Loading...
HomeMy WebLinkAbout1986-04-08 111 TOWN BOARD MEETING APRIL 8 , 1986 . Minutes of the Board meeting held April 8th Supv Cotterill called the meeting . to order at 7 : 30PM 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 , Clm Schlecht , • Atty Perkins and Z . O . Stewart 0 Approval of the minutes : Motion was made by Clm Evans and seconded by Clm Webb that the minutes the Board meeting held March 11th be approved as submitted . II , ' C ; PUBLIC HEARING #1 April 8 , 1986 Special Permit - James Horton • Minutes of public hearing # 1 7 : 35PM Supv Cotterill read the notice that was published in the newspaper to consider the application of James Horton to build a 16 unit multiple residence on lot # 4 of the Dryden Enterpirse Subdivision at approximately 58 Freeville Rd - Rt 38 . QUESTVONS ' AND / OR COMMENTS Jim Horton - thought that it would be a good place for the housing unit . Did not think that there were enough apartment houses in Dryden . He would like a permit for the 16 units , but only build 8 units at a time . They will be one story apartments . Mayor Michael Lane - did not want his comments to reflect against Jim Horton , because he is a well respected builder in our community and has been an asset . He thought that it would be well constructed and well managed . ---- He would like to ask the Town Board not to approve . the application for " II4 ' 2 basic reasons 1- there is a question of the zoning in that location since the Board recently rezoned that area to a MA Zone to provide for commercial and it light industrial development . The purpose of the MA Zone was to provide this kind of an area and to exclude as much as possible residential useage . 2 - he is also concerned about the capacity of the sewer plant in the Village . The primary purpose of the sewer district was to serve the existing units . The Village did not oppose the enlargement of the district to include the Enterprise property . They felt that in the long run it would be good for the whole community to have that developed , but at the same time negotiations centered around the fact that they would be looking at light useage construction in the Enterprise property . The 'Village hadestimated that the existing units there would produce about 28 , 000 gallons per day and allotted an additional 7 , 000 gallons per day . There is a provision that the actual useage would be determined upon the measurement of the flow based upon actual usage with a flow meter installed for a one year Period to see what the average daily flow was , but not to exceed 50 , 000 gallons . The Village already has the permit for the 48 unit student housing and is very concerned that right now at the capacity of the sewer district . . They cannot tell because there are a substantial number of existing units that have not hooked on yet , including the major trailer park , car wash , and- laundromat . The contract does provide that should the Town want to have more than the gallonage limitation that the people in the sewer district would have to pay to have the Village sewer plant enlarged to accommodate any increase . He thought that the Town should go slowly, and to start adding higher volume users would be ill advised . I' Fred Apker - was concerned because of the drainage problem there , but was not opposed to the application . He felt that if a MA Zone is established it should ` � be used as such . If this application was going to be allowed there are a lot of questions that should be considered such as drainage , parking , traffic areas , and pedestrian traffic with school children . Atty Perkins - wanted to know how many bedrooms would be in each apartment and what the projected daily water and sewer flow would be ? Jim Horton -• they will be 2 bedroom units and the water and sewer usage would be about 4500 gallons per day , which is a highestimate . He thought the average would be 3600 or 3800 gallons per day . / n- Clm Evans - wanted to know if the 48 units from the Dryden Housing is over and above what the contract with the Village calls , for ? Mayor Lane - yes , Dryden Housing is over the contract figure for gallons usage . Tom Fraser - wanted to know what price range the rental units would be ? Jim Horton — they would be in the $ 400 . 00 range , and they would like to attract young Married couples. - Closed Public hearing # 1 7 : 45PM - PUBLIC HEARING # 2 April 8 , 1986 Special Permit - Karel Westerling - Patricia Haugen 48 unit mobile home park West Dryden Rd . Minutes of public hearing # 2 7 : 45PM Supv Cotterill read the notice that was published in the newspaper to consider the application of Karel Westerling and Patricia Haugen- for a special permit to build a 48 unit mobile home park on the north side of West Dryden Rd . , opposite the corner of West Dryden Rd . and Hanshaw Rd . QUESTIONS AND / OR COMMENTS Cindy Briggs and Tim Buhl , from Resource Engineering gave the Town Board a presentation on the 48 unit mobile home park . They proposed to dedicate a town road to the property and have 6 , clusters of 8 mobile homes . The average size of the lot would be 10 , 000 sq ft : The entrance would be on West Dryden Rd . Each cluster would have their own septic system . They have been in contact with the Health Dept and at this point it is a matter of drilling on the site to see what type of soil is there . • The Health. Dept is not concerned with the density of the property, and felt that it may overcome some of the marginal soil conditions . Tz there is a problem with.. drainage they would have a surface type sandfilter system . Tim Buhl the 'soil conditions are not optimum for subsurface 'sewage disposal . They are aware of the problem , that is why they have a low density on the site itself . They have 48 units on 33 acres , so the effected area is 5 percent of the total area : They plan on having 2 drilled wells , each capable for a days supply and a - small pipeline system to tie the whole project together . This would be publically ' owned and operated by a licensed operator . The Health Dept requires a teat well drilled first , and do a pump test and quality water test to make sure that it would meet state standards . With regard to the sewage problem they know they have a problem with the drainage . They feel with the low density they can work around it . They have to get on site test ;.:pits done to determine the depths of bedrock and find out the locations where they can met the requirements . If they can ' t meet the criteria and have to go to the sandfilter system it will have to meet the Health: -: Dept and DEC requirements . Each. unit will have off street parking , a landscaped yard for each and will all be the new double wide mobile homes Cindy Briggs they feel that this project la within the character that is already on West Dryden Rd and Hanshaw Rd and the surrounding area . Carol Lewis - wanted to know who kept track of the parks to make sure they don ' t deteriorate? Supt/ Cotterill -• before a mobile home park can be built , it has to be designed and gone over with the Planning Board before it can be approved . ' If a new park does not maintain those standards . the Town Board can revoke the permit . There are parks in the Town