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HomeMy WebLinkAbout1987-08-11 g°7 TOWN BOARD MEETING AUGUST 11 , 1987 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 : P resent : Supv Cotterill , Clm Evans , Clm Webb , Clm Garlock , Clm S chlecht , Atty Perkins and Z . O . Slater PUBLIC HEARING # 1 ZONING FEE AMENDMENTS S upv Cotterill read the notice that was published in the newspaper t o consider the adoption of certain proposed amendments to the Town o f Dryden Zoning Ordinance . Q UESTIONS AND / OR COMMENTS Atty Perkins - these are amendments which were requested and are mainly administrative functions that have to do with rewording , setting forth fees for building permits , certificates of occupancy , and other procedural requirements and adding a new section ✓ egarding reimbursable costs . Also an addition to Site Plan Review w hich was omitted . Closed public hearing RESOLUTION # 123 ADOPT AMENDMENTS TO ZONING ORDINANCE Motion was made by Clm Evans and seconded by Clm Webb Roll call vote - all voting Yes ( original inserted in minute book ) PUBLIC HEARING # 2 SPECIAL PERMIT - James Case S upv Cotterill read the notice that was published in the newspaper t o consider the application of James and Patricia Case , 611 Lake Rd to establish a commercial garage for the purpose of repairing farm t ractors . Q UESTIONS AND / OR COMMENTS J ames Case - this would be a garage to repair farm machinery , mostly tractors . Clm Garlock - wondered if he was in this same business at some o ther location at the present time ? J ames Case - he is doing this now , but going from farm to farm and it is not easy with some of the tools that he needs . It would be more convenient for him to have it at his residence , but he will continue to do some work at the farms . ,.. 81 4 (y t - `� .,>_Ctir-In 'id I 3 TOWN OF DRYDEN 1 • NOTICE OF ADOPTION OF RESOLUTION TOWN OF DRYDEN ZONING ORDINANCE PLEASE TAKE NOTICE as follows : At a special meeting of the Town Board of the Town of Dryden , Tompkins County , New York , held at the Town Hall , 65 East Main Street in Dryden , New York , in said Town , on August 11 , 1987 , at 7 : 00 o ' clock P . M . , 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 Evans , who moved its adoption , seconded by Councilman Webb to wit : . 01/ • . stet / e 1 . Section 1801 of the Town of Dryden Zoning O rdinance is hereby amended to read as follows : Section 1801 . Building Permits . ( 1 ) No building in any district shall be begun , enlarged or extended or any work commenced that will change the present use of any building without a Building Permit issued by the Zoning Enforcement Officer . No mobile home , replacement mobile home , or extension shall be placed o n an individual lot without a Building Permit . ( 2 ) Every applicant for a Building Permit shall state in writing on a form supplied by the Town , the intended use of the building or mobile home and shall _ furnish a sketch drawing showing the lot shape and d imensions and indicating the size , shape and location of said building . Said Building Permit shall expire 12 months from the date of issuance , unless there has been substantial progress in the work for which the Building Permit was issued . Said permit shall be posted or displayed in a conspicuous place and shall be visible from the nearest public road . ( 3 ) No charge for a building permit shall be Amk made for the erection , enlargement or extension of any auxiliary farm buildings , exclusive of a farm residence . ( 4 ) No building or mobile home shall be o ccupied without first obtaining a Certificate of Occupancy from the Zoning - Enforcement Officer . This provision shall apply to any construction or work done or placement or ✓ eplacement of any building or mobile home for which a B uilding Permit is required whether or not a fee has been charged . ( 5 ) `The fees for Building Permits and Certificate of Occupancy shall be as set forth in Article XX IV . 