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HomeMy WebLinkAbout1985-03-05 ; PUBLIC HEARING MARCH 5 ; 1985 PROPOSED AMENDMENTS TO TOWN OF DRYDEN ZONING ORDINANCE Minutes of the public hearing held 'March 5th at 7 : 30PM Present : Supv Cotterill , Clm Webb , Clm Evans , Clm Schlecht , Clm Garlock and Atty Perkins . Supv Cotterill read the notice that was published in the newspaper that pursuant to Section 130 of the Town Law of the State of New York and pursuant to a resolution of the Town Board of the Town of Dryden adopted Feb 12_, . 1985 , to hear all interested parties and citizens for or against the adoption of certain proposed amendments to the Town of Dryden Zoning Ordinance . The amendments would provide Jj briefly as follows : 1 - Amend the .Zoning Ordinance to delete any reference . j to Airport Hazard Zone and insert instead references to Flight Hazard Area and define permitted activities and uses therein . 2- Repeal Article XII of the Zoning Ordinance (M-A Zone ) and adopt a new M-A Zone including provisions for allowed uses upon .compliance with a .Site. Plan Review . 3- Adopt a new Article XXIII providing for the creation and procedures of the Site Plan Review Board . QUESTIONS' AND/OR COMMENTS • FLIGHT HAZARD AREA . Deborah Levin - wondered why this is being changed now. She felt that there - were fewer restrictions now than before . Atty Perkins- . - the Zoning Ordinance refers to Airport Hazard Zone . According to the Town Clerk ' s records all of the amendments to . the zoningiit is unable to report where the hazard area is . It Was never defined on the Town of Dryden Zoning map ._ The intent now is to leave jurisdiction over what can happen in a flight hazard area to the State and Federal governments who have enacted statue rules and regulations pertaining to . what acti'vity ' ban. happen in those areas . _The Federal and State _ restrictions have to do with types of activity , heights of buildings and so forth . Jurisdiction Is retained over private .airports because that jurisdiction is not exercised by Federal and State governments . Mrs . Stuart Brown - read letter written to her dated Dec 1968 from the chairman of the Planning. Board stating that the intent of this regulation and designated • area. is obvious , not only a zoning ordinance but all governmental agencies or bodies including the Dryden Town Board , and Town of Dryden Planning Board must � I ,' assume some measure of responsibility written or unwritten for the protection and safety of the public within their areas of jurisdiction . The residents felt that there were certain things that were not to . be allowed in that area which is on the map . for the protection of the people . If you do away with these requirements as it is now- zoned you - Will have people coming in putting up multiple rental housing . Mrs Brown wanted to know why the restrictions "are being done away with . The residents are looking for some type of protection against certain kinds of development that have happened in a. RC Zone . Atty Perkins -- wondered if they had any objection to "the removal of the airport hazard zone and leaving that up to the State and Federal government but , the Town still control the zoning there ? Mrs Brown felt that this area should : be kept residential , and felt that the restrictions they thought they had are no longer there than what is in an RC Zone . Dan Kailburn - wanted to know the party who has instituted this change of zoning , what is he asking this to be changed to if we eliminated or remove the airport hazard area ? Atty Perkins - nobody suggested this change , it all came about when there was no • record to be found regarding a flight hazard area on the zoning map or "defining our airport hazard zone under our current law . � t,l Dan Kailburn - they are of the opinion that someone wants to change the zoning in the area , that is why this has come about . I Atty Perkins - there is a M-A Zone proposed , but that has nothing to do with the airport hazard zone . Under the current M-A Zone the intent and purpose is to _ ' identify and establish specific areas where industrial and manufacturing development meeting minimum performance standards will be encouraged , and to protect the value and efficiency of such areas by excluding from them as far as possible non- compatible land uses . The proposal is to allow some 16 uses in a M-A Zone . The 2 proposed M-A Zones are located in the airport hazard "area near Route 13 and the airport and the other -location is on Rt 38 and west of Rt 13 just outside the Village limits of Dryden . 