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HomeMy WebLinkAbout1985-04-02 SPECIAL MEETING APRIL 1 , 1985 . • Supv Cotterill called the meeting to order at 7 : 00PM Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Webb ' CIm Schlecht , Clm Garlock and Atty Perkins RESOLUTION # 79 EASEMENT ' REQUEST FROM . NEW YORK STATE ELECTRIC AND GAS CORPORATION -7: Clm Evans offered . the following resolution and asked for its adoption : RESOLVED , that this Town Board grant the request for an easement from New York State Electric and Gas Corp . on Forest Home Drive and NYS Route 366 with the specific understanding that should the pole line or any wires , crossarms , guy braces or other fixtures or appurtenances or any overhead • wires have to be relocated toaccommodate the grantors use of its property , then such relocation shall be done solely at the expense of the Grantee . 2nd Clm Garlock Roll call vote all voting YES RESOLUTION # 80 ADOPT VOTING DISTRICT MAP RELOCATION TO COMPLY WITH 1984 ELECTION LAW Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt - alternative map # 3 as prepared by the Tompkins , County Planning Department as the Town • of Dryden ! s . proposed election district map and to notify the Commissioner of Elections . 2nd Clm Schlecht Roll call vote all voting YES Atty Perkins . = reported that he will have a resolution ready for approval regarding a proposal for a study of a water district north of the Village of Dryden at the April 9th board meeting . . RESOLUTION # 81 SCHEDULE PUBLIC HEARING FOR A CREATION OF A NEW M-A • ZONE TO THE TOWN OF DRYDEN • ZONING ORDINANCE Clm Webb introduced the following and asked for its adoption : RESOLVED , that this Town Board schedule a public heating on April 15th at 7 : 00PM on the creation of a new M-A Zone . , The creation of this new Zone requires an amendment to the Town of Dryden Zoning Ordinance Map . A map is filed with the Town Clerk which more clearly shows this new M-A Zone . 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION # 82 SCHEDULE PUBLIC HEARING AMENDMENT OF ARTICLE XII OF THE ZONING ORDINANCE DISTRICT REGULATIONS M-A ZONE : Clm Evans introduced the following and asked for its adoption : RESOLVED , that this Town Board schedule a public hearing on April 15th at 7 : 15PM on the amendment of Article XII . of the Zoning Ordinance - District Regulations M-A Zone . The proposed amendment would repeal Article XII and substitute in its place a new- Article XII . Copies of the new Article XII are available at the Office of the Town Clerk . 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION . # 83 SCHEDULE PUBLIC HEARING TO ESTABLISH A PROPOSAL ON NEW ARTICLE XXIII (Site Plan; Clm Schlecht introduced the following and asked for its adoption : Review RESOLVED , that this' Town Board schedule a public hearing on April 15th at 7 : 30PM on a proposal to establish a new Article XXIII to the Town of Dryden Zoning . Ordinance . Copies of the new Article XXIII are available at the Office of the Town Clerk . (Site Plan Review .• '. 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 84 SCHEDULE PUBLIC HEARING ON THE CREATION . . . OF A NEW M-A ZONE IN THE TOWN A Clm Evans introduced the following and asked for its adoption : RESOLVED , that this Town Board schedule a public hearing on April "1 5th at 7 : 45PM on the creation of a new ..M-A Zone in the Town . The creation of this new Zone requires on amendment to the Town of Dryden Zoning Ordinance Map . A map is filed With the Town Clerk which more clearly shows this - new M-A Zone . 2nd Clm Webb- Roll call vote - all voting YES The Town Board authorized Atty Perkins to contact Lozier Engineers regarding . the proposed Snyder Hill Water Dist . If the Town does not receive a report on how much the district will cost by April 5th the Town .. of Dryden will find some other engineer . . Adjourned : 8 : 00PM �v� � ; 'a! ` Susanne Lloyd Town Clerk I it 3 � pUBLIC HEARING . . SPECIAL PERMIT . . . . April 9 , 1985 Repair Garage at 317 Scofield Rd Thomas Little Jr . Minutes of the public - hearing. held. April 9th at .. 7 : 30PM .. . Supv Cotter.ill read the notice that was published in the newspaper to consider the applicationjof Thomas Little Jr for a special permit to have a repair garage (auto and body ) at 317 Scofield Rd : - QUESTIONS AND/OR COMMENTS Letter from Tomp Co Health Dept no permit will be required since . there is . no need . for . water in the. garage . If , however there is a change., there . would need to be a permit, and doubted that the lot size. would meet the requirements. . . A petition was submitted with 11 signatures against the body ' shop Mr Little did not see where it . was going to do any harm . since . it is some . distance between the _ houses . . Supv . Cotterill lanted_ to know . about . how . many cars there would be at any given time ? Mr Little there will not be any cars sitting around because they felt that they wouldn ' t have- that - many . . - - - - . • Clm Garlock - ' howmany people will be employed ? • Mx Little - just himself and his. cousin . . . . Clm Evans - wanted to know the hours they had planned on ? Mr Little' 9AM to 5 - or 6PM . They do not plan on doing ' any ' big major .body work , nothing that will take more than a couple . of days . . . . Mrs . Dora Goyette - was .opposed because . . of the - .noise and also her husband is very . -sick. .and was . concerned about the fumes and the chemicals that would be used . Closed public hearing 7 : 45PM • . . _ . . . . . . . • . I TOWN ' BOARD MEETING • • . APRIL 9 / 1985 • Supv. . Cotterill called the meeting to order at . 7 : 45PM Members and guests .participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Webb ; Clm Garlock , ' C1M Schlecht , Atty Perkins and . . 2 . O . Stewart Approval of . the minutes : Motion was made ..by . Clm Evans and seconded by Clm Schlecht that . the 2 _ public hearings and . Town Board . meeting held March _ l2th be approved as 'submitted . . " COUNTY BRIEFING • - CoRep Watros reported - that the County Board ' has sold one wing of the old hospital to Tompkins Community" Hospital for the purpose of building a facility to accommodate ' doctors . The County - expects to offer the rest .. of the . hospital for . sale . and they . .plan on putting some county officessthere . . . • Co Rep Tillapaugh - reported on the situation of lumber - and building materials being taken from . the duhp ' on Caswell ' Road . " He has spoken with • Commissioner Mobbs and he will try to correct this so that it will not happen in - the - future ; He will speak to the employees that work there . - . Also checked on the sewage that - is being _ dumped on Bone. Plain Rd , The Health Dept has " checked and the problem is being corrected . , CITIZEN PRIVILEGE OF . THE FLOOR . _ . . 1 William Baile ; ' Bailey Insurance- was present - and reported that ' Aetna Insurance does not want • tS renew the Town ' s pelicy ' efficetive June 1st . The ' reason being that they are withdrawing entirely from ' the municipal insurance ' marketC countrywide . This is because of pollution caused by sanitary - landfills . Some companies are completely withdrawing ; and there - are other companies that are writing_ another pollution exclusion in their policy to . say . that no pollution is covered whatsoever . January 1 , l $ 6 l ther : than- being on . a. current general .. liability policy they - will be written - on a " claim made" basis . He has contacted, two . other carriers that are continuing to write for municipalities . He felt that they will write the insurance , but has no more information at this time . He will have some figures available by the May board • - meeting . 1 .. • i 3 3 b CITIZEN PRIVILEGE OF THE FLOOR ' Residents from Snyder Hill Rd Wanted to know the status of the proposed Snyder Hill Water Dist . F+ ' 1Q1/4 °IPIN^3Z4'd. ' Atty Perkins -- Lozier Engineers . ' iS an , tine process of redrawing the map and putting together a plan and repork `' 5asedcbpon Lthe same formula used in Water Dist # 1 to charge the cost of the :iriiprovements to the district . He hopes to have all this information before our May;; meeting so that a public hearing • - -can_ ' be scheduled . • ATTORNEY aMot: ion was made by Clm Evans and seconded by C1m Schlecht that the following resolution be adopted . i RESOLUTION NO . 