2 . Section 1902 of said Ordinance is hereby amended t o read as follows : ( 1 ) All appeals to the Zoning Board of • Appeals shall be made in writing and shall be submitted to t he Zoning Enforcement Officer who shall refer them to the Zoning Board of Appeals .. ( 2 ) The Board shall give notice and hold a public hearing on any such matter by publishing in the o fficial Town newspaper at least five ( 5 ) days prior to the public hearing and a public notice of hearing for the appeal and the Board shall mail notices thereof to the parties • involved , and to the regional state park commission having . • , jurisdiction over any state parks or parkways within 500 • feet of the property affected by such appeal . ( 3 ) The Board shall act on any appeal within sixty ( 60 ) days after the final hearing . Every decision shall be by resolution and shall contain a full record of the findings of the Board in the particular case . ( 4 ) The fees for filing an appeal shall be as set forth in Article XXIV . 3 . Section 2206 of said Ordinance is hereby amended to read as follows : ( 1 ) The application shall be filed with the Town Zoning Officer . The contents of the application shall include , but shall not be limited to a sketch plan of the proposed district , approximately to scale , showing the location and approximate dimensions of the various uses and buildings , outlines of any proposed interim roadway system and all existing rights - of -way and easements , delineations of residential uses , showing density , dwelling unit type and general description of proposed market structure , th interim open space system , overall drainage system , topography , principal ties to the community at large with respect to transportation , water supply and sewage disposal , general descriptions of provisions of necessary community facilities , and a location map showing ownership and the use of abutting lands . Regulations may require the applications shall be accompanied in such form as the Town Board deems appropriate by the submission of evidence of how the proposed planned development district will meet community needs and of its consistency with community and area wide comprehensive planning and by an example of the proposed form of ownership of any common property , and by a proposed schedule of development if development is to be staged . ( 2 ) The fees for filing an application shall be as set forth in Article XXIV . 4 . Subdivision B of Section 2302 . 3 is hereby amended to read as follows : B . Required Fee . The fee for filing an application . shall be as set forth in Article XXIV . • 5 . Section 2302 . 9 . Reimbursable Costs . is hereby repealed' . 6 . Section 1303 ( 1 ) ( g ) is hereby amended to read as follows : ( g ) A statement by applicant appraising the effect of proposed use on adjacent properties and development of the neighborhood . 7 . Section 1303 ( 1 ) is hereby amended by adding thereto a new subparagraph ( h ) to read as follows : ( h ) The fee for a special permit shall be as set • forth in Article XXIV . • 8 . Paragraph A of subsection 2 of Section IV . P rocedure in filing Subdivision Applications of the Land P ubdivision Rules and Regulations of the Town of Dryden , New York is hereby amended to read as follows : A . Application . ( 1 ) Upon receiving Sketch Plan approval , with or without modification and prior to the filing of an application for the approval of a Subdivision P lat , the subdivider shall file an application for the consideration of a Preliminary Plat of the proposed subdivision , in the form described in Section VI , No . 2 hereof . The preliminary plat shall , in all respect , comply with the requirements set forth in the provisions of Sections 276 and 277 of the Town Law , and these regulations , except where a waiver may be specifically authorized by the P lanning Board . ( 2 ) The fee for an application of preliminary plat approval shall be $ 100 . 00 if 10 lots or less are proposed and $ 250 . 00 if more than 10 lots are proposed . 9 . Section 4 . 01 of the Town of Dryden Mobile Home P ark Ordinance is hereby amended to read as follows : 4 . 01 The fee for a special permit shall be $ 75 . 00 . 10 . There is hereby added a new Article to the Town of •• . Dryden Zoning Ordinances as follows : ARTICLE XXIV . Fees and Reimbursable Expenses . Except as where otherwise provided in this ordinance or any other ordinances of the Town of Dryden the following fees and reimbursable expenses shall be paid to the Town at the time an application is made or appeal filed except reimbursable expenses shall be paid before a permit is issued . 1 . Section 1801 . Building Permits - Where the cost of the proposed construction is under $ 10 , 000 . 00 - $ 25 . 00 . Where the cost of the proposed construction is over $ 10 , 000 . 