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HomeMy WebLinkAbout1986-05-06 a0 • SPECIAL MEETING May 6 , 1986 t Supv Cotterill called the meeting to order at 12 : 15PM turned the meeting over to Deputy Supv Webb and then excused himself . Present : Supv Cotterill , Clm Webb , Clm Evans and : Clm ' Gario:ck There was discussion regaring the application from Jim Horton to build a 16 unit apartment Building and the following resolution was made . Both Supv Cotterill and Clm Schlecht abstained from making the decision . RESOLUTION # 93 GRANT SPECIAL PERMIT Jim Horton 1 } Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to James Horton to build a 16 unit mulitple residence on lot # 4 of the Dryden Enterprise Subdivision at approximately 58 I'reeville Rd -• Rt # 38 with the following - conditions: I- that Jim Horton " has to meet with Wood and meet all of the other regulations that are involved with the development ; and that the permit be granted after the Site Plan Review Board has met ; 2- that the developer must understand that this Town " Board will not be responsible for any kind of development that would go in next to his apartment complex that would be detrimental to him since his development is in a commercial zone ; and 3- that an additional buffer strip be required , plus the buffer strip that is required in the Site Plan Review . 2nd Clm Evans _ Roll call vote - Clm Garlock Yes Clm Evans Yes Deputy Supv Webb Yes Adjourned : - 12 : 30 PM Air . ` ' / r1 Susanne Lloyd : T0dirk • 4 It I _ > ago - ` TOWN BOARD MEETING MAY 13 , 1986 Minutes of the Board meeting held May 13th Supv Cotterill called the meeting to order at 7 : 00PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk - Present : Supv Cotterill , Clm Evans , Clm Garlock Clm Schlecht , Atty Perkins & Z . O . Stewart Absent : Clm Webb - Supv Cotterill appointed Clm Garlock to audit the general and special fund bills . Approval of - the minutes : Motion was made by Clm Evans and seconded by Clm Garlock that the minutes of the April 8th Board meeting be approved as submitted . COUNTY 'BRIEFING -- Co Rep Tillapaugh - wanted to let the Town Board know that there has been a proposal for a 165 unit mobile home park in the Town of Caroline . It is adjacent to the Town of Dryden on Rt 79. and there are residents in our Town that are opposed -- with regard to last -months meeting you expressed a concern regarding the Portzline Trailer Park laundry and carwash with their method of disposal of water and sewage . Atty Perkins did send a letter which he took to the Tompkins County Board of Health meeting . There was a discussion and they promised that would contact Atty Perkins . -- the County Board did reaffirm their ' vote to move the DSS Dept to the old hospital . The County Planning Dept and Probation Dept have already move to the old hospital . -- reported on the closer plans for the Caswell Rd landfill with the new requirements from DEC . CITIZEN PRIVILEGE OF THE FLOOR Don Armstrong , 1499 Ellis Hollow Rd ' - He spoke on behalf of Vestal Asphalt who he works for . They are the low bidder in liquid asphalt for the county which also includes townships which they so choose and also low bidders in the State of New York , He has documents to prove it and he would like the Town, of Dryden to consider them as a company to do their work for them . If not he would like to know why not , He also works with Bill Mobbs , for Tompkins County , Chemung County and other places around for over the last 36 years . Supv Cotterill it appears to him that the County is going along with putting another dump in the Town of Dryden . He felt that the Town Board - should send . another resolution to the County reiterating their statement that they are opposed to another landfill in the Town of Dryden . - .Co Rep Tillapaugh- - the County did advertise in the - paper for anyone interested in selling their land for a landfill and they . received .very . few : responses , At the present time there are 5 or 6 in the County that are being looked at , COUNCILMAN 'PRI'VIL'EGE OF "THE TLOOR Clm Evans - reported that Bolton Point Water Commission has made a . decis'ion that fire companies in which_they serve with_ water will be charged for water not used for fire fighting , maintenance of their equipment or training purposes , They have metered all fire companies within their area . They will require the fire chief to certify the amount of water that is used for exempt purposes within 30 days after receiving their bill for credit on the next bill , ATTORNEY Atty Perkins - reported on the Snyder Hill Water Dist , There . were . hopes that the State Comptroller , who is responsible for the passing of this matter and sign an order establishing the district . They- are concerned about the cost and he has sent them as -much information that he can documenting the . need . for an establishment there . The State Comptroller has reviewed our final