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HomeMy WebLinkAbout1985-05-14 TOWN BOARD MEETING MAY 14 , 1985 Minutes of the Board meeting held May 14th Supv Cotterill called the meeting to order at 730PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Schlecht , Clm Webb , Clm Garlock , Atty Perkins , and Z . O . Stewart APPROVAL OF MINUTES : Motion was made by Clm Evans and 2nd by Clm Schlecht that the minutes of •'one public hearing and board meeting held April 9th ; four public hearings and special meeting held April 15th be approved as submitted . if ' € e x PUBLIC HEARING # 1 SPECIAL PERMIT - Burrus Transfer , Low& :Creek Rd . May 14 , 1985 Minutes of the public hearing held May 14th at 7 : 30PM Supv Cotterill read the notice that was published in the newspaper to consider the application of Burrus Transfer Inc ( Allied Van Lines ) to extend their warehouse at 478 Lower Creek Rd . QUESTIONS' AND/OR COMMENTS Letters from Tamp . Co Health Dept and Gary Wood . Mrs Catherine Brown , 515 Lower Creek Rd - does not have any objection to the addition , but she would like to know how it happens that they have already started the building when the public hearing is tonight . Would like to ask their representative what kind of assurance they would ^have that they were going to get this permit ? Why did they go ahead and start the addition before they even had the permit to do it ? Barry Kasonhc , Burrus representative - his subcontractor started the footers and foundation while he was away . When he came back realizing he had started the Site work they applied for the permit not realizing there would be any zoning problems . The owner was not aware that the building he had just purchased -was not zoned properly . They have not gone any further with the addition . . Supv Cotterill - it is an allowed use , but by a special permit . • Barry Kasonic - - the owner does have a schedule for the 1st of June for completion because there are people who want the space . They have the foundation and footers in , but have held off on having the building part sent until after tonights public hearing depending on the outcome . Mr Levin , Hanshaw Rd - has no objection to the addition , but there seems to be a violation of the zoning and wants to know what they can do about it ? Supv Cotterill - no one was aware that there was a violation . Mrs Brown - was not clear on the ownership , Burruss has rented this place for quite awhile from Treyz . Did Burrus buy this property without knowing what. .zone they were in and what they can or cannot do ? Barry Kasonic - to the best of his knowledge they are in the process of buying the property now . Mrs Brown - what they would like to say is that they have no objection with what Burruss people are planning to do . It is in line with their present building . It is along Rt 13 , and does not impact further on their neighborhood . What they don ' t • like is the way this is being handled , so that it has gone a step beyond the public hearing , before we even have the public hearing . They have been told that they have all kinds of protection in the zoning ordinance or under the new amendments . If we don ' t have the protection under the present ordinance , how can they expect to 1t`�� "Y'. • have more protection when it is a M-A Zone ? 4,; �,f # ` Supv Cotterill - wants that it has been discovered that it is • in violation the Town has the obligation to enforce the ordinance . The procedure would be that the Town would serve a violation letter and give them so long to comply . Then the Town Board would have so long to decide whether or not to allow it or make them remove it . The Zoning Officer has the power to serve the violation letter . Z . O . Stewart - Burruss came in and applied for the permit . They did not realize that they had to have a special permit and since that time they have stopped the work until after the public hearing . Closed public hearing #1 7 : 45PM • TOWN BOARD MEETING - • COUNTY REPRESENTATIVE . Co Rep' Tillapaugh - there seemed to be a problem with some of the lines in the redistricting and the house numbers that would be ' involved . Town Clerk Lloyd said "that she had talked with Board of Elections and it has been, resolved . . Also , a request from. Cornell Univ , ,:bn Stevenson Rd to• b • considered in the proposed water study area . . . CITIZEN PRIVILEGE OF THE FLOOR Mayor Lane - request for the Town Board to consider installing a streetlight at the intersection of Springhouse Rd and Rt 38 . ' If the Town 'would consider the light at the intersection the ' Village would install a li ght_ halfway between Rt 38- and, Rt _73 on Springhouse Rd . . . Supv Cotterill - the Town Board will consider it , but it will have to be in next years budget . . . Shirley Hine , Besemer Hill Rd - the road they 'live on has been a project and worked on and not finished for' over 2 years . They have been promised stone and oil for 'over 5 years and every year something happens and it is put off . They wanted to know what procedure they have to go through to get the Town to get the road finished . . Supv •Cot.terill - has . a list of roads from the Hwy . Supt what he plans to _ resurface in 1985 and Besemer Hill Rd is . on the list . He will speak with Greg and will let , you know what is going to happen . . . Mrs Brown - what actions and decisions are you going to do on the agenda later on . this evening' with regard to zoning? Is the Board planning to have another public hearing on the Site Plan Review Board ? Are you going to vote tonight : on the" M-A Zone that concerns their area? - • Supv Cotterill - he' intends to ask the Board members to make some kind of a decision as to what they 'would like to - do tonight , and until that time he cannot answer , Mrs Brown - they will have no time later for further input . Supv Cotterill - it depends on what this Board decides, to do . That is their decision , right now we have had 2 public hearings and the decision is now in the boards hands to decide what they want to- do . There are alternatives , adopt what has already been discussed or start all over again and hold, more public hearings . PUBLIC HEARING # 2 PROPOSED SN*DER HILL WATER DISTRICT • May 14 , 1985 Minutes of public hearing #2 commencing at 8 : 00PM Supv Cotterill read the notice. that was published in the newspaper to consider the establi;shment .of a proposed water district Of said Town as described , in the preambles hereof , to be known as Snyder .Hill Water 'District of the Town of Dryden , and to consider the map , plan and report filed in relation . thereto ,` and to hear all persons interested in the subject matter thereof concerning the same and for such other action on - the part of said Town Board as may be required by law- or 'shall 'be proper in the premises . • QUESTIONS AND/OR COMMENTS . . Supv Cotterill rea'd 'a letter from Charles and Eleanor Foote opposing a water district for their property . . Also received a letter stating the needs and reasons why people are proposing and supporting a smaller water district . Atty. Perkins - a public hearing .was called after the Town received from Lozier .Engineers a . map , plan and report , which .has been ,filed with the Town Clerk . The intent of the Town Board was to encompass as • large an area as .possible giving the confines of the existing Hungerford Hill tank in the Town of Ithaca . The residents in that area have proposed a different area . to be , served in response to the larger district . ' The new proposal would spread the cost . over • a fewer number of parcels , therefore the cost per parcel will be higher . I . C1m Evans - he had attended a meeting with the residents involved and their major concern is that they might incur large additional expenses if construction took place in the water district in the undeveloped areaTwithout having any control . Their concern is that if the undeveloped land was developed and water lines were - put through they Would be forced to pay for the construction . He tried to assure them that it Would not happen , that is not the intent of the Board . 0Atty Perkins - the more area that is included initially as construction would be that the parcels included would bear less 'of the cost . If there is a further extension made within the district that extension will not be born by the houses already served . Shaw Reid , 333 Snyder Hill Rd - they have checked out through the tax map the total amountfof taxable property in the whole area and they find that the houses in the area that they have marked - of the - proposed map is $1 , 060 ,000. 00 - The total taxable property ih th'e whole district that you have outlined is $1 , 202 , 000 . 00 They are, only talking about $100 , 000 . 