HomeMy WebLinkAbout1987-02-10 dl
TOWN BOARD MEETING
FEBRUARY 10 , 1987
S
S upv Crutteri. 1. l called the meeting to order at " e i; t=rr
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerks Present : Supv Cotteri. l. 1. g Clm
W ebb , Clm Garlock , Clm Schl } cht , Atty Perkins and 1 . C) . Slater
Absent : Clm Evans
S upv C ot. ter• i l l appointed Clm Garlock to audit the geneyral fund and
special district gills .
APPROVAL OF THE MINUTES
Motion was made by Clm Garlock aar, ri seconded by Clm Sch1. ect-; t that
the minutes of the special meeting held Jan . Gth and Board meeting
h eld Jan 13th he approved as submitted .
COUNTY BRIEFING
Co Rep Watr . s - extended an invitation to the . per house ae f' or the
n ew Tompkins County my jaai 1 on Feb 28th . Reported on At 13 issue= -
the planning committee of the board is going to take some action to
✓ econsider the possibility i� f establishing a corridor to Cortland .
CITIZEN PRIVILEGE. OF THE FLOOR
G len I-iowser -- wanted to know the status of the uenur, g property .
Z . u . Slater , - reported that he has met with Mr . t: enung to discuss
the various violations that are pending . Mr . L'enaing has tentatively
agreed to work with him to clean up the violations . Mr . Genung has
agreed to c ome in within 10 days to get a permit for his fence ,
since it is over 6 feet in height . In the permit there will be
✓ ecommendations for uniforming the fence and to paint it .
G len { ..I,:iw (:? r• -- wanted it made clear that the fence was not going to
be painted from his property . Mr Hfwser gave the Board members
pictures to look at of the fence .
2 . C) Slater tagut. gh•t . It would be in the best interest of Mr Howser .
and the neighborhood to allow Mr Genung . to paint the fence . As
w eather permits he will clean up 't he violat• .ions along the property
line and •:::, n his premises . He w i l l remove them at my suggestion ,
guidance and direction . He will complete the structure that he is
currently building as far as the barn to put. that in as finished
condition so that It will blend nd in with the country setting . He
w ill no longer store any rubbish or trash anywhere on his property
which is in public sight .
Glen f-trrwser _._ wanted to know if tt'le previous violations are going
to be pursued in court , regarding the trash that is on the property
line ?
air
Z . Ca . Slater --• that will be removed per his direction and he has
started . In turn for that he has basically agreed to wc' rk with Mr
0 Ger-tt_tng and to have the charges that are pending against him
d ismissed . There was considerable discussion and the Tnwn Board
felt that this would be the quickest way to solve the problem , and
felt that Z . C) . Slater was taking the correct way .
G len Hawser -- wanted to know the timetable that would be setup frir'
the cleanup ?
Z . O . Slater - would send him a copy when he had it ready .
COUNCILMAN PRIVILEGE OF THE FLOOR
C1rii Garlock. - reported that they would have draft copy ready
regarding the mobile homes for next months Board meeting .
ATTORNEY
ORNEY
RESOLUTION 1161 -- 1987 MONKE= Y RUN WPTE. R D i S "I" R I CT
•
( insert copy )
RESOLUTION ## 82 -- 1987 MONKEY RUN SEWER DISTRICT
( insert copy )
At t y Perkins -- had proposed amendments which were requested by the
• Town Board to the Town Zoning Ordinance to rtial{. e it easier to
increase or decrease the fees that are charged f6r an application
o r for a permit and other changes that he felt were necessary along
w ith some language changes . Atty Perkins gave the Board member's
copi ? _ _, of the proposed resolution and the Board members felt that
they would like to act on it at next months meeting .
•
P tty Perkins - has the preliminary drawings from Hunt Engineers
✓ egarding the Snyder Hill Water I) is. t . The engineers would like the
B oard members to look over the drawings and if there are any
comments to let them know as soon as possible . Supv Cotter' i l l
appointed Gird Sch .lecht and Clm Garlock to look over the drawings .