that were here before the Mobile Rome Park Ordinance was in effect and the rules set , so the Town does not have any authority. over and preexisting park . The Health Dept would be the only ones that would have control . Carol Lewis - wanted to know why they had to have another trailer park along West Dryden Rd because :the : traffic there is terrible . Tim Buhl - this will be phased in over a number of years . Representative for Agnes Thomas - you are already talking of an intersection on West Dryden Rd and Hanshaw Rd that has a very high accident rate in that area . John Nemecek - you- are talking of 48 units on 33 arcres and was concerned about More trailers going in on the rest of the property. i / 3 Tim Buhl - this is a self contained project and the owners have no other plans to do anything else with the rest of the property . Karel Westerling - it can ' t be developed further because NYSE& G, owns 375 ft r- o-w through. his property which cannot be used because of the high power lines . The only other access to the back parcel of land is through a narrow neck of land which is very swampy and ' has a fair number of trees there . It could be possible but would be very expensive . They are trying to get an upscaled mobile home park which would have the double wide trailers . The lot rents would be $ 125 . 00 and up . Carol Lewis - thought that trailers were a fire hazard and felt that if this trailer park was allowed , there will be more trailers allowed in that area . Karen Malarkey-Belden - wanted to know why more mobile homes were being put in with no zoning enforced to regulate the type and quality and upkeep . Felt that before: anymore -mobile homes were allowed , the zoning should be updated : and more restrictions put on . the type of mobile homes , parks and individual lots . It Westerling - is requiring all new trailers in the park . Clm Schlecht - questioned about the public water supply . Tim Buhl - anything over 5 units would have to meet the same criteria that the village and town water district have . Cim Schlecht - it is not a public water supply in a sense that you are proposing that it be taken over by the Town . It will be a water company controlled by the owner of the park . . • Clm Evans - had walked over the land and felt that it was very wet and was concerned about the wetness for the 48 proposed units .. Tim Buhl - this is typical for hardpan soil . Once you construct driveway culverts and drainage ditches you are in a sense dewatering the land . Clan, Evans in your environmental description you state 10 cars per hour . You are going to increase traffic to 240 cars a day , and they are going to use the road between 7 ; 30 :and 8 : 30 in the morning and 4430 and 5 : 30PM . After driving over the road and looking at what is there he is very concerned about the traffic . There was a question about the traffic count on the road and Tim Buhl said he would check with the county. Warren Brannon - there isn ' t any doubt that . this will add congestion to the community in West Dryden . Regarding sewage and pure water , according to the EPA his property is in one of those serious districts . This trailer park will add to the problem . There - is - no way for a decent sewage or water system to economically be done . That soil is not temporarily wet , it is wet all of . the time . The Health. Dept has been after him because he has problems with his own septic system . Tf this goes in there will certainly be a pollution problem and it will not be just localized . There will- also be a high rate of car accidents in that area . Tim Buhl this: will be done in a sequence and it all has to meet the Health Dept and DEC requirements . The engineers have to Make system that will meet the current criteria . There would be a discharge permit that will have to be monitored on a regular basis . It will have to be treated and chlorinated before it is discharged . . In this type of a development it is so tightly regulated that you don ' t have the opportunity to have unmonitored discharges which would be . a health problem . Frank. Taylor - wondered about the depth of the well and getting sulphur water . Tim Buhl - they feel about 200 ft , but before the ' park can be developed there will have to be test wells dug to find out the quality and if there are enough gallons a- day for . deliverly . Gertrude Calvert - has the adjoining property . Is very concerned about the park for -many reasons - because of the 48 unit population density , the traffic , and the class of people . Trailers deteriorate very quickly ;- and the sort of people that -move ' into the trailers are :not what she wants in her neighborhood vandalizing her home , walking on her property , fishing and possibly drowning in her -farm pond . I's verq: -much: - concerned about the water supply , what it will do to the watertable in the area. , about pollution and property values . Barbara Caldwell - wanted to know hew . far away it was from the designated freshwater wetlan.ds0 Tim Buhl - could not answer . Gerry Williams -- wanted to know' if this was a proposed landfill site ? - Co Rep Ti:llapaugh. - was not aware of this as a proposed site . • /6y47 Vern Gambriel - the Board should consider if it will be an improvement to the community and how it effects the neighbors . Is there an adequate water supply and also problems with sewage disposal . Will , the quantity of water and good water be available to the residents that live there should the trailer park come in . The -;aquifer is a fragile item , and EPA will come in and make some decisions as to ,the 'type of sewage system that should be used. The average person in a park uses 300 gallons a day . There is a lot of ground water there and if it is hardpan and you put in a .sandfilter system , there is a - possibility that because of the level land , in a particularly wet year you could end up with raw sewage floating on top of the ground water . The alternative would be a wastewater treatment plant . There was • some discussion regarding changing the zoning for mobile homes , mobile home parks and all zoning . Mrs Brown - felt that the Town Board and Planning Board should "get °to the people in all different areas and find out what they want with regard to changes in the zoning ordinance ? instead of telling them what they want . Gertrude Calvert, - could not see how any reasonable person would think, that this would be an addition to the neighborhood and hopes that the application will be denied . - Closed public Bearing # 2 8 : 45PM COUNTY : 'BRIE'F`ING Co Rep Tillapaugh. - reported that the County is advertising f or ' land that would be suitable for a county landfill . . there is a possibility that part of the funding for the Virgil Creek Dam will be taken away or withheld at the present time . CITIZEN PRIVILEGE OF THE FLOOR Harold Case wanted to know if anyone from the Varna Fire Dept had contacted the Town with regard to a junk car for use of practice on their property . Supt/ Cotterill - he had been contacted and if the Varna Fire Dept can assure the Town that this junk car is being used for training ' the Town will accept that as I a usable vehicle , When they are finished with the car for their training and car is no longer useable . they' are to dispose of it The Town will allow fire and ambulance personnel to train in excavation of vehicles . Mrs Brown wanted to know if an abandoned vehicle is not visable from the road can the deputy officer go snooping in your - back yard and look for it , is this trespassing or not? This is the complaint that they are hearing . Vern Gambriei . wanted to know the status of the Snyder Hill Water Dist ? Atty Perkins - the application is still before the State Comptroller . Mayor Lane - with regards to the funds for the dam project , areal surveying has been contracted and is going ahead . The problem now is the geological survey is supposed to - be done which is a $ 30 , 000 . 