85 ( 1985 ) • TOWN BOARD - TOWN OF DRYDEN QUALIFIED ABANDONMENT PURSUANT TO HIGHWAY LAW SEC . 205 - b OF TOWN HIGHWAY ( ACCESS ROAD TO STATE FOREST PRESERVE LANDS ) WHEREAS , the Town Board of the Town of Dryden has heretofore given written notice to the New York State Department of Environmental Conservation with respect to the q ualified abandonment of certain Town roads , and WHEREAS , the said Department of Environmental Conservation has indicated to said Town , which Town roads are access roads to State Forest Preserve Lands , and 111111 WHEREAS , the Town Board of. said Town of Dryden has duly h eld a public hearing after public notice having been given w ith respect to the qualified abandonment of a portion of Star Stanton Hill Road , . • NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Dryden as follows : 1 . Star Stanton Hill Road . from the eastern end of its j intersection with Canaan Road to the east line of Town of Dryden Tax trap Parcel 62 ° 1 - 2 is hereby declared to be q ualified abandoned pursuant to Highway Law Section 205 ( 2 ) and 2. 05 - b. 2 » The liability of the Town of Dryden for maintenance o f said road shall cease but there shall main a public e asement over such road in perpetuity , 3 . The New York State Department of Environmental Conservation shall have the right to maintain such road if it so desires . . • 4 . No one , including the owner of any adjoining land , may fence any portion of Guth road with or without gates . . ;.a -:a• 3�' t 4 t `i.�� xis "ykti o-kLF.iai(j T arty - Atb'd'Gt `73."� toss " C .!° �iqF..�}+�}45.++Ki*�+*rfa-FgtPvis n.m w- - ...�.w.- .� w...... ».+w..mrnrcwm* �e.�r"�*"'C"WW'.."'e"^.e"'T°p. <:_. ' ..- a $. t .. s: T{ fi • 67 S{t6 : 8 a✓ �i,e{y 'y?. etj tti "x61 • F '24;41e F 11• ' 4r x! 15 . - t J 7 'fix Fj y., F ., err r �• t+ ti ■z r f 3 pti' }'tin Ft r i ° t .121 ; "?4: r a";1v �y L'A";1'FS' e GL}Y' rg . ;' `� x r.• s.�-. ;� r e . 7 w Sri k. ,{xlrw r� u, xfi s. K s a v - ° 1 -L'k r x 'CAI d 4 .[ t Jr I !.. :4 Fri F tt dv' v fy a n I ; -i4 &44,1- . . . a X . .. r . • ,_ t r �. ,. �, s._, >.R 3' �.. . _ .. 4i ' '�'4. . h?%rL � ,SL } .`_w3 + A. ,. . . rt.i". 'eax k . , . _ • - ::t: `;^ , v- ' c� "".•! . 'eta ,,. 1...... . . - I — .. -. ■ ?it — . . , • . � c • •. i , • t • 5 . The Town of Dryden , at anytime , shall have the right to resume jurisdiction over such road for any purpose . I 6 . The title to such road shall remain with the Town of Dryden . 7 . The Town Clerk of the Town of Dryden shall forward a ill ! certified copy of this resolution to the Tompkins County • Superintendent of Highways to hold a public meeting pursuant to Section 205 ( 2 ) . • Roll call vote - all voting YES t: '; • ATTORNEY Motion was made by C1m Schlecht and seconded by Clm Garlock that the following resolution be adopted . RESOLUTION # 86 PURSUANT TO TOWN LAW SECTION 209 - b for Water Study of Certain Areas North of the Village of Dryden WHEREAS ; the area North of the Village of Dryden is served in part by the Cortland Road Sewer District , and WHEREAS ; there are two ( 2 ) mobile home parks within said sewer district , several businesses , Tompkins - Cortland . Community College , Dryden High School , single family • residences and a significant amount of land which could be developed ifipublic water were available , and I WHEREAS ; it would be in the best interests of all - residents and owners of property North of the Village of Dryden , and in the area hereinafter described , to have a clean , potable , secure , and sufficient amount of water for their respective purposes , NOW , THEREFORE , BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF DRYDEN AS FOLLOWS : 1 . This resolution is made • pursuant to Town Lawn Section 209 - b . • I ' 2 . The Town Board hereby appropriates the sum of $ 3' , 200 . 00 to ' pay for the cost of preparing a general map , ; plan , and report for providing the facilities , improvements , or services Within the area hereinafter described . 3 . Suah maps , plans and reports shall conform with the requirements of Town Law Section 209 - c . : 4 . Such maps , plans and reports shall be prepared by Hunt Engineers P . C . of Painted Post , New York . 5 . The area to be encompassed by such map , plan and report shalllbe as follows : • - . I r , I ricl - n a Wti _ 7 jS` }� _ aY7W hx ;�0 1 F t.'" ;,•.' y}Y ) i r r iki` t 4 ti ° r 6F�s a7 a Y 'qyt�aF , : . . f : sva . • ' T . YS4 3 4 ,.. . :. . R . tt SA ryn ^6tA.. :: Y f l Y . • . . .! . .�, " . . F.. . v kG. .:. . t . . r. : t;71, s .... , . ,., :nl" 4s.•t ;7x�,M �.k, .Lt• ...;r... , t .. .. - 3 — - . ALL ° THAT TRACT OR PARCEL OF LAND situate in the Town of . Dryden , County . of Tompkins , . and State of New York bounded and described as follows : . BEGINNING at a point in the north . line of the Village of Dryden in the centerline of . New York State Route 13 at its intersection with the centerline of New York State. Route 38 ; 1/ proceeding thence generally westerly along the north line of the Village of Dryden to the west line of lands now or . . formerly "of . Dryden . Central .. School ( Tax Map Parcel 38 - 1 - 26 ) , which i.s also the west line of the Cortland Road Sewer District ; proceeding thence north along . the . west line of �_ said Dryden Central School Property and the west line of the Cortland Road Sewer District to a point in the centerline of Mott Road ; proceeding thence generally northwesterly along said centerline of - Mott . Road to its intersection with the common division line between Military4Lot 27 on the west and ' Military Lot 28 on the east ( this point of intersection being the intersection of Cady Lane and Mott Road ) ; proceeding thence north along said common division line to the northwest corner of" • said Military Lot 2g ; proceeding thence east along the north line of said Military Lot 28 for a distance of approximately 1 , 340 feet to a northeast corner ' • of premises now or formerly of Walter Stairs ( Town of Dryden - Tax Map Parcel 35 - 1 - 10 ) ; "proceeding thence south along the • east line of premises of said Stairs and said tax map parcel number for a distance of approximately 110 feet to a point `I in the north line of - . premises now or formerly of John McGory ( Tax Map Parcel ` 35 - 1 - 11 . 12 ) ; proceeding thence east along said north line of John McGory to a point iri the centerline of North Road ; proceeding thence along said north line of North Road to the northwest corner of premises now or formerly ' of Jones - ( Tax Map Parcel 36 - 1 - 1 . 11 ) ; proceeding thence east and along the north line of said Jones property for a distance of 450 feet and continuing thence along premises now or formerly of Louie Wolf for 1 , 266 feet to a northeast - corner of said Wolf : premises ( Tax Map Parcel 36 - 171 . 12 ) ; proceeding thence - along said east line of the . . Wolf premises ' and premises - and - premises now or formerly of Hatfield ` ( Tax Map _ Parcel • 36 - 1 - 1 . 22 ) for a distance of approximately 1 / 475 feet to - the northwest corner of premises now or formerly of George Junior Republic ( Tax Map Parcel 36 - 1 - 8 ) ; proceeding thence east along the north line of said George Junior Republic property and property now or formerly of Arthur and Frances Stairs ( Tax Map Parcel. 36 - 1 - 9 ) for a distance of approximately 1 , 715 feet to a northeast corner of said Stairs property ; proceeding thence north for a distance of - approximately - 1 , 440 feet to a point in the centerline of Dutcher Road ; proceeding thence east along said centerline of Dutcher Road to its intersection with the centerline of New York State - Route ' 13 ; proceeding thence . from said intersection south along the centerline of Livermore Road to its intersection with the centerline of New York State Route 392 ( Dryden -Virgil Road ) ; proceeding thence west along said centerline of Route 392 to a point where - said centerline intersects the east line of the Village of Dryden ; ' proceeding thence north along said east line of the Village of Dryden to the northeast corner of said Village ; proceeding thence west along the north line of said Village to a point in the centerline of New York State Route 13 ; proceeding thence • south along said centerline to the point or place of beginning : ' I 6 . This resolution is adopted subject to a permissive referendum pursuant to Article 7 of the Town Law . . . Ro11 call vote - all voting YES • • • --- -- . � ...