HomeMy WebLinkAbout1989-11-28 } [
TOWN BOARD MEETING
PUBL 'iC HEARING * 1
L OCAL LAW * 5 - 1989
N OVEMBER 28 , 1989
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Brutes of the Town Board meeting held N ;; v 28th
D eputy Supv Evans read the notice that was published in the
n ewspaper to consider proposed Local Law #* 5 - 1989 ( copy of not ice
in minute book )
Q UESTIONS AND / OR COMMENTS
D eputy Supv Evans - the 'town is currently developing a park at
D ryden Lake and in addition the Town has been developing a number
o f water and sewer districts „ Therefore , we need to expand our
highway department into a public w000r ks department .
• Jack Harding - wanted to know if the highway superintendent would
remain to be an elected office and is it written that the highway
superintendent would always be the superintendent of public
works ?
Clrn Evans - yes as the way the law is written .
S upv Schug ,-' right now it would be part time work _ A lot of the
w ork is contracted out . Bolton Point is handling some of the work
10. and the City of Ithaca is doing the sewer work . Thera is a lot of
maintenance work on the pump stations . Under Town Taw the highway
superintendent , being elected can only work on the highways , but
this would be a department under him . At the present time theme
in no need to hire a public works superintendent , but maybe later
o n .
Closed public hearing :
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Ill NOTICE OF PUBLIC NEARING ON PROPOSED LOCAL LAW NO . 5 OF THE
YEAR 1989 ( A Local Law Establishing the Town of Dryden
D epartment of Public Works )
LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the
Town of Dryden will hold a public hearing at the Town Hall ,
65 East Main Street , Dryden , New York , on the 28th day of
N ovember , 1989 , at 6 : 15 o ' clock p . m . prevailing time , to
hear all interested parties and citizens for or against the
proposed Local Law which would establish a Town of Dryden
D epartment of Public Works and which would be headed by the
Town Superintendent of Highways .
TOWN BOARD OF THE TOWN OF RYDEN
Town Clerk `
11 - 28 - 89 page t
PUBLIC HEARING * E
CHANGE ZONING ORDINANCE FROM
• lit MR ZONE TO RD ZONE
NO EMFSER j'_ B , 19 $ '
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D eputy Supv Evans read the notice that was published in the
n ewspaper to consider the zoning ordinance ( copy in minute book )
Q UESTIONS AND / OR COMMENTS
Catherine Brown a- how mt.tch of the MA Zone does it include to be
changed back ?
Atty Perkins - it would be the entire area that was just made the
MR Zone . •
Catherine Drown - this was ,dust made into a MA Zone and the idea
w as that Dryden needed a MR Zone development . This was a perfect
place for it because there would be water and sewer available and
n ow they want to change it back , why ?
Clm Evans - his understanding is that there is sewer available
there = but there isn ' t any water and it doesn ' t look like the •
town is not going to get any . The Town of Dryden has tried to
n egotiate with the Village of Dryden to contract to buy water for
that area and it has never been cable to be worked out .
Catherine Drown ' - couldn ' t they drill a well like the village ?
Clm Eva ns - the town has tried at least 3 different locations and
have not been successful . •
Catherine Brown - what will be put there instead because she has
heard that there will be multiple residential housing of some •
sort , so where would they get their water ?
Clm Evans - what would be there wouId be whatever is allowed in a
RD Zone . Without water, he didn ' t think that very much could be
d one9 because this is the problem they are facing no w4
Catherine Brown - how will this change help them develope it
because they still have to have water .
E rica Evans - who is asking to change the zone back ?
?
Clm Evans a- the owners of the property _
Catherine Brown -4 they are the ones that wanted it changed to a
MA Zone in the beginning .
Clm Garlock - that is not so , they were not notified when it was
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NOTICE OF PUBLIC HEARING
ZONING ORDINANCE AMENDMENTS
TOWN OF DRYDEN
PLEASE TAKE NOTICE that the Town Board of the Town of
D ryden will hold a public hearing on a proposed amendment to
the Town of Dryden Zoning Ordinance . The proposed amendment
is as follows :
Section 401 of the Town of Dryden Zoning Ordinance as
last amended is hereby amended as follows :
" Section 401 . All land in the Town of Dryden shall
fall within one of the established zones as shown on a map
entitled " Town of Dryden Zoning Map " originally prepared by
E gner and Niederkorn Assoc . , Inc . and last revised 11 / 2 / 89 .
[ The area to be effected by such change is more
particularly described as follows :
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
D ryden , County of Tompkins and State of New York bounded on
the South by the North line of the Village of Dryden ; on the '
West by the west line of lands of Dryden Central School
( being the westernmost boundary of the Cortland Road Sewer
District ) ; on the North by Mott Road ; and on the East by
N orth Road thence South to New York State Route 13 to the
North line of the Village of Dryden .