00 item . Because of the Gramm-Rudman cuts the department is shifting funds around so this money is in jeopardy and the survey will not be done . He has been in contact with our Congressman and will contact our Senators and hope that the Town would also contact them to make sure that this project will get funded . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans - would like to introduce a proposed amendment to the zoning ordinance ✓ egarding unregistered vehicles and to hold a public hearing . -- about 3 months ago this Board made a determination regarding unregistered cars , that they directed the Zoning Officer that 1 vehicle would be acceptable and more than one was not. Since that time , because the way the zoning ordinance is written no -vehicles are acceptable. He has talked to an excouncilman who had worked on the drafting of the zoning ordinance and it was his opinion that those items in the o rdinance was to eliminate junk cars and yards in the Town . The intent of the ordinance was to allow- one vehicle . The only thing that you - can define by law is ✓ egistered or unregistered , whether it is junk or abandoned is a matter of interputation . There really is no way that it can be defined . He would like to propose until the zoning ordinance can ~be modified throughout the Town that it be modified to allow one unregistered vehicle on an individual ' s property . • Clm Evans would like to make a motion that this Town Board hold a .public hearing on this modification to the zoning ordinance , to allow a single unregistered vehicle on a piece of property in the Town of Dryden 2nd Clm Schlecht I ' 1 I j 41;3:71777r 'I •kritLY:CW1/-- . }F V I 'i< µ 1 C1m . Schlecht - wanted to know what section of the zoning ordinance this was in . �, . Atty Perkins = Sections 703 , 754 , 804 , 905 , 1004 , 1104 and 1206 . J46.40:: Evans - his. original proposal was to put in the definitions to -make the word • 'li- . vehicle be plural . • 'rr' Atty Perkins = in any part of the ordinance where there is a - restriction about ekeeping any unregistered vehicle for every cone that is ' applicable it will read lots • shall be kept free of vehicles which• are unregistered , or abandoned l ; : Qr _ inoperable , and shall be kept - free of trash , rubbish or junk . For the A � �% ur. ones of • th s' :subdivision the term shall mean more than one 's' 'seh vehicle . T Evans = in a'reag', in the Town where it is not appropriate the Board can Mdeal with . it , W have had an• ordinance which has been in effect for 10 years VW and •' an. d unenforced and " .n many cases where people felt that one unregistered vehicle was• allowed , a K C1m Webb - h .d` ,the same impression that one vehicle was allowed . ,ry; Clip° Schlecht --Would like - to -make a motion to table decision to hold a public J` ; hearing . There was no second - to the motion . Olin Evans - the problem is that there are bout 300 violations sent out and about another 300 to be sent out for- people who thought that they were within the law . ; t. He> felt that this, section of the zoning ordinance should be changed since we • are making a radical change after 10 . years : There was some discussion . Lr i dbt'.fa5•iinw'ruya4'.iw.lbl . .�. _ . ..rs _ .a—.. ._�.�,... .•... _�. RESOLUTION NO . _ 75 1986 ra Councilman Evans offered the following- • resolution and asked for its adoption : The Town of Dryden Zoning Ordinance is amended as follows : i > Subdivision ( 4 ) of Section 703 of said ordinance is hereby amended. to read as follows : 4 . All lots shall be kept free of vehicles which are unregistered ., or abandoned or inoperable , and shall be kept free of trash , nuLbbish or junk , For the purposes of this subdivision the term " vehicles " shall mean more t hn : one such vehicle . • 2., Subdivision ( 4 ) of Section 754 of said ordinance is hereby amended to read a: s fol1csws : . . 4 . All lots shall be kept free of vehicles which are unregistered , or abandoned or inoperable , and shall be kept free of trash , rubbish or junk . For the purposes of this subdivision the term " vehicles " skal. t mean more t han one such vehicle . • 3 . Subdivision ( 4 ) of Section 804 of said ordinance is hereby amended to read as follows : . 4 . All lots shall be kept free of vehicles which are unregistered , or abandoned or . inoperable , and shall be kept free of trash , rubbish or ' junk . kor the purposes of this subdivision the term _ " vehicles " shall mean more t han one such vehicle . • 4 . Subdivision ( 3 ) of Section 9. 05 of said ordinance is hereby amended to read as follows : 3 , All lots shall be kept free of vehicles which are unregistered , or abandoned or inoperable , and shall be kept free of trash , rubbish or junk . For the purposes of this subdivision the term " vehicles " shall mean more than one such vehicle . 5 . Subdivision ( 4 ) of Section 1004 of said ordinance is hereby amended to read as follows : 4 . All lots shall be 4kept free of vehicles _ . which are unregistered , or abandoned or inoperable , and shall be kept free of trash , rubbish or junk . For the purposes of this subdivision the term " vehicles " shall mean more than one such vehicle . . 6 . Subdivision ( 4 ) of Section 1104 of said ordinance is hereby amended to read as follows : 4 . All lots shall be kept free of vehicles which are unregistered , : . or . . abandoned or inoperable , and shall • be kept free of trash , rubbish or junk . For the purposes . of this subdivision the term " vehicles " shall mean more than one such vehicle . . 