HomeMy WebLinkAbout1986-07-01 494
SPECIAL MEETING
JULY 1 ., 1986
Minutes of the special meeting held July 1st
Supv Cotterill called the meeting to order at 12 : 00 Noon
Roll call was by the Town Clerk - Present : Supv Cotterill , Clm Evans , Clm Webb ,
Clm Garlock , Clm Schlecht and Atty Perkins
Atty Perkins - reported that he has received the report back from Hunt Engineers on
the exploratory well located on the Goddard property . The well pumped 83 gallons of
water per minute : The results of the water quality tests showed that all of the
inorganic chemicals tested were below the maximum contaminate level set by the New
York State Health Dept except for iron . The pumptiest indicated that the water level
in the test well did not stablize during the brief pumping test and that Hunt
Engineers recommend that two observation wells be drilled in the vicinity of the
exploratory well and a continuous pump test be provided for at least 24 hours or
until stablzed drawn /k$Phe well has continued for at least 6 hours . At the end
of the pump test water samples will be taken for further testing for water quality .
The second pump test will provide more information about the aquifer and the water
quality after extended use .
Atty Perkins - has contacted Mr Converse and he came up with a price of $ 6 , 906 . 00
for the 2 observation wells for a 24 hour pump test . The bidding requirement is
$ 7 , 000 . 00 for a public works project . The Town has already been through. stage one
which was below the bidding limit .
RESOLUTION N4 119 CONDUCT FURTHER WELL TESTING
Clm Garlock offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board authorize Randolph Well and Pump Co . to conduct
the tests according to the instructions from Hunt Engineers in the letter dated
June 16 , 1986 to the Town Supervisor . The price is to be negotiated and is not
to exceed the quoated price of $ 6 , 906 . 00
2nd Clm Webb Roll call vote - all voting YES
Adjourned : 121: 25PM
Susanne Lloyd
Town Clerk
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TOWN . BOARD MEETING
JULY 8 , 1986
Minutes of the meeting held July 8th.
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 , Cim Webb . .
Clm Garlock , Clm Schlecht , Atty Perkins & Z ; O , Stew"
PUBLIC HEARING # 1
JULY 8 , 1986
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
Supv Cotterill read the notice that was published in the newspaper to conaider
the proposed amendments to the Town Zoning Ordinance in the following sections :
Subdivision (4 ) of Section 703 , 754 , 804 , 905 , 1004 , 1104 and 1206 .
QUESTIONS AND /OR COMMENTS
Atty Perkins - the basic wording of the ordinance would be that 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 . This wording is already in the present
ordinance , The new wording that would be added - For the purposes of this subdivision
one (1 ) vehicle which is unregistered but operable shall be permitted . An inspection
certificate less than one (1 ) year old by an inspector licensed by the New York
State Department of Motor Vehicles shall be prima facie proof of the vehicle being
operable . For vehicles which do not have such an inspectiontertificaite the owner
may certify , under the penalty of perjury , that such vehicle is operable to prima
facie status as to the vehicle being operable .
Mr Kellog - 1226 Dryden Rd - wondered about the inspection sticker as being an
indicator as to whether or not the vehicle is operable . He wanted to know if
there was a definition in the ordinance as to what constitutes a vehicle .
Atty Perkins - a vehicle would be defined as it is in the Vehicle & Traffic Law.
Mr Kellogg in Websters it is defined as a manner of conveyance . He was concerned
about a recreation trailer as a vehicle , because it does require an inspection
stamp . He has one , but does not always have it inspected every year . He was
upset to learn that he could not have that on his property .
Atty Perkins - was not sure of the intent of the Town Board . It if comes within
the definition of vehicle and is registered , abandoned or inoperable or if it is
trash , rubbish or junk , then you couldn ' t have it on your property unless it was
inspected within a year or that it is certified as operable .
Belva Cornelius - wondered about a road scraper that . cannot be licensed , but is
intended to be used at sometime in the future ?
Atty Perkins - wanted to know if it was operable and if there would be a special permit ?
Belva Cornelius - yes , it is operable and they can ' t get a permit because it does
not belong to them . It is on their property , and they do intend to use it someday .
Atty Perkins - you can certify a statement to the fact that this scraper is
operable . You are permitted to have one , and tractors are not intended to be
covered .
Supv Cotterill - if something is operable whether it be a farm tractor , scraper
or etc and youccan certify that it is operable that is enough certification .