7 if 'at / IM-A ZONE PROPOSAL . Mrs Brown - wanted to know what is to be done about water and sewer . for such a zone ? : Supv Cotterill - there will have to be a study for that area . Nothing can be built in that area without water and sewer available . ; Dan Kailburn - there is a large piece of property behind his land that is for sale and has been surveyed , that is why everyone is here tonight . They know that:' something like this is intended to change the zoning to a M-A . Zone so that the private individual can develop this property . Atty Perkins - the changes fora M-A Zone have been talked about for over 2 years . It is . not just one area that is . singled out . There are 2 areas that have . been proposed in the town to encourage . specific types of light , industrial , commercial , clean research: .type . development to come into the town to expand the town ' s tax base . Types of businesses that are currently outgrowing their facilities in other areas . The Planning Board has been working on this for over 2 years or more . Mrs Brown - has a copy of the legal notice that was published in the Ithaca Journal and there is nothing in the notice which says where this new M-A Zone is going to be . • If it had been in the notice where the M-A Zone was there would have been at least 30 more people here - tonight . The residents there understand the airport hazard area . If it was know by the residents in this proposed area that any industrial development would be put there before water and sewer were available this room would be filled . She does not feel this is fair to the people in the area , if the . board acts on this without hearing what the other people have to say . • Donna Spinnella - wanted to know the form of procedure that has to be gone through for any conversion to a new zone , before it can take place ? . What the time frame is that you are proposing? Atty Perkins - the public notice also stated that there is a proposal for a . Site Plan Review Board . All of these questions have been under study by the Planning Board . The questions as to where the town would like to encourage development would be where water and sewer are feasible , and this has been . addressed at several Town Board meetings . The question now is how long do . we continue to study before - something is to be put before the public to comment on . The Town has made three specific proposals . 1 - proposed , to conform regulations within the flight hazard area to existirig. Federal and State regulations 2- proposed , to establish a new M A Zone , State law does not require the Town to publish a map of that zone . 3- proposed , the establishmentof a Site P1an . Review Board . - The ` procedure : is , When the ordinance is . in its final • form , . the Town .: Board has to hold ,a public . hearing . _ . After the public hearing , the Town Board may adopt a resolution adopting the amendments to the ordinance and repeal certain parts of the present ordinance . The amendigent is then published in full and would be effective 10 days after publication . t Dan Kailburn - is the Town Board going to give any consideration to the residents that live i'n the area or is the Town Board going on about this thing , hold public hearings , hear what we have to say and continue on with this and some day we read and know that it has happened anyway ? Supv Cotterill - the Town Board has been working with the Planning Board and there are not any final decisions made at this time . Atty Perkins - there is a creation of a new Article XXIII which would establish a Site Plan Review Board and a procedure . to be followed . It is the current intent that this- procedure would only be followed or used at the present time , in a new N-A Zone . _ The . appli' cant would have to comply with certain kinds of information for the Site Plan Review Board and . Zoning Enforcement Officer so that there is a detailed plan for study . The administrative officer can decide whether or not it is- permitted in a M-A Zone . It will still have to comply with all zoning requirements including . the State Uniform Fire Prevention Building Code . Mrs Brown - could not understand if the Planning Board has been working on this fpr. over 2 years, . whyno . one on the Planning Board in someway let the public know about these proposed changes ? . Roger Lampi-1a - the Planning • Board held 6 informal meetings during 1-984 for public input . .During the entire process , an . overlay map was present at all meetings . The public meetings were held at Bethel Grove Community Center , Ellis Hollow Community Center , Varna Community Center , Etna Houtz Hall , Freeville Village Hall , and the Dryden Town Hall :. over a .6 month period of time . This information was published in the Ithaca Journal . These are public meeting notices . and do not have to be put in the legal section . Mrs Brown - the - -residents in the ; proposed new • area - are not objecting to anything that is compatible to their residential area . This - is a nice place for residential expansion . • 4t Dan Kailburn - his concern is that he will have to help pay for water and sewer to be installed just to benefit a commercial development . He will then end up - with industry behing his property that will devalue his land . He is also concerned about the increase in traffic . There was some discussion on allowed uses that were proposed in a M-A Zone . They were not objecting to computer assembly or research and development . or any type of clean industry . . Atty Perkins - under the proposed M-A Zone ' mobile homes on individual lots , mobile home parks , residences , and junk yards would be . prohibited . . It is to . establish and identify specific areas where small and intensive retail business and industrial and manufacturing