7 . Subdivision ( 4 ) of Section 1206 of said cordinance is hereby amended to read as follows : 4 . All lots shall be kept free of vehicles which are unregistered , or abandoned or ' inoperable , and shall be kept free of trash , rubbish or junk . For the purposes of this subdivision the term " vehicles " shall mean more than one such vehicle . This amendment shall take effect after publication and as provided by law . Seconded : Councilman Weebb: Roll call vote - Suinv Cotterill YES Clm Evans YES Clm Webb YES Clm Garlock NO Clm Schlecht NO The Town Board wanted to know the percentage of violations of_ having one unregistered or more than one unregistered vehicle . Bob Everett - said that the percentage would be 40% one car and 60 % , more than one . Supt/ Cotterill - wanted to know if the Zoning Officer could legally go on a persons property for inspecting anything? Or does he have to ask permission to leave the road ? Atty Perkins - no , not to leave the road . Each case would turn on its own facts , but as a general rule you have a balancing of the consitution of prohibition against unreasonable searches and siezures and the police power of the Town to enforce the zoning ordinance , . Clm Webb r. the Town Board has had the request before concerning mobile homes on individual lots:: He felt that if the Town was going to study the ordinance mobile homes should. be one of the considerations as to whether or not we allow them in the Town , and if we are thinking of doing something like this , he would like to see a =moratorium until- the- study has been made for moible homes on individual lots . There wasp some . discussion . . `ATTORNEY' . Atty Perkins - at the Village and Town request he has contacted the individuals who have not yet hooked up to the Cortland Rd Sewer Dist . He contacted 4 people and ' have responses from 3 . Mr . Petrillose was the only one who had not: : picked up his mail so it was hand • delive.re.crto ' hilm . He would like a resolution to commence action against Mr Petrillose , and ,anyone else , for whatever form is necessary - to compel them to comply with the sewer use law' and to bringtiferei:property in compliance as soon as possible . Supv Cotterill - about 2 years ago he had received a letter from . the Health Dept and DEC that the laundromat and car wash (Mr Petrillose ) would . be . closed in Oct . 1985 if they weee not hooked up to a sewer system . acceptable to them . Wanted to know what happens to the State and County Health Dept with regard to their order . } 1 i { / 97 There was some discussion and Co Rep Tillapaugh said that he would check into the matter since he is a member of the Board of Health . Atty Perkins - said he would give him all of the information available . RESOLUTION # 76 CORTLAND ROAD SEWER HOOK-UP ACTION Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Town Attorney to commence action for whatever form is necessary to compel anyone to comply with the sewer use `law and bring their property in compliance in the Cortland Road Sewer District as soon as possible . • 2nd Clm Evans Roll call vote - all voting YES HIGHWAY SUPERINTENDENT Hwy Supt Gilbert reported that with the construction of the Dryden Housing and - .the.:heaVyequipment going over Livermore Rd , the road is being broken up , At this time of year the roads are soft , so he would like to post the , road with a weight limit sign of 5 ton . Atty Perkins - that responsibility is with the Town Board to direct the Hwy Supt , It would be a Town Board decision to post the weight limit upon your recommendation . There is an exemption procedure whereupon written application by any operator of a motor vehccle may apply . The Town Board may issue a permit providing appropriate exemption for any vehicle that is performing essential local pickup or delivery service and the failure to grant such a permit would create a hardship . There are provisions by designating a route and other conditions . • RESOLUTION 477 ADOPT ' ORDER TO POST ' LIVERMORE ' ROAD Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt an order temporarily excluding any vehicle with.. a gross weight in excess of 5 tons from Livermore Road . The road has been so posted pursuant to Vehicle and Traffic Law § 1660 ( a ) (11 ) . 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION 478 ' GRANT ' EXEMPTION FROM WEIGHT ' LIIlIT Clm Evans- offered the following resolution and asked for its adoption : RESOLVED , that this Dryden Town Board grant the exemption to the Dryden ' Housing Group , their employees , agents and subcontractors from the five ( 5 ) ton weight limit posted on the conditions contained in the letter from Resource Engineering dated April 10 , 1986 , except that the last sentence in the second paragraph is hereby deleted ( the Town of Dryden will be responsible for the necessary labor and installation of the materials) and the exemption will be effective upon their indication of acceptance of those conditions . This exemption applies to Livermore Road , 2nd Clm Webb . Roll call vote - all voting YES Atty Perkins --- received notice from the liability carrier for the Town . They would like to institute a program where there are participants in Town supported recreation programs to acknowledge in writting and understanding of a hazard associated with the activities in which they participate and to ackowledge that that Town is not providing insurance for injuries that are to be sustained . Atty Perkins --- Willow- Glen subdivision has been approved ' ( 8 lots ) which includes the construction of a new town road south of Ferguson Rd . They have all of the • required . approvals . Upon approval from Hwy. Supt Gilbert the security of $ 22 , 000 to construct the road is adequate . This is also satisfactory with the Planning • Board , The Ordinance speaks in terms of either a cash deposit or a performance • bond to the Town . Neither one of these procedures have been used before . There is a letter of credit which is easier and is just as adequate as a performance bond . A letter of credit , is a letter from a local lendor which states to the Town that upon their written certification that if the improvements have not been. -made by a certain date they will pay over to the Town what it will cost to do those ' improvements . The developer has furnished a letter of credit and the road has- to be completed and deeded to the Town by Sept 22 , 1986 . ZONING OFFICER • Z . O . Stewart - reported 7 building permits for the month of March . 1 one family • dwelling ; 1 addition to a home ; one mobile home ( replacement ) ; 2 garages and 2 storage buildings . ZBOA held 3 hearings : 1- request for a craft shop on Turkey Hill Rd , Alton Rded , this was granted ; 2 - request for a sale of a building lot with less than the required 125 feet road frontage on Ringwood Rd , Lloyd Mix this was denied ;. 3- request for one unregistered vehicle to have on property , . Charles Evans and this was denied . - f � £ 7p •qg." t ter•• L.. •.y l•a 1414; '. 1 • . Z . O . Stewart - issued a zoning violation for starting without a building permit . ' `>. ' This was turned over to the court and action has been taken . fix _ • .� --- Wondered about issuing a violation to -Don Snyder ' s Garage at 976 Dryden Rd . 4'�a ` 4 . • •for having more than one unre isteted vehicle . Should these be allowed or not ,;, (4 . : .for g . since he has a working garage . • 4 r' - YtAtt Perkins - was he extending the nonconforming use by collecting old cars . � � ,L. . Y g g Y g r You should determine the use when Mr Snyder took over the garage . He can ' t w } .. , " extend , expand or enlarge it . The use did not include haying a supply of . old ' junk - or wrecked vehicles, and it should not be allowed without a variance . t.`•, • HIGHWAY ' SUPERINTENDENT I 1 .'.t. j y . . .. • Supt Gilbert - reported on DEC regulations for underground fuel tanks . --- recommendation from Bailey Insurance regarding paintroom in their shop . RESOLTUION # 79 . REJECT BID ON STONE ' CRUSHER • Clm Web.4 offered the following resolution and asked for its adoption': f:: RESOLVED , • that this Town Board authorize the Hwy Supt . to reject the bid for one stone crusher and, authorize him to rebid . Received one bid from the ' Town of Berkshire . ' 2nd 'Um Garlock ! Roll call vote - all voting YES • RESOLUTION FOR TOWN HIGHWAY EQUIPMENT PURCHASES #p79 RESOLUTION BY £eprge. ,Srhlecht SECONDED BY Kara . Oarl.o k WHEREAS , THE TOWN SUPERINTENDENT OF HIGHWAYS DID , ON THE . . . . 