ZONING OFF 1: 1 : ER
Z . O . Slater that there were 5 building permits issued for the month
o f .January . 2 one family dwellings ; 1 to convert a ground floor
barn to a one family dwelling ; 1 mini - deli within an existing
structure ; and 1 pole barn . ZBOfl held 4 hearings 1 - Hicks applied
again to construct a mini - storage warehouse and sell. furniture .
This was granted with certain stipulations . Trudeau request to
convert an existing barn to 8 single family apartments . This was
granted . 3 - HEr' request for a free standing sign and this was
granted . 4 -- Pyle Jr requested a variance for road frontage for a
building lot of 2 acres , this was granted .
•
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TOWN OF DRYDEN • DRYDEN, NEW YORK
` • 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053
In the Heart of the Finger Lakes Region
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Date : February 10 , 1987
To : Dryden Town Board
From : Henry M . Slater
Zoning & Building Code Enforcement Office
Sub . : January Activity
Zoning Office ,
Building Permits :
There were a total of ( 5 ) permits issued .
( 2 ) , Single family dwellings .
( 1 ) , Convert a ground floor barn to a one family dwelling .
( 1 ) , Construct a Mini - Deli within a existing structure .
( 1 ) , Construct a pole barn structure .
Z . B . A . Hearings :
• There were ( 4 ) Z . B . A . hearings .
Bernard & Karol Hicks requested a variance to section 801 & 802 of the R . C .
Zone ; to sell furniture in an existing structure at the corner of Livermore
Crossing Road and Rt . 13 , and to construct ( 3 ) mini - storage warehouses at
the same site . These were _ , altowddiusesicss. ues .
The request was granted with ( 7 ) stipulations , which all deal with traffic
safety and the necessity of the entire site to blend in with the surrounding
residential community . Copies of these stipulations are available from me .
Richard & Mimi Trudeau requested a variance to section ( 804 ) of the R . C . Zone
to allow convertion of a existing barn at 365 Etna Road which doesn ' t comply
w ith the 70 ' set back requirement from the center of the road . The structure
w ill be converted into ( 8 ) single family apartments . The structure is only
34 ' ' to front enterance and 54 ' to main structure . Request was granted as
✓ equested . .
Hep Materials. requested a variance to section ( 1504 ) , table ( 1 ) item ( A ) for
a free staning sign in excess of the allowed ( 40 ) square feet at their place .
o f business at 1321 Dryden Road . The proposed sign had been professionaly
designed around the site to overcome the distance from Rt . 13 . The request
was granted as requested .
•
James Pyle Jr . requested a variance to section ( 803 ) Density and area
✓ equirement ; poin # 4 in the R . C . Zone . on Midline Road . Mr . Pyle only has
• 25 ' of road frontage , but has a building lot of about ( 2 ) acres . The request
was granted as requested .
Site Plan Reviews :
There was ( 1 ) site plan review for , " Jim ' s Place" , a Mini - Deli to be
_7
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• Zoning Report Cont . :
constructed and housed in the existing Hep Materials site - at 1321 Dryden
road . A public hearing was held 12 : 00 noon , January 30 , 1987 at the Town
Hall in Dryden . The only concern at that time was presented by NYSEG , which
was questioning the right of anyone other than NYSEG personnel to use the
old Rt . 13 road bed that passes the the Hep Building . NYSEG was under the
impression that when the D . O . T . abandoned the road bed , that the road had
been left intact for a NYSEG driveway . My research with D . O . T . was that
it still belongs to the state , and yes it was left as a driveway ; but it
is to shared by all property owners who abut said path . D . O . T . . also
stated that maintenance of the old bed is the responsability of those who
share a common usage of it . The Review was approved as - submitted .