00 - $ 75 . 00 . No additional fee shall be charged for a Certificate of Occupancy where a fee was paid for a . • building permit . 2 . Section 1902 . Filing an appeal to the Zoning B oard of Appeals - $ 50 . 00 . 3 . Section 2206 . Application for Planned Unit D evelopment - $ 250 . 00 . 4 . Section 2302 . 3 ( B ) . Site Plan Approval Application - $ 100 . 00 for any project less than two ( 2 ) acres in size and $ 250 . 00 for any project two ( 2 ) acres or larger . . . • 5 . Reimbursable costs . The reasonable and necessary costs , fees or disbursements incurred by the Town o r its officials for consultation or review by professionals including architects , engineers , landscape architects , surveyors or others of any Application for a Building P ermit , Certificate of Occupancy , Appeal to the Zoning Board o f Appeals , Application for Subdivision Approval , Application for a Planned Unit Development or Special Permit for a mobile home park shall be paid by the applicant . 11 . Section . 1804 of the Town of Dryden Zoning O rdinance is hereby amended to read as follows : Section 1804 . Violations and Penalties . A violation o f this Ordinance is an offense punishable by a fine not e xceeding $ 100 . 00 or by imprisonment for a period not e xceeding fifteen ( 15 ) days , or both . Each day ' s continued breach shall constitute a separate , additional violation . In addition , the Town Board shall have such other remedies as are provided by law to enforce the provisions of this Ordinance . 12 . Section 1206 of said Ordinance is hereby amended by adding thereto a new subsection 5 to read as follows : 5 . For all uses : lot area shall be at least one acre with at least 150 feet of street frontage . R 110 : 0 C grasal • The question of the adoption of the foregoing resolution was duly put to a vote on roll call . which resulted as follows : Clinton E . Cotterill voting Yes George Schlecht voting Yes Merton Webb voting Yes Charles Evans voting Yes Karl Garlock voting Yes . The resolution was thereupon declared duly adopted . Susanne Lloyd Town Clerk • 1 • Clm Schlecht - wondered how many tractors , parts , etc would be stored at his garage ? • James Case - could not answer that . They have kept several feet f rom the back boundary line behind the building for storing t ractors while they were waiting for parts , or until there was money for the repair work to be done . Clm Schlecht - wanted to know how we would assure the Town that t his will not end up as a junk yard . Clm Evans wanted to know if there would be a problem if the Board ✓ estricted him to 5 tractors at a time or what would be a ✓ easonable number ? J ames Case - he didn ' t want that because he could get backed up t hat many just waiting for parts , he would like at least 20 . S ometimes it takes 2 to 4 months to wait for some parts , and he w ould like to make a living doing this and does not want to cut h imself short . He would also like to get the building completed before he starts working on the tractors . He also plans on doing t his work alone . Clm Evans wanted to know how early and how late he expected to be w orking ? J ames Case - could not answer that because he was not sure and it would not be every night , he did not think that the neighbors would complain . Closed public hearing RESOLUTION # 124 GRANT SPECIAL PERMIT - JAMES CASE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant this special permit application to James and Patricia Case , to establish a commercial g arage for the purpose of repairing farm tractors at their ✓ esidence of 611 Lake Rd with the following conditions : 1 - with the ✓ estriction of tractors on the property to those being under ✓ epair ; 2 - that this special permit is not transferable by sale or by lease . 