8th DAY orAprii . . . . 19 86 , DULY RECOMMEND THE PURCHASE OF CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS OF SECTION 142 OF THE HIGHWAY LAW , NOW , THEREFORE , BE IT RESOLVED THAT THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO PURCHASE , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 - A OF THE GENERAL MUNICIPAL LAW , T FOLLOWING THE ope. 1.986, three. axle, tractor FOR A MAXIMUM PRICE OF S.i(t'. thpusand. n:- ne . hundred . na-n° tyipur . and . QO/100 . . . . . . . . . . DOLLARS . is 60 , 994 . 00 ) DELIVERED AT . Main . Street . , . Dryden N Y • BY July 30 , 19 86 . THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO SURRENDER TO THE VENDOR • THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - IN VALUE OF , $ • A CONTRACT FOR THE ITEM ( S ) PURCHASED SHALL BE DULY EXECUTED IN DUPLICATE BETWEEN THE TOWN SUPERINTENDENT OF HIGHWAYS AND SUCH VENDOR . WHEN THE CONTRACT HAS BEEN EXECUTED AND APPROVED , AND UPON DELIVERY OF THE ITEM ( S ) PURCHASED , THE SUPERVISOR SHALL PAY THE FOLLOWING AMOUNTS AS SPECIFIED . . . • 1 . S 60., 994 . 00 a FROM BUDGETARY APPROPRIATIONS FOR PURCHASE OF EQUIPMENT 2 . • $ FROM THE PROCEEDS OF OBLIGATIONS ISSUED PURSUANT TO LOCAL FINANCE LAW . - AUTHORIZED BY SEPARATE RESOLUTION . 3 . S INSTALLMENT PURCHASE - SPECIFY TERMS • S VOTE OF TOWN B O A R D ( AYE ) ( T ) . . . Clinton . E . Cotterill SUPERVISOR VOTE OF TOWN BOARD ( AYE ) ( n `X . . . . Karl . Garlock TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) ( George . Schlecht TOWN COUNCILMAN 'VOTE OF TOWN BOARD ( AYE ) ( MA ) . TOWN COUNCILMAN �.g� WITZ OF TOWN BOARD ( AYE ) ( rt'AX ) . . . . Charles . Evans TOWN COUNCILMAN ` 4t . Y ) Vf•1ti1T! .; • ••M5T{v 4Ltc. .5 ��'y {.il�i 4`g•p LX Y - �� 'AI`t. --`:� -- - Y • t ,l"«r € •. fi. .. 1 . t .c i'Y hh l • ji ' C I i 1 • I M iY. . /fcg L " . . . , F . I . ., , . 0. a . , . ›.... . , , ,. . . . . • : ,• _- -- - ..�.�_4 _. i • . - RESOLUTION FOR TOWN HIGHWAY EQUIPMENT PURO-(ASES # 80 RESOLUTION BY Karl Garlock . SECONDS : - BY George Schlecht WHEREAS , THE TOWN SUPERINTENDENT OF HIGHWAYS DID , ON THE 8th DAY OF April . . . 19 . . . 86 , DULY RECOMMEND THE PURCHASE OF CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS OF . SECTION 142 OF THE HIGHWAY LAW , NOW , THEREFORE , BE IT RESOLVED THAT THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO PURCHASE , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 - A OF THE GENERAL MUNICIPAL LAW , THE FOLLOWING one . 1986 . . Chipper FOR A MAXIMUM PRICE OF Thirteeu . tbousaud . fourhuodred . ni- neteven . and . 3 .0QQ . . . . DOLLARS . ( 5 . . 130497 : 35 ) DELIVERED AT 61 E . Main St . Dryden N Y BY May 30 19 86 . THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO SURRENDER TO THE VENDOR Illt THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - I N VALUE OF $ A CONTRACT FOR THE ITEM ( S ) PURCHASED SHALL BE DULY EXECUTED IN DUPLICATE BETWEEN THE TOWN SUPERINTENDENT OF HIGHWAYS AND SUCH VENDOR . WHEN THE CONTRACT HAS BEEN EXECUTED AND APPROVED , AND UPON DELIVERY OF THE ITEM ( S ) PURCHASED , THE SUPERVISOR SHALL PAY THE FOLLOWING AMOUNTS AS SPECIFIED . . . $ 13 , 497 . 35 FROM BUDGETARY APPROPRIATIONS FOR PURCHASE OF EQUIPMENT 2 . $ FROM THE PROCEEDS OF OBLIGATIONS ISSUED PURSUANT TO LOCAL FINANCE LAW . - AUTHORIZED BY SEPARATE RESOLUTION . • 3 , S INSTALLMENT PURCHASE - SPECIFY TERMS $ VOTE OF TOWN BOARD ( AYE ) ( 00f ) . . . Clinton . E . . COtterill SUPERVISOR VOTE OF TOWN BOARD ( AYE )' 1 ( f ) . . . Karl . Garlock TOWN COUNCILP VOTE OF TOWN BOARD ( AYE ) ( ttflX . . . George . Schlecht TOWN COUNCIL VOTE OF TOWN BOARD - ( AYE ) ( y . . . Merton . Webb TOWN COUNCILh.. _ . VOTE OF TOWN BOARD ( AYE ) ( NNX ) . . . Charles . Evans TOWN COUNCILMAN —CORRESPONDENCE - , Ambulance repo'it - - , • 4j. _ , . q. R, ' ir 4..110 RESOLUTION # 81 APPOINT YOUTH BOARD MEMBER Supv Cotterill offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Kim Chase to the Tompkins County Youth Board as the Town of Dryden representative . 2nd Clm Schelcht Carried • RESOLUTION # 82 APPOINT ENVIRONMENTAL MANAGEMENT COUNCIL Supv Cotterill offered the ' following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Robert Bland to the Tompkins County Environmental "Management Council as the Town of Dryden representative . 2nd Clm Schlecht Carried . RESOLUTION # 83 TRANSFER FUNDS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 728 . 31 from contingency (_1990 . 40 ) to the following accounts : 1620 . 47 - $ 25 . 00 ; 5132 . 47 - $ 25 . 00 ; 1989.. 40. - $513 . 42 ; and 8030 . 40 - $ 164 . 89 2nd Clm Webb Roll call vote -- all voting YES JUSTICE REPOR.T . - $ 6 , 06100 . • RESOLUTION # 84 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the general- fund bills be paid as audited . 2nd Clm Webb . Roll call vote - all voting YES - r" "RESOLUTION # 85 AUDIT HIGHWAY - FUND BILLS ,J Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . y, 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION # 86 AUDIT SPECIAL DISTRICT BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the special district bills be paid as audited . 2nd Clm Evans Roll call vote - all voting YES FINANCIAL REPORT - given to Board members ° D ISCUSSION . Special permit hearing . - Jim Horton Atty Perkins - the intent and purpose of -the MA Zone and the regulations is to establish and identify specific areas where small and intensive retail business , - industrial and -manufacturing . development will ' be encouraged , where minimum performance standards will be required and to protect the value and efficiency o f such_ areas by excluding them , as far as possible , non-compatible land uses . There are 15 allowed uses by the Site Plan Review in - Section 1201 . Section 1203 - any use not specifically enumerated shall be allowed only by special permit . S'ecti.on 1204 lists prohibited uses including mobile home parks , mobile homes on individual lots-, residences and junk yards . There is no mention of multiple dwellings except if someone considers it as a residence . The Town Board will h ave to decide which applies Section 1203 or 1204 or both . Also you need to chtermine• if the use is going to be allowed by special permit whether or not the only requirement is to comply with. the provisions of Article XIII or comply with. Article XII'I and the Site Plan Review- Article XXIII . Clm Evans -- felt they should comply with both Article XIII and Article XXIII , Atty Perkins - you would then have to resolve whether or not Section 1204 is read 41gng with Section 1203 or should 1203 be by itself . CIm Webb - was concerned about the sewage limitation that we have with the ✓ i`llage. of Dryden . This application looks like a heavy sewer use . This was made a `MA Zone for a purpose and should be for that purpose only with no exceptions . Clm Evans - also concerned about the sewer . There should be more figures available . He is not opposed to the proposal , assuming that it