00 difference in. .the total price . As they.. understand it , legally. or otherwise it does not seem fair to them to turn around and charge people . who are on Rt 79 a major amount of money for their district . Likewise , when someone else developsthey don ' t think that it is fair that they put .into their district . As they - understand the situation the formula can be set , but likewise - the formula can be changed . For the people in the district they would rather pay a slightly higher cost initially and know that each year • it is going down as the bonds are paid off . thateis the feeling of the 29 people. who _ have signed the petition .. They do not think that there is any legal way that they can be assured that the formula for the calculations will be changed , and the extension . would be added into the whole_ cost of the area . He does not think that there is any legal way that you can assure him beyond the creation of the smaller district that it will not happen . . Atty Perkins - the purpose is to extend the line up the edge of the road . Shaw Reid - they are talking about a half mile from the edge Of the road . toward Rt 79 , . • Atty Perkins- -. the proposal is hot to put that pipe there now . The 'proposal is to include that area in the district , because• that area is possible to be serviced by this extension . . . . Shaw Reid - they recognize that , but . there is nothing to say_ that 5 years . from now , .someone might want to put :a . pipe all the way down. to Rt 79 . Atty Perkins - at that time the assessment is based upon the parcels then benefited . . Shaw Reid - wanted it shown to him in writting , that this is a legal statement . Atty Perkins — Town Law , and he will check on it after the meeting for him . The Board has made a decision that this is assessed . on a benefit basis . If it is already assessed on a benefit basis when it is extended along the road then within the district there is any increase or improvements of the facilities that increase or improvement of the facilities will not be charged back against the properties already benefited . • . Shaw Reid - if that is . true than why does adding any of the lower. property , because they are not. .going • to •benefit from their water district , so why add them into their section . You can create a second district anytime you so desire . Why not give. them their district of 29.. houses and get the thing on the. roa'd , , get it . constructed and. get them some wafer . . Atty Perkins - it is easier for future extensions within an area which is already constructed as a district than to form a different district . If that property already exists within the district there is a procedure what is called an increase or an improvement of the facilities , and is a relatively easy and short procedure to extend -lines in the district . That is the reason that the Board wanted as much possible land included in the district , even if . it wasn ' t going to be served at the present time ,. it is going to help pay for it . It becomes a planning consideration . . Shaw Reid - if that is true than yon have plenty of time to have Snyder Will Dist # 2 and start now .and not . have to do it under the same type of system a that they have been working on this one . . ' Start planning now . for Snyder Hill # 2 and lets get . # 1 . going . . Atty Perkins - if the owners of this proper.ty . came with a proposal to develop it with 200.. home sites you would have no : dbjection about . extension of water and Sewer ? Shaw Reid - he has no objection morally for them extending it , but he would at the current time have objections - to adding it onto Snyder Hill # 1 . He has no objection for them to develop the land nor does their proposal restrict any development , because there is a 50 foot r-o- w off the pipe for Snyder Hill plus there are two other pipes in Eastern Heights that could service the area • u:1 at a smaller number of feet than corning off *Snyder Hill Rd , so that is not his concern . They realize-' the fact that even though this will delay the time period of another month for another public hearing , the people who are even out of water , are willing ' for the delay . Supv Cotterill - - are you saying that if the Board .. wants to form this district as the hearing was published you people would oppose. that ? Shaw Reid - we haven ' t said that yet . We haven ' t made that decision and planned to offer what they consider a very reasonable alternative .and see. if the Board is willing . to - accept that offer .- • - • - - • - • Atty Perkins - you don ' t have any objections to two districts ? Shaw Reid .- no , non whatsoever . Atty Perkins- the one as you have ' outlined in green which will presumable take care of the psychological problem that you have as to whether this Board can assess it against Town Law and thereby creating this other district which currently will have no benefit at all at the present time . Shaw Reid - that is perfectly okay with them . Atty Perkins - he doesn ' t think that it can be done because there is no benefit and you can ' t make that determination of the properties benefited . Shaw Reid - that also fits the taxation associated with the properties down the hill , there is no benefit on most of those properties . Supv Cotterill - still raises the question from all of that he has heard from the residents there the seriousness of the lack of water there . It seems ludicrous to form a district to leave a house out that is already within 100 to 300 feet of the district , and that house within 6 months could • be seriously out of water . Shaw Reid — they have no objection to drawing the line around the one house . They . know that the Town can indeed form Snyder Hill Water Dist # 2 . You don ' t even need , according to the law a petition as we had prepared for . Supv Cotterill - looks at it at a different angle , since he has managed three sewer districts and two water districts and maybe two more . Two water districts , adjoining for someone to administer different formulas does not make sense from his point of administration . Shaw Reid - his point is that they only need one , and that is drawn out in green . They are the ones that are going to pay for it , and they recognize that and -are willing to do so . Supv Cotterill - assured them that they will pay less with the proposal as it is proposed tonight . Five years from now any board can change the formula . They could change the formula in your area that could double your costs . Before there is approval of a subdivision the Planning Board will require the developer to have the water and sewer - .available . This will always • happen when a developer comes to the Planning Board with a design . Shaw Reid - that will be the way that the area is developed , one house at a time . Their question becomes if one house is built ; just below the Underwoods and another house is built across from that one , now there will be enough to run a new line down there . • Who is going to pay ? Supv Cotterill - the person who gets the approval from the Planning Board Will pay all costs . Shaw- Reid - he can ' t see that as far as any of the regulations are concerned . Supv Cotterill - where have - you seen it happen otherwise in a subdivision in the Town of Dryden ? Shaw Reid - he has not seen it happen in Dryden . He is looking for a legal way , • that you can tell him that it won ' t happen . • Supv Cotterill . couldn ' t believe that our Planning Board would ever : allow a developer to set up a subdivision and some other people in the district pay • for the pipe . Our zoning states that once you have built 2 houses on any parcel you cannot do any more without suddivision approval . Shaw Reid - within a certain period of time . • Supv Cotterill - it will still have to go through the Planning Board . It will not be any cost to you people , but a reduction in your costs and also help your water bill . The more water Bolton Point pumps up there the lower the water rate will be . There is no way that it will cost you more . He does not understand limiting a district that does not take any pressure that will cost you any more and can reduce your costs . No one will ever ask you to build more pipe on undeveloped land . All the pipe that you will ever pay for will go in one section . • • r; Verh ; Gambrie1 , -. 357 Snyder- Hill Rd - they are looking for -some clarification on ' the costs and the related costs over ,the next 20 - or 30; :years . It appears • `thaE they would possibly be subsidizing' an expansion in this particular water district . It looks like according ' to thel :map that you could put in . another ' 1100 76052.00 houses , _ which could conceivably raise the tax base for Dryden , more { xreveriues , and those people if they share in •a water district could conceiveably ' buy : water c heap. er , ' and that the cost for the. ' initial investment could be spread over ,,some of. those 'homes ? 1Is that - what yap .. -_are saying? . . - • s ' i: Supv ; Cotterill - Bolton • Point is setup so that anytime that they can increase tither consumption ' .mill- help you , it might not lower your costs , but it mag keep water rate from ' going, •higher : " The ' only thing that •is keeping the . rate . A=from ' going out of sight- . is volume . . Vern ' Gambriel = ;if we. went , along with :' ith this water district how long will it take toget work star`ted . on " it ? They • are anzious to get as water district going . soon . Letter from THE DRYDEN - C r M : JAMES GUTEL I IJS ( 352 SNYDER HILL. RD . ). DATE : MALI 12 , 1195 - . SUBJECT : PROPOSED SNVDE:I • . i-4IU RD ;, WATER . DISTRICT . • .. . . . D ear Board Due to conci tt. ments out of town on May 14 I will not be able to attend The public hearing conccrnin9 the proposed water district . K would appreciate the opportunity- of _ entering 4nto the record the following Statement rid my Concerns : . . Told 1 a ! e., •to request that the boundries of the t ' tt modifi r, d c those set. . . forth in . pro po sal number 1478.ar.503. submit d by Loz er • Eveigineerini and dated April , 1985 . It would make a great deal of S2VQW • ;o . include in this 4igtrict oniy thot.,- !properties; havini. c ontege or 1 Sqa . ac hsa rights along th Sa yder thU Road right of Lay . MY raticnie is as follows : , , . - • _ . . - / , Thi. ?:i is the group of horeowneirs that original let Regyested tit• c eati rn Of the & strict . It is clear that these arm •late reopie to:irio (trap tt-1 y- have s±eri ou:,9 wat. er -9'tuanttty and / or cletra l P tty 7roblewts which }, k i i•' . t°42sd xslres=scdiRt attention .. I . . . . - £ � . , There is , to my knowledge , no public record of any formal plans to cpe to a oilier lubdiviSi tcl in - t rye landlocked trim:: lying sb r R o' dside properties . There. :: i � s ther ��r�� , a I a�� co� stn° interest O$ the part of the current homeowners and the owners of the t le etorect rind . o - - - • ' '.T.'d"Mfi'T� e r if au•�gi +i �'� s w+, •r,w.