2nd Clm Schlecht Roll call vote - all voting Yes APPROVAL OF MINUTES - Motion was made by Clm Evans and 2nd by Clm G arlock that the minutes of July 14th Board meeting be approved as submitted . CITIZEN PRIVILEGE OF THE FLOOR • Steve Kambic , Program Director for Historic Ithaca would like the Town of Dryden support in a form of a certificate that the State of N ew York requires . The Town Board decided to give them the support . ( Copy of certificate and letter entered into minute book ) TOWN OF DRYDEN • DRYDEN, NEW YORK W' 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053 • In the Heart of the Finger Lakes Region Date : August 3rd , 1987 To : The Dryden Town Board From : Henry M . Slater , Zoning & Building Code Enforcement Officer Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub . : Agenda for Tuesday August 11th , 1987 Please b informed that there will be a site plan review at 7 : 00 P . M . for the Inclosed applicant , Meltron Inc . There also will be a special permit review at 7 : 45 P . M . for James Case will details that was fowarded to you last week . S C TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053 * In the Heart of the Finger Lakes Region Date : August 8th , 1987 To : The Dryden Town Board Members . From : Henry M . Slater , Zoning & Building Code Enforcement Officer Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub . : ,July Month End Report Gentlemen : During the month of July ( 87 ) there were ( 25 ) Building Permits issued and are as followes : A- 1 Single Family Structures : 10 A- 1 " " Additions : 3 A- 1 Mobile Home Replacements : 2 C - 4 . 1 Private Garages : 3 - - - Swimming Po s : 2 C - 5 Replace enter nce to Church : 1 C C - 5 Replace Flat Roof of Bank with a Peak Roof : 1 C - 4 Erect a Tact Barn for horse equipment : 1 C - 6 Erect a Dairy Barn : 1 - - - Erect a Free - Standing Sign : 1 Total 2. 5 I was able to work in inspections of ( 2 ) multiple dwellings during the past month and will continue to work these in . I also intend to start working in public assembly inspections this month , August . I need some direction concernig the replacement of mobile homes in mobile home parks on approved lots . What I _ would like to know is , do you want to issue and charge for a building permit ? The reason I ask is that there is no direction in the Ordinance as it now is written . Section 1800 , Building Permits , mentions replacements on individual lots need a building permit . The mobile home park ordinance states n othing at all about building permits . Since I ' ve started working w ith the mobile home parks on inspection of mobile home instal ()'ations , I feel that there should be something in the ordinance to cover this situation . Currently I ' m providing inspections and maintainhng a record of the inspection and issuing a certificate of occupancy to the park and a copy to the home occupant . All C . O . ' s stste that they e xpire when the home is removed from the lot . Zoning report for July is attached . Temporary Variance Granted to Albert Edmundson of 40 Lower Creek Road Etna , New York , to place a mobile home at his residence . Said variance w as granted . Dec . 2nd , 86 and expired June 2nd 87 . Mr . Edmundson came in n eeding a . few weeks to move the home which I allowed to occure . I said that he must comply by 7 / 15 / 87 which he has not . Where do we want to go from here ? •: - c TOWN OF DRYDEN • DRYDEN, NEW YORK P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 •` ' ' 607-844-9120 In the Heart of the Finger Lakes Region ZONING OFFICE Date : June 25th , 1987 To : Members of the Dryden Town Zoning Board of Appeals From : . Henry M . Slater , Zoning & Building Code Enforcement Officer Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub . : Zoning Board of Appeals Agenda For July 7th , 1987 7 : 30 P . M . : Mr . Timothy J . Thomas is requesting a variance to section 701 of the Dryden Town Zoning Ordinance , allowed uses , to reect and establish a _ Saw Mill Business . at or about 9 Chaffee Road in the Town of Dryden . 7 : 45 P . M . : The Pepsi - Cella Elmira Bottling Co . , Inc . is requesting a variance to section 801 of the Dryden Town Zoning Ordinance to erect and establish a storage warehouse and light manufacturing facility at or about 473 North Road in the Town of ,nrvden _ . • 8 : 00 P . M . : Mr . toward L . Savage of 939 Dryden Road is requesting a variance to section 1001 of the Dryden Town Zoning Ordinance to operate a small manufacturing faci1ity, of machine parts at his resai51enpes in the Town of Dryden . 