isn ' t going to disrupt the rest of the sewer district . He felt concerned the 48 unit for Dryden Housing is going to impact the sewer usage . If someone can show that it will not be a problem he could see no reason for not allowing the permit . Without seeing figures , he can not accept the way it is now . He would like some figures supplied to the Town Board as to what the additional sewer usage is based on the contract . • i T Atty Perkins - there is a problem because all of the people are not hooked up yet . Clm Evans - that could stop the rest of the development in the MA Zone if the Town has already gone over the contract limit since this 48 unit has been approved . Clm Evans' - requested that the decision be tabled until there were figures as to what the sewer usage would be as to what was agreed upon with the Village . Atty Perkins - under Section 1303 the applicant shall give the Town Board a written application Wfiieh, shall include a statement appraising the effect of the proposed use on adjacent properties and development to the neighborhood . Clm Evans -• request an estimate of sewage use from Jim Horton regarding his application for development and also the approved 48 unit development unit from Dryden Housing . This *i11 have an impact on future development that might be more appropriate in the MA Zone . If this will not impact the future development in the MA Zone , there .will . be .no .problem , but if it jeopardizes - � the sewer usage to a point where you will not be able to develop . . anymore , because there will be. no sewer capacity this would be serious . The Town Board decided to table the decision until there were- figures furnished for the sewer usage . . Dicussion regarding Karel Westerling special permit . Clm Evans his concern is the traffic situation . Traffic on that road is already serious and the road is not in that good shape . He felt that there is a serious environmental impact by the additional traffic that would be generated by the trailer park . Also was concerned with the drainage problem . The Town Board did feel that the trai .lex Park was well designed and thought out . Clm Schlecht is not opposed to the trailer park itself , but is opposed to any trailer park that is not on public water and sewer . He would like to see in the Town Ordinance that trailer parks will not be allowed unless they are on public water and sewer . Clm Garlock was also concerned about not being on public water and sewer . He felt that if there was going to be a concentrated residential dwelling it should be on public water and sewer . There was also concern about the aquifer . Clm Webb was in favor . If there are going to be mobile homes they should be in parks and not on individual lots . Would like to send it to the Planning Board for their recommendation . If the Planning Board will turn down the application than he would also be in favor for turning it down . Clm Schlecht - if it is sent to the Planning Board it would be that the Town Board did approve the application . RESOLUTION # 87 REJECT APPLICATION FROM KAREL WESTERLING Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board reject the application from Karel Westerling and Patricia Hauge for a 48 unit mobile home park on West Dryden Rd since it is not • on public water and sewer and the traffic conditions . 2nd Clm Evans Roll : call vote - Supv Cotterill Yes • Clm Schlecht Yes Clm Garlock Yes Clm Evans Yes Clm Webb No Recessed to executive session The following action was taken after executive session . c y k RESOLUTION # 88 Councilman Webb offered the following resolution ' and asked for its adoption : WHEREAS , the Town of Dryden has committed itself to search for a source of water located outside of the Village of Dryden and on property identified as Town of Dryden Tax Map Parcel # 38 - 1 - 28 . 2 , owned by Ronald Goddard and Mary Goddard , and WHEREAS , a temporary easement and an option to purchase the necessary property should be granted prior to the Town commencing any test drilling operation on said property , and WHEREAS , negotiations have been conducted on behalf of t he Town and with Ronald Goddard And Mary Goddard for such a t emporary easement and option to purchase , and WHEREAS , the Goddards have offered to the Town a t emporary easement and option to purchase on the terms and conditions contained in a letter dated April 3 , 1986 and attached hereto and incorporated herein . by reference , and WHEREAS , the subject parcel of property is more particularly shown on a sketch prepared by Hunt Engineers , P . C . and 2 - 10 - 86 , which sketch is attached hereto and incorporated herein by reference , NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Dryden as follows : 1 . The Town of Dryden hereby accepts the Goddard offer for a temporary easement and an option to purchase a 400 ' x 400 ' parcel in the southwest corner of said tax map parcel ( said parcel being more particularly described in a deed dated February 5 , 1965 and recorded February 15 , 1965 in Liber 455 of Deeds at page 317 in the Tompkins County Clerk ' s Office ) on the terms and conditions set forth in said letter and as understood in this resolution . 2 . With respect to item # 2 contained in said letter the Town or the District to be formed agrees to waive any hookup charges including application fees or inspection fees . for up to twenty ( 20 ) hookups on the Goddard property . This waiver does not mean that inspections or applications are waived , only the fees associated with the same , including any general hookup , charge . Water usage shall be paid for according to standard district charges . 3 . . With respect to item # 3 contained in said letter , if a water line is extended across any Goddard property , the cost of said extension and construction shall be assessed- to the improved property according to Town Law and consistent w ith other assessments in any water district of which the above parcel is a part . 4 . With respect to item # 4 contained in said letter , the Town or the District to be formed agrees to furnish water to any apartment house constructed on ' said parcel with the free water usuage to . be limited to 990 gallons per day w ith any excess gallonage billed at standard district charges . 5 . With respect to Paragraph 2 and 4 of this resolution , the obligation of the Town is limited during such time as the Goddard property is owned by either Ronald Goddard or Mary Goddard or the survivor of them but not to any estate or subsequent owner , purchaser or owner . SECONDED by Councilman Evans Roll call vote all voting YES I I I it RESOLUTION # 89 Councilman Garlock offered the following resolution and asked for its adoption : WHEREAS , the Town of Dryden has committed itself to search for a source of water located outside of the Village of Dryden and on property identified as Town of Dryden Tax Map Parcel Nos . 35 - 1 - 15 . 3 ; 35 - 1 - 15 . 1 and 35 - 1 - 15 . 4 owned by Central School District No . 1 of the Town of Dryden and Groton , Tompkins County and Harford , Cortland , New York , and WHEREAS , a temporary easement and an option to purchase t he necessary property should be granted prior to the Town commencing any test drilling operation on said property , and WHEREAS , negotiations have been conducted on behalf of t he Town and with Central School District No . 