjoining property , we have no objection to your use of _the property for commercial storage buildings . You may convey that t o the appropriate To_wn._a_f_ icials . Very truly yours , YELLOW BARN DEVELOPME ► CCORPORATION . - by Wendell Earle , Secretary - Treasurer WE / a George Schelcht - hoped that the board wouldn ' t jump to a decision since this application is followed so closely by the other application of Mr Rademacher . Previously we were treated to a nice sight plan with landscaping , and now he sees a very rough sketch not drawn to scale and is very difficult to tell what is going to be done . He felt that 2 years down the road it could be turned into a manufacturing facility . Also we have talked about the esthetic consideration to the area . Mr Rademacher - we bought the -commercial 'property in 1978 and have been paying the taxes on it since then . It does not border any residential property . ? ? ? didn ' ,t see where this would create. any jobs , this proposal sounds worse than the light manufacturing . Is there any way we can get this rezoned ? Supv Cotterill - the board has met with the Planning Board and have requested them • to look at the commercial zoned property and let the Board know if they want td change any of them . At this point there has been no suggestion to change any , but maybe in the future . Clm Evans - reported that the Planning Board would welcome any of the residents t o attend their meetings and give them some input because they will be looking at the issues of _ zoning very extensively . • s - . I 1 Mr Domineck , Ferguson Rd - according to the sketh it looks very much like a compound and was wondering if Mr Rademacher had any plans for making it more acceptable to a residential neighborhood . Also , is the volume of traffic such that it would involve the State in making some decision on Rt 13 ? Supv Cotterill - the entrance is on Yellow Barn Rd so the State would not be involved . Donald Seewald , Yellow Barn Rd - felt that these buildings were not in good taste . There was much discussion . Mr Domineck - felt that with the last proposal from Mr Rademacher for XCP he ' . • made it clear that he was interested in accommodating the esthetic interests and wanted to build something that was an asset to the community . He felt that it was the consensus of all of them that something is going to go in there . It seems that the major concern is the esthetic concern . He would like to see a plan in little more detail in which it is clarified what the buildings would look like to enchance the consistency with the style of the adjacent community so that the residential flavor of the area is not lost . He didn ' t think anyone here tonight is against Mr Rademacher to do something with the property , but to put something there that is appropriate with the neighborhood . Closed public hearing # 2 8 : 35PM • TOWN BOARD MEETING DECEMBER 13 , 1983 Minutes of the Town Board meeting held on Dec 13th. Supv Cotterill called the meeting to order at 8 : 35PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Webb Clm Metzger and Z . O . Stewart Absent : Clm Jordan and Atty Perkins arrived at 9 : 30PM Approval of the minutes : Motion was made by Clm Evans and seconded by Clm Metzger that the minutes of the Now7th board meeting be approved as submitted . Supv Cotterill appointed Clm Metzger to audit the highway bills COUNTY BRIEFING Co Rep Tillapaugh reported that the County has sold the old hospital . Also he checked the new German Cross Rd Bridge and he is pleased with the work that Hwy Supt Humphrey has done , over there and they should be very proud . Also the County has made a resolution to opt out of enforcing the uniform fire code and was to notify the state by the first of January . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans - reported that the Planning Board discussed a variety of issues . Residential considerations , possibly for a more restrictive residential zone . than we currently have and also areas that could be zoned commercial in other areas of the town than we currently have . We have possibilities on Rt 13 and Rt 38 . They are going to be meeting on this Thrusday and the public is invited to give some input . Clm Webb - reported that both himself and Clm Evans have met with the cable company but nothing has really ben decided yet . TOWN CLERK Reported that the town directory is almost ready to go to the printers . ZONING OFFICER 8 building permits were issued for the month of November . 4 one- family dwellings ; 1 addition ; 1 mobile home ( replacement )` `2—storage buildings . ZBOA had no ::hearings for the month of November . Reported that the property on Baker Hill Rd (Wilfred Wright ) is being cleaned up . The garage and mobile home have both been removed and the old cars have been removed . The windows have been boarded up and eventually the building will be torn down . — . / 93 CORF.ESPONDENCE Letter from NYSDOT regarding request for lower speed limit on Lower Creek Rd . Bd of Reps state enforcement of Uniform Bldg Code . 4 months • report from SPCA Ambulance report Letter from Commissioner of Social Services requesting names from the Town for Social Services Advisory Council . Letter from Bd of Reps regarding expiration term of George Scullen as the Town of Dryden representative to the Environmental Management Council FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 6561 . 21 $ 11777 . 03 General Fund B 343 . 03 10979 . 68 Fire Protection District 408 . 