8 : 15 P . M . : Mr . it; hrs . -- Kenngffi ii Welch-i on-213 Dryden Road , P ; O . Box ` -arse - requesting a variance to resolution 178 - 1986 the repeal of section 801 item 13 of the Dryden Town Zoning Ordinance , to establish a second residence in the form of a mobile home for income property at their residence at 2215 -Dryden Road . Said property has had at various times , a mobile home on it as income property . The , need for a variance is the above resolution . CC : Linda L . Woodin , Recording Sec . P40 . Box 82 dryden , New York 13053' Thomas request was defeated ( 3to2 ) ' Pepsi - Cola .request was approved ( 3 - 2 ) with stipulations as follows : Restrict actions of light manufacturing to that of repairing of vending machines and the assembly of vending machines . Savage Request , approved as requested . Welch Request , approved as requested . ' . ' cs' . r> �� r� IS r. r` e s' • 4,. -a t_ - Ii • .;rte. ;r `t l:\P to slog STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE , N . Y . 13202 RICHARD SIMBERG FRANKLIN E. WHITE REGIONAL DIRECTOR COMMISSIONER August 7 , 1987 Susanne Lloyd , Clerk Town of Dryden 65 E . Main Street Dryden , New York 13053 Dear Ms . Lloyd : Re : RESOLUTION NO . 103 UPGRADE ROUTE 13 The relocation of Route 13 has been the subject of much discussion over the years . As a direct result of the need to take care of our existing highways and bridges , our ability to finance projects of this type has been all but eliminated . Until our infrastructure needs can be reduced to an acceptable level , projects such as that desired for Route 13 will have to be postponed . Therefore , improving the existing sections of Route 13 on priority basis will • be our course of action for the foreseeable future . The Planning & Development Group is beginning an in- depth assessment for Route 13 from Route 366 to the Village of Dryden . This study is required to determine the scope of work required and the corresponding cost . Subsequently , a tentative schedule for the work will be identified . In the interim we will continue to monitor safety situations and take corrective action as funds and staff permit , such as the recent moving of selected utility poles further from the edge of pavement . We will keep you informed on our findings . Thank you for keeping us abreast of local activities concerning Route 13 . Sincerely , '4' / , RICHARD SIMBERG , P . E . Regional Director of Transportation Region # 3 • • TOWN OF DRYDEN • CERTIFICATIONS The New York State Affordable Housing Corporation ' s Affordable Home Ownership Development Program . The Town of DRYDEN , Tompkins County , New York , hereby assures and certifies that it will comply with the regulations , policies , guidelines , and requirements of the New York State Affordable Housing Corporation as it pertains to Historic Ithaca & Tompkins County ' s application for Affordable Home Ownership Development Program funds . Also , the Town gives assurances and certifies with respect to said application that : ( 1 ) The Town of DRYDEN is an eligible program area since there are deteriorating housing conditions , an aged housing stock , and other factors indicating an inability or unwillingness of the private sector , unaided , to invest in homes for the area ; ( 2 ) The Town of DRYDEN is an eligible area for the purposes of the Affordable Housing Corporation regulations since it is included in Historic Ithaca & Tompkins County ' s rural preservation program service area ; ( 3 ) Due to the presence of deteriorating housing conditions , and the I. inability or unwillingness of the private sector to facilitate affordable housing for persons of low to moderate income , the need exists in this town to carry out activities of the application ; and ( 4 ) The Town of DRYDEN , within which the activities of the application will be undertaken , will not substitute funds provided by the Affordable Housing Corporation for monies which the Town would have spent in the absence of the Affordable Home Ownership Development Program and that such monies will enable the Town to expand its commitment to increase the supply and improve the condition of low and moderate income owner occupied housing to levels greater than would have been possible without such a program . The Town Board has attested to these certifications during its Aug . l1 , 1987 meeting . Corporate Seal J , Or s if o'- / 5 - n Town Cler ' f Date • Notary dQ • • Clinton E . COtterillSupervisor Town of DRYDEN 65 East Main Street Dryden , New York 13053 August 12 , 1987 S teve Kambic , Program Director H istoric Ithaca & Tompkins County 120 North Cayuga Street Ithaca , New York 14850 D ear Mr . Kambic : After discussing your efforts to improve the quality