development will be encouraged , where minimum . performance standards will . be required and to protect the value and efficiency of such areas b excluding from them , as far as . possible non- compatible land uses . i The residents would like . to have the proposed . M-A Zone restricted to north of Route 13 and not on Lower Creek Rd and Hanshaw Rd where there are residential homes already there . Mrs Levin. - felt that there should not be any development allowed until there has been a feasibility study done for water and - sewer . - There was also concern about the - increase in traffic at the intersection of Rt 13 and - Lower - Creek Rd . Dan Kailburn - if someone wanted to build a house in this new M-A Zone and zoning is changed what Rappens ? Atty Perkins - any use not permitted in the proposed M-A Zone would require a special permit . This would be more of a protection for the person building the . house . Supv Cotterill i the Planning Board would like to see certain areas for commercial development so . that they can have some control as to how they are developed . Mrs Brown - couldn ' t that be possible if it stayed RC Zone ? ' Supv Cotterill j the Planning Board felt . that they didn ' t want to see proposals for a commercial building in 15 different . areas of the town , and not be accessible to water and sewer . • Mrs Brown - - has the town actually made 'ah agreement with any sewer ' district to build anything east of the airport - within the - Town . : of Dryden ? - Supv Cotterill . l there is no district currently. proposed , but . the Town of Dryden is . part owner . in the Bolton Point Water System and the Ithaca Area . Waste Water Treatment Plant . ' Mrs Brown - wanted tb know if the County Planning Dept . was aware - of this proposal ? . . Supv Cotterill ,- members of the County Planning Dept have been to the Town Planning Board meetings and have . discussed it ' with them and given them some suggestions and : proposals . There are members on our Planning Board that have been working along with the county planning . . - • Dan Kailburn - wanted to know why this section was considered to be changed to a M- A . Zone ? _ . . . Supv Cotterill because of the - availability to Rt 13 , the airport ' and water and sewer . Donna Spinnella - felt that the consensus of the residents in _ the area that acceptable development would be banks , offices , laboratories and installations for research an development , farming , : gardening , nurseries and greenhouses , manufacturing of , machinery and machine . parts . These are non -polluting , clean . types of endeavors , _ low in traffic volume and very limited needs and use of tractor trailers either for supply or shipment . They are low noise plus a limited time of day usage . Mrs Levin - wanted to know what it would do to the value of her house if she. tried to sell it ? The board felt that it would not have any adverse effect , ,since the allowed uses that are proposed are about the same that are in effect at the present time . There was - considerable discussion . Mrs Brown felt that water and sewer should be installed before development is- allowed to build there . Dan Kailburn - wanted to know- when the Town Board was going. to take action on these proposals]. Supv Cottteriil 7 the board . will start to _ analyize these proposals to make some decisions before another public hearing will be held . Closed public hearing 9 : 45PM SPECIAL MEETING MARCH 5 ; ; 1985 Supv Cotterill called the special meeting to order at 9 : 45PM There was discussion for the increase of payment to Hunt Engineers regarding the Cortland Road Sewer District and the Town Board tabled decision until March 12th Board meeting . Adjourned 10 : 00PM ,- �� , - i Susanne Lloyd • Town Clerk PUBLIC HEARING # 1 MARCH 12 , 1985 ° • SPECIAL PERMIT .: David Hamiltion - Wholesale/Retail Bake & Coffee Shop 2065 Dryden Rd . Minutes of public hearing #1 at 7 : 30PM Supv Cotterill read the notice that was published in the newspaper to consider the application of David Hamilton for a special permit, to have a wholesale/retail bakery and coffee shop at 2065 Dryden Rd ( formerly Gene ' s Yamaha ) . . QUESTION$' AND/OR . COMMENTS No one was- present for the hearing . Tabled • decision , TOWN BOARD • MEETING MARCH 12 , : 1985 • Minutes of Town • BOard Meeting held 12th of March Supv Cotterill called the meeting to order at 7 : 35PM Members and guests participated in the Pledge of Allegiance • Roll call was by the Town Clerk : Supv Cotterill , Clm Evans , Clm Webb , Clm Garlock , Clm Schlecht , Atty Perkins and Z . O . Stewart Approval of the minutes _ Motion was made by Clm Evans and 2nd by Clm Webb that the minutes of 2 public hearings• and board meeting held Feb 12th and public hearing and special meeting held on March 5th be approved as submitted . COUNTY BRIEFING • Co Rep Tillapaugh reported that there will be a meeting with NYSDOT at the Court House on March 20th at 7 : 30PM regarding the correction of safety hazards on Rt 13 . Also reported that Tompkins Community Hospital has expressed an interest • in purchasing the old hospital and some land . The hospital would like to build a medical office building