Anything that is not a motor vehicle , the zoning states trash , rubbish or
inoperable , and if it can be certified that it is operable that it cannot be
considered trash . The proof will have to be on the owner . There has been
pressure put on this Board to start to enforce the Zoning Ordinance . The ordinance
has been in effect since 1969 and has not been enforced .
Mrs Genung- wanted to know what the Board considered as trash , rubbish or junk ,
because one persons trash is another persons treasure . Her husband is using this
to build and do things with . It is stored out of sight on their property where it
is not bothering any neighbors and she does not see how you can be told that you
can ' t have it .
Atty Perkins - they can tell you that; but the question is whether or not they
are going to enforce it in terms of this proposed ordinance or under the existing
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ordinance . If it is out of sight , it is generally not going to be enforced
except only on complaint .
Mrs Genung - their land is posted and the man that came around had to come down
their property , on their posted land , to see anything that was on their land .
She did not think that it was right for him not to come to the door and state
who he was and what he was doing there , instead of sneaking around on their property .
Clm Evans - wanted to point out that this new proposal is a relaxation from the
existing zoning ordinance . The current zoning has all of the wording about trash ,
rubbish., _ or junk plus no unregistered vehicle , whatsoever . The new proposal is to
allow one unregistered vehicle .
Belva Cornelius - had her criminal summons delivered in the mail on Sat . She called
on everyone that was delivered a summons , and they are all life long residents of the
Town of Dryden and all senior citizens or disabled people . There was not one young
person that was served according to her list from the court . She felt that these
people were hand picked . They are all sickly and elderly people who couldn ' t
possibly move these things . which have been on their property for over 40 years .
The Cornelius property has been in her husbands family for 200 years and she is the
one that is served with the summons . In order to see any of these vehicles someone
would have to fly over in an airplane because they are so far back in on their
property . Everyone of them are farmers with a lot of acreage .
Cim Evans - thought that there was a grandfather clause .
Supv Cotterill - there have been several Town meeting where the residents have
requested the Town to enforce the zoning ordinance . The Town had to start someplace
and to enforce it evenly . Mr Everett started in the south portion of the Town and
has not been north of Rt 13 at this time . About 200 violations have been sent out
in the last several months in that portion of the Town . He hopes that the Town will
be covered by the end of the year . After notifications of the zoning violations
and they have not been complied with , they have been turned over to the court .
Mrs Genung - her husband does welding and does keep it organized and out of sight and
felt that this is unreasonable that you are not allowed to have these .
Mrs Snyder - she has one inoperable , unregistered can on her property that she
intends to keep there for parts for some of the other cars that they are driving .
Mr Bergen Wrisley - no farmer can exist with only 2 cars that are not licensed
because they need them for parts .
Closed public hearing # 1
PUBLIC HEARING # 2
JULY 8 , 1986
SPECIAL PERMIT - Richard Neff
Supv Cotterill read the notice that was published in the newspaper to consider
the application of Richard Neff for a special permit to convert the building at
348 North Rd ( presently owned by Robert Alcorn meat processing plant ) to an eight
unit apartment building which is on a 20 acre parcel .
QUESTIONS AND / OR COMMENTS
L etter from Frank Liguori , Commissioner of Planning stating that there would be no
impact and the Town Board was free to act without prejudice .
• Richard Neff - the Health Dept has verbally approved the apartment building as far
as the present water and sewer system are there . Mr Neff gave the Board members
a plan of the proposed apartments . They will all be one bedroom apartments , about
900 sq ft , electric heat and there will be a laundromat there for the tennants .
P arking spaces available will be eleven .
B ill Sutton - was concerned about the liability because there is a pond in the
back of the building that belongs to Charlie Hatfield .
Mr Neff - their intentions are to rent to couples with no children becasue there
are only one bedroom apartments .
Letha Sutton - wondered if there was anything that could be done to prevent it
from becoming a public road .
B ill Sutton - was concerned about other apartment buildings being built .
Mr Neff - no , there would not be another building since the zoning requires 120 feet
road frontage to have a dwelling there now . If be put in a town road he could
have more buildings , but that is very costly . It will only involve the present
building with no additional square footage .
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Mary Jane Neff - if the special permit is granted to them the Tompkins County
Health Dept has requested that the Dryden Town Board be the Lead Agency . They
have filled out and submitted the short environmental form ; but Atty Perkins
requested that the long form be filled out .