Building Code Enforcement News
I ' ve enrolled in a N . Y . S . sponsored , STATE ENERGY CONSERVATION CODE school
to be held in Binghamton , Friday February 13 , 1987 .
I ' ve also enrolled in the first required class for building code enforcement
officials . Course # 1 is being held in Cortland Feb . 25 , 26 , Mar . 4 , 5 , 11 & 12
all from 6 P . M . till 10P . M .
Executive Session
• Zoning Enforcement went to court for the first time in January . Unfortunatly
we lost . The issue at hand never even came to issue since the court had to
dismiss the case on a request of Denial . of Right of Due Process of Law .
As far as the rest of the 10 pending cases / it is my finding that we are in
thissituation in all but one case . We must be prepared in the future to
deal with defendents being represented by legal council . The one possible
exception is also questionable at this time as well .
Propasal From Zoning Office
The zoning office is proposing to assist the town residents in compling
with the Dryden Town Zoning Ordinance of Abandon and /or Inopertable Vehicles
not being stored at individual residents . See copies of work completed
at this time . Please be able to comment and discuss .
Zoning Office Hours .
Since the current posted office hours do not corespond with the hours . that
this office is openjwe need to approve the additional hours prior to my
posting such changes to the public . As you may or may not recall the old
hours are posted as follows : Tues . s Thur . 9 : 00 A . M . till 1 : 00 P . M . and
Sat . 9 : 00A . M . till 12 : 00 Noon .
Based on my ( 6 ) weeks experience and a review of 1986 activity) I find that
• the following should be sufficent ; Mon . thur Fri . 8 : 00 A . M . till 1 : 00 P . M .
and ( 1 ) Sat . per month 9 : 00 A . M . till noon . The Sat . selected should be
one in the middle of the month such that any necessary public hearing requests
could be posted so that such request could be heard by the necessary boards
as they regularly meet . Please also keep in mind that I am able to set up
7nn • e
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• Executive Session Cont .
meetings and appointments as necessary for anyone from 7 : 30 A . M . till
9 : 00 P . M . Monday thur ° Saturday . As you can see the office is open on
the average 26 hours per week as compared to 11 hours per week in the
past with a much more flexible appointment schedule than before as well .
Please feel to discuss and question this approach .
CC : Mahlon R . Perkins , Town Attorney
Susanne Lloyd , Town Clerk
RESOLUTION NO . 61 - 1987
Councilman Garlock . offered the following
411 resolution and asked for its adoption :
WHEREAS , this Town Board has previously adopted a
Resolution on January 6 , 1987 approving the establishment of
Monkey Run Water District ( 2 ) , and
WHEREAS , said Resolution was adopted subject to a
permissive referendum in the manner provided in the Town
L aw , and
WHEREAS , no Petition was filed requesting a referendum
on the question of the formation of the Monkey Run Water
D istrict ( 2 ) as evidenced by the Town Clerk ' s Certificate to
that affect , and
WHEREAS , an Application has been prepared to the
D epartment of Audit and Control in Albany , New York for
permission of the State Comptroller to establish the Monkey
Run Water District ( 2 ) , and
WHEREAS , this Board being fully advised as to the
proceedings and contents of said application ,
NOW , THEREFORE , be it resolved by this Town Board as
follows :
• ., 1 . The Town Supervisor is hereby authorized to verify
and sign the Application ( in duplicate ) to the State
Comptroller at the Department of Audit and Control in
Albany , New York for permission to establish Monkey Run
Water District ( 2 ) .
2 . The Town Clerk shall transmit a certified copy of
t his Resolution ( in duplicate ) to the Department of Audit
and Control together with the Application ( in duplicate ) and
any other required supporting documentation as may be
requested by the Department of Audit and Control and in
furtherance of this Application .
SECONDED by Councilman Schlecht
Roll call vote - all voting Yes
1110
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•RESOLUTION NO . - 62 - 1987 .