1 of the Town of Dryden and Groton , Tompkins County and Harford , Cortland , N ew York , for such a temporary easement and option to purchase , and WHEREAS , the subject parcel of property is more particularly shown on a sketch prepared by Hunt Engineers , P . C . and 2 - 10 - 86 , which sketch is attached hereto and incorporated herein by reference , and WHEREAS , the Town Board has reviewed the proposed temporary easement and option to purchase real property and finds them to be in a form which acceptable to the Town and has approved the substantive terms of those instruments , NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Dryden as follows : The Town Supervisor of the Town of Dryden is hereby authorized and directed to execute the temporary easement and option to purchase real property on behalf of the Town of Dryden in the form as presented to the Town Board or in such other form as may be acceptable to the Town Attorney provided the substantive terms of those instruments are not changed . Webb SECONDED . by Councilman Roll call vote - all voting YES Adjourned : 11 : 15PM Susanne Lloyd Town Clerk 5' • r• , . 1, , ,•. : . SPECIAL MEETING ' APRIL 11 , 1986 f ; . :t :, , ■ 11/ . TOWN OF DR YD EN NOTICE OF ADOPTION OF RESOLUTION SNYDER HILL WATER DISTRICT PLEASE TAKE NOTICE as follows : At a special meeting of the Town Board of the Town of . D ryden , Tompkins County , New York , held at the Town Hall , 65 E ast Main Street in Dryden , New York , in said Town , on April 11 , 1986 , at 12 : 00 o ' clock noon , Prevailing Time , the meeting was called to order by Supervisor Cotterill , and upon roll being called , there were PRESENT : Clinton E . Cotterill , Supervisor George Schlecht , Town Councilman Merton Webb , Town Councilman Charles Evans , Town Councilman Karl Garlock , Town Councilman ABSENT : None ; The following resolution was offered by Councilman £ VANS who moved its adoption , seconded by Councilman 6A ( LcCK to wit : RESOLUTION DATED : April 11 , 1986 . A RESOLUTION APPROVING THE ESTABLISHMENT OF SNYDER HILL WATER DISTRICT IN THE TOWN OF DRYDEN , TOMPKINS COUNTY , NEW YORK , AND APPROVING THE CONSTRUCTION OF IMPROVEMENTS P ROPOSED THEREFOR . WHEREAS , the Town Board of the Town of Dryden , Tompkins County , New York , has made the determinations described in Subdivision 1 Section 209 - e of the Town Law with respect to the Snyder Hill Water District ; and WHEREAS , it is now desired to adopt a further resolution pursuant to subdivision 3 of Section 209 - e of - the Town Law approving the establishment of said Snyder Hill I Water District and the construction of the improvements proposed ; NOW , THEREFORE , BE IT ' RESOLVED , by the Town Board of the • Town of Dryden , Tompkins County , New York , as follows : Section 1 . The establishment of Snyder Hill Water D istrict to be bounded and described as hereafter set forth , and the construction if improvements therein consisting of t he purchase and installation of approximately 2 , 000 lineal feet of eight inch water main , including valves and hydrants , together with incidental improvements required t herefor , to serve said District , is hereby authorized and r . • yy fA: I • : . , - 1 T., ' ' ��"} litII ye��° �, 1 + e r j Arm a .441 tl �y if it 44 4aa'Sry-- Y '-r „� y r ,1 i �� yy`Y,T{�:: "S , f. i q��?"Fric . 'm,.yy,, 9> kN 'rr�f 'y ;S +? "' a' ` •i7 ttyL `{' �f,_ `aG 'tikG� { rq +- `i �?�i ` •z,. ,...44.,,,,g-{/,. Y• ..�i' '�>3. v.�e .e..h'4S',. t(r`E1..` 1 ��M1't: lF,..+ .y41'cicx.f;d .e;eu2n . r ltf.��- .. bi _x,. .4uZ Tt i _ .1ro.. .t,'.. _ fI j il"'k 35 . i �' � f .- .: r „- " ,y.., , .:.c` � - �+'1N.�. .E .r - ., .. - : :N. v . v'i1LV!J cif_. , . . >y.!1r - ) ∎ •• r approved . The maximum amount to be expended for said improvement shall not exceed $ 116 , 975 . The cost of said improvement shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period • not exceeding forty years , assessed , levied and collected from the several lots and parcels of land within such Water District in just proportion to the amount of beenfit which said water improvement shall confer upon said . lots or parcels . Section 2 . Said Snyder Hill Water District shall be bounded and described as follows : All that tract or parcel of land in Town Lot 87 , Town of Dryden , Tompkins County , New York described as follows : B eginning at the intersection of the centerline of • Snyder Hill Road with the Town line between the Town of Ithaca , on the west , and the Town of D ryden , on the east ; thence , 1 ) Northward along the said Town Line 930 feet , more or less , to the northwest corner of Tax Map P arcel ( T . M . P . ) 69 - 1 - 1 . 2 ; thence 2 ) Eastward along the north line of T . M . P . 61 - 1 - 1 . 2 a distance of 576 feet , more or less , to the northeast corner of said parcel ; thence , 3 ) Southward along the east line of said parcel , the east line of T . M . P . 69 - 1 - 1 . 14 and its southward projection 1140 feet , more or less , to t he centerline of Snyder Hill Road ; thence 4 ) Eastward along said centerline 34 feet , more or less , to the southward projection of the west line of T . M . P . 69 - 1 - 4 ; thence , 5 ) Northward along said projection and along said west line 340 feet , more or less , to the northwest corner of said parcel ; thence 6 ) Eastward along the north line of T . M . P . 69 - 1 - 4 , 5 , 6 , 7 , and 8 a distance of 775 feet , more or less , to the northeast corner of T . M . P . 69 - 1 - 8 ; t hence , 7 ) Southward along the east line of said parcel 221 feet , more or less , to the northwest corner of T . M . P . 69 - 1 - 9 ; thence y1�1 'V } f • � ) y c ' ` ' f erfa „1$ ..xn- gs 8 ) Eastward along the north line of said parcel 179 feet , more or less , to the northeast corner of said parcel ; thence , 9 ) Southward along the east line of said parcel 55 feet , more or less , to the northwest corner of T . M . P . 69 - 1 - 10 ; thence , 10 ) Eastward along the north line of said parcel and its eastward projection 185 feet , more or less , to the centerline of Snyder Hill Court ; thence , 11 ) Southward along said centerline 200 feet , more or less , to the centerline of Snyder Hill Road ; thence , 12 ) Eastward along the centerline of Snyder Hill Road 150 feet , more or less , to the northward extension of the east line of T . M . P . 69 - 2 - 13 ; thence , 13 ) Southward along said extension , and along said east line of T . M . P . 69 - 2 - 13 a distance of 250 feet , more or less , to the southeast corner of T . M . P . 69 - 2 - 13 also being the southwest corner of ! Ill T . M . P . 69 - 2 - 14 ; thence 14 ) Eastward along the south line of T . M . P . 69 - 2 - 14 and T . M . P . 69 - 2 - 15 a distance of 250 feet , more or less , to a northwest corner of T . M . P . 69 - 2 - 16 . 2 ; thence , 15 ) Southward along the west line of T . M . P . 69 - 2 - 16 . 2 a distance of 545 feet , more or less , to t he southwest corner of said parcel ; thence 16 ) Eastward along the south line of T . M . P . 69 - 2 - 16 . 2 and an extension of said south line a d istance of 650 feet , more or . less , to ' the eastline of T . M . P . 