� - - ----.t-7414-Sc...„. I i T I 3 ZONING OFFICER Z . O . Stewart - 12 building permits were issued for . the month of March . 7 one-family dwellings ; 2 additions ; 2 mobile homes (1 replacement ) ; 1 swimming pool . ZBOA held 5 hearings . 1 - Frost residence on Mt Pleasant Rd for an addition that would be to • close to the roadi granted 2 - Rumsey residence on Beam Hill Rd for a garage with less than the 75 feet setback requirement ; granted . 3- Snowberger , Etna Rd wanted to build a 2 family unit on has property where he already has a house and needed a variance for road frontage ; tabled decision because they needed more information . 4 - Hayes on YellowlBarn Rd wanted to sell and service model railroad cars in the basement of his hoUse ; granted . 5- John Dedrick applied _ for a fruit and vegetable stand for the salelof fruit , vegetable , farm products and general merchandise on Rt # 13 , between Kirk Rd and Etna , with the entrance on Etna Lane . The board felt that if he droppedithe request for general merchandise he would not need a variance . After some discussion he withdrew- the request for general merchandise so there would be no problem . It will be ` the same type of operation as North Rd and Rt 13 . CORRESPONDENCE Letter of resignation from Peter Litman - County Youth Board Letter of resignation from RoseMarie Bobnick - Environmental Management Council . Letter from Sam McNeil regarding state aid . Ambulance report Report from Gary Wood Letter from RonaldlGoddard requesting the town to adjust : the front footage assessment rate in , the Cortland Rd Sewer Dist . There was some discussion regarding the Attorney ' s salary . • JUSTICE REPORTS ! - Judge Newhart - $1774 . 00 Judge Sweetland $ 3711 . 00 FINANCIAL REPORTS 7 given to board members RESOLUTION # 87 TRANSFER FUNDS FROM CONTINGENCY i (1990 . 40 ) TO • ATTORNEY 'PERSONAL SERVICES Clm Evans offered the following resoltuion and asked for its adoption : RESOLVED , that this- Town Board authorize the Supv to transfer $1 , 316 . 25 from contingency (19. 9. 0 . 410 ) to Attorney personal services (1420 .10 ) 2nd Clm Schlecht ' Roll call vote - all voting YES RESOLUTION # 88 TRANSFER FUNDS FROM CONTINGENCY (B1990 . 40 ) TO SAFETY INSPECTION CONTRACTUAL (B3120 . 40 ) • Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 25 . 40 from contingency (B19. 90 . 40 ) to Safety Inspection — contractual (B3120 . 40 ) 2nd Clm Schlecht Roll call vote - all voting YES • RESOLUTION # 89 TRANSFER FUNDS FROM CONTINGENCY ' (1990 . 4j ' TO SIGNS ( 3310 . 20 ) C1m Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 2 , 000 . 00 from contingency (199.0 . 41) to Signs (3310 . 20 ) 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION # 90 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 # 91 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 # 92 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 • RESOLUTION # 93 GRANT SPECIAL PERMIT - THOMAS LITTLE JR Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant the special permit to Thomas Little Jr with the following conditions : 1 - no unregistered or junk cars outside ; 2- limit to no more than 3 cars outside waiting to be worked on ; 3- Hours 8 : 00AM to 6 : 00PM Monday thru Sat ; 4- no bulk storage Of any thinner , chemicals or combustible material ; 5 - this permit is not transferable , by sale or lease . 2nd Clm Garlock Roll call vote - all voting Yes Adjourned : 9 : 00PM e Scheduled speical meeting April 15th Susanne Lloyd, Cle g erk P 37 • PUBLIC HEARING # 1 ' . " . - APRIL 15 , 1985 . - CREATION OF A NEW M-A ZONE - RT 13 Minutes of public hearing # 1 held April ' 15th at 7 : 00PM Supv Cotterill read the notice that was published in the -newspaper to consider the creation of a new M-A Sone on Rt 13 . The creation of this new Zone requires an amendment to the Town of Dryden Zoning Ordinance Map . A map is filed with the Town Clerk which more clearly shows the new M-A Zone . QUESTIONS AND/OR COMMENTS Mr . Harry Levin , 1608 Hanshaw Rd - the purpose of the Ordinance is to promote the .health , safety and general welfare of the community . The home owners of the area covered the the proposed .M-A Zone have met several times . On March: 12th there was a. petition delivered to the Town Board that was signed by every home . owner involved in the proposed M-A Zone . They would like to thank the Board for hearing their objections and redraw the boundaries in the M-A Zone to exclude the existing residences . They are pleased that the residences on the second plan continue to be in a R-C Zone and not be non-conforming uses in a M=A Zone . They recognize that there are reasons for a _ community to establish a M-A Zone so as to attract business and industry on the Rt 13 corridor . It is • a reasonable place for such a one locally . If Successful , the new M-A Zone may produce economic benefit to the whole area , but we should also point out that thousands . of American communities have similar - aspirations most of which w111 be unfilled . It should be. :recognized that a M=A. Zone , if successful , will involve serious and substantial cost to the township . Inevitably , there will be roads and the upgrading of present roads . Water and sewer facilities will have . to be constructed . Traffic control .devices will have to be installed , beside - .the less objective costs should be calculated . This all means the town changes and the nature of our community such as rural , farming , residential to One containing business and industry . We urge the Board to be aware of , and to actively plan for the ensuing real cost and to be prepared to handle illi them 'In a fair , orderly and democratic manner . For example , has there been planning for a water and sewer district ? What is the timetable ? What will the cost be to the residents-? Since there will be a real substantial psychological and social causes in the new zone , we ask who benefits ? We feel that only the landowners in the proposed M-A Zone . The second plan for the new proposed boundaries in the M-A Zone include a tract parallel to Hanshaw Rd and east of Sapsucker Woods Rd . This tract was omitted from the first plan . We request , that in this case you go back to the early plan . This tract will inevitably involve the road connected. with Hanshaw Rd . At present , there is a road cut through , but not built to connect a group of recently constructed houses with Hanshaw Rd . This means , that there will be 2 parallel roads intersecting Hanshaw- Rd over a short distance . The end result will be stop and go traffic at a section of Hanshaw Rd which initially has rapid traffic on a curved section of road . The recently added Lucente tract comes very close to Sapsucker Woods . Although , they cannot speak for Cornell University , a crude manufacturing enterp.rise 'should not be permitted so close to an ecologically natural science area . This could be reduced by removing the Lucente land from the M-A Zone . • . Mrs . Catherine Brown , .515 Lower Creek Rd -. pointed out an error in the property description : - it says , proceeding north to the northwest corner of said Grant property tax map parcel # 43- 2- 8 ; - it should be proceeding north to the northeast corner of said Grant property . o Donna Spinnella , 1741 Hanshaw Rd - has several reservations about the boundaries of the M-A Zone . The first one being the zig- zag nature of the lines in the area on Hanshaw Rd near the 8 Square School . This does not significantly add to the area acreage wise . This does but into completely residential area . If the boundary was closer to Rt 13 allowing development along Rt 13 corridor and the same vicinity as Cayuga Press and Gold Sport Cycle it would reserve the residential quality where the houses are . . Allow development out where it will receive the most traffic and the most publicity . - She also felt that with the small buffer zone that is proposed in this , that the M-A Zone should not come ' as close to the residential property . The exclusion of certain homes from the M-A Zone and remain in the R- C Zone is of no comfort . it matters little if the boundary is next to your house or if you are in it and your house is excluded . She felt that the proximity of this z ne to the 8 Square School is an abomination in terms of the history of the count and the entire quality of that area in terms of what you are doing . The installation of a gas station , or a fast food restaurant or any number of perfectly legitimate businesses near such an institution like that . The placement of the school in this residential area speaks on a secondary basis . 