adjoining the present hospital . If the old 'hospital is sold ' it " will be able to go on the tax roll . The County has also expressed an interest in retaining a portion of the old hospital . • . , . , . . . . ! . .. . .. . . . PUBLIC HEARING # 2 March 12 , 1985 Special Permit - Martin Pirsic - build apt house on . Beam Hill Rd . . . Minutes of public hearing # 2 at 7 : 45PM Supv CotterillIread the notice that was published in the newspaper to consider the application of ! Martin Pirsic for a special permit to build a 4 unit apartment building at 108 Beam Hill Rd . QUESTIONS AND/OR COMMENTS Mr Leslie Bond ; 133 Beam Hill Rd - wanted to know if the Town was financially able to maintain the road with the traffic that would be added if this permit was granted? . It is in bad shape right now. Martin Pirsic , I1 Top Forty Rd - has spoken with the Health Dept and there seems to be no problem . The building would be 28 feet by 50 feet . It would consist of 2 one bedroom apts and 2 two bedroom apts . Gary Shelhamer ,1 77 Beam Hill Rd - is concerned that it will lower the value of his house ; there will be considerable increase . of traffic on the road ; was interested in the •type of tennants that - would be there ; there already is one , - apartment complex on - Beam Hill Rd . He felt . that if this apartment house is profitable there will be more apts built and he hadn ' t planned on living in an apartment type community when he purchased his house . He was wondering if Mr Pirsic was considering building more apartment houses ? Since , Mr Pirsic lives on Top Forty Rd he was sure he wouldn ' t want an apartment house built across from where he lives . Floyd Wilcox , 145 Beam Hill Rd - agreed with Mr Shelhamer ' and all of the ones who have purchased their home believing that it was a residential area for one family houses- and he would like to see it remain that way . Once an apartment building complex is established , the type of tennants that you get are unfortunately appears to be instead of 1 or 2 cars you have 15 or 20 in the driveway . There also seems to be a111Fkinds of debris and litter . Both himself and 'wile are totally opposed to the apartment building , but they are not opposed to a - one family dwelling being built . • Lawrence Chase , 65 Beam Hill Rd - there is really only one access. on Beam Hill Rd . ' since one sectign is impassable , He wanted to know- how many acres Mr Pirsic had purchased and if he had planned on putting more than one apartment ' building there ? Mr Pirsic not , at the present time , he wanted to see how the first 4 unit apt went . Mr Chase -• was concerned if his efforts were successful and another 3 or 4 apts were built , that will really increase the traffic on that road . There are a lot of children in the area . He felt that. this changes the whole - atmosphere of the neighborhood . It changes the traffic that would be going in and out tremendously . There already is one apt complex there now . The traffic is the same concern that the Yellow Barril.Rd people complained about when XCP wanted to build there in the area that Mr Pirsic lives . (and he was one that complained about the traffic) : o Doug Parsons , 1l1 Beam Hill Rd - wanted to know the factors that are going to be used to - determine as to - whether or not he gets a special permit, who makes the - decision ? Atty Perkins - multiple dwellings are an allowed use in a RB Zone . ' It is only because he has more than 2 acres that he has to get a special permit . The requirements are set forth in Article XIII and have to be submitted to the Town Board in order to make a decision . o Doug Parsons - wanted to know if anything that they had to say tonight have anything to do with whether or 'not he gets a special permit . - Supv Cotterill - the board listens to all - comments and looks at the requirements that have been submitted and what the allowed uses are before they make a decision . Doug Parsons - wanted to know how far the building would be from the road , where the entrance would be faced and also thellocation of the parking lot ? Mr Prisic - probably 75 feet to 100 feet from the road , with the entrance on Beam Hill Rd . The parking lot depends on what the Health Dept would allow because of where his septic tank would have to be located . Doug Parsons - would like to go on record as being opposed , because of the increase of traffic . Since Beam Hill Rd is impassable , what cars come up the hill have to go down the hill . If they wanted to live in an apartment type atmosppere they would be livinglin the city . They have chosen to live in the country because of the space they have and the type of people there . He would like the community stay the way It is . iHe felt that a 4 unit apt would generate more traffic than 4 individual homed . Nancy Collins , 81 Beam Hill Rd - was concerned about children having to walk down at 7 : 30 in the morning to catch the school bus in the winter time because it cannot make It up the hill . She felt that the road is not in good enough shape for extra traffic . She also wanted to go on record as being opposed to the apt complex . Mr Beaudoin , 107 Beam Hill Rd e it states in the zoning