64 - 0 - Federal Revenue Sharing 156 . 13 16472 . 37 Highway 11895 . 21 . . 58158 . 20 JUSTICE REPORTS Judge Newhart - $ 1483 . 00 Judge Sweetland - $ 2532 . 00 RESOLUTION # 164 APPROVAL OF ROUTE 13 CORRIDOR Clm Webb offered the following resolution; ' and asked for its adoption : RESOLVED , that the Dryden Town Board strongly supports the Route 13 corridor running north of the current route and between the Village of Dryden and Dryden High School and would connect with the current route north of Tompkins Cortland Community College ( TC 3 ) providing that it would follow the railroad tracks from Johnson Road to Springhouse Road and an overpass where it crosses Route 38 near the Dryden High School . 2nd Clm Evans Roll call vote - Supervisor Cotterill YES Councilman Evans YES Councilman Webb YES Councilman Metzger YES Councilman Jordan Absent RESOLUTION # 165 APPOINT PLANNING BOARD MEMBER ' • Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Edward Dollaway to the Planning Board whose term expires Dec 31st 1990 . 2nd Clm Metzger Carried RESOLUTION # 166 SHOW APPRECIATION FOR GERMAN CROSS ROAD BRIDGE Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Dryden Town Board would like to go on record and show their appreciation to William Mobbs , Public Works Commissioner , and to the County Board of Representatives for all of the time and effort involved on the German Cross Road Bridge . 2nd Clm Evans Carried=_ RESOLUTION # 167 APPROVAL OF GENERAL FUND BILLS _ Clm Evans 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 # 168 AUDIT HIGHWAY FUND BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Metzger Roll call vote all voting YES RESOLUTION #169 TRANSFER FUNDS FROM GARAGE A5132 . 43 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 8 . 05 from garage A5132 . 43 to garage A5132 . 41 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 170 TRANSFER FUNDS FROM CONTINGENCY A1990 . 4 TO SIGNS A3310 . 2 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 370 . 85 from Contingency A1990 . 4 to Signs A3310 . 2 2nd Clm Metzger Roll call vote - all voting YES if RESOLUTION # 171 TRANSFER FUNDS FROM TOWN CLERK PERSONAL A1410 . 10 TO TOWN CLERK DEPUTY A1410 . 11 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 43 . 00 from Town Clerk personal A1410 . 10 to Town Clerk Deputy A1410 . 11 2nd Clm Metzger . • Roll call vote - all voting YES RESOLUTION # 172 TRANSFER FUNDS FROM CONTINGENCY A1990 . 4 to ATTORNEY CONTINGENCY A1420 . 40 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 246 . 00 from Contingency A1990 . 4 to Attorney Contingency A1420 . 40 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 173 APPRECIATION TO TOWN BOARD MEMBER FRANK JORDAN Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the Town Board would like the record to show their appreciation to Frank Jordan during his four years of service on the Town Board . 2nd Clm Metzger Carried RESOLUTION # 174 GRANT SPECIAL PERMIT TO AMOS BROWN Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Amos Brown of 514 West Dryden Rd to have a mechanic and body garage with the following stipulations : 1- hours are from 8 : 00AM to 8 : 00PM ; 2- 6 day work week Monday thru Saturday ; 3- limit the cars that are outside and in sight to 5 cars ; and 4- that this special permit is not transferable by sale or lease . 2nd Clm Evans Roll call vote - all voting YES Atty Perkins felt that the board should look very carefully at the requirements . in Section 1303 . . 1 in reaching a determinatior,to grant a special permit to Darrell Rademacher after the public hearing has been held for a storage building on the corner of Yellow Barn Road and Route 13 . The questions that the board must consider in - making their determination are whether . Section 1303 , 1 specific requirements have been met with the, sufficiency of_ , the application . Section 1303 . Specific Requirements . 1 . - 'written application shall be made via the Zoning Enforcement Officer to the Town Board and shall include the following : (a ) Name of applicant and . owner of the premises . (b ) Legally recorded description of premises . (There is attached to the application a copy of a map which was recorded along- with the deed in the County Clerk ' s Office ) (c ) Description of proposed- use , including parking facilities, - if required , ( d ) A legible sketch drawn to an approximate scale showing size of building or structure and location on premises . - (e ) Sewage disposal and water supply facilities existent or proposed , together with Tompkins County Health Dept certification . (not required ) (f ) Use of premises on adjacent properties (g ) Statement by applicant appraising the effect of proposed use on adjacent properties and development , of the neighborhood . The applicant shall , at the time of the application for a - special permit pay to the Zoning Enforcement . Officer a fee of $ 25 . 00 . Z . O . Stewart reported he has received the $ 25 . 00 Section 1303 . 2 In reaching a determination , the Town Board shall consider the following : ( a ) Whether Section 1303 . 1 requirements have been met (b ) - Whether the location , use , and the nature and intensity of operation will . .be in conflict with the allowed uses of the zone or . neighborhood . The allowed use's in an RC Zone Section 801 Allowed uses . 1 . Farming , farm buildings , gardening , nurseries and greenhouses and the keeping or raising of livestock and poultry . 2 . One- family , two- family and multi- family dwellings , and tourist homes . 