3y � Dan Eastman , ! 504 Lower Creek Rd - he has 2k acres located near the proposed armory and also the proposed M-A Zone . There is a r-o-w running down the side of his property . He is concerned -ofce ' it is fully developed they will loose a tree area that is there now and there will be no buffer zone . The r- o- w also comes onto Lower Creek Rd and felt that access - will eventually need heavy improvements on the road to handle the excess traffic , and eventually creating additional hazards at the-intersection-of Lower Creek Rd ' and Rt . #13 . Mr Stuart Brown , 515 Lower Creek Rd - wanted to ' emphasize what Mrs Spinnella • has already stated about the 8 Square School and the- area around it . The 8 Square School has ebeen the center of a residential community for 150 years , He hopes that the Town Board in representing all of them , will tr'y to preserve the whole residential area around the 8 Square School . and not . let the M-A Zone ,I encroach upon it . He is not against the • M-A Zone , but would like to preserve the residential area around the school . -. • . John Majeroni .representing Cornell University - at the las.t . public hearing they were "concerned about the M-A Zone being so close tb : Sapsucker Woods Sanctuary and Pall Creek , They were wondering if the Board .has looked at the impact that the .M-A Zone would_ have on Sapsucker Woods , and if .so what . was• found out ? - . Supv Cotterill - whatever - is -put there has - to be designed and approved by the Town Board . They -have looked at the conern , and for a proposal in that zone would take more requirements than 'what is required in the present zoning. What the impacts would. be the applicant would have to clarify , • John Majeroni' - . the .potentiaTIs high because that is the eastern boundary of Sapsucker Woods and the proposed. M-A .Zone . . It is. written that, here would be . no opportunity for public input . Cornell Univ .is concerned about drainage . .going . to Sapsucker Woods from the .M-A Zone . . They felt that a study should be done in case; a gas station does "go in and leakage occur- in a. tank the sanctuary would: 'be destroyed . _ Tt . : is a. well known regional and .state wide • _ . attraction .. 1 They .felt that _ same studies should be done and see what the impact is . . Min Creasy , 540 Lower Creek Rd - was concerned about :: trucks and heavy equipment with regard to the- state armory and who was responsible for the condition of the road ? Supv Cotteri,ll - if. it is: .a town road the town would- be responsible . - Closed public hearing. #1 7 : 25PM • . 4 41 PUBLIC_ HEARING # 2 _ . . April 15 , 1985 . _ _ . ZONING ORDINANCE AMENDMENTS . . DISTRICT REGULATIONS' M-A 'ZONE . . . . . . . Minutes, of p.ubli.c_ hearing #2 . held April 15th at 7 : 25PM • Supv Cotterill read the notice that was published _i:n the newspaper regarding Article XII ! of the Zoning Ordinance - District Regulations M-A Zone . QUESTIONS AND/OR COMMENTS Dr . Jacobson -Section 1204 - prohibited uses , wanted it clarified regarding residences . ; Does it• include multi family or single. family ? Supv Cotterill - the Board felt that a residential : (multi or single ) would be . illegal in a M-A Zone., not that they wouldn ' t be allowed , They_ would have to come and ask for . an unallowed use which would require a hearing and at that time. it would be clearly definedto " them about the commercial zone . Mrs Brown - jin Section 1206 yards and landscaping #3 where any allowed use• in a M-A Zone is located adjacent to a R-B Zone or a 'R-B1 or any • residential use in an R- C Zone , then that allowed use shall be separated from such zone or residential : use in a R- C Zone by a. landscaped buffer. strip that is densely planted at least 30 feet wide , and at least 6 feet high and 12 feet at maturity , The land there is poor . and badly drained soil , which is very hard for things to grow. • ' Mrs Brown felt that the buffer strip should be 50 feet Wide / and elevated to provide drainage for the trees . The plantings should be specified as evergreen plantings, because other type planting would give no protection- In the winter months. Also the person having to put this in on the M-A Zone side should b equired to 'maintain the buffer zone . , 'She felt that the trees' should be planted when 'the- M-A Zone is established so that when the buildings are built the residents will have some visual protection . Dan Eastman - felt that there should be an elevated buffer zone because of the terrain and the spring run-off , so that whatever he plants on his property will be protected . • 3 � Dan Kailburn , 1731 Hanshaw Rd - Section 1206 yards and landscaping # 2 - was questioning the distance for a building ' to be 15 . feet from the property line yet there is supposed to be a 30 foot buffer zone . He felt that it should be the 50 feet buffer zone and then . the 15 feet distance for the building . Supv Cotterill - that would not be a problem in the requirements by the Site Plan Review Board . . • Mr Kailburn - regarding the Site Plan Review Board felt that residential properties that border a M-A Zone , will not have a chance at a public hearing to give any input whatsoever for or against anything that would be built there . The Site Plan Review Board removes that possibility in a M-A:'• Zone Of a resident wanting to come and hear what is being built next to him . . Supv Cotterill - in the current R-C Zone there are a lot less restrictions in that area than there will be in the new M-A Zone . Min Creasy - asked Clm Webb if he thought 150 feet was sufficient. distance so that odors, noises , vibration or glare will not be noticed by the residents . there in the area involved ? Clm Webb- he was ' talking about a motel being built on Rt 13 , he was not talking about off Rt 13 . Min Creasy - did not see how 150 feet was going to protect them from noise and odors . . . Clm Schlecht - as part of the approval process the developer will have to prove l:t`hat there will not be noise , odor , vibration or glare more than 150 feet away . Min Creasy - is it not possible not to smell something 150 feet away ? . Supv Cotterill - yes , if it isn ' t it shouldn ' t pass the environmental study . Min Creasy - was . concerned because of Wilcox Press . . She wanted to know if the residents in the area would have any recourse if for some reason they change the manufacturing and they as residents do smell, hear and feel within 150 feet . Whom . do they appeal to ? . Supv Cotterill - it would be the Town Board Atty Perkins - the Town Board would be responsible for policing its decisions and making sure that it is in compliance . If the. Town Board finds that it is not in compliance than they can - revoke the certificate of occupancy so that the property can not be used until it does comply . Dolores Dunn , 490. Lower . Creek Rd - they far exceed the 150 feet distance that is required for noise and fuel pollution . Allied Van Lines during the winter months run their:: .