ordinance that in reaching a determination the Town Board shall consider 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 neighborhood ; 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 ; whether the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood ; whether health , safety and general welfare of the community may be adversely affected . He also is opposed to the apartment building . Claire Eversdyke , 40 Beam Hill Rd - was concerned because of the many times of resale of the apartment complex that is already there . There is a drug problem and noisy parties at all times . Since it is already there they have to live with that one and felt that another apt would only increase the problem . He was also opposed . Diane Riley , 44 Catherine Dr - they will be able - to see the apt complex and is also concerned about the safety and traffic that will be involved . Mao the aesthetic value . . If they wanted to look at a building they would have chosen downtown Dryden . . There is alsa . a lot of wild life and this would be ruined. She was also opposed . Robin Wilcox , 125 Beam Hill Rd . c- she understands that some people have to rent that cannot affort their own homes , but they feel that the whole atmosphere of their neighborhood is one family dwellings and they would like . to keep it that way . Mr Chase - they have their life investments there and would hate to see it ruined . There were about 30 people present opposed to the apartment building . They were not opposed to onei family dwellings . Closed public hearing 8 : 10PM TOWN BOARD MEETING CITIZEN PRIVILEGE OF THE FLOOR Mrs• Catherine Brown , 515 Lower Creek Rd - reported that she has spoken with the neighbors that would be effected with the proposed M A Zone . They prepared copies of the tax map showing the area that would be involved / have contacted a lawyer , and held an informational meeting . • There were more than 20 people present and have prepared a petition , which has been circulated . This has been signed by all of the resident owners (100 % ) in the area which is a proposed ,M-A Zone , industrial manufacturing from rural residential . This would make the people • who have signed the petition owners of non- conforming properties if . that amendment is approved . They hope that the Town Board will give them time and the chance to consult with the board members or Planning Board members to reach some reasonable compromise that ' would protect their interests in their residential way of life , while still permitting the necessary industrial, commercial development along Rt 13 . Mr Dan Kailburn - presented the Town Board with the petition that had been signed . He wanted to know' if they could be reassured that they will not proceed and take this matter in the M-A Zone and run it through tonight . Supv Cotterill - they do not plan on taking any action tonight and there will be more public hearings before any decisions are made as far as a M-A Zone is concerned . Robert Bland , Bone Plain Rd - was wondering about the status regarding the Stetson property and what action - is going to be taken ? Supv Cotterill - has checked with Judge Sweetland and he has ordered him to clean up the property within a certain time limit . Something has been done but not to his satisfaction , so he has extended the deadline . There was some discussion . Atty Perkins - there are 3 choices that con be made . 1 - . you can attempt to enforce the zoning - violations by corrective action administratively through the Zoning Enforcement Officer . Having the Zoning Officer give them a notice that they are in violation. and have them clean it up within a certain length of time . 2 - the actual institution of the local criminal court of a criminal proceeding against the person in violation of zoning ordinance (within the context the court has the power to order them to clean it up) 3- would be to bring action in the nature of an ' injunction in Supreme Court against the individual violator of the zoning a cp ordinance and get an order of judgement from the Supreme Court enjoing _them from continued use or violations . If they continue to do that than the Sheriff can order it to be cleaned up and the expense will be added to the property tax . You can proceed with any of the 3 proceedings at anyone time or all at the sametime . Clm Evans - what has to be done to clean it up ? Atty Perkins - if you want to .start a civil action you just pass a resolution authorizing the ; Town Attorney to proceed against a particular violator . Clm Evans - thought that we have already completed the first 2 steps . and should proceed . • RESOLUTION # 62 CIVIL, ACTION REGARDING ZONING VIOLATION. PARCEL #22 - 1 -25 . 1 Stetson • Clam Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board request the Zoning Officer to enforce the Zoning Ordinance and issue violation letters for any violation in the Town . To move expediently as possible on all cases on each of the three levels ' that were described . , . THEREFORE BE IT1RESOLVED , that this Town Board authorize the Town Attorney to start civil proceedings against _ tax. parcel # 22 -1 - 25 . 1 Stetson . 