of rural housing , the Town of DRYDEN has decided to endorse Historic Ithaca & Tompkins County ' s 1987 funding application to the New York ate Affordable Housing Corporation . We welcome the proposed purchase , renovation , and sale of formerly vacant buildings for the ownership of and occupancy by income eligible families . With your proven ability to provide technical assistance to homeowners , combined with our participation with your ongoing vacant structures survey , we are confident the activities cited will be accomplished . To further assist the application process , we have attached certifications addressing matters of : geographic eligibility , use of municipal funds , and the need for this program . P lease keep us informed as to program developments and contact us if we can be of additional assistance . Sincerely , , Supervisor cc : Senator James L . Seward Assemblyman H . Sam MacNeil • � -9i • r Robin Remick , Director from the SPCA submitted a letter to the B oard members and they would like to provide complete dog control • services to the Town for a fee of $ 10 , 100 . 00 and felt that this was a fairly competitive bid . S upv Cotterill - this would not be discussed tonight , but will be considered at budget time . L orraine Bard - the present dog warden for the Town of Dryden also submitted a proposal for the continuation of being dog warden . B ill Bailey - went over the different types of insurance programs with the Board members . D odie Harris , 1886 Ellis Hollow Rd presented the Town Board with a petition for a request to reduce the speed limit on Ellis Hollow Rd between Turkey Hill Rd and Route 79 . RESOLUTION # 125 ACCEPT PETITION TO REDUCE SPEED LIMIT ON ELLIS HOLLOW ROAD Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the petition for a reduce speed limit on Ellis Hollow Rd between Turkey Hill Rd and Route 79 and send the request to the County Highway Supt and State Highway S upt . 2nd Clm Garlock Roll call vote - all voting Yes S upv Cotterill read letter from State regarding upgrading Route 13 . ( copy entered into minute book ) COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans - wondered about the status of Snyder Hill water district if the information was submitted to the Health Dept ? Atty Perkins - he thought the information was submitted , but does n ot know if the review is finished yet , but he will check . ATTORNEY Atty Perkins - reported that all of the required additions and corrections to the engineering contract with Hunt Engineers for the d esign and construction supervision for the Monkey Run water and sewer district have been completed and the contract is signed . H e has not received information yet concerning the continuation of e xploration of water north of the Village of Dryden . H e does have one matter for executive session . ZONING OFFICER • Z . O . Slater gave monthly report to Board members and copy is e ntered in minute book . 9d There was considerable discussion regarding the payment for one - half of engineering fees for the sidewalk project submitted for payment from the Village of Dryden , and the following decision was made . RESOLUTION # 126 AUTHORIZE PAYMENT FOR VILLAGE OF DRYDEN BILL - ENGINEERING FEES Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize payment of $ 1 , 870 . 71 for one - half of engineering fees for the sidewalk project submitted for payment from the Village of Dryden . 2nd Clm Evans Roll call vote - Clm Evans Yes Clm Webb No Clm Schlecht Yes Clm Garlock No Supv Cotterill Abstained Resolution # 126 was therefore defeated . CORRESPONDENCE Ambulance report Dog report . Financial report - given to Board members , Justice report - $ 3 , 768 . 00 for the month of July RESOLUTION # 127 AUTHORIZE SUPV TO SIGN LETTER OF ENDORSEMENT FOR HISTORIC ITHACA Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to sign letter of certification for New York State Affordable Housing Corporation ' s Affordable . Home Ownership Development Program . Clm Garlock Roll call vote - all voting Yes RESOLUTION # 128 AUDIT GENERAL FUND BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Evans Roll call vote - all voting Yes RESOLUTION # 129 AUDIT HIGHWAY FUND BILLS Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . • 2nd Clm Schlecht Roll call vote - all voting Yes • Adjourned : 9 : 00PM Susanne Lloyd , Town Clerk 6;; r:1149-tet-