+mw+'^T' __;x-• .r..: e . f , v+ n - .'i• i } fix �ti t w 1 ° ■ '.i r 1 � 'YrAu+p.M' t, n+sxsacmra.agv.,m..r.,eas++.sr. , . . 7.5 3 . Should a major development at some time in the future be pr. oposeds I Question whether , even then , it -would be reasonable , sir , for that 0 matters possible to have such a • potentially large area served from the wester main proposed for Snyder Hill. Rd . My skepticism rises from the engineering report which addresses • •the flow rates and pressur _ee wench _ would be : ',ailabla at the end of the main . should a significant number of housing units be added to the system , as would be the case �, n a subdivisi *fin • it seems quite realistic to : expect the already critically low pressures at the end of the line . to i di mi ni sh to unacctgetable levels . If this indeed were the case , ' it • would be ecess. ry to include addi ti.onal pUtpi ng and - storage equipment , and /or , �- : fic do to ` the Hung - ford Hill supply tank . Such 14 .e , investment es�l a than ti. r� t s , 4 i th t the assurance of i j dev ' l ment i n pia 4 b . o w• 5 , .. ' .. . . 'r ° tM immediate future' s = uld be nappropriatee or 4 Yj `. .- d t "' „ J Yr• '.gt . ] p t t 4 1 it 4 , 4 4 ,I ` ee concerned aver.; the.t�,f1f flcia1 effects of expansion of the £K4„ ' s % ter after the original ' ysm t -. has been completed . Should a new T .. = ` 4 , water mai r44-be tapped i to the Snyder Hill line for the purpose of I ^ ' suppi yirig a 4a vei gpman i n . the lands to the south , how would the cost 4 '. •t o such construction be di tr ai ed? Logic wouldd dicta to that those f housing ag t t w ,d „directly eserved by that new line would i t absorg ' the f e T e t g and. . the ' assessments of those on the original .: nyce . 11 tnuld ^emain Eunchenged . If this would be the cases $t C ,n,,'. . . 1. and ca ul dk tb ,guarantee the ea+ la h laws th s part i eul ar concern would d �• u ;:, . » 3el 'be i- e•l i eyed w ” y}` + ! E., - . "• 4 j t Cry}S ' ° In concl a s; on 4I , wou d like to reiterate my concern that the serious , � < - - 14.4 t 1 1 nature. of ;ghe water supply problem along Snyder Hill Road requires t mediate attenf i n . Our concern - must be for the wellbeing of the ° ! 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Y3 ��'�7Sv', Y S yL� 4,A-1.In, ,p,,, t' r`t:4 4iffetel' 3 , S i ° -, tk $r; •N \r e =.y e4 ^M e4 A Z Y t 4 l y ..' - - J' �'A F( t y “P1/4.311i , �' S, SWi .. i J 's fi f f r iY Sr .{ 9T r t ..fi C3 CA `�Y”-. { �.d.. ! . s`t.`...4g ..A..“2. .e".,....+.Frk iIti Yu, : ._ ... 'li . Nrd fit, r .a. ,���', tt : '`>.. , . ,. .:hi, (' . r ,.,TiO r. !'S. - , ;� °, . 1 � ; ii 6" Atty Buyoucos - a statement was made that some subsequent board could change the formula and double it , they can ' t do that . NYS Dept .of Audit and Control are laying down guidelines for the establishment for a formula . All the law says is that there must be some relationship and some benefits derived generally related to an increase in the value of property . Also , the statement of the Planning Board will handle things about who is going to pay for what afterwards , is not correct at all because the Planning Board has no jurisdiction . Supv CotterSll - did not say they were going to set anything , but that they would not approve a subdivision without the developer having plans for water and sewer lines installed at his cost . There was nothing said about rates set by the Planning Board , but they do have planning for subdivision approval . Atty Buyoucos - they do have something to - say about approving a subdivision providing that there is public water there . The Health Dept would have more of a concern at the present time because it is on a slope , so would the Health Dept approve 100 or 200 houses there ? The Board keeps telling the people that It is going to be cheaper for them . They are exercising their rights to say that they are willing to pay more , as opposed to the administrative advantage to the town which woul:d . onlyindirectly affect them . The 22 resident owners here tonight are concerned , the ones to who this Board is primarily responsible to , not to any future developer , but - to owners who have bought their houses . This is what they want . He has read through the minutes and there was a statement made by Mr Underwood that he thought that there should be a requirement to hookup within 5 years . These people are very - much concerned about why' " the big push of the Town Board to include . this- extra area , when there are no plans for development at the present time . There is a fifty foot strip that appears between 2 parcels , is that shown as a town road anywhere on the official town may Atty Perkins - no Atty Buyoucos - So that is actually owned by the Underwoods or Prince family . Assuming that the larger extended district is established what mains will be constructed not ? Atty Perkins - the main along Snyder Hill Rd . Atty Buyoucos - just the one main along Snyder Hill Rd about 2000 feet . Does the engineers map , plan or report provide for a lateral main running south from Snyder Hill Rd either through that 50 foot strip or through any other part ? Atty Perkins - no Atty Buyoucos - there is no plan in the map , - plan or report which refers to the present plan including any lateral water main running south ? Atty Perkins - when you say lateral main , do you mean distribution main not lateral ? He wants to make sure because there are going to be laterals to all of the houses . Atty Buyoucos = he does not mean a house lateral . Atty Perkins - it should be called a distribution line that will service other areas . There is no such plan that he ' is aware of . Atty Buyoucos we they would want to have that definitely shown . Atty Perkins - there is nothing to show . Atty Buyoucos - he has not seen the map , plan or report , but wants to make sure that it is not there and that the record shows that this Board says that there is going to be no distribution main running ' south of Snyder Hill Road . Are .thei residents correct in assuming that the maximum costs does not include the cost of any lateral , distribution main running south . In other words the maximum cost as the present map . , plan and report and that it includes only a point of connection for any future use . Atty Perkins - that is correct . Atty Buyoucos , - assuming that someday lateral mains will be constructed running south of Snyder Hill Rd , how will the costs be assessed at that time . He assumes that no part of It will be assessed to the original property owners on either side above the green line . Atty Perkins - - that is correct . Atty Buyoucos - are you proceeding under Article 12a Section 209e , is that where we are tonight ? Atty Perkins _ right now we are on 209d , the Board will have to make that determination 209e . Atty Buyoucos - that is what we are proceeding towards 209e , this is what they are asking you to do is hold off with 209e . Assume in the future the owners of that undeveloped land south and also including the Underwoods with their house , assuming that a pipe is going to run down that lateral distribution water main , under what section would you be proceeding ? • • Atty Perkins. - under Section 202b . increase in the amount of the improvements and facilities . • . Atty Buyoucos - actually that is what he - thought until he read it . Atty Perkins - it is what the bonding attorney 'has told him . _ .. Atty • Buyoucos .- ' that ' section says that 202b appliess for additional facilities other than `lateral lines which are established 'under Section ' 199 . Atty Perkins - 199 is Article. 