2nd Clm Schlecht Roll call vote - all voting YES The Town Board requested the Zoning Officer to submit a proposed program of inspection , area by area , and set forth a , procedure and policy to follow , that . will apply equal1ly and evenly through out the town . _ The Town Board . suggested "that Gary Wood go with the Zoning Officer when there is a question about buildings ' meeting the State Building Code . ' Alton Reed - wanted to know if the Town had ever given consideration to go in with another Town to maintain a gravel bank? Atty perkins - the reason the town does not ' maintain a gravel bank is because of the Municipal liability factor and the insurance that goes with it . ATTORNEY 1 .. - - Atty Perkins - Etna Community Assoc . wanted to know if the Town . would be interested in cosponsoring the White Water Derby that has been held in Etna every spring? He checked with the Town ' s insurance agent and found out that if the Town takes an active roll there would be a surcharge to the Town for the : one- day event , on the general liability policy of between $5 , 000 , 00 and $lo , 000 . 00 . The Town Board decided not to .participate . in the White Water Derby because of the high insurance cost . Atty Perkins reported on the request from Hunt Engineers' for an additional _$ 4., 000 . 00 for; :time that they have to put Into the project that they hadn ' t planned on . Hunt Engi'neerswould like the contract increased which would be subject to approval by both DEC and EPA . This would be to cover additional inspection expenses for final clean up In the spring of 1985 . The Town of Dryden expense would be no greater than $ 800 . 00 and Ithe other $ 3 , 200 . 00 would be from the State and Federal Government . RESOLUTION. # 63 GRANT INCREASE TO HUNT ENGINEERS I . SUBJECT TO ' DEC AND EPA APPROVAL Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this: Town Board accept the request from Hunt Engineers to increase their contract byt $ 4 , 000.,,00 subject to both 'DEC and EPA approval . This would cover additional inspection expenses for. final clean up in the spring of 1985 . The Town of Dryden ' s expense would be $ 800 . 00 and would be paid after the approval from both DEC and EPA has been granted . ' 2nd Clm Garlock Roll call vote - Supv Cottetill YES Clm Evans YES Clm Webb YES Clm Garlock YES Clm Schlecht ABSTAINED RESOLUTION # 64 APPROVE CONTRACT CHANGE ORDER EPA PROJECT # C- 36 -1292 - 01 FOR ALTECT CONSTRUCTION CO INC . 1 Clm Garlock offered. the following resolution and asked for its adoption : RESOLVED , . that . this . Town Board approve the request for change orders for Altec Construction Co . Inc ctontract ; p1 - to install an 8 CY concrete anti - flotation collar . on the . Mott Road pump station ; . 2- extend the contract completion date from ,March . 23 , 19815 through May 31 , 1985 2nd Clm Evans • Roll call vote - all voting YES i i i • 7 RESOLUTION #65 APPLICATION FOR A FEDERAL AND STATE • •• \ GRANT . • • CIm Schlecht offered the following resolution and asked for its adoption : • Resolution Authorizing the Filing of an Application for a Federal and State Grant for the Planning, t) esign and Construction of Necessary Sewage Treatment Works, Under the Appropriate Laws of New York State and the United States of America. I ' PEREAS , the Town of Dryden M - eg ame o App scant -- • herein called the ' Applicant, " after thorough consideration of the various aspects of the problem and study of available data , has hereby determined that the planning, design and construction of certain works , required for t�ne treatment of sewage , generally described as _ the Cortland Road Sewer (Description of project used in Part I, box F of Application 5700- 32 ) and identified as Project Number C - 36-- 12 92 - 01 - 0 - o 1 _ _a ... , herein caned the 'Project, " is . ee.sirable and in the public interest, and to that end it is necessary that action preliminary to the planning, design and construction of said Project be taken immediately; and WHEREAS , under the Federal Water Pollution Control Act , as amended , the United States of America has authorized the making of grants to aid in financing the cost _ ot . planning, design and construction of 7, ecessa.ry treatment works to prevent the discharge, of untreated or inadequately treated sewage or other waste into _ any waters and for_ the purpose of reports , plans and specifications in connection : herewith ; and 'ndliEREAS , Chapter 659 of the Laws of 1972 of the State of New York ' provide financial aid for the planning design and construction of Water •Quality Improvement Projects ; and WHEREAS , the Applicant has examined and duly considered the Water Pollution Control Act , as A mended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith ; - t4O %•; ; THEREFORE , BE IT RESOLVED BY the Town :; oars of fiche Torn• of Dryd , . n 7Governing Body of Applicant) - _ -- -- 1 : That the filing of application in the form required by the State of New York and the United States and in conformity with the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications. 