• trucks all night long . and no matter what they do in their house they can still hear the trucks . Mr William Lambert , 1676 Hanshaw Rd - wanted to know it Allied Van Lines would have to conform to the new regulations in the M-A Zone ? , Supv Cotterill - preexisting businesses would not have to comply . John Majeroni'e - Section 1201 #10 - farming ,, gardening , .nurseries , and greenhouses . Would that permit 'farm buildings , accessory farm buildings , and the keeping or -raising Of livestock and poultry ? Supv Cotterill - yes it would permit those . . John Majerohie - under the present R- C Zoning those are listed and to remove them from the language it would show -an intent of the Board to make those prohibited uses . Cornell University would like those added to the ' language . They are also concerned about Section 1205 - lot coverage from 60- 70 . They would like to see that reduced to .40 % lot coverage to minimize drainage problems and protect the creek and Sapsucker Woods . They would also like to ,recommend that the buffer strip be required between commercial/industrial uses and agricultural /educational uses within the M-A Zone . Closed public hearing # 2 7 : 50PM • • • iv PUBLIC HEARING'I # 3 - - . - _. April 15 / .1985 . ZONING ORDINANCE AMENDMENTS - Site Plan Review ESTABLISHING NEW ARTICLE XXIII Board Minutes of public hearing # 3 held April 15th at 7 : 50PM . I . Supv Cotterlil read the notice that was published in the newspaper to consider the proposallto establish .a new Article XXIII to the Town of Dryden Zoning Ordinance Site •Plan Review Board . . QUESTIONS AND/OR COMMENTS • . Mr Levin - would like to know the relationship between the M-A Zone ari the Site Plan Review - Board . it is not clear- that . the Site . Plan Review process applies onlyLto M-A Zones . ` it can be read as. applicable to all zones situated in the Town of Dryden . In Article XXIII Section 1201 of the M-A Zone Ordinance . Many conforming uses are written for the M-A Zone , but • nowhere does it mention apartments in a development . Section 2302 . 4 Item # 8 - in the Site Plan Review Ordinance , In: the case of an apartment complex or other multiple dwellling the adequacy of usable open . space for .play - areas and informal recreation) . 1He felt that this section should be deleted . The residents here tonight , would like to goon record as being strongly and unequivocabley objecting to the use of a M-A Zone for apartment development . On the Site Plan Review Board - they understand tliat . the procedures work for the general benefit of the township , assuring that the establis.c+ent . in the M-A Zone will be . of • the high caliber . However , it is difficult for the citizens to give up in a democracy decisions that will effect them . Further , the procedure robs them of the due process guarantee :' . They. . recommend . that the following amendment to Section 2302 . 5 Section (c). for those sites contiguous with. the R-.0 Zone , that the -Town Boalyd will hold apublic hearing , . Also , non- conforming uses in a M-A Zone cannot be approved without a public hearing . . They think that non - , conforming uses in a M-A Zone should be subject to a public hearing also . • Atty Perkins - in Article XXIII 2301 . 2 - The Site Plan Review Board has the authority under this ordinance to review and approve , approve with modifications or disapprove site plans submitted to it ` under the provisions of this ' Ordinance specifically applications for Zoning Permits for facilities ' and/or activities which are indicated in the Zoning • Ordinance -as allowed uses with Site Plan . Review . There is only one proposed Article in the Zoning Ordinance and that isjArticle XII Section ' . 1201 . The .following are allowed uses in the M-A Zone . with a Site Plan Review pursuant to Article XXIII . . The fact that the Site Plan Review Board has other jurisdictions which may not be exercised . intentional because the Site Plan Review Board process maybe expanded in the future to other types . . Dan Kailburn - is concerned about the Site Plan Reivew Board , it starts now with just the M-A Zone and gradually gets extended to ' zoning over all of the Town . Then , when there , is a permit . application regardless of .the zone , there is ' no need to have a public hearing , like. . tonight , because the Site Plan Review Board would have that authority as. 'well as the Town Board . So now , you will eliminate the need for public hearings . . CIm Schlecht it was not the intent of the Town Board , they are trying to draw- up something ' general and yet be specific . If there are some areas in the Town where they wish to apply a - site plan con6ept0they would have to amend the zoning ordinance which would. need a public - hearing . - Dan Kailburn - felt that we would be ending up with a .Town Board and Site Review Board with to much authority over the citizensythat have elected you . Now there will be no say as to - what you can do around . us . He would - like at least the courtesy of where the M-A Zone borders the residence , before an industry can come injnext to the residential property , there has to be a public hearing . Where commercial meets residential , regardless of the site review board there • should be a public hearing . Pidge Curtiss - Upper Creek Rd - wanted to know why the Town Board has been delegated to be the- Site Plan Review Board ? Supv Cotterill - there has been discussion with the Town Planning Board and the consensus was that the Town Board were the elected officials and with that the responsibility should ' rely with the board . They are - the ones that have to answer to the citizens instead of a board ' that would have been appointed . • 1j Pidge Curtiss - wanted to know if the Site Plan Review Board was going to meet regularly and will the meetings be published like the Town Board meetings ? Supv Cotterill . - any Town Board meeting is official and any business can be transacted . Clm Evans - was under the impression that the Site Plan Review Board actions would be done at a Town Board meeting , which is open to the public and is published in the newspaper . It would not be a Site Plan Review Board meeting , but a function performed at a Town Board meeting . Supv Cotterill - felt that with the new proposed M-A Zone there will be more protection of what would be allowed instead of the current allowed uses in the R- C Zone . There are a lot more requirements . Donna Spinnella - was concerned about the Site Plan Review Board being that it - is made up of the Town Board members . They are wearing so many hats , some of them by choice , some of them by coincidence . Being that there are landowners having friends and relatives who may have properties in an area to be developed . What kind of procedural construction do you plan to include 'in the Site Plan that would circumvent any, kind of conflict of interest ? Should someone on the Site Review Board or Town Board have a relative that owns land ? Will there _ - be something built into you position of any given decision that will restrict the membership at the decision making meeting to only those people that will have no conflict ? . Atty Perkins - the Town Board would have to follow the Public Officers Law and Code of Ethics . Supv Cotterill - there have been times that Board members have abstained from voting on .various decisions because of a conflict of interest . Mr Stuart Brown - was wondering if there will be sewers available before there is development ? . . Supv Cotterill - the Health Dept would have to make that decision if there is a drainage problem . Atty .Perkins - this is one of the considerations that the Site Plan Review Board the Code Enforcement Officer and Zoning Officer must take into consideration when they make a recommendation to the Town Board . The adequacy of disposable waste and the supply of water . . . Mrs Brown - wanted to know if that study was being done by the Town Board now ? Supv Cotterill - we are discussing with several groups the possibilities , but the study hasn ' t been fully initiated yet . The Town has received a request from the residents in the Varna area along Rt 366 . They are in the process now of passing petitions . No decision has been made for the area involved at this time . Mr Robert Kellogg , 1226 Dryden Rd - felt that water and sewer should be considered before any industrial development is allowed , without water and sewer you are in trouble . Min Creasy - was wondering about Section 2302 . 5 (a ) if no decision is made within 45 days after application why is it automatically approved ? If for some reason it might be held up by another agency . Atty Perkins - it means that if the Town Board - does not act to disapprove or approve with modifications and/or conditions within 45 days of its receipt of recommendations from the Zoning Officer and Code Enforcement Officer then the recommendations will be deemed to be approved . Min Creasy. - felt that the developer . should receive some kind of definitive answer and not have it automatic if they do not hear in 45 days everything is alright . : She. would like to see deleted from Section 2302 , 5 (a ) the site plan shall be considered approved . Also , Section 2302 . 