The effect of this amendment will be to change the area
above described from an MA Zone to an RD Zone .
This amendment shall take effect after publication and
as provided by law .
The public hearing on the proposed amendment will be
held at 6 : 30 P . M . prevailing time at the Town Hall , 65 East
Main Street , Dryden , New York , on November 28 , 1989 , at
which time in teres ted pa rties w .il .l be heard
Susanne Lloyd
Town Clerk
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*** :E**** *** TOMPKINS COUNTY DEPARTMENT OF PLANNING
**- * *******
**** " ***** Harry Missirian Acting Commissioner of Planning
3;** ***** :****
* J ********•*** * ****iei"c3E3E*#*ikdt#d'c*** .;** **i:****ry****#iE#i::f:Y-******************** *** *******
*****3Ed****3E
**********i' **
*** **
November 17 , 1989
To : Henry M . Slater , Zoning Enforcement Officer ,/ J
From : Harry Missirian , Acting Commissioner of Planning ° '
Re : Zoning Review Pursuant to Section 239- 1 - nd -m of the New
York State General Municipal Law .
Proposed discretionary action : Application by property owners for rezoning
from M . A . to R . D . on west side of North Road ( state highway )
Tax Map No . NA
This memorandum acknowledges your referral of the proposal identified above
for review and comment by the County Planning Department .
ZONING REVIEW , pursuant to NY General Municipal Law , Section 239- 1 and -m .
The proposal , as submitted , appears to have no significant deleterious impact
on intercommunity , county , or state interests . However , this evaluation is
based on the assumption that under the R . D . zoning designation the reviewing
board will give due consideration to traffic safety along this increasingly
important highway thoroughfare . Placement and spacing of curb cuts , business
signs which do not create visual hazards , and sufficient landscaping are all
important consideration in this area .
Please submit a copy of your decision so that we can make it a part of the
record .
copy : Dryden Village Clerk
file
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Biggs Center , Building A , 301 Dates Drive , Ithaca , New York 14850 ( 607 ) 274-5360
t,
173
11 - 28 -89 page 3
Catherine Brown - they were like us when we got caught with
h aving it in our area . She very strongly objects to this change
® back to a RD Zane , because it leaves the only MA Zone in her area
as the only one where all the things that other people don ' t want
to be put . As she understands it the only thing they can ' t do in
the MA Zone is multi family housing . If this is what they want to
d o she can ' t see changing it .
Clm Garlock - he does not know of any plans that are being made
for multi family housing except the one application they had from
a developer a long time ago and was not completed because he
could not get any water .
Catherine Brown - there are commercial uses that do not take a
lot of water .
Robert Kirk. - wanted to know if the developers were here so that
they could enlighten us about this ?
Ron Goddard , part owner of the property ., - he owns the Sir acres
in question and he has absolutely no plans at all for the
d evelopment of multi family housing or anything else . His son
in - law operates it as a farm . He did not realize that this was
changed to a MA Zone . He now finds that he has this type of
zoning on his 50 acres unlike all the other acres around him . He
would like this to be in the same RD Zone that everyone else has .
There are no plans for multi housing or any kind of housing on
that particular land except that he does not like to be
discriminated against .
Clw Walbridge - thought there was a serious problem in that the
Town did some long range planning and when they overhauled the
zoning ordinance the last time there were two major MA Zones and
she felt uncomfortable in leaving only one MA Zone near a
✓ esidential area . It would not be wise for the Town Board to
change this area at this time . The Town is trying to make changes
in the zoning ordinance and it would be better served to be
looked at overall rather than changing little bits of the zoning
map that we have been doing recently . She questioned only one MA
Zone as being fair .
Catherine Brown - wanted to know if the Planning Board was
✓ equested that they consider this particular zoning amendment
request and did they approve it ?
S upv Schug - they did consider this zoning amendment and they did
n ot approve of the change .
Z . O . Slater -° the Planning Board recommended that the Town Board
leave the MA Zone as it is .
Robert Lowery , General Manager, for Dryden Mutual Ins . .- they
occupy 6 acres in this MA Zone which was bought in 1984 . They are
11 -28 - 89 ' 1q
page 4
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n ow in the process of negotiating with the people that own the
land for another two sections of the land to occupy for future
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use for their business . The building that they occupy now is
modest in nature and blends in with the surrounding atmosphere .
They have made application for a one million dollar building on
the land they are planning to purchase . They are a successful
company and they plan to grow and briar jobs into the area . With
the present zoning you can only use 60 percent of the property
because of the required setbacks and parking facilities that are
✓ equired „ He hopes that whatever way the Board gees they will
still be allowed to partake of a major portion of that lot and it
will be in essence what is there now . It is a day time operation
and very quiet .