2 . That the Town Supervisor _ (Title of Applicant's designated authorized representative ) is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide. such additional information as may be required ; 3 . That the Applicant agrees that it will fund its portion of the cost of said Water Quality improvement P :' o_ ect : • 4 . That one ( 1 ) certified copy of this Resolution be prepared and sent to the New York State . Department of Environmental Conservation, Albany, New Yorke together with the Federal and State application; • 5 . That this Resolution take effect immediately. 2nd Clm Garlock • Roll call vote - all voting YES Atty Perkins - had given board members a memo sin- ce . ..we .:need a resolution for a Home Rule Request •regarding .. the :Industrial Development Agency formation . RESOLUTION # 66 CREATION OF THE TOWN OF DRYDEN INDUSTRIAL DEVELOPMENT AGENCY C1m Se121echt offered the following--resolution and asked for its adoption : RESOLVED , that this Town Board requests the enactment of Assembly bill #4032 • entitled "AN ACT to amend the general :municipal law , - in relation to the creation of the Town of Dryden Industrial Development Agency and to repeal section . nine hundred . twenty- six-m of such law • relating thereto " . It is hereby declared that a necessity exists for the enactment of such legislation , and that the facts establishing such necessity are as follows : The local government does not have the power to enact such legislation by local law . 2nd CIm Evans Roll call vote - all ' voting YES •-# ZONING OFFICER 3 building permits for the month of February . 1 one-family . dwelling ; 1 addition ; and 1 replacement for a mobile home . ZBOA held 2 hearings 1 - 1610 Dryden Rd (Eastman property) to sell books , antiques and collectables . 2- John Dedrick for a greenhouse on the corner of Rt 13 and North Rd . because he couldn ' t meet the setbacks . ! Both were granted . CORRESPONDENCE I February report from Gary Wood Ambulance report Letters regarding Veterans exemption , Sam MacNeil , Stanley Fink , Michael DelGiudice Annual financial report RESOLUTION # 67 EGYPT CREEK PROJECT Clm Evans offered the following resolution and asked for its - adoption : RESOLVED , that this Town Board authorize the local share of $1 , 500 . 00 to be paid from the Highway Fund for ' the flood prevention project located • . at Springhouse Road . Clm Webb ' Roll call vote - all voting YES RESOLUTION # 68 AUDIT GENERAL FUND BILLS Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION # 69 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 Evans ; Roll call vote - all voting YES . RESOLUTION # 70 AUDIT SPECIAL DISTRICT BILLS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that the special district bills be paid as audited . 2nd Clm Garlock Roll call vote - all voting YES 1 RESOLUTION - # 71 AUDIT CAPITAL BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED ; that ! the capital bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES • JUSTICE REPORTS' - Judge Sweetland - $ 2 , 022 . 00 Judge Newhart - $1 , 621 . 00 FINANCIAL REPORTS given to Board members . RESOLUTION # 72 RECOMMENDATION OF TOWN SUPERINTENDENT THAT HIGHWAY BE ABANDONED - Stafford Road Clm Evans offered the following resolution and asked for its adoption : RESOLVED , thatithe undersigned Gregory P . Humphrey , Town Superintendent of Highways of the Town of1Dryden , County of Tompkins , New York , hereby certifies : That the highway i'n _ •sai' d Town of Dryden , known and described as Stafford Road , . (from::550:' , ' (feet ) .:'. east:' of. So.uthworth Road east to Town Line ) has (not been opened nor worked within six and more years from its dedication to the use of thelpublic , or , from the time it was laid out ) , has not been traveled or used as a highway for six or more years prior to the date of this certificate ) , and said highway is hereby declared abandoned pursuant to Section 205 of the Highway Law- as a highway and public right of way . In witness Whereof the undersigned Town Superintendent of Highways Gregory P . Humphrey , has executed and the undersigned of said members of the Town Board of said town , constituting a majority of said Board , have consented to this certificate and the filing and recording thereof . 2nd Clm Schlecht Roll call vote - all voting YES - Dated at Dryden , New York G ,/ March 12 , 1985! j-2 - ff� i I TOWN INTENDEN OF TILE TOWNtOF DRYDEN , COUNTY OF TOMPKINS , . NEW YORK c ' __ - i .4h1 i. 7474.agrac . r r . 4 vi C: - . RESOLUTION # 73 RECOMMENDATION OF TOWN SUPERINTENDENT • THAT HIGHWAY BE ABANDONED- •- Pine Woods Road Clm Evans offered the following ' resoliution and asked for its adoption RESOLVED , that the undersigned Gregory P . Humphrey , Town Superintendent of Highways of the Town of Dryden , County of Tompkins , New York , 'hereby certifies : That the highway in said Town of Dryden , know and described as Pine Woods Road , (for approximately 2200 ' ( feet ) south from Route 13 ) has (not been opened nor worked within six and more years from its. dedication to the use of the public , or , from the time it was laid out ) , has not been traveled or used as a highway for six or more years prior to the date of this certificate ) , and said highway is hereby declared abandoned pursuant to Section 205 of the Highway Law as a highway and public right of way . . .In witness Whereof the undersigned Town Superintendent of Highways Gregory P . _ Humphrey , . has executed and the undersigned of said members of the Town Board of said town , constituting a majority of said Board , have consented to this certificate and the filing and recording thereof . 