Councilman Garlock _ offered the following
resolution and asked for its adoption :
WHEREAS , this Town Board has previously adopted a
Resolution on January 6 , 1987 approving the establishment of
Monkey Run Sewer District ( 4 ) , and
WHEREAS , said Resolution was adopted subject to a
permissive referendum in the manner provided in the Town
Law , and
WHEREAS , no Petition was filed requesting a referendum
on the question of the formation of the Monkey Run Sewer
District ( 4 ) as evidenced by the Town Clerk ' s Certificate to
that affect , and
WHEREAS , an Application has been prepared to the
Department of Audit and Control in Albany , New York for
permission of the State Comptroller to establish the Monkey
Run Sewer District ( 4 ) , and
WHEREAS , this Board being fully advised as to the
proceedings and contents of said application ,
NOW , THEREFORE , be it resolved by this Town Board as
follows :
• 1 . The Town Supervisor is hereby authorized to verify
and sign the Application ( in duplicate ) to the State
Comptroller at the Department of Audit and Control in
Albany , New York for permission to establish Monkey Run
Sewer District ( 4 ) .
2 . The Town Clerk shall transmit a certified copy of
this Resolution ( in duplicate ) to the Department of Audit
and Control together with the Application ( in duplicate ) and
any other required supporting documentation as may be
requested by the Department of Audit and Control and in
furtherance of this Application .
SECONDED by Councilman ___ Schlecht
Roll call vote - all voting Yes
•
Re
Z . o . Slater gave the Board members a copy of his report . There was
a1t., o a request for a charge in the Zoning Office hours .
(`1tty Perkins wanted to know if Z . CJ . Slater was going to mention
anything about the H1=P structure condition , and he felt that the
B oard should be kept aware of this situation .
fatty Perkins _. he advised the Board last month that HEP had
constructed and occupied a building without a certificate of
o ccupancy and that there were certain problems that they would have
getting it . Gary Wood and the testing firm from Binghamton did a
✓ andom sampling of the torquing of the different bolts within the
steel frame building and they were not even half as tight as they
should be and there were s '-' rlie that were not even bolted .
7 . 0 . Slater -- was there when they did the testing and he took a
second look when he was there at another time . Apparently what we
h ave there are 2 sections of beams , which either" during
transportation or assembling were dropped and hit something solid
because one of the face plates that belt together has deflected so
that yii '.A do not have a nice even meet , so when the bottom bolts
w ere drawn up they were not able to draw the spring out of it and
made it look like a woor' se5 situation than what it really was When
the structure was assembled the nuts were not torqued to the belts ,
they were .jt.tst, hand tightened and they varied all . over the place .
H e believes as of Last Fri the manager of I I •.... P ' s was trying to get
Triangle Steel directors to go through the building and properly
I tighten Gall. s_ Geel. bolts t �:� acceptable tolerance =:, �_� as t �_� make the
i
structure safe .
Fl• tty Perkins -•- Gary Wood did say that he considered the building
u nsafe and that it should be corrected .
Z . O . Slater -- it will be corrected . He dial give Jim ' s Place a.
temporary certificate of occupancy and is conditional on the fact
that when the structural steel bearers have been cor' r' ected then he
w ould issue a permanent certificate? . Everything else in that
f acility meets code .
At ty Perkins -- fel. t that the it is important that given the r - port
w e have from our retained engineer that the Town should staff i in top
o f it to get it resolved . [nary Wood feels that those plates should
come together . .
Supv f - 1- teri. l l - the Zoning Officer should follow up on this to
• make sure everything is done to code and keep the Hoard informed .
Z . O . Slater -- Gary Wood is handling that aspect of it himself .
; upv Cot, tenet - Henry has discussed with hied as to what he would
like to do with regar' ci to office hours and felt that sitting in the
• office every Sat morning was not good use of his time . He would
0 like to have the Board allow him to advertise that he would be in
the office the 2nd Sat of every month from 9AM to 12 noon ; Office
hours from ''3 (-1M to IPM Mon thru Fri and will be available by
appointment if necessary .