12 and we . are under Article 12a Atty Buyoucos - 12a incorporates by its preamble the . provision of , Article 12 which are , not exactly applicable , . Atty Perkins . - just .for the record you use the same bonding attorney . Atty Buyoucos - also at the end of 212b subdivision 1 - that any cost or expenses incurred under this section will be assessed . to the district . There is an opinion issued by the State Comptroller . which has agreed with what you have - been saying but , in his last sentence he states that the Town Board may assess the cost only to let ' s say the people south of the green line . There is no question at all that if 'you form Snyder Hill water 'district the way - the residents Have proposed , this is all ' developed and all property owners . You don ' t have the undeveloped land downthe - hill which creates different problems and With a terrific unbalance hot - only in the -state of the land and the topography , but also in the assessment . You can either .create a second district , or you - can create an extension #1 . In terms . of time , either 199 or , 202b you will - have to spend _about the same amount . of time . You have to have petitions , and there has to . be a notice . published. . It isn ' t an automatic( process that the line is going by on Snyder Hill Rd and then all you have to do is say let ' s just ' put it ' in : Either by resolution or by petition under 199 - or under 202b which will take about the same athount Of time forming . a new district . He does not think that the administrative expenses is going to be different because he does not see how- anyone can predict now that - the. formula for the area south of the green line should be the same as for the established houses . Under 202b or under 199 you have to have a benefited area and work within that area . Suppose your district is formed now , suppose 2 years from now the developer of • the undeveloped land comes in , the Planning Board will be concerned about the number of lots any you will want to know the number of lots that are going to be involved . . - ' You can go ahead then and form the extension #1 or- you can go ahead 4nd- -form a :seperate district . ' These people then will have some assurance because they know that -under the existing law , that if , you are creating ah extension to a district there is ' ho question ' about itthat ' the cost of the facilities in that . extension are _ to be .born entirely by that extension . On that basis if this . Board is primarily concerned . to the resident property Owners and not the " owner , of some undeveloped land , which will be sold at some undetermined time in the future and under what conditions we do not know . . --He felt that they have a point . They recognize the power of the Board to ° do what you want to do now . What they are saying is that if it: can ' be demonstrated . without any •. doubt ; they do not care if - this extra land is included : . This Board has to . be concerned especially since • there are not immediate plans for the development south of the green line . , Since the . Health . Dept will .be very much concerned about it and the plans for getting sewer up there are not very promising at the present time . If it looks- as if construction is not going to start for awhile and will not solve anyones problems this summer maybe - there should be more talk about it or you should go - ahead and . proceed to put the district in as these people have proposed . As he has read the minutes from previous meetings , that Mr Underwood would not like to hook. in Pots 5 years and also they did not have to worry about water . _ . He would be glad to, discuss - it further with Atty Perkins . Atty Perkins - we ate not necessarily advocating one solution or another . This whole proposal goes . back to 1978 , there has been . talk of forming. a . district . There , has been water problems and preliminary studies have been . done , proposals , meetings , petitions and what was . involved last year was a commitment on the Board " to . include in _ a ` study , which _ we now have , as much of the area as . possible which could be served by the Hungerford Hill tank . The Town Board tired to find out whether - people -wanted to be "included in the district - for the purposes of the public hearing , which follows the map ,- plan and report . There was some period of time that went-by before these boundaries were - finally firmed up as to what would be studied - as to whether( it could - be " served . _ The map , plan and report that were filed was the product of that input . The map brings us to this public hearing . If it turns out that strong development plans, and was sure that any member of the Town Board knows of any , or interest in that property . It is included from a planning stage , that it is developable land and it was included at the request of the Underwoods . As far as he knows at some point it could be developed . The thought was that if it could be served by this extension as Some future time than the only thing that would really be saving would be the permissive referendum on the formation of a district under Article 12a because under 202b there is no permissive referendum . That was one of the planning considerations as n II 1 I far as the legal aspects of the formation of the district , to be included to begin with , than we do not have to face that question later on °as to increase or improve the. facilities .' It is definetly a Town Board decision . If there are modifications in _this map , then .the Board must specify What the modifications are and schedule - another public hearing . nof sooner than 15 days and no more than 25 days from tonight . Once it- can answer theiquestions 'in • theaffirmative under SEAR compliance you • can then. establish . the district .. "He . Would like to point out to these people that - after. a resolution _is made , there is another ,45 day period for a permissive referendum which cannot be waived. Supv Cotterill - wanted it made known to the residents about the .time period. Had the residents planned on having water before the end of the year ? Atty Buyoucos - he ' asked them that question at their meeting and was not quite sure . - He wanted • to knew ' the Boards timetable : . . • . Supv Cotterill - the Boards aim was_ ._to have water there this year if , there were . not to many delays. .. The bid time is 45 ,days . . , . . . , Atty . Buyoucos . -- there Was - no 'question that the . projection for extensions , : not extension districts ;• but eatensions • of lateral distribution -water mains would be charged against the -area to be benefited with that .no part would be charged to - the property • owners along ' north . of the green line . When he looked at 202b , it states for ' other -than latetal .• lines established under. 199 . ' ' He thought ' that this public hearing should • be adjourned and .get this cleared ' up from audit and control . Atty .Perkins - this Boards. position on how fhat lateral extension might e assessed 'is from past_ experience_. Past experience .is ..that they will only consider in . assessing .i t against .the property. . for which _it will be benefited . , _ _ Atty. Buybucos - if we can find that exact:. wording • to -agree ' on i,n ' 202b Wand ' 199 to . relay . their fears there ' Wbuld be 'no questions . - Closed public Bearing on water 'district. . - ' TOWN .BOARD MEETING ' . ATTORNEY Atty Perkins e• regarding the proposed water aid ' sewer study in ' the area ' between NYSE& G and - the. existing district in Vàrha. and on Turkey Hill - Rd as far as ' Stevenson Rd, ' ' At the Boards ' ditection he ' will prepare the ' appropriate resolution for. adoption ' and publication • ' ' • • . No decision has been made . with .. district regulations • regarding _the . M-A Zone . and _ the Site .Plan Review ,.Board , near . Hanshaw Rd and Lower Creek Rd . .The new M-A . Zone . north _ of the :Village of Dryden . and` the Flight Hazard area have . been . ° adopted and .published . ,. . - . . Since: :there were Changes/ Made in the Site . Plan ' Review Board and district regulations the Town -Board should schedule ' another ' public hearing to be 'held oh June 10th : RESOLUTION _ # 101 ^ ' SCHEDULE . PUBLIC HEARING _ SITE. . PLAN • _ .. _ . .. . REVIEW BOARD . . . _ . . . C1m ' Evans offered -the following resolution and asked -for its adoption : RESOLVED , that this Town Board ' schedule a public -hearing on June ' lOtl with - the modifications made for the Site Plan ' Review Board . 2nd . Webb ' • ' Roll call vote - - ' all :voting ' YES - ° RESOLUTION #102 SCHEDULE PUBLIC HEARING DISTRICT . . . • • • : REGULATIONS IN M-A • •ZONE . .- Cim Evans offered the following resolution and asked for its adoption : . ' RESOLVED ; . that . this Town . Board schedule_ .. a . publ :ic hearing oh June . 10 with . . - the modifications . made .for the district regulations in the new 111721 Zone . . - . 2nd . Webb.. - ' . - - • Roll call Vote 7. all voting. _ YES m . . There was ' -considerable discussion regarding the boundary changes in the M-.A Zone: Clm Evans felt that the ' Eight-Square ' School house' should • stay ' in the current R= C Zone . • C1m Evans ' made -a motion to schedule another ' _ public hearing with the new boundaries to exclude ' the school house . gC Y4'ZfP SyRk 'Al i U<.Y'y'!%NL; 'pF#k ..4 Fps, r T4?s •t a r'NCr'"4•s• ?*. Z rc 'ti S x' c %4 ,4 Y 4 r .. y. 1• ; f IMO 44 5i f 1 . . 07+ •_ { e , . a 3/41,1 fi • y ` • • 3 SY• Y 4i �,' xi { t . , 34 . vk > Jet t ' , *kVtr" d ^ RESOLUTION 1/ 102 AMEND TOWN OF "DRYDEN ZONING ORDINANCE .'_ tcAtl� ,; CREATION OF NEW M-A ZONE ROUTE 13 i' -' w 4 ' ' } 1985 ,. J i ?wa • HANSHAW ROAD AND LOWER CREEK ROAD AREA .-1,c�l.e ear a ;, , . _ „` 4 . !• . .• r� - . • rt;Cain tSchl'echt offered • the foi1�owing °re• soiution and asked for its adoption : ,y .{a Ha ? �,,` z' CBE :IT :RESOLVED and BE IT ORDAINEDI:BY `-THE, TOWN BOARD : OF THE TOWN OF DRYDEN ' +it:: ''"'AS FOLLOWS . ' , • A . 44 r d ” r a t s.*' '1F -� . 't' it L2W " Y Ip° T: r , c aFy tt,4 • p ' t s. . 1 : The ' Town- of , Dryden'. Zonings Nlap , last revised 7-1. 