2nd Clm Schlecht . Roll call vote - all voting YES Dated at Dryden , New York D March 12 , 1985 �J� TOWN �SU ERINTENDEN OF/HIGHWAYS OF THE TOWN OF DRYDEN , COUNTY OF TOMPKINS , NEW YORK . Ci � ��� • taa / . . . • C/ S v C . Letter of recommendation from Town Highway Superintendent Humphrey to have a qualified road abandonment on Cornelius Road , Card Road and Scofield Road which are on file with the Town Clerk . RESOLUTION # 74 CONSENT OF TOWN BOARD TO QUALIFIED ABANDONMENT OF HIGHWAY - CARD ROAD Clm Schlecht offered the following resolution and asked for its adoption : WHEREAS, Gregory . P . Humphrey Superintendent of Highways of the Town of Dryden has duly certified in writing that a portion of Card Road , a town highway , in the Town of Dryden , extending from Intersection of Signal Town Road for approximately 2360 feet , to westerly boundary of # 50-1 - 2 . 1 ( Trumbull ' s ) , has not for the past two (2 ) years or longer been usually travelled along the greater part thereof , by more than two (2 ) vehicles daily , in addition to pedestrians and persons on horseback , and that a qualified abandonment is proper and will not cause injustice or hardship to the owner or occupant of any lands adjoining such highway . We , the members of the Town Board , do hereby consent to the making and filing of said certificate and request the Superintendent of Highways of the County of Tompkins to proceed in accordance with the provisions of Section 205 of the Highway Law of New York and hold a public hearing on this application . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 75 CONSENT OF TOWN BOARD TO QUALIFIED ABANDONMENT OF HIGHWAY - CORNELIUS ROAD Clm Schlecht offered the following resolution and asked for its adoption : WHEREAS', Gregory P . Humphrey , Superintendent of Highways of the Town of Dryden has duly certified in writing that a portion of Cornelius Road , a town highway in the Town of Dryden , extending from 200 ' (feet ) from Hunt Hill Road north for approximately 1720 ' (feet ) , to within 485 ' (feet ) from intersection of Mi'dline Road , has not for the past two ( 2 ) years or longer been usually travelled along the greater part thereof , by more than two ( 2 ) vehicles daily , in addition to pedestrians and persons on horseback , and that a qualified abandonment is proper and will not cause injustice or hardship to the owner or occupant of any lands adjoining such highway . We , the members of the Town Board , do hereby consent to the making and filing of said certificate and request the Superintendent of Highways of the County of Tompkins to proceed in accordance with the provisions of Section 205 of the Highway Law of New York and hold a public hearing on this application . 2nd Clm Evans Roll call vote - all voting YES • 30 RESOLUTION # 76 CONSENT OF TOWN BOARD TO QUALIFIED • • ABANDONMENT OF HIGHWAY - SCOFIELD ROAD C1m Schlecht ; offered the following resolution and asked for its adoption : WHEREAS', Gregory P . Humphrey , Superintendent of Highways of the Town of Dryden has duly certified in writing that a ' portion of Scofield Road , a town highway , in the Town Of Dryden ; extending from intersection of Asbury Road south for approximatel4 1055 ' (feet ), to within 200 ' (feet ) , from intersection of West Dryden 'Road , ; has not for the past two (2 ) ' years or longer been usually travelled along the greater part thereof , by more than two (2 ) . vehicles daily , in addition to pedestrians and persons on horseback , and that a qualified abandonment is proper and will' not cause injustice or hardship to the owner or ' occupant of any lands adjoining such highway . We , the members of the Town Board , do hereby consent to the making and filing of said certificate and request .the Superintendent of Highways of the County of Tompkins to . proceed in accordance with the _ provisions. . of Section 205 of the Highway Law of New York and hold a public hearing on this application . 2nd C1m Evans Roll call vote - all voting YES . RESOLUTION # 77 REJECT APPLICATION . FOR A- SPECIAL PERMIT David Hamilton Cim Schlecht ' offered the following resolution and asked for its adoption : RESOLVED , that this Town Board reject the application of Daivd Hamilton:. .for a special permit to have a wholesale/retail bakery and coffee shop : at 2065 Dryden Rd . since there was no one present at the hearing . 2nd Clm Garlock Carried RESOLTUION # 78 REJECT APPLICATION FOR A SPECIAL PERMIT Martin Pirsic C1m Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board reject the application of Martin - PirsirO for a special permit to have a four unit apartment house on Beam Hill Road because the requirements in Section . 1303 . 1 in the zoning ordinance have not been met . 2nd Clm Garlock Carried . . . • Adjourned : 10 : 00 PM - • ' . - ;ZCLA •' _ . Susanne Lloyd , . Town Clerk • . . . . . . . . • . . . .. • - . . • - • • . . . .