APPROVAL OF THE MINUTES : Motion was made by Clm Evans and seconded by Clm Schlecht
that the minutes be approved of the 2 public hearings and Board meeting held
June 10th . That after the corrections were made for the special meeting held
July 1st to read 83 gallons of water (per minute ) and at least 24 hours or until
stablized drawn (down ) . be approved .
CITIZEN PRIVILEGE OF THE FLOOR
Ralph Jordan - requested approval from the Town Board for the suggested
resolution for the improvement of Rt 96 in the City of Ithaca .
During the deliberations at the regular meeting , of the Town of Dryden on
the future improvement of Rt 96 , the following resolution was passed
unanimously by a vote of five in favor .
RESOLUTION # 120 IMPROVEMENT OF ROUTE 96
Clm Evans offered the following resolution and asked for its adoption :
WHEREAS , our community has an estimated current population of 12 , 156 and
WHEREAS ; Cliff Street is narrow , curved and steep , inadequate to relieve
our community , particularly West Hill residents , from the severe environmental
impact of the congested , polluted , and dangerous traffic at the Octopus ;
inadequate to provide safe access to some 17 ; 000 commuters daily ( 38 , 000 at
the Octopus intersection in 1985 ) ; 'intadequate to provide safe . and ..unin. terrupted
access to emergency vehicles ; and' thai. the impact of such limitation will be
even more . disasterous n ' th & long run for City: and County residents and visitors ,
and that its retention as a integral part of Rte 96 would not be in the best
interest of our communities, and
WHEREAS , in 1984 the level of service on Cliff Street, according to the New
York State Department of Transportation officials , was " F" , namely , forced
flow of traffic , and since this reflects the ultimate deterioration of the
safety and capacity of traffic flow for our commuters , emergency service ,
and general public , and
WHEREAS , the new corridor affords the opportunity to practically eliminate
t ractor trailers , trucks and similar vehicles , and a large volume of commuter
t raffic from Cliff Street , and
WHEREAS , the new corridor affords the opportunity to enormously improve the
environmental conditions not only on Cliff Street but on the entire West end
o f the City and West Hill area , and
WHEREAS , the proposed realignment of Rt . 96 is of the utmost importance to
the future of our health care facilities , including the hospital , which serves
a regional patient population of over 90 , 000 , tand
WHEREAS , studies done by the Ithaca-Tompkins County Transportation Commission
and Tompkins County Traffic :Safety Board on Road User Costs , reflecting
environmental , social and economic concerns , show that the New York State
D epartment of Transportation Alternative C or the revised overpass plan
provides for the lowest impact solution in the long run , and
WHEREAS , the people of Tompkins County need an improved highway that meets
present day standards and provides a long term solution that addresses
environmental , social and economic concerns of the community , and that •
the ."Null" Alternative , "A" Alternative , and " B" Alternative are too limited
in long range benefits and only partially address the above concerns of our
community , and
WHEREAS , there is considerable support from citizens within the . City of Ithaca
and throughout the Tompkins County community to pursue a legal remedy if
necessary to effect a design which includes a railroad grade separation ,
- NOW THEREFORE BE TI RESOLVED , that the Town of Dryden ( hereby reaffirms its
position as stated in Resolution and does again ) request that the New York
State Department of Transportation take immediate action to pursue and
implement a design for the reconstruction of Rt . 96 that incorporates an
elevated crossing over the railroad : and .: a safe limited- access . highway to
the hospital area ,
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RESOLVED FURTHER , that the Dryden Town Board hereby requests the New York
State Department of Transportation , . and . the Ithaca Common . Council to proceed
with the adoption of New York State Department of . Transportation Alternative
C or Revised Overpass Plan and expeditiously pursue with the implementation af
the project , . .
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RESOLVED FURTHER , that certified copies of this Resolution be mailed to the :
Federal Highway Administration ; United States Senators ; United States Congressmen ,
State Governor ; State Senator ; State Assemblyman,; Commissioner ., New. York State
Department of Transportation ; , Regional Director , New York State Department of
i Transportation ; Chairman , Board of Representatives ; , Mayor , City of Ithaca ;
Supervisor , Town of Ithaca ; Administrator , Tompkins Community Hospital ; Chairman ,
Ithaca- Tompkins County Transportation Commission ; Chairman , Tompkins County
Traffic Safety Board .
2nd Clm Garlock Roll call vote - Supervisor Cotterill YES
Councilman Evans YES
Councilman Webb YES
Councilman Garlock YES
Councilman Schlecht YES
Patricia Haugen requested that the Town Board hold a special meeting for a
public hearing on the request for a trailer park on West Dryden Rd .