69 - 2 - 3 . 2 ; thence 17 ) Southward along the east line of T . M . P . 69 - 2 - 3 . 2 a distance of 2000 feet , more or less , to t he most southeast corner of said parcel ; thence 18 ) West along the south line of said parcel for a distance of 650 feet , more or less , to the southernmost southwest corner thereof ; thence I . ... + ' • rt . .. e2 . . S; I ' (94J 19 ) Northerly along a west line of said parcel for a distance of 1560 feet , more or less , to a point ; thence 20 ) Westerly a distance of 565 feet , more or less to a point ; thence 21 ) Southerly along an east line of said parcel for a distance of 600 feet , more or less , to a southeast corner of said parcel ; thence 22 ) Westerly along a south line of said parcel for a distance of approximately 1290 feet , more or less to a southwest corner of said parcel ( T . M . P . 69 - 2 - 3 . 2 ) ; thence 23 ) along the west line of said parcel for a d istance of 1030 feet , more or less to a point ; t hence - 24 ) Westerly for a distance of 270 feet , more or less to the west line of said parcel , being on the line between the Town of Dryden on the East and t he Town of Ithaca on the West ; thence 25 ) Northerly along said Town line a distance of 1330 feet , more or less , to the point of beginning . Section 3 . The Town Clerk shall within ten ( 10 ) days after the date - this resolution become effective , file certified copies of this resolution in duplicate in the • . - . o ffice of the State Department of Audit and Control at • Albany , New York , together with an application by this Board in duplicate for permission to establish such district as provided for by Section 209 - f of the Town Law of the State o f New York ; and that such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town . Section 4 . This resolution is adopted subject to permissive referendum . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which ✓ esulted as follows : Clinton E . Cotterill voting Yes G eorge Schlecht voting Yes Merton Webb voting Yes Charles Evans voting Yes K arl Garlock voting Yes . The resolution was thereupon declared duly adopted . Susanne Lloyd Town Clerk • rh • Sxti t9 s �ii ` . { L , r l r✓ '..�. as l''.:+ 2n(. y c F. . �`,. ' Z ) . • ' Owe / There was some discussion regarding Jim Hortons application . Clm Webb - was against building houses in a MA Zone . He could see one exception in this case because of the two houses that border the MA Zone where the apartment buildings would be built . This would be more acceptable than something else . He felt that this would be as good 'a buffer as anything and will not vote for any housing from now on in aMA Zone and it should be discouraged . Clm Garlock - felt that it would also be a good buffer for the two houses already there . Clm Evans - is not opposed to the apartments but is still concerned about the sewage as to whether or not this would create serious problems and jepordize the rest of the people in the sewer district . This is going to use more sewage than other applications in the MA Zone . Clm Webb - wanted to know what the Town is bound to in the contract with the Village . Atty Perkins - you are bound for a period as long as the bonds were issued for the improvements to the plant . It would be no less than 20 years and no more than 40 . To pay to the village , for the Village accepting sewage from the Cortland Rd Sewer Dist . It would be 112 the rate of whatever the Village charges . The people will be billed at the same time the Village residents are billed . There is a limit of the amount of, sewage that the Village has to accept according to the formula , and in no event will it be less than 30 , 000 gallons a day or over 50 , 000 a day . In the event that it exceeds the limit that is established , there is a provision that the district will pay the cost to upgrade the Village of Dryden sewage treatment plant to the point that it will give the Village at least as much excess capacity as it had prior to the limit that is established and everyone is hooked up And has been monitored for one year . This is the dilemma because you don ' t know if you are over the limit right now because not everyone is hooked up . You will not have any figures- until at least one year after everyone is hooked up . The Village . - would be required to accept 35 , 000 and nothing over . Any Perkins - felt that Hunt Engineers should be involved at this point to get some projection based upon what infonnation we do have including at least 6 month figures for the people that have been hooked up , to find out what kind of flows we have. , come up with, some realistic projections for what we can expect from the 48 unit housing , and to see if we have a problem in going over the limit . The Town Board decided that they need figures before a decision could be made . Hwy Supt Gilbert - damage that has been done to Livermore Rd is $ 1 , 500 for material only. He has spoken with Tim Buhl and they feel that they don ' t have to pay for this damage that has already been done since the road had not been posted until after the damage was done . Effective as of 4-11-86 any damage that is done to Livermore Rd , Walker Rd , Simms Hill Rd and Bradshaw Rd Dryden Housing Group will be responsible for materials , labor - and costs to put the roads back into shape . Atty Perkins had spoken with Tim Buhl and there was approximately 5800 sq ft worth of damage done to the road , which has been done by them . Tim Buhl had indicated to him that they should not have to repair the road since it was done before the road was posted . Tim proposed to him that they would be responsible for • any .more damage done to the road after the posting , or beyond the 5800 sq ft only with regard to the materials to fix the road . The Town would have to bear the expense for labor and equipment . If you are willing to grant the exemption you should consider material , labor and expense . There was some discussion and the following was decided . RESOLUTI'ON.. # 91 ADOPT ORDER TO POST BRADSHAW. .RD , LIVERMORE RD , SIMMS ' HILL RD ' AND WALKER ROAD . Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt an order temporarily excluding any vehicle with- a gross weight in excess of 5 tons from Bradshaw Road , Livermore Road , Simms H `1 ], Road and Walker Road . These roads have been so posted pursuant to Vehicle and Traffic Law §1660 (a ) ( 11 ) . 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION # 92 GRANT EXEMPTION FROM WEIGHT LIMIT Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Dryden Town Board grant the exemption to the Dryden Housing Group , their employees , agents and subcontractors from the five ( 5 ) ton weight limit posted , on the conditions contained in the letter from Resource Engineering dated April 10 , 1986 except that the last sentence in the second paragraph is hereby deleted (the Town of Dryden will be responsible for necessary labor and installation of the materials ) and the exemption will be effective upon their indication of acceptance of those conditions . This exemption applies to Livermore Road , Bradshaw Road , Simms Hill Road and Walker Road . 2nd Clam Evans Roll call vote _ all voting Yes Susanne Lloyd Town Clerk l