9 - remibursable. costs - would like to see added (made payable to the Town of Dryden) . Mrs Brown - the residents are of the opinion that the Town Board is asking them to trust in their decisions , assuming a lot of authority . When you look back at the record , the legal notices , the minutes of the Town Board meetings , and Planning Board it is clear to them that there has been an effort to push through these two amendments as quickly and quietly as possible . The residents in their area have not really been considered at all , until they found out what was happening and asked for some changes , which they have received some . There are still things that are unsatisfactory to them . Why should they feel that the Town Board acting as the Site 'Plan Review Board will look after their interests any better when it comes to deciding on and enforcing these rules for industrial uses than they will when they decide on where the zone will be . For the residents involved , there are 2 changes that are essential 1 - further changes in the map and description and to keep the M-A Zone closer to Rt 13 corridor and well away from the residential property . 2- to change Article XXIII Section 2302 . 5 ( c) to state that there must be public hearings on the site plan for any M-A Zone development . 1°2 • ( cont ) Mrs Brown - The residents near any M-A Zone area has a right to be heard on questions that willTgreatly effect . the value of their properties and the quality of their daily lives . Closed public hearing # 3 . 8 : 40PM . . I • • • PUBLIC HEARING # 4 . . April 15 , 1985 - Creation of a new M-A Zone north of the Village of Dryden • Minutes of public heating #4 held April 15th at ' 8 : 40PM Supv. Cotterill read the notice that was published in the newspaper to consider the creation of . a new M- A Zone north of the Village of ., Dryden . QUESTIONS AND/OR COMMENTS • Mr Apker - wanted to know if the new zone included his house ? . I . _ . . . • Supv Cotterill - it would include all of the property from ' Rt . I3 to Dryden School which would include the Teeter and Apker property . Michael Lane _ was wondering why these two properties . ( Teeter and Apker) . couldn ' t be excluded from the M-A Zone so that they would be able to benefit by the buffer ' strip. Dr . Jacobson -' was supportive of the changes being made , but would like to have public notification of an agenda being considered by the Site Plan Review Board to assure the tpublic who -wished to be knowledgeable can be so . Whether ' it is a legal notice or some other . paid. advertising . . Also , consider the negative response , that is no response at . all giving g .permission. to something . This doesn ' t seem an appropriate way to do business on important subjects . He would like to make a requirementIthat the Site Plan Review Board acknowledge_ and respond to every site plan request within that 45 day time limit . Supv Cotterill - felt that the Town Board would have an obligation to respond to all requests . • Closed public ' hearing # 4 - 9 : 00. PM - • SPECIAL MEETING APRIL 15 , 1985 I - . . . Supv Cotterill called the special meeting to order at 9 : 00 PM Roll call wasiby the Town Clerk : Present : • Supv Cotterill , ' Clm Evans , Clm Webb , C1m Schlecht , ' CIm Garlock and Atty Perkins Atty Perkins 1 the Town Board has to make certain findings with regard to each public hearing and act. on them separately . . You must first determine whether or not it is a Type I action . . Once that is . determined . you. then have . to determine If the Town_ Board will be the lead. agency and the only agency involved . .. You have to file a short environmental . assessment form criteria setforth. in Section 617 . 11 of your findings in the ° negative or positive declaration . The proposed action is 'subject to SEQR ' rules and 'regulations which comply with the General ' Municipal Law Section 239L and Section 239M . ' If. the Board wants to consider the M-A Zone north of the Village of Dryden you must pass a resolution for SEQR compliance and another resolution to amend the zoning • ' ordinance . You should act as soon as ' possible with SEQR compliance even if you don ' t act on the proposed amendments . . _ _ . • • ROLUTION # 94 COMPLIANCE FOR SEAR REGARDING NEW M-A ZONE NORTH OF THE VILLAGE OF DRYDEN Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that 1 — this proposed action of the Town Board is subject to SEQR and its rules and regulations and that the Town has complied with General Municipal Law Section 239L and Section 239M; 2 - that it is a Type I action ; 3— that the Town Board will be the lead agency and is the only agency involved ; 4- that the Environmental Assessment Form which has been circulated and labeled M-A Zone north of the ES Village of Dryden is approved as answered and • the Supervisor is instructed to sign the form; 5- that in light of the Environmental Assessment Form , and the criteria listed in Section 617 . 11 of SEQR Rules and Regulations this Town Board makes a determination that this action will not have any significant environmental impact ; 6- . .this " is therefore , a negative declaration ; 7- No environmental • impact statement will be required ; 8- that this negative determination as approved , the reasons for to be filed according to Section 617 ..10 with DEC , 50 Wolf Road , Albany , NY; , DEC , Region # 7 , Fisher Avenue , Cortland , NY; and the Office of the Town Supervisor , 65 East Main Street , Dryden , NY . - - .. - 2nd Clm Garlock Roll call vote - all voting YES Atty Perkins - you will need to act with respect to the change of zoning north of the Village of Dryden . RESOLUTION # 95 AMEND TOWN OF DRYDEN ZONING ORDINANCE CREATION OF NEW M-A ZONE NORTH OF THE VILLAGE OF DRYDEN Clm Garlock offered the following resolution and asked for its adoption : BE IT RESOLVED and BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF DRYDEN AS FOLLOWS: The Town of Dryden Zoning. Map , last revised . . • 7-19 - 74 is hereby amended and revised • according to the following description for a new M-A Zones as more particular,Zy herein set forth and filed in the Office of the Town Clerk : • M-A ZONE • All that area of the Town of Dryden bounded on the South by the North line of the Village of Dryden ; on the West• by the west line of lands of Dryden Central School (being the westernmost boundary of the Cortland Road Sewer District ; on the North by Mott Road ; and on the East by North Road thence South to New York State Route 13 to the Village of Dryden line . This amendment - shall take effect after publication and as provided by law . 2nd Clm Schlecht Roll call vote - all voting YES DISCUSSION SITE PLAN REVIEW Where you have a proposed use which is allowed by Site Plan Review and that use is adjacent to a residential zone there will be a public hearing . Clm Evans would like to have it modified to residential zone or residence . There was concern over the fact that the Site . Plan Review Board would expand to other parts of the zoning , therefore eliminating public hearings . It was suggested that a notice be published that the Site Plan Review Board would be reviewing applications for a certain use in a specific zone and a notice sent to the adjacent property owners . Clm Evans wanted to make sure that it would be known that meetings were taking place . . To clairfy that this only applied to the new M-A Zone and that the applicant furnish names and addresses of all adjacent owners within 200 feet of the boundaries , using the tax rolls and such other information as made available and the Town will notify the residents . The Town will have to respond within 45 days one way or the other with a definite answer . Add the wording all fees will be made payable to the Town of Dryden in Section 2302 , 9. remibursable costs . Delete reference to the part in Setion 2302 . 4 (A ) general considerations Item # 8 in the case of an apartment complex or other multiple dwelling , the adequacy of usable open space for play area and informal recreation . Atty Perkins - the Tompkins County Planning Dept was notified and they have responded that the Town is free to act without prejudice i RESOLUTION .