Supv Cotterill scheduled a special meeting to be held July • 22nd at 7 : 00PM
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Evans - reported that through the efforts of Justice Lloyd and himself they
have looked at a possible computer system which will automate the Justice Office ,
Town Clerk and Zoning Office . They feel that they . would need two PC ' s with
appropriate discs and power back up , : printers etc . They have prices ranging
from $ 6 , 500 . 00 to $ 9 , 800 . 00 . He felt that the $ 9 , 800 . 00 estimate could be cut
down some . There are certain advantages for two PC ' s in that they do have
redundancy when one fails . One of the bidders is the one who supplied the
current computer and if we went along with them we could have triple redundancy
if needed . This should be looked at in a committee .
Supv Cotterill will meet with Clm Evans and one other Board member to make a
decision .
Clm Webb - wondered about the status of revising the zoning ordinance and what
progress has been made ?
Clm Schlecht - the Planning Board has rescinded their request to hire a private
consultant in favor of having Gary Evans from the County Planning Dept to help .
There was some discussion and Supv Cotterill suggested that Clm Schlecht request
a timetable from the Planning Board with regard to updating the zoning ordinance
since it is so outdated and that the Town Board will try to help them expedite
this situation .
ATTORNEY
Atty Perkins - has one item for executive session .
-- is working on accumulated earned time off for town employees .
-- reported on proposed Snyder Hill Water Dist . The Deputy State Comptroller
has refused to approve the petition until there is another petition signed by
the only two homeowners in the Snyder Hill Water Dist who have not indicated in
writing their concern in the formation of the district . They are Mark and
Ingrid Harwitz and Dwight and Suzanne Davis who are new homeowners in the proposed
district .
ZONING OFFICER
} Z . O . Stewart - 16 building permits for the month of June 6 one family dwellings ;
4 additions ; 3 mobile homes ; 1 sign ; 1 storage building ; and 1 fence over 6 ft high .
ZBOA had no hearings for July but did reopen a hearing for Paul ' s Market . This
was for a sign larger and higher than the sign ordinance allows . This variance
was granted for the sign to be 7 x 10 ft and 22 ft high . The sign must meet the
required setbacks ( 48 ft from the center of the road line ) ;
-- Also reported that the new town directories are available .
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. f.4, Supv Cotteri11 .'.. - there shas been a - request that _ the r-o -w _ from Crystal Drive
"� and . Bridle : 'Lane be deeded back to = the •. . property _ owner if the Town- does not
- antrtor;makd ita to road . This was` seMething that the Planning Board had•
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ri4req uired - at the time of development on Crystal Drive . H wy Supt Gilbert - said "
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2 . Subdivision ( 4 ) of Section 754 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 one ( 1 ) vehicle which is unregistered
but operable shall be permitted . An inspection
certificate less than one ( 1 ) year old by an
inspector licensed cy the New York State
Department of Motor Vehicles shall be prima facie
proof of the vehicle being operable . For vehicles
which do not have such an inspection certificate
the owner may certify , under the penalty of
perjury , that such vehicle is operable . An owners
certification shall not be entitled to prima facie
status as to the vehicle being operable .
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 . For the purposes of this
• subdivision one ( 1 ) vehicle which is unregistered
but operable shall be permitted . An inspection
certificate less than one ( 1 ) year old by an
inspector licensed by the New York State
Department of Motor Vehicles shall be prima facie
proof of the vehicle being operable . For vehicles
which do not have such an inspection certificate
the owner may certify , under the penalty of
perjury , that such vehicle is operable . An owners
certification shall not be entitled to prima facie
status as to the vehicle being operable .
4 . Subdivision ( 3 ) of Section 905 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 one ( 1 ) vehicle which is unregistered
but operable shall be permitted . An inspection
certificate less than one ( 1 ) year old by an
inspector licensed by the New York State
Department of Motor Vehicles shall be prima facie
proof of the vehicle being operable . For vehicles
r
which do not have such an inspection certificate
the owner may certify , under the penalty of
perjury , that such vehicle is operable . An owners
.certification shall not be entitled to prima facie
status as to the vehicle being operable .