order establishing the district and he maintained that the cost is objective on the annual ` basis ' is twice the . rule of thumb permitted . If we could get the people who did not sign the May 12th ., 1985 petition to sign , he would reconsider their position and . perhaps they would adopt an order establishing the district . Atty Perkins has gone through the list and a has come up with seven names who did not sign the petition , These seven people will have to sign some kind of indication that they do not have any objection to the establishment of the district . Apparently because of the undue burden to each homeowner in the ,district the State Comptroller is very cautious , - They will not pass on the district until everyone that would be involved in the district has signed . Atty Perkins - has several items for executive session . TOWN CLERK • • ` RESOLUTION # 94 APPOINT DOG ENUMERATOR - Mr & Mrs Leland Kirk Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Mr . & Mrs . Leland Kirk as dog enumerator for the Town of Dryden , to be paid $ 1 . 00 per dog for the year 1986 . 2nd Clm Evans Roll call vote - all voting YES There was some discussion on .the request for water and sewer extension on Rt 366 and Turkey Hill Rd . . . Supv Cotterill - they have received some figures back from the engineers that • proved to be higher than they had anticipated . They are looking at different objectives to see if they would be feasible , so it still in the study stage : ZONING OFFICER - 20 building .permits for the month of April 10 one- family dwellings ; 1 mobile home ; 3 additions ; dining pavilion for Camp Fire Girls ; renovation of an apartment building on Beam Hill •Rd ; repair of a fire damaged house ; 1 swimming pool ; 11 storage building and an auto sales repair at 116 North St . ZBOA held 2 hearings - 1- an addition to the front of a house at 344 Turkey Hill Rd with less than the required setback , this was granted . 2- Lloyd Mix reapplied for a building permit on a lot with less than the required road frontage of 125 feet , this was granted . . Z , O , Stewart - questioned the Board with regard to the auto sales at 1808 Hanshaw Rd . • Atty Perkins. . - the application is sufficient and is in compliance . There is a Site Plan 'Review which is• required and Mr Ambis has submitted his application . Clm Evans - felt that under any circumstances he went into business without a permit and -made no " : attempt to get any approval . According to his letter he made a minuscule - attempt . He felt that he opened his business and was in violation of the law : He should know- by now that he is in violation . He didn ' t like to close someone down , but does not see any other option . Z , O . Stewart - had sent a violation letter and gave him 10 days to comply , which he filled out the application with the required fee . There. .has just been a hold up with Gary Wpodgoing over the plans . Gary has set up a time schedule which Mr Ambis should refer to with. . the Town Board for review by the lst ' of June . Clm Evans proposed that -Mr Ambis must perform to the schedule as requested by Gary Wood in a -meaningful manner . When the Site Plan Review Board reviews the application on June 10th to determine if he is meeting the time schedule as proposed by Gary . If on June 10th he has not than the Board consider - a resolution to cease operations . Supv Cotterill . authorized . Z, O , . Stewart to notify Mr Ambis of their decision . Z , Q , Stewart - there was some discussion regarding the garage repair shop on West Dryden Rd and the junk and old cars that are being collected outside . The Town Board authorized Z . O . Stewart to keep track of the cars and junk outside and to use his judgement . If there is a violation send him . a letter and if he does- not comply turn it over to the Justice . Dept . PUBLIC HEARING May 13 , 1986 • ZONING ORDINANCE AMENDMENTS Supt/ Cotterill read the notice that was published in the newspaper to consider the proposed amendments- to the Zoning Ordinance regarding urrregisthd or abandoned vehicles . 'QUESTIONS ' AND : OR COMMENTS Atty Perkins - the intent of the amendment ' is to allow one unregistered vehicle on any lot which will change the existing ordinance , Supv Cotterill - the existing ordinance states that you can not have any • unregistered , abandoned or inoperable vehicle on your lot . Catherine Brown , 515 Lower Creek Rd - in the last 6 to 8 months they have made 2 complaints about such unregistered vehicles in their neighborhood . The first complaint has been taken care of and cleaned up . The second complaint on the corner of Hanshaw Rd had three unregistered vehicles , 1 truck , 1 stationwagon and a car . Since he has received his notice he has taken the car , cut it in half and has put the engine someplace out Of site and moved part of the car to another location on the property . , The truck has been there for at least 2 years . There is no