•# 96 • COMPLIANCE FOR SEQR REGARDING SITE • . . PLAN REVIEW BOARD NEW ARTICLE XXIII Clm Schlecht' offered the following resolution and asked for its adoption : RESOLVED , that 1- this proposed action 'of the Town Board is _ subject to SEQR and its rules and regulations and that the Town has complied with General Municipal Law Section 239E and Section 239M; 2 - that it is a Type 1 action ; 3- that the Town Board will be the lead _ agency and is the only agency involved ; 4- that the Environmental Assessment Form which has been circulated and labeled Artilce XXIII Site Plan Review Board is approved as answered and the Supervisor is instructed to sign the form ; 5 - that in light of the Environmental Assessment Form , and the criteria .- listed - in Section 617 . 11 of SEQR Rules and Regulations this Town Board makes a determination that this action will not have any significant environmental impact ; 6- this is therefore , a negative • declaration ;; . 7- No environmental impact statement will be required ; 8- that the negative determination as approved , the "reasons for to be - filed according to Section 617 . 10 with . DEC ; 50 Wolf Road , Albany , NY DEC , Regio07 , Fisher Avenue , Cortland , NY ; and with the Office of the Town Supervisor , 65 East Main Street , Dryden , NY . • 2nd C1ia Garlock Roll call vote - all voting YES DISCUSSION- DISTRICT - REGULATIONS . • • • • - - • . • There was concern about the width of the buffer strip and whether it should be elevated and maintained . Also , the type of plantings should be specified as evergreens . . . It would be the boards responsibility that the buffer strip • be prope±ly ! planted and maintained . There was discussion about the boundaries near Sapsucker Woods area - and the proposed M-A Zone and the impact that it would have . Also the percentage of coverage in Section 1205 . In the regulation it states that no more than 60 percent Of the total - gross area of the site or lot within that 60 percent • is unpaved parking lot , so 40 percent would : be unused area . They felt that the 40 percent would be around the peripheral area and would act as part of the buffer zone . • The Board felt that in Section 1206 Item # 3 should read 15 feet from the property line plus the required buffer strip . Where a buffer strip is required the minimum set back will be measured 15 feet from the edge of the buffer strip . - - 1 RESOLUTION # 97 COMPLIANCE FOR SEQR REGARDING DISTRICT REGULATIONS ARTICLE ' XII C1m Evans offered the following resolution and , asked . for its adoption. : RESOLVED , - that 1 - this - proposed . action of the Town Board ' is subject to SEQR and its rules and regulations and that the Town has complied with General Municipal Law Section 239L and Section 239M; 2- that it _ is a Type I action ; 3= that the Town Board will be the lead agency and is the only agency involved ; 4- that the Environmental Assessment Form which has been circulated and labeled District Regulations M-A Zone Article XII is approved as answered and the Supervisor is instructed to sign the form; 5 • that in light of the Environmental Assessment Form, and the criteria listed in Section 617 . 11 of SEQR Rules and Regulations ' this . Town Board makes a . determination that this action will not have any significant environmental impact; • .6.- this is therefore , a negative declaration ''; 7- No environmental impact statement will be - reguired ; 8 - that this negative determination ._ as approved , the reasons for to be filed according to Section 617 . 10 with . DEC , 50 Wolf Road , .Albany , NY ; DEC , Region # 7 , Fisher Avenue , Cortland , NY and with the Office of the Town Supervisor , 65 East Main Street , ' Dryden , NY - ' .. • . 1 . 2nd CIm Garlock ' Ro11• call ' vote - all voting YES • DISCUSSION ;- NEW M-A` ZONE BOUNDARIES " There was Considerable . discussion regarding the boundaries and the Board felt . that they could stay 200 feet away from any Historic Site . The residents would like it left R- C and not M-A . . . The Board Members decided to table their ' decision regarding the - SEAR compliance in the M-A Zone boundaries . . • • . . • . ^"r. N1=N• . . 1'.., . may, . . t • - •` +• • Atty Perkins - the Town Board has not acted on the Flight Hazard area . We • . do have a reply from the Tompkins Cougg� ty Planning Dept . stating that we • are free to act without pre �' udice , - but\,. they would like more input on the private airport regulations . and :onthe owner , operator to define the level of traffic and the classification "', A r RESOLUTION4498 '1 COMPLIANCE FOR SEQR REGARDING FLIGHT HAZARD AREA ' Clm Schlecht offered the following resolution - and asked for its adoption : . RESOLVED , that 1 - this proposed . actioni, of the Town Board is subject to SEQR and its rules and regulations ' , and• that '_ the Town has complied with General , • Municipal Law Section 239L and . Sectidn ' 239M; 2 - that it is a Type I action ; ' 3- that the Town Board will be the lead agency and is the only agency involved ; . that ' ethe Environmental Assessment Form which has been circulated and. labeled• repealing Section 1604 of Article XVI . and adding a new Section 1604 Flight . . • " Hazard' Area as . approved as answered and • the Supervisor is instructed to sign • the form ;\ '5- light that in of the Environmental Assessment Form , and the criteria listed in Section 617 : 11 of SEQR Rules and Regulations this Town Board makes a determination that this action will not • have any significant environmental impact.; 6 - this is therefore , a negative declaration , 7 - No . environmental, impact statement will be required ; 8 - that this determination :' as approved , the reasons for to be filed according to Section 617 . 10 with DEC ; 50 - Wolf Road , - Albany , NY; , DEC , Region # 7 , Fisher: Avenue , Cortland , NY; and Officef/of the Town Supervisor , 65 East Main Street , Dryden , NY . . 2nd Clm Garlo&k Roll call vote - all voting YES • ' RESOLUTION # 99 AMEND TOWN OF DRYDEN ZONING ORDINANCE REPEALING SECTION 1604' . OF ARTICLE XVI • • • AND ADDING A NEW SECTION' 1604 Clm Evans offered the following resolution and asked for its adoption : BE IT RESOLVED AND BE IT .ORDAINED BY THE TOWN BOARD OF THE TOWN OF DRYDEN AS FOLLOWS : • 1 . Section 1604 of Article XVI of the Town of Dryden Zoning Ordinance is hereby repealed . 2 . Said Ordinance is hereby amended by adding thereto a new Section 1604 as follows : • • Section 1604 . Flight Hazard Area . • ( 1 ) For the purposes of this section " Flight Hazard Area " shall mean that area as defined by Article 14 of the General Municipal Law ' and pursuant to the applicable statutes , codes , rules and regulations governing the Federal Aviation Administration . • ( 2 ) The Town of Dryden Zoning Map is hereby revised to delete any . reference to the Airport Hazard Zone or Flight Hazard Zone except as to the extent such zone is consistent with a Flight Hazard Area established under Article 14 of the General Municipal Law and the statutes , . rules and regulations pertaining to and promulged under and by the Federal Aviation Administration . • / 6 i . . - — - - - ( 3 ) Alai use may be allowed in the Plight Hazard Areea of the Tompkins ,•ounty 'Air_ !oeet as providlee herrein .. ' . • i ( 4 ) No multi - family dwellings , hospitals , nursing homes , or places . . of public assembly . shall , Le .allowed . . in - an . area designated . as a . Flight . Hazard - JArea . for. . .arty. _ private .a .i. t ort or Ilie ) . ttport . - . • - - - - - . - . ( 5 ) " $ectore rally building permit can • 12e - . _i-ssq. ed - . for any • buiLdiN9 • o .r j use la- the - - plight Ha-raid. ftre a :of' the Tompkins• • • Cousity • : irp rt) The Zoning Enfotce ent Officer : shall be satisfied - • that such - building • . or • use • complies • with all applicable Federal , — state and local statutes , codes , rules and regulations . for the use or construction of said property - within a Flight Hazard Area . ( 6 ) . Before a building permit can be issued for any building cr use allowed in the Flight Hazard Area of any private airport or heliport , the Zoning Enforcement Officer shall be satisfied that such building or use complies with all applicable federal , state and local statutes , codes , rules and regulations for the use of construction of said property within a Flight Hazard Area . These amendments and repealers shall take effect after publication and as provided by law . 