5 . Subdivision ( 4 ) of Section 1004 of said ordinance
is hereby amended to read as follows :
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RESOLUTION • # 126 GRANT SPECIAL PERMIT — Richard Neff
Clm Schlecht offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board grant the special permit to Richard Neff to have
an eight unit apartment building at 348 North Road with the following conditions :
1- that this permit is for Richard Neff only and is not transferable by sale or
least ; 2 - that there is Health Dept approval for the well and septic system ; 3-
that it meets all of the •zoning requirements , - - parking requirements and all the
plans have been approved by the State Building Code ; 4- that this permit expires
one year from date of issuance 7- 8-86 -
2nd Clm Evans . Roll call vote - all voting- YES
Adjourned 9 : 25PM
i . i de
Susanne Lloyd /
Town Clerk
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TOWN BOARD
- SPECIAL MEETING
JULY 22 , 1986
PUBLIC HEARING -Karel Westerling and Patricia Haugen
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Minutes of the special meeting held July 22nd .
Present : Supv Cotterill , Clm Webb , Clm Schlecht , Clm Garlock and Atty Perkins .
Absent: - Clm Evans and• Town . Clerk Lloyd
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 construct a 36 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
Letter from Frank Liguori , Commissioner of Planning , stating that there would
be no impacttand the Town Board is free to act without prejudice .
Karel Westerling - they have a 33 acre parcel of land which is surrounded on
two side-s by NYSE &G owned land and one side by West Dryden Rd . The property is
light to moderate vegetation with new trees which slope gently toward West Dryden
Rd . There are no water features on this site . He showed the Town Board the
proposed development for the mobile home park . They plan on having 6 clusters
o f 6 mobile homes in each cluster . Each cluster is designed to be . a small
neighborhood . The' average size of the individual lot is 10 , 000 sq ft and
each mobile home will be provided with 2 off street parking spaces with a
concrete patio area . Each cluster will be attractively landscaped with trees
and shrubs . The existing vegetation will be used to the advantage for screening
and separating the clusters and also to screen the development from West Dryden
Rd . The mobile homes allowed in the development must be fairly new and have --
skirts and must conform to certain minimum standards as to their condition
and appearance . There is adequate space on the site for a recreational area
exceeding the 14 , 600 , sq ft which is required . It is their intention to develope
a: well maintained , spacious mobile home park . The proposed use is a mobile home
park and the proposed use of the site is residential which does conform with
adjacent property uses which are rural residential and agricultural . The most
important fact when determining the impact on this development is the fact
that there are two large mobile home parks within 2 miles of this proposed
site . One of the mobile home parks , which is within one mile is considerable
substandard in terms of quality and living conditions and appearance . The
o ther park is located two miles and is also of substandard in quality in
comparison to the development that is proposed . There are also. individual
mobile homes located along West Dryden Rd . Therefore the introduction of a
mobile home park , especially an attractive and well maintained , quality mobile
home park , into the area would ' not negatively effect the surrounding character
o f the neighborhood . Instead , it will provide a positive, attractive addition .
Previous concerns have been increased traffic , and the ability of the site to
handle sewage disposal . Past problems with mobile home parks sewage disposal
systems in the Dryden area have been due to the fact there has been no land
available for replacement systems in the event of failure . This is not the
case with this proposed project . They will have very low density and sufficient
✓ oom has been provided for replacement on either side . The increased traffic
is not really a concern . They have the most recent ( 1982 ) traffic count , which
the traffic count goes up as you get closer to Caswell Rd because of the landfill .
Since the landfill is now closed it is felt the traffic count will decrease and
with their development will not approach the figures of 1982 .
Tim Buhl - the County will be taking a new traffic count on the West Dryden Rd
this summer so they will have an updated figure . The County estimates that the
t raffic count will be about half of the 1982 figure .
-- there is no public water supply and they are proposing two wells to be
developed to be maintained and operated in accordance with the latest NYS
Health Dept specifications , princilples and practices . There is no public
sewage disposal available to the property and it is proposed that each of
the six individual housing clusters have their own septic system consisting
o f individual feed lines to one main connection to a 2 , 000 gallon septic tank
and leach field . The septic tank and leach field would be located on the
outskirts of the property away from the water supply system and can be flushed
and maintained according to the latest Health Dept regulations .
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There was considerable disucssion .
--- the residents were worried about the water running onto to their land
during the wet season .
--- the mobile homes there now are on a permanent lot and are residents and
people moving into a trailer park are not permanent residents .
A7de
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Catherine . Brown - does not know of any trailer park in the Town of Dryden
that has not deteriorated over a . period of time .
The residents of the area gave the Town Board a petition against the mobilk
home park .