reason for these vehicles to be in sight where everyone has to look at them and deface the neighborhood . • eR / E laine Genung , " Ellis Hollow Rd , they have 85 acres and their house is 400 feet back from the road . Whoever came to see if they had any unregistered vehicles had to be trespassing in order to see . She felt that anything that cannot be seen from the road should be nobodys business . She could "see it in a highly populated - area . This property has been in the family for years and is highly secluded . The, do keep this extra car for parts for her husbands hobby in building wagons . Clm Schlecht - understood , but wanted to know how you control the number of cars or junk where no one could see them . How -would you control that , where do you draw the line on the number of vehicles . . . Mrs Genung - was very upset because no one came to her door , stating that he was with the Zoning Office and would like to check her property for unregistered vehicles . The Town Board was open . for suggestions and wording and wanted to know if the ordinance was worded anything that . cannot be seen from the road or any place off the property , if that would be acceptable wording . Mark Watson ,- thought that it would be better to have the person apply for a special permit rather .; than change the wording . - Alice Snyder , 1204 Dryden Rd - there are a lot of people in the area that collect and restore old cars so they should apply for a special permit . Ed Couch , 87 Yellow Barn Rd - wondered who would determine which - is garbage and which is junk which is not being enforced now . How would this new zoning be enforced ? He would also go along with letting the individual apply for a special Permit. • Catherine Brown - was also in favor of the special permit . Also that it could not he seen from outside the persons property line or the road . P atricia Constantine , 33 Yellow Barn Rd - the zoning should be kept the way it is now. and not make it any weaker . Also in favor of the special permit and each individual case be judged on an individual basis . j }Mayor Lane - felt that the ordinance should be left alone . The purpose of the ordinance is to make the Town attractive and to protect the property values of the neighbors , It is hard in the beginning to enforce it , but once it is done on a regular basis something can °_be done and not expensively . Since the Town is trying t o attract new commercial enterprises and new industry he felt that people coming into the area looking for places to live , they shouldn ' t have to be looking at neighborhoods that are cluttered with unregistered vehicles . You should present an attractive well controlled area . Tom Nicely, 'Railroad St - felt that an unregisterd vehilce was one that would be put on the road again . Some people have a car strictly for winter driving and one for the summer . Russell Fuller , 5 Nottingham Dr - has a neighbor with a hobby who has trouble getting parts , and is not happy - with the way that his front yard looks . He has been reasonable about the length of time that he does keep his parts car - on the property. He felt that if someone is restoring cars and has . a . parts car , they should take all of the parts off and take the shell away . The size lots in their neighborhood are between 1 and 2 acres ' so these cars are a little more obvious . :He thought that -maybe they could . apply fora 30 day permit for them to work on the car . Atty Perkins - at one time it was proposed to leave the ordinance the way it was , but when someone had a legitimate claim , the individual could certify a statement 4th_ the Town This has been proposed and ' the Zoning Officer has been using this form . Clm Evans - the zoning ordinance is such that two areas in the same zone are radically different . than when the zoning was established . He could agree in some • areas with high density is unappropriate to have any unregistered Vehicles , but there are other areas in the same zone that are completely rural which have land of 100 acres or more . He felt that it is unreasonable that you can ' t have one unregistered vehicle . David Burnett , 467 Ringwood Rd - was in favor of some relaxation of the zoning ordinance , eparticularly in the rural area where he lives . He does object to the rusty cars that you know - are no longer operable . Clm Schlecht - wanted to know how many summons have been handed out over the last 10 months have increased the case load . Justice Lloyd - was not sure how many had been handed out and was sure Bob Everette would know because they have not filtered into the court system yet . They have had a discussion with Mr Everette and were waiting fo .rsee the outcome of tonights public hearing . R / Justice Sweetland - on Dec 31st he had hearings far 18 violations which were issued . He did receive fairly good results on about 16 of them . One is still pending . and he is trying to get service on