3 . Educational buildings , community buildings , churches cemeteries and similar semi-public structures and uses . 4 . Village , town , county , state and Federal buildings 5 . CParks , playgrounds , golf courses and recreation areas 6 . Such buildings as hospitals , clinics , nursing or convalescent homes , sanataria and funeral -homes . 7 . Clubs 8 . Professional offices or studios 9 . Home occupation 10 . Private garage 11 . Accessory farm buildings 12 . Roadside stands for the sale and display of farm products provided that any such stand shall be at least 50 feet from the center of the road centerline . • jy's • 13 . Mobile homes on individual lots . • Section 1303 . 2 ( c ) Whether the use will 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 . Letter from Yellow Barn Development Corp . • December 2 , 1983 Darrell G . Rademacher President , XCP Inc . 8 West Main Street Dryden , New York 13053 re : Rademacher Property at Yellow Barn & Route 13 Dear Darrell : Thank you for . your letter of November 11 regarding the property you purchased from Yellow Barn Development Corporation at the corner of Yellow Barn Road and Route 13 . I am puzzled by your request for our approval of your pro - ject since the only interest we have with respect to the use of that lot is as an adjoining neighbor . I understand that the -wn sometime contacts adjoining neighbors when a special permit ',o , . 'variance is requested so that adjoining neighbors can have Strike input . You may recall that at the time we conveyed that property to yok3\ bre told you that that parcel was not a part of Stage I , Stage II * Stage III of the subdivision and that it was not subject to- art Or ail < of the restrictive covenants which would affect any of the Stages of the subdivision . To the extent that you are seeking our approval as an owner \ f adjoining property , we have no objection to your use of _ the 1Yeapprty for commercial storage buildings . You may convey that It the appropriate Tac of-f eials . Very truly yours , YELLOW BARN DEVELOPNEQ1-P'",CURPORAT ION by . . Wendell Ear , Secretary - Treasurer WE / a. • ( d ) Whether the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood - - ( e ) Whether a non- residential use adjacent to an existing residential use shall be screened by a . landscaped buffer strip or suitable fencing . ( f ) Whether health , safety and general welfare of the community may be adversely affected . _,. _ __ _ Tho.s.e_•are__the__guidelines_ _that. The board shall consider in reaching their determination after they are considered than you can make a decision and you may condition the special permit . Atty Perkins wanted to know if this was a service to the people in the community and not of commercial use , warehouse or loading dock type of facility ? Mr Rademacher - this is for individual use . There was some discussion over each requirements and the board decided upon the following conditions . A74/7 RESOLUTION 4175 GRANT SPECIAL PERMIT - DARRELL RADEMACHER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Darrell Rademacher of 60 Spring Run Rd to have four storage buildings at the corner of Rt 13 and Yellow Barn Rd with the following special provisions : 1 - all exterior lighting to shine into the property ( lights may be . placed on building or fence ) ; 2- crushed stone to be placed around all buildings ; 3- no ' outside storage of any property except the personal , non- commercial., property of the owner which is too ' large . to be stored inside limited to a total of 4 items ( i . e . a boat or motorhome too large for inside storage ) ; 4- no unattended motor vehicles shall be allowed ( except as permitted in (3 ) above ) ; 5- this permit is for a retail storage facility intended for community and not commercial use . 6- this special permit is a non- transferable permit and is limited to the above-named individual only ; 7 - this permit is issued upon the condition that the premises be built and placed on the lot . as set forth in the application to the Town` Board . 2nd Clm Webb . - Carried NEW BUSINESS End of the year meeting - December 29th at 5 : 00PM Organizational meeting - January 4th at 7 : 30PM Adjourned : 10 : 30PM u .4611244taLL Susanne Lloyd Town Clerk SPECIAL MEETING DECEMBER 29 , 1984 Minutes of the special meeting held Dec 29th at 5 : 00PM Present : . Deputy Supv Metzger , Clm Evans and Clm Webb Absent : Supv Cotterill , Clm Jordan . . _ : RESOLUTION # 176 TRANSFER FUNDS FROM CONTINGENCY 1990 . 4 to SIGNS 3310 . 20 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to transfer $ 352 . 20 from Contingency 1990 . 4 to Signs 3310 . 20 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 177 TRANSFER FUNDS FROM CONTINGENCY 1990 . 4 to 1989 . 4 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to transfer $ 76 . 03 from Contingency 1990 . 4 to 1989 . 04 2nd Clm Evans Roll call vote - all voting - YES RESOLUTION # 178 AUDIT HIGHWAY FUND BILLS • Cim Metzger offered the following resolution and asked for its adoption . RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION #179 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills obe Paid l astauditeall voting YES : 2nd Cim Metzger g. . . _ RESOLUTION # 180 APPOINT PETER LITTMAN TO COUNTY YOUTH BUREAU - Town of Dryden Representative Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Peter Littman to the County Youth Bureau as the Town of Dryden representative . • 2nd Clm Metzger Carried Adjourned : . 5 : 10 PM / t.4 . Susanne Lloyd Town Clerk