Tim Buhl = Karel Westerling and Patricia Haugen would be prepared - in terms
o f. the sewage system and the overall appearance of the park would set up a
bond or a maintenance fund that cash contributions could be made by the
individual owner - in a special account so that -if there was a sewage system
failure , the Town Board would have the right ' to use those funds to make a
✓ eplacement system . The owners are willing to post the financial security
in such a form that if' there was a failure of the system the money would
be there to construct a replacement system either. by the. owner or by the .
Town Board . He felt that the property owner and the Town Board could
jointly oversee this fund .
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Gertrude Calvert - does not see any difference from this proposal and the
one that. was first heard and turned down in April . She hoped that the Town
Board feels the same way about this application as it did the other one .
She is opposed to the proposal on the grounds of water and sewage disposal ,
the increase in traffic , the water table and valdalism .
Jody Earle - West Dryden Rd — wondered why someone would bring an expensive
t railer into this park when there are already two substandard trailer parks
nearby . What assurance to they have of having a high quality trailer park
as it, is being described . She wouldn ' t put a high quality trailer near an
existing substandard trailer park . If they are not transient people they
are not likely to live in a trailer park . She ‘ was also concerned about the
t raffic . -
Karel Westerling - they have cut back the application by 25 percent from the
first application and would like to expand it latter on with approval . They
have shown with traffic count that it is well below what it was 3 years ago .
They have plans to make sure that there is money available if there ever is
a septic problem . They are putting up a lot of money to develope this park .
Therefore , they have, taken a great deal of time to see if they are going to
find people with nice homes to pay the lot rent that they ate going to require .
They have surveyed the mobile home dealers in the area , and they feel that
there is a great need for a nice park /
Henry Ketola - does not believe that the traffic has gone down . He has lived
on Hanshaw Rd for 27 years and` the traffic has tripled .
Supv Cotterill - the Town Board can request an up to date traffic count .
Min Creasey - they have submitted a petition to the Planning Board to have
zoning changed , in their area from RC to RBl adjoining the Etna zoning .
Barbara . Caldwell , Planning Board Chairperson , felt that since the petition
has been filed with them and they have accepted the preliminary proposal from
the residents and it has been documented that perhaps the Town Board should
be made aware of such procedures , since this proposal tonight is in the
tentative boundaries .
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Supv Cotterill - the Town of Dryden has never approved a trailer park since
the mobile home park ordinance has been in effect or since DEC has had regulations .
The Town Board could close down the park ' if there was any violation . The Town
Board cannot do anything about existing , trailer parks that do have problems
with their septic systems : -
Carol Lewis - all the residents that live in the area should have more say
and they should be heard and have the final word .
Supv Cotterill - just because you don 't want the trailer park will not cover
State Law . The Town Board ' has to look at the impact in the area to see if it
is something that will create a problem . This is an allowed use in the present
zoning ordinance .
John Sage , 613 Asbury Rd - was concerned about the water table .
Tim Buhl - there is no answer until the well has been drilled and tested . You
have to make the project fit within the aquifer .
Catherine Brown - there is no concrete answers with: . regard to the water and
sewage problem . Yet , they are asking for Town Board approval for the project
without these most important factors answered .
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Supv Cotterill - there would be no granting of any permits without written
Health Dept approval .
Atty Paul Tavelli - they are not asking this Town Board to approve anything
right now , except that they refer it on to the Planning Board for further
study. At that time the engineering plans , septic plans and water plans all
have to be presented in detail to the Planning Board .
Supt/ Cotterill - the mobile home park ordinance requires that the . Town Board
✓ efer the application to the Planning Board for further study and requirements .
The Planning Board will then make sure that all the requirements are met or
izt can be turned down . Otherwise , it will be referred back to the Town Board ,
with their . recommendations .
Atty Perkins this is an application for a special permit . A mobile home park
is an allowed use by a special permit in this zone . The Town Board is governed
hy= Article 13 in the zoning ordinance , which sets forth a procedure . The Town
Board has to examine as to whether or not the specific requirements of the written
applicationvhave been met . The Board after this hearing will use Section 1303 . 2
as a guideline in -making its determination . If the Board decides , that they —
are in favor of granting the special permit they will refer the application
within 45 days of this hearing to the Planning Board . The Planning Board can
t ake as long as they want to assure themselves that all of the requirements
have been met and that compliance can be had with DEC , Tompkins County Health
Dept , and State Health Dept requirements with respect to sewage and water .
The Board has to make the decision with the criteria setforth in the ordinance .