the other one . ° Catherine Brown - if the Town Board does, pass this new amendment , is it the intention of the Town Board to enforce this part of ' the zoning ordinance ? Clm Evans - it is the intent of the Town Board to enforce all of the laws in the ordinance . Carol Dik , Ferguson Rd - property taxes have gone up every year and would like to see the existing zoning ordinance strengthened by more strict enforcement . Roger Lampila - has been on the Planning Board for the last 4 years and they have been reviewing the Zoning Ordinance , particularly in the MA Zone . They have heard from the residents in the residential communities and the sounding that they received from them over the last 4 years is that they truly want stricter zoning . They do _ not want junk , they want their neighborhoods clean . If the Town Board does take a position to change the zoning ordinance he hopes that they do not create an administrative nightmare . Ed Couch - if someone wanted to have a wood truck would be be forced to have it inspected ? That would cost a° lot of money just to have it inspected for someone to use it to haul wood . This is something to think about if you require it to be inspected . Supv Cotterill - suggested that the Town look into the possibility of making a collection place and have someone come in to crush and bale the junk and old cars . This may be one way for the Town to clean up the junk and cars . Catherine Brown - wanted to know what the Town of Dryden would look like if. everyone did take advantage of having one unregistered vehicle . Closed public hearing 9 : 2OPM . HIGHWAY RESOLUTION # 95 ACCEPT BID ON CRUSHER Clm Schlecht offered ° the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Highway Supt Gilbert to accept the bid from Cayuga Leasing of $ 1013 . 00 for one crusher . 2nd Clm Garlock Roll call vote - all voting YES CORRESPONDENCE Ambulance report " Monthly dog report Resignation from Jeannette Underwood to the Planning Board ( 1986 ) Hwy Supt Gilbert requested that the Town Board consider to have a qualified road abandonment on a section of Wood Rd , which is in the wetland area . RESOLUTION # 96 APPOINT PLANNING BOARD MEMBER - Julienne Lee Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Julienne Lee to the Planning Board to replace Jeannette Underwood , term to . expire 1986 . 2nd Clm Schlecht Carried RESOLUTION # 97 ADDITIONAL LIGHTS IN LIGHTING DISTRICT # 3 Clm Evans offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the installation of two additional streetlights on Leisure Lane in Lighting District # 3 . At townwide expense a streetlight be installed at the intersection of Leisure Lane and Fall Creek Road . 2nd Clm Garlock Roll call vote - all voting YES Justice report . - $ 7 , 336 . 00 Financial report given to Board members There was some discussion and the Town Board decided not to take any action with regard to the voting district boundaries , since they do :. .not approve of any changes . RESOLUTION # 98 TRANSFER FUNDS FROM CONTINGENCY ( A1990 . 4 ) TO PERSONNEL ( 1430 . 40 ) Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 500 . 00 from Contingency (A199O . 4 ) to Personnel ( 1430 . 40) • 2nd Clm Schlecht Roll call vote - all voting YES ° RESOLUTION # 99 TRANSFER FUNDS FROM . CONTINGENCY ( 1990 . 4 ) • TO RESEARCH ( 8030 . 4 ) Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer - $ 5 , 000 . 00 from Contingency ( 1990 . 4 ) to Research ( 8030 : 4 ) for water study expenses -: 2nd Clm Evans Roll call vote - all voting YES • RESOLUTION # 100 TRANSFER FUNDS FROM CONTINGENCY ( 1990 . 4 ) TO PERMITS ( 1989 . 4 ) Clm Schlecht offered the following resolution and . asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 775 . 00 from Contingency ( 1990 . 4 ) to permits ( 1989 . 4 ) for gasoline storage permit fee . 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION # 101 ADOPT TOWN POLICY EFFECTIVE APRIL 8 , 1986 Clm Evans offered the following resolution and asked for its adoption : The Town Board of Dryden , New York - has resolved that the following is to become Town Policy , effective April 8 , 1986 with the approval of the Town Attorney . 1 . No employee of the Town of Dryden is permitted to be in any building owned by the Town during non-working hours , except by permission of the Employee ' s Supervisor or the Deputy Supervisor of the Employee ' s Dept . Persons who are not employees of the Town of Dryden are not permitted in buildings owned by the Town during non-working hours , unless required to be there for business purposes . 2 . No alcoholic beverages or controlled substances are permitted on Town Property and no parties or . employee gatherings are permitted on Town , Property if alcoholic beverages are to be served . 