9 - 74• ' ; ` ' is hereby amended , and revised according to the dG -rkr �' + followin descri trop for� ' a : new M-A . Zone as more � /4;1;5'41 c 9 P •7 i;H c' Jti ° f ' ' pa.rticuliariy " set , forth a"nd, filed in the Office of 7 41,x. ; , , 14 the t' TOwn , C1erk • h ; i „ �� . � 4 44 4.i�+':.:: . ..w 4 = i'- �uvd11.:... L ,d c . � v: '1 .r.�. - _ [p� k 1•2{ M - !. l ZONE • Beginning at a point in the north line of New York State Route 13 where said north line inter - sects the common town lines between the Town of Lansing on the West and the Town of Dryden on the East ; proceeding thence North along said Town • line for a distance of approximately 1 , 065 ' to the . : northwest 1t corner of Military Lot 41 ( this corner also tieing the `. southwest corner of Military Lot r ` ' . `.31' ) ; proceeding thence East along the common lot • . ' ; i. ne between Mil. itary .Lot ' 31 on the North and ` '. : ' i1_ itary Lot ' 41 on : tt e South for a distance of• ' ? , 600 ' to the northeast corner of lands of Cornell University ( Tax, Miap ,Parcel 42 - 1 - 2 ) proceeding 3 : : ` "fence south for a distance of 450 ' to a northwest corner of other. lands of Cornell University ( Tax `` ; ap Parcel 42 - 1 -' 12 ) ; p roceeding thence east along the north line of s:a, id • lands of Cornell University • 2 . for a distance ' of , 250 ° to the northwest corner of >remises •: now or •, forMe• rl. y of English ( Tax Map Parcel ( 42 -4 - 14 ) ; proceeding thence south along the west 4 : nine of said English premises for a distance of • . / 32 ' to the southwest corner there - of ; proceeding I thence east along the south line of said English • ?remises for a distance of 130 ' to the northwest corner of premises now or formerly of Barnum ; roceedi ly thence s � uth ' along the west line of said w . B rnum premises ) . for . a distance of 1809 to the. 'K., 4bithwestt corner . there,of ; proceeding thence ' 1 ` "t s ' L e.1ct fo * a distance & of '300 ' to a point in the 'k.4k C F4.,:4'.'L-: a i. • . , > , r . • , 4 0 nTtenlirie of : Fiansh w, , . ,Qad ; proceeding thence south ' t 4i fl ' ' i 71110 -rig ben ter .. . tne :of. Flanshaw Road for a , tf , k di s �- ance o : E .00 ' ; , preceed-i-ng thence east and Pia '4i -e:ezi ,, • 3 {; .a' C [rC ' , the . n1e '.4 ! , k. ' k .`nPr: 3f eternises now or formerly e-a v ' 4 � ,.r4 ,, • t { e : '. + ' i , d map -Parcel Noi. n } hyx S r. race:}aa ��c� ;✓1 ;_ �'� �,� *4 ;£ : V.1 YZsF `t 1- ” ? 7 : ; and .,ian s f Lornca11 : University ty for a ��4 •' °,Y • die' t- ance of =. pproa�, .:. l att^ly 546 ° : to a point in the y1 ,� nfar } q 3 i " �^ pp �Y t]xt's, y y i 'ty '' , '4Tax Map -, ,L" nortrh , il, r. ne of lands-e of, , Cornel . Uni. �: ers ra I A � } � "~� ; ' t � x`arce 2••c ;:• 4 ? r i r 1 0. :4 ;1 • ;?xoceeding : thence generally r h ling of • t.h ' Cor nell: • ;�fF S. . ▪ s,4 ,; ; ,g, ;,1 ;• �11 ' • r.∎e a v. s �i 3, I I) .I tc. �,h_ : centerline of the : abandoned•sir x<r yy, n t',Y 4 �• , 5 ;4e> .O \fe c. o� a �dj proceeding ccth� ence along aid ' center. ,y' v.4 j•{ •}[s i • .,y4' �x ' .9.1S4 "4 " , .`n «{ fad ' CA Las s La �i e tAP 4: _3 0 = t l.. e �` .• 1.t . " �t east "S. n - of IS f4; > � ' it �� 1.4 n= sl nfS ea j. o. : Cer. neli1 Una- v�er•:' s. ity and A ./L �',je L °T 4 ,'{ i [4`'^• a ^� ^'� �{ - " yr, ff}�) �v � i ..' , tp , :ictc. it � � ��; t,d 'e" i zz cI . 1 ' t + r. . h �� 4 y ± ands no�•f4 : b:/ formerly of • x." ,14 § t ' ,�yyJJ'' yy1;1 ��^^ py !!�� ,,// 'y, k� / ' ' • .spy {r �� , 1 6 C} "� . � . 44f C�i A "�^f 1,r,I4A #` f(tJT:Gp •t.•, 3 A ,6+ 4% e /e � b11V P 4 —F � J O 2, ) f` h4 prc•c e ed 1. n g. _ • • f "£ T,t , ` rekS5 Jr" i,L 't nil cft 4dilt_ h r{'adr. C,37�"1g1 the 1 i. ne between; ' Correll 61 "� D � ' r 4" { � i 107, rC''. t6 .tt ' arc - west . and. Russell on the as for } �,& ,Vs ', ;„ A r�} µ ti alet-a rq `{cpA.e • yof:, H6•01) ` . ” tAt> ..hA proceeding corner : of. �psaid F : t ; j . 1 � " i' 1 •' .} r' in n4 .(t i 9! rj � �feTSit$. rj iQtn`d ;♦ proceeding thence -41ine ' of .Pgssel1 and north :line of •' T 4 1 : 4 Jtyde € • t ocnmufli y Inc ., ( Tax Map , Parcel 42 - 17, 36 . 2 ) : s / :? ,f% f , ,4 " 4 4:f 1 P � • - . J .4 �.• , °-X • , .y a 4 Si t.Y L,4 ' ' 1 I'Y 4 1 ., c . 4_ • • aX t ,i 1 n L•4tt1 ¢ 7L' G.. To ,'' • 3'S4^• "..t'..:" ''+f` f f k 4 4 v { 4 to ! fi kkLA e r� F ^ a r L n"'" to ,J, „ t Y"'✓ c 3 a rt^ l st 41V II ". �'f i r� *$y �. if` 7^1+ _ a 4 " d541- 1.1E4=(�. 1Dyw*^i- .�' mar �,S' f "▪ a �. � } i `' i -" ti ..5' 4 1 . .• y�"ae BSc yg -: i e:s i+ " i i �t *fi' 'n-P, ..,. ti' 9 ' �i r e • �'`i , r "ate 3443.4 ,h 7sc r{ ,., �R,¢' .4, ,4 .1 1 e f�>M --r } 2..f+ h x ik54• 't 3,^`. f 1 , 4 ' p. " } nwo- �. £` � y f '' x y .c efq � t�; 1.,g t 4 $ T' = • • ' r ..i `�' L:• ▪ •Yy1 Jt.y ae4 '�L Y h`( T W■{r�s> c...5 ' .- ,r. i' /3---44, ' �.. ?... ...:4:...4. ,,,, , ,.1. k ' 'rirli ,� x k - 1 A 11 a qty;. 4 �4Nr "f� &,7,46 et-. '¢ x�•i � .�,{� Sf' it Arry�"i �j }� XY TM2P i {i S ik Y £T' 5 11}i y , I f ,4 � tea itl.'.��33trh.k3 �utYl''4 r '4' k.rie• i , ry ,. b i yr • t .i#" 4 -. .. �� c `. `�.3 ia•CL L s ':g•14R k_�f id 4. ,' f ':;" l �, .5'y Lr�.,a 'l` r .,±^?Dl'q ✓.'�.niY'45t'y 1, ''�S },5 .4^. 'ft.a n, , . kisp� " t.y .j. y '+",.££k. r< " ,' ;� f .4. .prif' f `h .y, , L, .0 (� i- > °wr. lk .'. : ."•.l`;S .. aY�dr[,, . , Y:..SkC�4' Jbki:^f', :�t4.. `.��'r`".!"i,4 .rYzS:ttJ.bi?• .,1+k .< Y.: Tf'{?'S,. .'�.e a�:.t# 7.tfi3.4``Qih: 't}i. +,,: .i� TS.ii.. fi ...:.-4i,' A .w �9Y°W' r "'.r. r i'"E . 6yG°? :,, ;+�. { . ;'�Y,t.� .. 1 I• .... s Jn - 57.+' 4-4Y . '.. 3 t ^4.LJ yt ,:::. ) � , -:1.- .> ? . . t5. r : ,' Aglaitioaa RTU.ii` 67;00Ga:k4�i't". littat likto all,' Sd'di_--.* 'eRatr ."ke' T' tt ` 'i . -- . • for a di stG nce '. of 400 ' to a corner of said Russell lands and the northeast corner of said Dryden ' • Community inc . ; proceedicrq thence south along the ' east line c said Dryd.ei Cormu:n _ ty ac , for a distance of 2 , 050 ' to a pco :int in the centerline of Lower Creek Road ;. proceeding thence westerly along Cea-t•er6. ineTc .Lower Creek Road as it crosses New York State Route. 13 For a diepa. nuc^ e of r . S �Jd t2�i th'ee southea &t'k QC ail r of premises now . =" 4 or" formerly " of Dunn ; procee �li �t rhrec .be north along the east line of said Dunn = premises for a distance of 240 ' to the northeast corner of said Dunn ( Tax dap Parcel 42 - 1 - 35 . 1 ) ; proceeding thence west for a distance of 1 , 150 ' to 'a point in the east line of premises now or formerly of Grant ; proceeding north to the northeast corner of said Grant property ( Tax Map Parcel 43 - 2 - 8 ) ; proceeding • thence west along the north line of said Grant e e property for a distance of 135 ° to a point in the east line of premises now or formerly Kailburn ; proceeding thence north for a distance of 350 ' to 7: e the . northeast corner,. of premises now or formerly of ` '. Rit htn . re , proceed ing thence west for a distance of r 240 ' to a point An. the centerline of . Hanshaw Road ; • 5 ` . . ' roceedin thence 'north along said Hanshaw Road for .. g , F_ _ g a distance of . appr� oximately 275 ' to the northeast corner ' of . .premi'ses 'nova or formerly owned by the i bewitt, ' Historical Society ( Tax Map Parcel No . t3e 1 (l ) p oceeain g _ thence west from said • "' , : cen 'ter�line •a ed: st'ance' of approximately 455 to a > ' ,,. , ' A.:. - :: southwest corner. ' of premises now or formerly of .t Davis - proce,eding 'v `thence north along- the west line Of said . Davi premises for a distance of T 575 ' to the ' northea .st: corner thereof .; ' ( Tax Map ' •, - Parcel.. 43 -- 1 = 31 ) ; pr�c deeding thence West 2; •. ' ' " ` . approat'imatelyr 3 , 45-01 --. to the southwest corner of l• :-.\ Armies now or formerly of Lucente ( Tax Map Parcel '42 - 1 - 8 ) ; prgceeding " thence north along the west line of lands awned by said Lucente and across ` " < lands awned , by ' ° Cornell University ( ' ax Map Parcels • ,42 - 1 - ?. ' and 42. 1 - 2 ) to the north line of New York . ':, ate Route " 13 .' p:c M• oeeeding thence west along said ;F' 4 '' north line a,f . New .; fork State Route 13 for a • ' 7 :distance of • 450. ' ` to the point or place of 1 , beginrzang :, t e 1 t . iZ ? SC P ym " 4 �u, ukrS.kv rX.{ t"" a65aw? qw ,f .ec - .a,-E rscro. .g. x ... ;�ccia,n wy v� x.as i we. �.'qf e� Y � , 'C• amendments s• ha114 takes effect '• .aft'er pub ;cation and, as �j� J. n`r, 'a ...� sr " r � Ar i " k7 j ` r :.' f >, . r i "d :!j l ta, , w rt� l ,, yN4+r�: S .r1R .R r, . 1 ■h yr t? Atty Perkins - if he has subdivision approval and would hope that the Planning Board has made a condition of the subdivision rules that is put . in at the • expense of the .. developer and assessed against the _lots benefited . Clm Schelcht - as far as public hearings would Dist # 1 have anything to say about Dist .