2nd Clm Schelcht Roll call vote - all voting YES Clm Evans - gave the Board members a letter from H . O . M . E . S . Inc . They would like to convert an apartment on Beam Hill Rd in the Town of Dryden to a home for the developmentally disabled . It is considered a single family dwelling for about 40 - residents . . IThey are proposing to operate a set of supervised ' apartments for individuals who are capable but not quiet - capable of taking care of themselves . H2O , U , E ,S. Inc . is required to give the ' Town Board notice of their intent and they have 40 days in which to respond . lithe Board disapproves of the site they are responsible to come up with 1 to 5 alternate sites . Clm Evans is on the Board so he will abstain from any decision making . Michael ! Lane - reported that the Village has received notice from the Senator ' s Office that application of the municipalities including the Town and Village of Dryden for the next phase of the .flood study has been approved in Washington . The soil conservation will be going ahead commencing in July and the study should take about 13 'months . They will be focusing on the recommended alternatives whir% will be the da'm site: above Southworth Rd . The phase study will be about $187 , 000 . 00 .yk. . . - I', s... .,f.'•' _„` ": `::�{'u c"'�”"v�y . . , . - . - . '• . •• 1.17 'lit Jt3 711 ,, ,` -` t ' v. Z . O . Stewart = reported that Judge Newhart would like the same action taken fl:' ;` regarding a zoning violation at 1tJ200 , Dryden Rd . parcel # 54 - 2 - 9 record of J �f` f I�;T �4 1 - _ •h�1 x. `it 1_ owner Elizabeth Zeiller . • ` tit: • fib ' ., • � • j , Y•• . . : i :. tn' I+ • . Y,,�,.., ,- I •, .. -f. RESOLUTION , #100 AUTHORIZE TOWN ATTORNEY TO TAKE y ' . • ' " • APPROPRIATE ACTION REGARDING ,, - ; ; I ZONING VIOLATION PARCEL # 54 - 2 -9 -t ; 'Clm Evans offered the foTlow4na2resolution and asked for its adoption : 1 RESOLVED ,: t that this 'Town Board' au•thorize the Town Attorney to take the ` .i:ft! appropriate action with, 'regard = to "the •. zoning ' violation at 1200 Dryden Rd . , parcel : # 54- 2= 9 owner. :of record--.Elizabeth Zeiller . , ' : ' Si?. , • 2nd - Clm Webb . I 40: • Roll call vote - . all voting YES : , y . t ; k t.{ ;I i . Adjourned'' LO : 50PM 1 a I • • } i 141144 444. Susanne Lloyd S , , r wiA it.:5 ��, 4 I t�ri ` S II t u�! �.. t F r t�? , t , , Y Town Clerk . . . •uo,rI'a . ,. to; +t ' n - �` b . t, t.3 I •... ,,I` r• ,� . 1 .. °I tf,j7+ .11� jt ' y�° r eta - •y } ,}. vi, ti 3(. i • at, .: , V$ . 1 7 T. SPECIAL MEETING a .` . ` t. x{;:. ' MAY t. I,, °1985 • - 4 . l' i+ Minutes of . the special meeting 'held May ; lst ' - • .. Supv Cotterill called the ' meeting to* order at 5 : 00PM Roll call was - by. the Town Clerk : ._ TPresent : ^ Supv Cotterill , Clm Webb , CIm Evans , CIm = Schlecht and Atty Perkins + Absent : Clm Garlock t 14 !T4The following order was introduced by. Clm Evans and 2nd by CIm Webb . : y _ . _ In the flatter II of 0 the Establishment of a ° proposed water district • in the Town of Dryden , • 4 Tompkins County , New York , •I to be kncwn as Snyder Hill 3B� Ee �� I..� I ;a � �� a £ _bE� 1� Water District of said Town • • ( rHEREAS , a map , plan and repert have been prepared in such manner and in such detail as has heretofore been determined by the Town Foardi of the Town of Dryden , Tom kins County , ?hem 1 York , relating to water district in said Town , such the establishment of a proposed mater district tc be known as Snyder Hill Water tistrict of the Tcvn cf Dryden ; and NHEREAS , said map , plan and report were prepared by Lozier Architects / competent competent engineers , duly licensed by the State cf New York , , and have been filed in the office of the Town Clerk of II . said ( Town , where the same are available during regular office hours for ekamination ty any persons interested in the subject matter thereof , and Lori= - _ ,. I • - '4 ! q �, :T. r :b '�.:.g7Ep (u 3Yb ".1. .PJ+: .ti.: 't t M° •; . - _+. . s.. ... w <fn L7TI 7i{IN . I , \ •\ ' ` T .11 .• l \-, . - -. . WHEREAS , said water district shall be bound - , and described as • set forth in A & eendix A attached hereto and rude a part herecf ; and WHEREAS , the improvement - proposed for said water district shall consist of the purchase and installatioA of approximately 2 , 000 lineal feet of eight inch watermain , including valves an4 - hydrants , together with incidental impeove_ments required therefor ; and aHEREAS , the estimated cost cf said imprcvement is S116 , 975 ; and WHEREAS , the proposed method of financing such cost of said amprcvement is ; by the issuance cf serial tonds of the _ aid Tern having a maximum - maturity of net exceeding forty years ; and that the cost of said iapravement shall be assessed , levied and collected from I the several lots and parcels ofland within such water district in . just proportion to the amount of benef 't Which said water improvement shall confer upon said acts Cr parcels ; and WHEREAS , i is now desired tc call a public hearing upon the question of the establishment of . said Snyder Hill Water District - of the Town of Dryden in the Manner aforesaid ; and pursuant to Section I 7 11/11 .ee 209 - d of the Town Law ; NOW , THEREFORE , BE IT CRDERED , b ; the Tbwn Board of the Town of Dryden , Tompkins County , New York , as follows : . Z&gtSan__..k l A meeting of the Town Board cf the Town of Dryden , Tompkins County , New York , shall ' be held at the Town Hall 65 East Main Street : _ , in _ _ _Daden , New ' York , in said Town , on the 14th jay cf May , 1985 , at 8 : 00 o ' clock P . M . , Prevailing j Time , for, the purpose cf holding a public hearing to consider the establishment of a proposed water district of sari Town as described in the preambles hereof , to te krown as Snyder Hill Water District of the Town of Dryden , and to consider the map , plan and report filed in . • t relation therec , and to hear all persons interested in the subject • matter thereof concerning the same , and for such other action on the cart of said TOun Board as may be required by law or shall te proper in the premises . gcliag _ 2,t ! The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Ithaca Journal _ , the of ficial newspaper of said ■ ' � . ; . ` . _ _ --- — t . . . ` it 'z , . • 'r ' 4 J i ' . 1 } . .` . ; .° .;k f , 1 , , .;i� ' • • . .1t - . . . .- - . .. ' .r I mill" r '1,ir Tr . . • ^f . • fir liar-. . aS L. , s-1f : G r \ . _ I •i • lr` . . i - _ , i# u. T » �kY ii.. �. - -.am -�° m r . -_ly - . .r r . ; = " .S,n' _ -. ...1. a a '. ' .' - .,I 'ki; ,y . Town , the first publication thereof to be not less than ten nor more K � . . I than twenty days . before • the d-ay set herein for the hearing as 1.. aforesaid , and ' sa1. d Town Clerk shall also cause a copy thereof to be gosted on the sign - board of the Town Maintained pursuant to J ` subdivision 6 cf Section 30 of the Town Law nct less than ten nor more than twenty days before the day set for \the hearing as aforesaid . ' 52QS1Qt. i This order shall take _ effect immediately . `` The Question of the adoption of the foregoing order was duly put , t : ;.° ". to a vote on . roll , which resulted as. follows : CLINTON E . COTTERILL Yes VOTING 4. '-' MERTON WEBB Yes f"� ` VOTING a;Tai, _ ssr� r _—rr '' { r'' VOTING CHARLES EVANS Yes • • : , GEORGE SCHLECHT VOTING Yes ` i— : VOTING •' - r i' Adjourned ; r 5 : 10PM r N� - , - l t 1 i . .. . s�,i 1 f � // • - .. $' Susanne Lloyd • k• . . Town Clerk . r . li • • • • . b t I ' t ii ,. •• 1 / - r . 4 _ 1, 1 I , . . . • . • • K• 1 . . . , t - r • 1 0 .• f i ' f � ( h` N I , I 1 11 kf -•, . :. •. ��< . .. / 1 ••1 �• 'f ! ' ' ,�, TV 1 I • • • � 1 . - I ` . r . Ir ' / r 1 f m' . 7 ' t . • . . . rill o f . S `. ` � "' • • . L 1 a. i i y1 3 d •' .ro . .. - e r k w: ' 1 r i � r it ! . • . . I , I I - I 1 1 . r e . . - I '. f - " t VI' I ' .. ' s . .." 0 +0. I .11 :9 I • - 7 . - I i a ■ . . • • ■ I1 I r . . . t • I` . 1 . 1 ,■ .r "