Robert Kirk , Turkey Hill Rd - wanted to make a comment on
principles . He had attended an Ithaca Board meeting and was very
impressed by the plan that was presented , the thought that had
gone into it and the procedure that was set up . Not to nitpick
and change things here and there , but to go in a logical way . We
are hearing here tonight that reports haven ' t been received and
things have to go through the Planning Board . We didn ' t hear that
they had turned it down . It seems to him that there should be a
definite procedure , legally , morally , ethically or however you
look at it to follow things through . He does not hear that in
this discussion and it disturbs him very much . If we are going to
have this area developed it should be a county wide basis and
should have a responsible group that will work with others . It is
✓ ery important with the corridors of traffic that are being
® talked about and the development of the area that foresight
should be used in judging these things and don ' t change them for
w illy - nilly little reasons . You should keep the character of the
community the way it is and keep the development in a logical
w ay . He hopes the Board is doing more than he is hearing tonight .
It is a very valid criticism and there a lot of people in the
area that feel that way . They are behind the Board and want them
to do a good job . He does not hear a logical plan that is corning
in a uniform way .
Clm Garlock. - would also like to bring up the subject of ethics
and also be consistent . Awhile ago the Town Board changed some
zoning from one we had changed it to , back to what it was
previously , at the request of the owners . He felt this was very
important that at the request of the owners the Town Board went
ahead and did this change .
Clw Walbridge - she did not think that the analogy is accurate
because when the Town Board changed the zone back it was a
✓ esidential area that had been put into a MA Zone . In fact , if
their house burned down they would be unable to build by the MA
✓ equirements . She does not see that as the issue here . She did
agree that the Board has done some changing back in the zoning ,
P ll 4l ,e dd
.s. a . �.•_
9 � l ` � . VILLAGE
II
.� , of DRYDEN
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; Q • A . tn .. INCORPORATED 1857 TOMPKINS COUNTY _
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..`f,a ! i 16 South Street •• Box 820 I 'r) i P N t3 V L. ~11
. Dryden , New York 13053 0820 ' iC I l f
H . (607) 844-8122 I1' _ _
Y ' 1 : ' , a NOV 26191,9
November. 20 , 1989 j ` •• • ~' — _ __..
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Town Board
Town of Dryden
65 East Main Street
Dryden , New York 13053
Re : MA Zone north of Village
Dear. Supervisor Schug and Members
of the Board :
I am writing this letter because I cannot personally be
present at your meeting on November. 28 , 1989 , when , I understand ,
there is to be a discussion as to whether or not to change the
zoning of the MA zone north of the Village to allow residential
development . Because of Thanksgiving , the Village Board of Trustees
III rescheduled its meeting also for the same night and that requires
my presence .
The Village continues to be opposed to the rezoning of the
MA zone to allow residential. development . This issue was raised
approximately three years ago when there was a similar request
by James Horton to be allowed to build apartments there . The
same objections which I voiced to the Town Board at that time
still are valid :
1 . The Village has supported the concept of the MA zone
1 north of. the Village . With there being only limited amounts
of commercially or industrially zoned areas left in the Village ,
it makes sense that development of the area immediately north
of the Village be encouraged for these purposes . I know that
the Town Planning Board spent considerable time and effort in
the establishment of this and other MA zones in the Town .
2 . We have already seen this area developing commercially .
Paul ' s Food Mart , Dryden Mutual Insurance , Contel , Ellis Office
Complex , Busy Bee , Tastee Treat , Oh Brien ' s , Tompkins County
Trust Company and A- 1 Pizzeria are all located in the zone and
are apparently prospering .
® 3 . To mix residential and commercial / industrial in the
same zone is leaving the Town open to future complaints about
the construction and operation of commercial and / or industrial
letter to Town Board
November 20 , 1989
I page 2
businesses from future residents . The common problem is that , e . g .
you have a business in the area . Residential builds up around
it and then the residents begin to object to the operations of
the business , even though it predates it . This is human nature
and the only effective way to preclude this is , as the Town has
already done , to plan in advance and to keep the two entirely
different and potentially adverse uses from developing in the same
zone .
4 . At the time that the Town requested the Village to service
the North Road Sewer District , the Village was given assurances
that the area would be zoned as to preclude residential growth .
This was pivotal because the Village , since the capacity at the
Sewer Plant was limited , was not willing to accept high volume
users . Residential use tends to be much greater than the use
from stores , offices and light industrial businesses .