#.2 ? , Atty Perkins - no . Clm Schlecht - could they block that development by areferendum , or any voting for that additional section ?, Atty Perkins -_ no Clm Schlecht - if there was one large district , but the area they call i# 2 was not immediately serviced and later extending the service within that district what happens: then ? Can the people block it with a referendum ? Atty Perkins -"if this is already an existing district ; no . - - • Clm Evans - if the Board holds another - public hearing on the smaller district presented ,. would the Board still _ - have a choice of either district ? Atty Perkins if you were to hold - another public hearing , he would assume that you would hold it on - the proposal that is outlined as one alternative and a, proposal that was originally presented as the second alternative and a, proposal 'for : the area not included in the green , but includpdas another district as a 'third' alternative. ' Clm Schlecht. -. .wanted to. make sure _that ' there is nothing set up. to stop development . He wants to make' sure . that this. does not happen . We are going - to the bother of putting in a water . district . so wants . to see , as much area as possible_ benefited by it . • Clm Evans. - .is It. possible to form two districts at one time.,, or is it the case that you can ' t form the second district because there is_ nobenefit ?_ Atty Perkins without having any pipe included in the main part 'which is to be assessed , was not sure about forming the second district , .:' if _the State Comptroller would approve it without some plan to extend the water ; Clm Evans - would like to schedule another public hearing and would like Atty Perkins to review with Atty. Buyoucos if there, is a .way *o assure 'the residents that there will be no other costs incurred . . Is there a way when the water district is formed the town can fix the rates in such a way in the first di'stri'ct so - that the residents would hot have a concern that they would be . bearing the - Cost of the second district . He would ' like to see the larger district, but he understands. everyones concern , _ . Atty .Perkins _ . another way for ' a comprise , `with what he, - hears' 'expressed by the public is the cost-Of-that extension , is -to go on record , -and say we will establish. the . greeh district , but keep in mind the position of the board , that the. .Board doesnot want to hear from their . in the future _if the Town creates another district ', in the undeveloped land . , If this is the case tonight . that they are not against the development then fine , lets have that on the record . Shaw: Reid '- you. can ask me to do that but you can ' t . keep me from i.t . They would 1i'ke ' : to point out that any future development has at least : three accesses . for water from that line .. Ohe . the r-o- wand .two other lines out of Eastern Hei_ghts, . which . comes to the town. .line.. They are not concerned . to be associated wi'th. . the fact that they may or . may not develop . ; that , land ., They . are . concerned . with . how those finances °are . going to be assessed to the ,developer . C1m Schelcht --. ' wants to make sure ' that • there is no technicality that will- Stop development there, . through the mechanism 'of the water district. - Atty Buyoucos . - there . is no hidden. agenda . as far as. he °was concerned since . there was none. expressed a t the meeting the . other night, and C1t Evans was at that meeting . If the Town , deci:des ..to have _.changes of the boundaries of the proposed district under Section 209e7 notice of such further hearing shall be published -and posted in the manner which - is- provided in Section 209d except that such notice shall also specify the manner which is proposed to alter the boundaries . of the proposed district . , He _didn ' t think that . the Board could have two oy ._ thtee alternative hearings at . the same time . You have to decide wan if you/ go along . with the smaller district as ,proposed by the resident owners . It would 'be drawn up with a new ' description and published and . posted and that would be determined at . the learing. Atty Perkins - if you have a proposed change such as just going with the green • - ' area , then you have to specify what the change is and that would be the new district . A public hearing mustlbe set , no sooner than 15 days and no later than 25 days from tonight : - You have to make certain findings tonight . ,Clm Evans- .-: was concerned that the ' Underwoods : •!have hot been heard -from: and • t> is their. property ° that. is involved : . .. . . Supv Cotterill - wanted to °know if they were at the discussion when the residents has their meeting ? 6241/ • Cl•m Evans . -- no , - . .they were not there . , _ . . _ . . Mr Willemsen - they were invited and •kept up to date Lon 'everything . CIm Evans - wanted to know if they were aware of what the residents have now proposed . Mr Willemsen - was not sure of what has been proposed but they were invited to meeting , but -he doubts " it . CIm Evans - felt that they should have a right • to voice their concerns and . comments as well. . Shaw Reid - in 1-978 it was expanded. from .-the .original. proposal until it was so expensive that the residents would not accept it . The residents started out asking for a 1300 feet district and was restricted to the '1300 feet because - the -Board and the residents- were of the understanding_ that was as . far as we could gowith the water , They finally decided that . they could go to 1900 feet when the second proposal came through . The Board decided to • • expand it beyond what the residents asked Lol. and the . Board decided ' that they would check with_ Mr Underwood and - other properties - who . would . like: to be . . in it and also add ' three or four more properties close - to • Rt . 79 Without asking those residents at all . This is- one of the reasons - why it is a :. democratic process , ' they invited Underwood to their meeting , and they were invited- to the public hearing tonight . . If he wasn ' t . invi .ted. , and , he did not come to the_ public hearing tonight - than you. could _do .as. you. please , and he wouldn ' t - have any- - - recourse , ' - . He wanted to.. propose , that • they have the same .si•tuation : . If you. • would like to add Mr Underwood ' s house and Mr Underwood ' s property that. .is . • _ fine , but not the other 130 acres that is associated with the family ., • Mr Will•ensen - t°he reason they are . , here .is .because of the 'future liability of developing all that property and having • that come back on the initial residents of the district - for ' the capital costs . Supt/ Cotterill - couldn ' t see .that possibility,. .• .. - Clm Evans -- would like • to make -a- motion to hold a. public hearing on : the proposed smaller , area , but wanted to g •on , record that if the .Underwoods come and . he can be convinced that. it will - not cost tbe . dis.trict he will make , the , motion to go back . to the first public hearing after the second public . hearing . is held . Atty Perkins - requirements with Town•.,Law , you first must ' determine whether ' or not " the notice appeared and -published as required by law and - is Otherwise sufficient . Then you have to determine whether- .the establishment of the , district is in the public - .interest . If both questions are determined. in the affirmative and find that _ any . - part of .the property within the _ proposed ` dietrict shouldn ' t be ' included you should .ld specify ''the necessary. changes and. _ .set . a " public hearing not sooner thah . 15 days nor more _ than 25days with public notice of that hearing . to .be published . appropriately according to :. law and posted .with • the specified .changes. - . The SEAR -compliance. .should be discussed first .. Lozier Engineers . has. .prepared a short environmental assessment form , .. and has. answered .41 _of the questions in the negative . 116. is .there public controversy • concerning any. potential impact on the project .preformed a natural one . You may want to .. answer: that question. in the_ _affir.maei,ve .. The next . questions . is . should a negative declaration .be. made that there is no significant ithpact based upon a the short .environmehtal assessment form . This . would correct. . the . existing Snyder Hill water problem . Also , has the Town Clerk published and posted the notice whether or riot the notice 'was' posted -according to law and published according to law , The Town Clerk did publish the ' notice and an affidavit :of date of • publication is on file . The Town Clerk did post . the notice on the signboard and an affidavit is . on file ,- That. question can be answered in the affirmative . If the question about whether or not . it is in . the . publicinterest . can be .answered in the affirmative - then you . can schedule a . public hearing . . • RESOLUTION ' #103 SCHEDULE A ' PUBLIC HEARING FOR PROPOSED SNYDER HILL WATER DISTRICT CIm • Evans . offered. the following resolution - and asked for . its adoption : . RESOLVED , that this . Town Board schedule a public _hearing on .June 10th of the . proposed Snyder Hill Water Dist to alter. . .the proposed . district linear -to . . encompass what is in the green area . , . - • 2nd Webb Roll call vote - Supv Cotterill YES CIm Evans ' YES • ` CIm Webb YES -, • Clth Garlock YES CIm Schlecht ' • NO Supv Cotterill - has enough confidence that any future Town Board would. not - assess the residents on Snyder Hill for the extension . He is not. opposed to . either district , but this is. ,only incurring . delays . • 3 ACCEPT SHORT ENVIROMENTAL ASSESSMENT RESOLUTION # 104 FORM AS PREPARED BY - LOZIER: .ENGINEERS " • Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the short environmental assessment form which is answered in the negative as prepared by Lozier - Engineers . Clm ° Webb - Roll call vote - all voting •. YES RESOLUTION # 105 GRANT SPECIAL PERMI-T - BURRUSS TRANSFER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Burrtiss Transfer to extend their °warehouse at 478 Lower Creek Rd . • 2nd Clm Garlock Roll call vote - all voting YES • • RESOLUTION #106 AUTHORIZE TOWN CLERK TO PURCHASE VOTING MACHINE C1m Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Town Clerk to purchase one voting machine . 