Catherine Brown - there are plans underway for residential development in the
west end of the Town and this mobile home park would be a step against that .
There are people building nice houses in West Dryden and mobile home parks will
tend to discourage that kind of home development . They are working very hard .
on that end of Town to upgrade and not to become a dumping ground for everything
that is not allowed in Lansing and Town of Ithaca , and certain other areas in
the. Town of Dryden .
Christina Martin , 621 West Dryden Rd - wondered why Mr Westerling is proposing
this 36 unit park when before it was for 48 units ? .
Mr Westerling the . Town Board felt that . erewould be septic and water problems
with.. the 48 unit park.. They felt that / e ' 5 . percent reduction they could
prove that they would : '' not have these problems and then come back to . the Board
later on and ask for the original 48 units .
Tim Buhl. - the density before , as it was pointed out was higher than would be
allowed for a single family home on: ' a one acre lot . This is one reason why it
was reduced . At this level of den ' ity -for 36 units is below the threshold
according to the environmental assessment form .
Min Creasey - they understood that the Town of Dryden has hired a consultant to
✓ ewrite the zoning ordinance and the Town Board is the lead agency. She hopes
the Town will remember them in the residential neighborhood to come around to see
the that that they live before they say this mobile home park is allowed in an
RC zone .
Jody Earle - for the record , when the West Dryden Rd was petitioned for the change
in the zoning ordinance in their area from Sheldon Rd to the Lansing Town Line
everyone signed the petition except for two households and they were on vacation .
Brix Thayer , Niemi Rd of the 30 people , 27 were at home and 26 , signed the petition
in order to change the zoning ordinance to a RB1 Zone . That is 26 out of 27 . people
contacted and RB1 Zone does not allow mobile home parks .
Carol Lewis - they have been trying for 3 years to get the zoning changed and hoped
that the Town Board would not wait any longer before it is changed . •
Supt/ Cotterill -_ the Planning Board is working on changing some of the zoning
and thew has- not been a timetable set up at this time .
Catherine Brown wanted it on record as to how many that were present were against
the proposed mobile home park .
There were 25 people present that were opposed-.
Closed public hearing .
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07 9R-
The Town Board requested that there should be an up to date traffic count and
get a report back to the Board .
Atty Tavelli - while the Town Board is waiting for the up to date traffic count
and with the 45 . days to makethe decision , he felt -- that in the ' meantime - it might
be . apptopriate pending receipt of that information for the Board to review the
criteria in Section 1303 . 2 for the August meeting .
Clm Schlecht - was concerned and opposed to any dedication to a town road and
was concerned about the property being transfered to another owner . Also he
has spoken : with Tim Buhl in regard to making some monetary guarantee to the
Town to see that the septic system and water system would be maintained . He
felt that it is an idea worth discussing and it would take time to work it out .
His objection is that mobile home parks should be on public water and sewer .
five years from now thete could be a new property owner of the park and they
would not have the same monetary value as the present owners with regard to
keeping the systems maintained . The Town would be in the same situation as with
the other trailer parks . The engineer and the owners say that they can meet
that objection by putting a monetary bond or some device that would insure the
fact the money woule be there if there ever was a problem and he questioned
the legality , If his objections can be met , he felt that the project was
comparable to single family residential project . It is well thought out and
very low- density for a mobile home park . If his objection with regard to the
• water and sewer can be met and itmee:t all of the Health Dept requirements he
would approve the application as an allowed use .
Atty Perkins the Town has required similar types of temporary securities from
subdivisions to guarantee their performance . The Town should be careful so that
they are not put in a position where they would have the primary obligation of
repair and maintenance of this water and sewer system . It would have to be
understood if there was an agreement that it be so structured , that it is the
first and formost obligation of the property owner . It is only in the event
that the owners fail to do that .
Clm Schlecht could see a lot of problems with this .
•
Supt/ Cotterill - that - would-. .be - a .Planning Board responsibility to agree on what
should be in the written conttact .
Clm Schlecht would also like to see a condition for the special permit that there
be a minimum age ( 3 to 5 years ) . on the mobile homes to be allowed in the park ,
since the proposed rental lot will be $ 125 . 00 per month . Most towns do allow
mobile home parks with. the exception of the Town of Ithaca . They do not allow
mobile homes on individual lots which the Town of Dryden does allow .
The Town Board tabled their decision until they have an up to date traffic count
and some legal written contract to assure the Board that there will be properly
-maintained water and . sewer facilities .
