HomeMy WebLinkAbout1989-11-02 '55
TOWN BOARD MEETING
®
SPECIAL PERMIT HEARING
PFNICOR INC . PEPSI - COLA BOTTLING
NOVEMBER 2 , 1989
Meeting was called to order by Supv Schug at 12 noon
Roll call was by the Town Clerk. :
Present : Supv Schug , Gin Hatfield , Clrn Evans , Clrn Garlock ,
Clw Walbridge , Atty Perkins and 2 . O . Slater
S upv Schug read the notice that was published in the newspaper to
consider the application of Benicor Pepsi- Cola Bottling ( copy of
notice in minute book )
Q UESTIONS AND / OR COMMENTS
S upv Schug -- this permit was granted in July 1987 by a variance .
S ince that time , Benicor applied for a building permit which had
to be rejected and rescind the special permit because the time
h ad run out on the original permit that was granted .
J on Metzger -- representing Benicor - they will be building a
16 , 000 sq ft warehouse . 14 , 000 sq ft is warehouse and 2 , 000 sq ft
is for office space . They own 48 acres of land and the building
will be 400 ft back from the main road and will not be close to
any boundary lines .
P atricia Ziegler ' s parents were concerned about water run off on
to her property .
Jon Metzger -- the land slopes to the back where they are located
and will not affect her property at all .
Closed public hearing
RESOLUTION # 248 GRANT SPECIAL_ PERMIT
F.iEN I COR INC . PEPSI - COLA BOTTLING
----
Clm Garlock offered the fallowing resolution and asked for its
adoption :
RESOLVED , that this Town Board grant the application of Benicor ,
P epsi - Cola Battling to establish by special permit a soft - drink
storage warehouse and office . The site is at or about 387 North
Road with the following conditions :
1 - the project during and following construction comply with
all applicable local , county , state and federal Ordinances ,
Cedes , Laws , Statues , Rules and Regulations .
2 - that the project be constructed according to the plans
submitted by the applicant and approved and filed with the
Town .
3 - that the project during construction and upon completion
not constitute a public or a private nuisance .
4 - that when municipal water and / or municipal sewer is
available the applicant shall connect to the same upon notice
to do so from the Town .
TOWN OF DRYDEN is DRYDEN NEW YORK
$s EAST MAIN STREET, DRYDEN , NEW YORK 131053
(307-9/ 1-9T20 In tin Heart of the I'ir er La r Region
Zot.1ruG & BUILDING CODE ENFORCEMENT
Date : October 2.4ethi 1989
To : Jamcs S chug p Dryden Town Supervisor
From : Henry M . Slate x , Zoning 8c Building Gode Enforcement Office
Frown of Dryden
Sub . : Spacial Permit Application arid, Hearing , Ben,i. cor , .Lnc .
Dear Jim •
Please ,firul, attached of a Notice of I' u'blio Hearing ? an application
and copy of all documents submitted by .F3errico .rt " Pepsi - Cola Bottling"
to es Labli_sh p by special permit , a soft - il.n: irk storage warehouse arid,
o-Yf. _l. rji . The site is at or about 387 North Road. Wreevillet New York
within an JUD - Zoning District ' The proposed activity is r , permited
use by 5prc:i. ai_ perm± tU
;C r r reviewed the application and supporting documents and find that
the a.;pplicant has sirpplted , irr suffic;icnt cl,eta.iJ. r the required material
to comply with the terms of a special permit • That bet rig the case , I ' ve
schecluJ, ed , Grith your approval , at Special Permit Hearing for the f3enico :r
Aj . :LicatiCrrrt for 12t00 Noon Thursday November. 2ndp 1989 at the Dryden
Town Hall '
If you ho:vc any questions or concerns , please feel free to contact me
as ncl. cessiflys
Thank ,you '
].Ferry • Slater
CC: A11 Dryden Town Board Members
Me.h :l. on TH • Perkin , Dryden Town Attorney
,.fOn Metz gar , ]3enico:r , Inc .
T- Susanii6Flioydp Dryden Town °l,erk 7
r
S
/5
11 - 2 - 89 page L.
5 - that should the Town require easements for municipal
w ater lines and / or municipal sewer lines and necessary
appurtenances , that the applicant , its successors and assigns
grant them to the Town without the necessity of compensation
for the same .
SEI2R PROVISIONS
6 - that the Environmental Assessment Form prepared in
connection with the project is approved and accepted and
based upon it the project will have no adverse environmental
impact .
7 - that if applicable , the Supervisor or his designee
prepare and file a Negative Declaration .
A -- that during and following construction , the amount and
✓ elocity of surface runoff water from the site to adjoining
properties shall not be increased .
End Clm Evans Roll call vote - all voting Yes
There was considerable discussion regarding Oak. Brook Drive as to
whether or not the Town of Dryden would accept the road . Under
the old highway specifications the maximum grade was 12 % and the
new specifications the maximum grade is 10% . The reason for the
Town to accept the road was because it was time to either renew ,
✓ elease or seize the bond .
® Atty Perkins - there is no question that the new specifications
are the ones that apply and the road does not meet them . The Town
could create an exception if you were going to accept it .
Mark Stevens - the only problem is 600 feet of the road .
Atty Perkins -- did contact George Schlecht and he indicated that
at no paint should the grade exceed 12 % which is the extreme
u pper limit . Before the stone and oil was applied the developer
w as aware that the grade exceeded 12 % at that time . Apparently
additional work was done as evidence by the different percentage
w hich he has indicated in his attachments and in the letter to
his engineer .
RESOLUTION # 249 LETTER OF CREDIT -- MARK STEVENS
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that the applicant produce a letter of credit in the
amount of $25 , 000 . 00 in a form satisfactory to the Town Attorney
by November 10 , 1989 . The Town shall upon certification of the
town engineer that Oak Brook Drive does not meet maximum grade
specifications of 12 % and will present a listing of letter of
credit for payment . Also , that Dak Brook Drive road shall be
completed by the developer by July 1 , 1990 . If this is not
completed by that time the Town of Dryden will have the right to
e xercise the letter of credit .
2nd Clm Hatfield Roll call vote
C1rn Hatfield Yes
Clm Evans Yes
Clm Garlock Yes
Clw Walbridge No
11 - 2- 89 page 3
RESOLUTION #4250 AUTHORIZE TOWN HISTORIAN
TO ATTEND MEETING
•
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize Town Historian Ruth
S weetland to attend a meeting in Spencer on November 4 , 1989
and in Ithaca on November 30 , 1 '989 and to pay expenses not to
exceed $ 100 . 00
2nd Clm Garlock Roll call vote - all voting Yes
RESOLUTION 4# 251 RETAIN TOWN! ENGINEER
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board appoint George Schlecht as Town
E ngineer for the Town of Dryden until the end of 1989 after such
time the appointment will be made on an annual basis at the
Organizational meeting _
2nd C1w Walbridge Roll call vote -•- all voting Yes
There was some discussion regarding the MA Zone north of the
✓ illage of Dryden and the Town Board scheduled a public hearing
1 - for November 28th at 6 : 30PM
0
Adjourned : 1 : 15PM
Susanne Lloyd
Town Clerk.