2nd C1m Webb Roll call vote - all voting YES ZONING OFFICER 11 building permits for the month of May . 1 one family dwelling; 2 additions to homes ; 1 mobile home ; 1 to rebuild -fire -damaged home ; 4 garages ; one swimming pool ; one special permit garage issued by Town Board in 4- 9 - 85 . ZBOA held 3 hearings 1 - Helen Mandeville requested a variance to sell her property on Whitted Rd ( old abandoned road for many years ) fora dwelling to be built on . There - is no road frontage . ,. . Variance was granted 2- Cayuga Press variance request for change of nonconfroming use to another nonconforming use . • • Asked to move their present business at 1779 Hanshaw Rd to 1650 Hanshaw Rd . Variance granted 3 - Steve Rockey of 16 Forest Lane applied for a building permit for an addition on house . Present house only 60 feet from center road line . Requested a variance to have addition , same distance . Variance granted . #4 Snowberger - returned with further information from ZBOA meeting . Wanted to build 2 unit dwelling in rear of his own house . The board decided that he did not need a variance . 39 violations notices have been sent out . 20 have replied either by phone or stoped in office , and said they would take care of their situation or make arrangements to have it done . Out of the 39 notices 7 have been taken care of and 7 others appear to be working on cleaning up . 14 have made no reply and as yet there is no evidence that they are doing any thing about it . Atty Perkins - the Stetson property is in default and the papers are being drawn up . RESOLUTION # 107 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE TRAILER Clm Evans offered the following resolution and asked . for its adoption : RESOLVED , that this Town Board authorize the Hwy Supt to purchase a Load King Trailer (_19. 79) in an amount not to exceed $ 5 , 000 . 00 2nd Clm Webb Roll call vote - all voting YES RESOLUTION #108 TRANSFER FUNDS FROM 1410 . 83 Clerk Elec to 1410 . 20 Clerk Equip . ' Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $169 . 95 from 1410 . 83 Clerk Elec to 1410 . 20 Clerk Equip for a transcriber . 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION # 109 TRANSFER FUNDS FROM CONTINGENCY- • 1990 . 4 to 1989 . 4 (DEC PERMIT) Clm Schlecht offered the following resolution and asked for its adoption : • . RESOLVED , that this Town Board authorize the Supv to transfer $ 25 . 00 from contingency 1990 . 4 to 1989 . 4 DEC permit . 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION #110 APPOINT COUNTY YOUTH BOARD ' REPRESENTATIVE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint KIM Chase to the County Youth Board as the Town of Dryden representative . 2nd Clm Webb Carried RESOLUTION #111 APPOINT ENVIRONMENTAL MANAGEMENT REPRESENTATIVE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Robert Bland to the County Environmental Managment Council as the Town of Dryden representative . I 2nd Clm Webb Carried CPI( Request froth Sr . Court Clerk Jean Ryan to adjust wages of Assisstant Court Clerk Sharon Warycka . • - - - . RESOLUTION . #112 ADJUST - WAGES OF ASSISTANT . COURT CLERK Clm Evans offered the following resolution and asked for its - adoption : RESOLVED , that _ this Town Board increase the base hourly rate 50fi for Assistant Court Clerk Sharon • Warjcka ` for the remainer of the year . 2nd Clm ' Webb Roil call vote - all voting YES The Town Board did not take any action on the request from H . O . M . E . S Inc . • ° regarding property on -Beam. Hill Rd . - • . Justice reports - Judge Sweetland $5 •, 496 . 00 Judge Newhart $1 , 100 . 00 RESOLTUION #113 APPROVE GENERAL FUND BILLS • Clm Schlecht offered the following resolution • and asked for its adoption : RESOLVED , that the general fund bilis be paid as audited . . 2nd Clm Garlock Roll call vote - all voting YES RESOLTUION #114 APPROVE HIGHWAY FUND BILLS Clm Webb offered the following resolution and asked for its addption : RESOLVED , that the _highway fund bills be paid as audited . 2nd CIm Evans Roll call vote - all voting YES • RESOLUTION #115 APPROVE SPECIAL DISTRICT FUND BILLS - C1m . Gar-lock offered the following resolution and asked for • its • adoption : . RESOLVED , . . that the special district bills be paid as audited . . - • • 02nd Clm Schlecht . . Roll . call vote - all voting YES. RESOLUTION #116 APPROVE CAPITAL FUND BILLS 0 • Clm Webb offered the following resolution and asked for its - adoption : RESOLVED , that the • capital . fund • bills be paid as audited . 2nd Cim Evans ° - Roll -call vote - all voting YES Financial report give to Board °members • NEW BUSINESS ° Michael . Lane , . representing residents from - the Bethel • Grove area : - . There has • • been . a declining interest in • the duties with the community . center and in the event that they are unable to find • other people interested . in participating they were wondering if . the Town would . be interested in requiring the assets . The assets would be turned over to a group or a municipality . They wanted the ' Town to be aware of what was going on . - . • Ajourned 10 : 35 PM - • Susanne Lloyd • - Town Clerk - - . . • • ill1 • • • • • • ; SPECIAL MEETING MAY 21 , 1985 Supv Cotterill called the meeting to order at 5 : OOPM Present : Supv Cotterill , C1m Evans , Clm Webb , C1m Schlecht , C1m Garlock ' and Atty Perkins . Supv Cotterill - stated that this was not a public hearing , but was a Town • Board meeting to make some decisions . He will consider to open the floor for comments for a set time limit of about 5 minutes . o ' Atty Perkins - his consensus of the Board members and that C1m Evans had expressed' the desire that if the Underwoods wanted to be included in the water district he wanted the hearing conducted on that basis . Conversations with the Underwoods and their representatives have indicated • that they want to be included in the district . Therefore , to save some time and to avoid having a second public hearing or further hearings after the June 10th hearing' this' special town board meeting resulted . He has made a proposal to include Within the revised boundaries of the proposed district the Underwood property.. tax map parcel 69- 2- 3 . 2 , 103 . 03 undeveloped acres and 69-2- 3 . 4 , 2 , 95 !, .;acres of' developed land . A resolution should be made to revise the determination •��' p*eviaus1y, made and to . cancel the public hearing that was scheduled on the r1 ePi9.n of that property and the property south of the green line , To - call [ ' airptbT;tc heating on the boundaries which would include the Underwood property 't` jas ' well as - the other property . At the request of the Town Board he has prepared ;;: . . , 4 'Ia�'resolution . • i • ., . • • RESOLUTION NO . 117 1985 Councilman Evans offered the following resolution r and asked its adoption WHEREAS , this Town Board has previously conducted a public , hearin on the map , plan and report filed with the Town Clerk and proposing the Snyder Hill Water District to be established under Article 12 - A of the Town Law , and . 44 WHEREAS , said map , plan and report were prepared by Lazier Architect / Engineers of Fairport , New York , and ; ; : ' WHEREAS , this Town Board heard all interested parties H . F o ._t said public hearing which was held May • 14 , 1985 at 8 : 00 4 :i i, at the Town Ha1. 1 , and . x r 3 h d , 161d .LR, FASI several residents of the proposed Water - k, xts . r*ct. :. requested that a portion of the area included in z te ; :map' be removed from said proposed Water Districts and f ri 144 .WHEREAS , this Town Board . previously and at said Town oat4; me €Ming following the public hearing on May 14 , 1985 , • speci. fi. d ; necessary changes ' in the map by the deletion of } ten pf : Dryden Tax Map Parcel Nos . 69 - 2 - 3 . 2 ; 69 - 2 - 3 . 4 ; y 7 f a ,1 ', 2 ; . ; 71 - 1 - 5 ; 71 - 1 - 6 and 71 - 1 - 7 , and % tWHEREAS , the owners of these tax map parcels were not f d at said public hearing and now some - of them have rOXpOssed, a desire to be included within the proposed Water and ' 4. ". ME'i7EAS , this Town Board previously set June 10 , 1985 ' ,r ,-latH t V ia. . m . prevailing time for a further hearing on the “ • • r T a • y Z .'x n 'cessary changes of the boundaries for the proposed f : distiiiim't ' ' and . I . 6df3EisAS , the publishing and posting of the public :: . - 'iribt4ce tailing such further hearing have not yet been made , azd - there is still sufficient time for the publishing and za , t . , of the public notice , . . ' 1114EREFORE ', BE IT RESOLVED by the Town Board of the Y _14 , y1, wf &cif . altvderi as follows : r= . r ; ! µ �RTM t , d r • art. � fit! a ° . 1 + it �r A 1;..t IV:4 .Ic* } . . e: - S R y 4 ^ i � ft _ I Pt ?Y.. C.� 4,.rPZ.tr p�, �• -, q. ? : i ,.*L^-P': a^ey hr t' 'iii r, .. ' ''':r Tb..kua^ k •w'+h; . S'tft ere Cti-"a s to °..p' nt -P:7 ax' „R..( . .,.e �1'U 'r w'- ursi, p.F;Mrtiu Ks • .. ,va...... w. sc-.'.�`�r r ,F^C "4 i 9 , *FS T�TP'41..• tC h . t ' ,i i4 tC ti t/!-) t ,t. _ - _ - . _--. . - _ _ .