. RESOLUTION1127 AUTHORIZE TOWN ATTORNEY . IN LITIGATION
Clm Garlock offered the following resolution and asked for its adoption :
RESOLVED , that this Town compromise the litigation in light of Atty Perkins letter
dated July 10 , 1986 to the defendant (William Petrillose ) with the modifications
he proposed ; that instead of 60 trailers being hooked up by December 31st that 27
be hooked up and with. the additional stipulation that the 8 inch. trunk sewer main
back to the collection - area also be hooked up by December 13 , 1987 .
BE IT FURTHER RESOLVED , that the Town Attorney be authorized and empowered to insert
in the settlement such other conditions and requirements as they are necessary to
assure compliance with the settlement .
2nd Clm Webb Roll call vote -. all voting YES
Atty Perkins gave the Board members a brief report on the Cortland Rd water
district regarding the process of the observation wells , and will have more
information for the August meeting .
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I , '„` .7 :, RESOLUTION # 128 - 1986
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o”, t F ' ° Clm Webb„- offered_ the following resolution and asked .- for its adoption :
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Pt toTEREAs , this t to d has previ isl u � i Jte
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the Off ice of _ the State Cc pt. roller a petit ion pur s Lia bt t .)
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;, .r - : isle 12 - A . s� the Town . Lae to : army the Snyder Bill water•
Di str i,ct , and
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?1R AS , the Off ice of the . . State . cCiptroller has .
reviewed the petition aid . acccnpLa ty . incl coc �rnent ` .ion and
•
proceedings had to date , . and °• .•
€ ER AS.s the Office ; f • e State otnptroll._ is e , a 1. c.
to objectively find that the cost of construction of .'.: e
original it prove tent°<y are not an undue f u racial bur den on
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the property owneris who will. . . be . as se sled f. or such
improvements , aru
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WHEREAS , th3 e are o 1.,° t o ( 2 ) property= Drl nets 1 in the
propos - I district who are unwell rag to consent to the
formation of the i st. r ict, ahia
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- - - _ . . KVS . y _ _ the . _ vast _ ma for i.t _y ef. _thy proper ty owners i n
o the proposed ist t ? Ve indicated •in . writ. ing their
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WHEREAS , the formation of the district 'for me :Ty
property owners is critical because of per iodic acute
Itshortages of water from private wells ,
NOW , THt: RE FOR E , BE IT RESOLVED by the Town Board of the
Torn of Dryden as follows :
1 . The Town Board recognizes that in order to induce
the Office of the State. Comptroller to approve the formation
of the Snyder Hill Mater District it must resolve to
differentiate in the annual benefit as es !iter, t formula
between 1 ) those property owners which have indicated the i .;
desire to hook up and / or pay for the cost of the original
imp rovanent , and 2 ) those property owners who have not
consented in writing to the formation of the Snyder Hill
Water District .
2 . Therefore , the annual benefit assessment formula
will differentiate between 1 ) those property owners served
by the original improvement and connected to the public
water supply or willing to pay the assessment as if they
were connected because of their agreement in writing , and
2 ) those property owners whose properties are served by the
proposed district ( even though not connected) and who have
not consented in writing to the formation of the district .
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3 . The ' n Board recognizes and acknowledges that `
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the Off ice of the State Comptroller wi 11 refer to thi s
resolut ion if approval i s granted for the format ion of the
Snyder Hill Water District .
4 . The Town Board recognizes that this resolut ion
may not necessarily be binding upon future Torn Boards who
must annually adopt an assessment formula , but this
resolution is intended to memorialize the thasis for the
original or initial benefit assessment formula .
5 . The resolution shall become effective only upon
the signature by all of the property owners who have
consen ted to the format ion of the Snyder Hill Water Di strict
or the accompanying declaration of agreement as follows :
I
I , ( we ), being the owners of real property liable
for the benefit assessment for paying the cost of the
original improvements and construction of the Snyder Hill
Water District hereby acknowledge the foregoing resolution ,
and unders tend that if the ( 2 ) property owners who have not
consented i n writing to the format ion of the Snyder Hill
Water District do not connect to the sy sten , then most of
the share of the costs they would have paid ( had they
consented) will be paid by those served by the systen ,
therefore resulting in higher cos is for those served, , and
connected .
3 r
2nd Clm Garlock Roll call vote - all voting YES
Adjourned : 9 : 00 PM )44,44(."-t.. 40L7/4(„,
• Susanne Lloyd
Town Clerk
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