3 . - Any employee called in to work extra hours during snow emergencies or similar circumstances , must not be under the influence of alcohol or other ' substances . If an employee is asked to wrk , and is under the influence as stated above , he / she is expected to report the condition to the Supervisor who is calling and such employee will not be penalized for reporting this condition . 4 . All hourly paid employees whb work overtime have a choice of accumulating uj to :. 27: hours: overtime and. taking compen'sat on time up to 401/2 hours total in time off . Mutually agreed upon by employee and Supervisor . 2nd Clm Garlock . Roll call vote - all voting YES • RESOLUTION # 102 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 Garlock Roll call vote - all voting YES RESOLUTION # 103 AUDIT HIGHWAY FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED that the highway fund bills be paid as audited . 2nd Clm Garlock Roll call vote - all voting YES RESOLUTION # 104 AUDIT SPECIAL DISTRICT BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the special district bills be paid as audited . 2nd Clm Garlock Roll call vote - all voting YES Mayor Lane - wanted to know the status of the special permit for Jim Horton ' s proposal in Dryden Enterprises ? .,. Supv Cotterill - the Board had a special meeting and approve the permit once he has gone through all of the requirements in that district which includes site plan review and the required permit and other restrictions . Mayor Lane - is very disappointed to hear that . As he spoke before , they have a severe problem with the sewer district up there . He brought along copies of the relevant section of the sewer contract and didn ' t know if everyone has seen them or not . The existing usage was estimated to be 35000 gallons per day . They looked at that and they figured that was probably a little conservative and the contract talked about 28000 gallons per day , that is where they came up with the additional 7000 gallons for . expansion . They know that they have the sewer for student housing in there at 17500 . He didn ' t think that they were going to use 17500 but he still thinks that is going to put the Town over . Until the contract requirements can be met , that is the trailer park , the laundramat and all are hooked up and full that they can get an actual flow test of what the per day figure will be , he does not see how they can , as a Village , go along with any additional hookups within this district . That would put them in a position of / 5 using a capacity that has not been allocated to the Town sewer district . The purpose of the Town sewer district was not to make money for the developers of Dryden Enterprises , it was to serve the existing needs of the people in the Cortland Rd Sewer Dist . He thought that the Town has gone against their own MA Zone philosophy by allowing a residential unit in there . He thought that is a bad precedent on your very first application , but the Village is going to have to do whatever it has to do to protect itself and wanted to make sure everyone understood that . Thank you for your time . Board went into executive session . - The following action was taken after executive session . RESOLUTION # 105 RESCIND RESOLUTION # 93 Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board rescind ;: Resolution # 93 and that the Town Board will not take any action until certain questions have been answered and to notify Mr . Jim Horton and Dryden Village Mayor Lane of this decision . • The permit will be on hold and no decision has been taken . . . 2nd Clm Evans Carried Clm Evans requested that the decision on the public hearing on the . .proposedi amendinent'.-, to the zoning ordinance be tabled until there is . a full board . Also requested that until the zoning issue is resolved that a 'moratorium be placed on any legal action taken against individuals with single unregistered cars . RESOLUTION # 106 APPROVE RATE ' INCREASE AND WORK WEEK Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board approve an additional increase of 5 hours per week for a total of 40 hours with a . wage increase of 50 cents per hour to Debra Smiley , Asstt Court Clerk beginning June 4th , 1986 . 2nd Clm Garlock Roll call vote - all voting YES Adjourned 11 : 00PM . . . , I ° Susanne Lloyd Town Clerk • • • > , • al .6 SPECIAL MEETING MAY 27 , 1986 Supv Cotterill called the special meeting to order at 7 : 00PM Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Webb Clm Garlock and Clm Schlecht There was considerable discussion regarding the proposed zoning ordinance change on unregistered vehicles . • The following decision was made to have Attorney Perkins draw up a new proposal for the June 10th Board meeting . If a owner has a valid New York State inspection sticker they are considered operable ; that we allow one unregistered vehicle that is operable . Operable meaning that it is either with a valid New York State inspection sticker or that the owner has a certified and notarized statement as being operable filed with the Town ZoningAfficer . Adjourned 7 : 15PM Susanne Lloyd Town Clerk r