1
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All of the Board members were in favor . Since Clm Evans was absent
M Clrn Garlock spoke on his behalf . He felt very strongly that the
Zoning Officer should be in the office on Saturdays .
The Zoning Office hours would now be changed to 8 :00A . M . to
1 : 0=00P . M . Monday thru Friday . The 2nd Saturday of every month
':00A . M . to 12 noon and appointments when necessary .
Z . O . Slater reported to the Board that he has coordinated di. nated with Herb
B recht to tow cars to a location and a metal processor to pick the
cars up twice a year with regard to inoperable vehicles in the Town
Atty Perkins suggested to him that the (Board might want to consider
h aving a trash pick up day like the Village of Dryden does so that
w e can help people to come into compliance .
CORRESPONDENCE
Letter from Tompkins County Hospital with regard to the expiration
time of the Town of Dryden representative . Bard Perkins is our
✓ epresentative at the present time and Supv Cot t er i. 1 1. w i l l check
w ith him to see if he will consider another terra .
Ambulance report
D og report
FINANCIAL REPORT ..- given t o Board members
• .7UST T CE REPORT - $ 3434 . 00
RESI)! _ U: _l;1IN th6., 3 ._T RfNSFEH FUNDS _FROM_A1620 . 2_ TO A1620 . 461
C .lm Sc hl. echt offered the following resolution and asked for its
adoption :
RESOLVED , that this T ': wrl Board authorize the Supv to transfer
$ 477 ; 00 from A1620 . 2 ( copier equipment ) to A1620 . 461 ( c.op i er
2nd C' lm Garlock Roll call vote -- all voting Yes
RESi) i__ UTION i# 64 1-1301113FEI FUNDS FROM A14SO . 4 TC1 91 _/-J39. a 11
Clm Garlock offered the following resolution and asked for its
adept i 'c' na
RESOLVED , that this Town Board authorize the Supv to transfer
$ 750 . 00 from A1430 . 4 ( per sonne .l contractual ) to A1430 . 11 ( personnel
assistant ) .
2rlci C1. rn Sch1echt Roll 1 ca11. vote -- all voting Yes
FIE: cni_ 1,11- ION- # .65.5_ INCRE iSL _ BUDC I^ T__ i-iCC_OUNT. _0_ 13..3.(2 ._CJR �_.II3D ) ._FROM _.1: 1I . • l- fj__
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RESERVE
C1. m Webb offered the following resolution and asked for its
•
adoption :
iol 1 .
RESO !_. VE:: I? , that this Town Board authorize the Supv to increase the
budget of the tax collector reserve account ( A13 0 . or" . i:; 00 ) by
$ 1 , 420 . 21 for the purchase of the tax software package from the
capital reserve account .
2nd C lm Garlock Roll call vote -- all voting ing Yes
RESOLUTION ON # 66 AUDIT GENERAL FUND BILLS
III Cim Webb offered the following resolution yµ and asked for its
adoption :
RESOLVED , that the general fund bills be paid as audited .
2nd 0l r:i Garlock Roll call vote e - all voting Yes
RE- SIJLL.IT I QN 11G7 ALID I T H I GF1WPY r= L_iND BILLS
C; .lm « chler.' ht offered the ft.. .- � wiriy 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
riE: SOL. UT I ONI i* 68 flppo I. Ni r, I inl-IWPY SLJPE: R I NTE NDENT
C. lm `? chlecht offered the fo= llowing resolution and asked for its
adoption :
RESOLVED , that this Town Board appoint Donald Gilbert ac Highway
Superintendent whose term will expire December 31 , 1987 .
2nd C1ni Garlock Roll call vote - all voting ing Yes
Adjourned : r.J c 15PM
411 C7f7e1.742..._
Susanne Lloyd
Town Clerk
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