- _ _- _ . . _ _ _- 1 . The public . hearing previously called for June 10 ,. 1985 at 7 : 00 p . m . on the deletion from the proposed boundaries of the Water District of Tax Map Parcels 69 - 2 - 3 . 2 ; 69 - 2 - 3 . 4 ; 71 - 1 - 2 ; 71 - 1 - 5 ; 71 - 1 - 6 ; and 71 - 1 - 7 is hereby cancelled . 2 . Any determination made by this Town Board on May 14 , 1985 , with respect to the inclusion or exclusion within the proposed boundaries of said Water District of any parcels is hereby declared a nullity . 3 . That this Town Board hereby determines pursuant to Town Law Section 209 - e ( 1 ) as follows : ( a ) The notice calling the public hearing on the map , plan and report filed with the Town Clerk for May 14 , 1985 at 8 : 00 p . m . prevailing time at the Town Hall was published and posted as required by law and is otherwise r sufficient . This determination is based upon the filing with the Town Clerk of the Affidavit of Publication and Affidavit of Posting of said Public Notice . ( b ) It is in the public interest to establish such district in part and that part or portion of the property not benefited thereby are Town of Dryden Tax Map Parcel Nos . 71 - 1 - 2 ; 71 - 1 - 5 ; 71 - 1 - 6 and 71 - 1 - 7 . ( c ) The necessary changes of the boundaries of the proposed district is to delete from the said map , the Tax Map Parcels specified in ( b ) above in order that all of the property and property owners and only such property and property owners as are benefited shall be included within such proposed district . ( d ) A further - hearing on the necessary changes in the map shall be held June 10 , 1985 at 7 : 00 p . m . prevailing time at the Town Hall , 65 East Main Street , Dryden , New York . ( e ) Notice of such further hearing shall be published and posted not less than 15 nor more than 25 days from the date of the adoption of this resolution and shall be published and posted pursuant to Town Law Section 209 - d and shall specify the manner in which it is proposed to alter the boundaries of the proposed district . ;Seconded by Councilman Schlecht . Roll call •vote - all - voting YES I t } : Atty Buyoucos - did not like being limited to a time limit , and is the first ' tithe , -that he has ever had it happen and didn ' t think that it was fair . In the b f first place they do not know what is in the resolution that the Board has just passed so. that he could discuss it . He objects to that as a matter of record . 1 1 . ' "' Atty; Perkins i Town Clerk give Atty Buyoucos a copy of the resolution for the r',ecord and ; indicate that it is exactly as he has described it . , ' Atty Buyoucos: -also - that they do stand by their position' expressed the last time (=r0 n'. that there would be nothing to prevent the Underwoods from getting water there by: an extension to the district . They also stand by the fact that they don ' t care .-if the Underwoods get water , just so long as the extension south of the ' . .road-, %any lateral' 'ral extension will not be chargeable to the original district. That .y has ''to `'be ' understood . They have not seen any engineering report which is clear I: to:themlon the question as to how and what effect the extension to the south :' would have on pressure . They think that they are entitled to have a report of ' I.Id the ' "engineer . They are also entitled , as a matter of curtesy , to meet with . #he' -engin'eer at that point because that ,,effects everybody . If the board ,` underdtards • this extension to the south is going to be done soley at the expense k t of 't- e RUnderwoods `fine: They do not want any . cost of any lateral`comi:n le;::: ��k ,t y g soith4ttofn Snyder Hill Rd ':: to . be attributed to . the original district . The ;res.t,dentslido tnot want +tor .• be put' in . a. position that : if . the ruine _is extended s.) ssouttli th`atl :there .wi11 ,be' -pressure . problems other than those which. have , been. stattedikAtn'mely--; at- the end of , the 1900 or 2000 feet line . There maybe three 4,, ;.: , , ; housessxorlpossib1y, four which will have to have a pressure pump and can keep ' s, `their o,Id„,, tank . ' They are prepared to pay the extra costs , but they do not :' want `to, pay for any expensive pressure0facilities along the road , , which ' they ;3, ' _ , k 1.11ou4ldcaakeLto ,bear . Just so long. that, it is understood that the Section '199 , ' -56f4th417oawn' Law or 209,d ,but that ;:(as not clear which says that any extra lanes r * `- a -:; rnu b�'e•paid by the . benefited properties . It is their „position ' that `°the .benefited . . -k ropertyt Z1 � not ricl'ude ; any propert4 es of the. . property owners along, either • . :qq , ;T '7 � k .R7 is 1 ` v - Y x > i m t t," i 4 e J. Prr .v, [f,-0 i( C� t f osr..d ; Y it H 7 w •.!. .»+ .�(..ji,�.r'•`%'3' k:I .,':1;,<., " } 'r#ta: 'I' �rM ,,}k.`i i x tr• ;e t j• r"� , r.X F.. `card .wJ. Sri!aw.S VF -. r . C';.{..{ . fi, ^y.'1„1, K'F. `f4'F`t+. ..+"tit`, ,.J...- 1: . - (; T side of Snyder Hill Rd . There will be a public hearing and they do have a right to call for a referendum , that you will have to comply with . Pat Underwood - we indicated at the time of discussions as to whether we wanted to be included in the proposed district , that we definitely did want to be included . We were not aware , until after last weeks hearing , of any move to exclude us . It was our understanding that all areas that could be served by current pressure would be included in the district . .. There should not be. ,any added cost to residents currently in the district by our property being included and probably there would be lower costs by our land being included . . . We understand that any future . extensions installed within the district after the original transmission lines are built will be paid for by the property owners along the extensions added only . 0 Therefore , there should be no reason to exclude our property and we definitely expect to be included in the proposed district . . Clm Evans - is on the Southern Cayuga Lake Intermunicipal Water Commission Board and has been told by them that there is plenty of water to supply everybody within that area . ° ° Vern Gambriel - it appears that the initial cost would adequately serve the Snyder Hill Rd operation and the total proposed area that has been included in the area for water . As a property owner it seems that the Board would have the jurisdiction rather than to go through multiple hearings to include this water district to an A , B , and C district . The A district could include the Underwood property along the road , with the understanding that B and C would be developed at some future date . Atty Buyoucos - wanted to know if it was possible to get the engineers statement with regard to the pressure ? Supv Cotterill - felt that we could have the engineer present at the hearing or board meeting . The engineer did plan on being here at the first hearing , but has sent a letter of apology stating that his car had broken down in Interlaken and was unable to here , so it was ' t intentional that he wasn ' t here . RESOLUTION #118 RESCIND RESOLUTION #103 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board rescind resolution # 103 made at the May 14th Board meeting . Clm Webb Roll call vote - all voting YES Meeting recessed until Fri . , May 24th at 12 : 00 noon . Special Meeting May 24 , 1985 Minutes of the special meeting held May 24th Present : Supv Cotterill , Clm Webb , Clm Evans , Clm Garlock and Clm Schlecht RESOLUTION # 119 APPOINT MEMBERS TO LOCAL DRYDEN INDUSTRIAL DEVELOPMENT AGENCY Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint the following for the local Dryden IDA Commission and their terms of office to expire on December 31st of that year . Roger Lampila , Chairman 1991 Randolph Harman 1990 Merton Webb 1989 Anthony Palumbo 1988 Charles Evans 1987 2nd Clm Schlecht Carried . Adjourned 12 : 05 PM / - L o usanne Lloyd Town Clerk 1 fi • - SPECIAL MEETING • ° - June 10 , 1985 . ° S . • PUBLIC HEARING - PROPOSED HEARING ON SNYDER HILL • , • . Minutesof the public hearing held June 10th Supv Cotterill called the meeting to order at 7 : 00PM - Roll call was by -the Town Clerk-:. Present : Supv Cotterill , C1m Evans , C1m Webb , C1m Schlecht , CIm Garlock • and Atty Perkins Supv Cotterill -read the notice that was .published in the newspaper . . to consider the proposed boundaries • of the proposed Snyder Hill Water .• • Dist . . 0 : QUESTIONS AND OR COMMENTS . Atty Perkins - the same boundaries. considered . are the same ones that have ,,been . -gone over at previous public hearings. . . It mould go along Snyder Hill . ,-Road and include parcel #69 - 2 - 3 . 2 and # 69 - 2 - 3 . 4 . _ _ . • • ° June 1O , 1985 • • THE DRYDEN TOWN BOARD : • ° We are presenting to the - Town Board . this memorandum and are � uestinq . that i t be entered into the record . we beleive this norandu €n summarizes the essential points to date in the prtc 'eedings form the Snyder twill Water District . We are entering this memorandum in behalf of those property iers who signed the letter • :or• esen ted. to . the Town Board on May 1985 requesting the smaller water district . . W . Shaw Reid 0 banal d 4 • .'ali t i emsen • • • • • • • • • • • • ° I . • • • -# .�.. 2gY,i'",�5;. '%iztl. }.'"` ".A= fik' 1Sataam:; µ'P.` sittwE.i`"":f 'c'SS%' .�--: ..w.,... �Arc.T . — - -...��.,. . �.. .,o w . .. a . . . . . . . ... � ._ ..�._ e y{ •