5 . The contract for, the Sewer District permitted the Town
to connect the existing users , with a small additional allowance
for future construction . Since the tontract , Far View Apartments
have been added , along with Bell ' s Auto , Ellis Office Complex , and
Whitmore Fence . In addition , I understand that both Trailer Parks
want to expand for, additional units . I believe that the District
® is nearing full use of its additional capacity under its contract .
The Village certainly commends the Town on its foresight and
good planning in establishing this MA zone . It was creative and
helped to foster a good working relationship between the two
municipalities . The Village relied on promises made by the Town
which were kept . I believe it would be a mistake made by the Town
to now change the zoning when the whole concept is working and its
long range planning is beginning to see fruition .
Thank you .
Very truly yours ,
r^J
Michael E . Lane
Mayor,
ME: L :
cc : Board of. Trustees
Village Planning Board
Town Planning Board
Mr . Harry Missarian , Acting Commissioner of Planning
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(Please Use this Form for Filing your Local Law with the Secretary of Sete)
Text of law should be given as amended. Do not include matter bcins
eliminated and do nut use italics or underlining to Indicate new matter .
Ccasaaty
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flot
Villain
Local In 1Vo. _._.» »._5. ._...__ __._._.�...__ of the year 19 11.2.......
A Leal law ,» tab1 AI?ilLIZ the„ Town of X Dr d en U. ar
rP. ,€wgnr I.of... 444I,EIS�I
cIa ntw.l
lie it enacted by the .,,. Tawn, hoard » _ _ ,., of the
(Ms d I+et..Wl.. tn.a,)
Calmar
CAS of 1) SYSIe1:..._....
Town _..................... ........_»»._... ..........,...-.. ..,..._... . ....»... .........._...... ..._.. .... .... as follows :
Village*
IIIID
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1711f additional space is needed, please attach sheets of the satne size as this and number each )T"i
Page 1
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® 1. , This Local. Law is adopted pursuant to New York
Municipal Home Rule Law section 10 ( 1 ) ( ii ) ( a ) ( t ) and New York
Town Law section 32 ( 1 ) .
2 . There is hereby established the Town of Dryden
D epartment of Public Works ,
3 . The Department of Public Works shall be headed by
t he Town Superintendent of Highways .
4 , Such Superintendent shall be responsible for the
supervision and maintenance of the Town Water Districts ,
S ewer Districts and other improvement districts , Town Parks
and shall have such other duties as may be assigned to him
by the Town Hoard by resolution , which duties shall not be
inconsistent with law or be in diminution or impairment of
his statutory powers , duties and functions as the Town
H ighway Superintendent ,
5 . Expenses of supervision and maintenence of any
such districts over which the Superintendent of Public works
has responsibility shall be charged back to the appropriate
d istricts . Expenses of supervision and maintenancN of Town
Parks shall be charged back the appropriate general fund
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account . In no event shall Town highway funds or accounts
be charged for services or expenses which are properly
chargeable to such districts or parks as set forth herein .
5 . This Local Law shall take effect January 1 , 1990
u pon compliance with the applicable provisions of law
pertaining to the adoption of Local Laws .
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(Complete the codification In the paragraph which applies In thufiling. 111 thi . 14•.. u1 I. t. uod strike and der
matter therein which Is nob applicable. )
I . (Final adoption by Idea ) legislative body only . ) •
I hereby certify that the local law onnexcel hereto, designated .1 •. E . ' . . I Lev Nu. .....5.. ..
. . . ... . .f
WIZEN WI
of the ws of .... PrYsleta was duly passed by t he ... . . ,. ,7•Awn ISqu rd „ . , ,. , ,• , .. ... . . . . .
In . ...• .•I is . .• In . . • 110.111
aitinlfc
on November 28 , 19 89 in accondance with the applicable PI•ovi:a . d13 of law.
. ( Peonage by local legislative body with approval or no disapproval by F: lacii % e Chief Executive Office:r . .
or repuesage after disapproval . )
hereby certifythat Ise local law annexed hereto, JesiknluteJas LoraI law Nr• , of Iv . . ,, ,.
County
City
of the of was dilly passed by the .. .. ... ... . .. . .. .. . . . . ... . . .. ... . . . . .. . . ....... ... ... ...... . . . . ...
own
VI axe. Q. .... 01 1.. , ,. 1 . 1n . and
not disapproved
nn .. .. .... ..•...... . . 19 and was approved L} Iln• . .. . . .. . . .. .. .. . .
repassed after disapproval 1 :1 .. . . • • I . lud Gnu. i • • IAL. .. •
and was deemed t • ly adopted on 19. . , iu .It•. • .r.Luu :/ • with tin; applil ..Id .:
provisions of law.
3 . ( Final adoption by referee us. )
I hereby eetiifythat ill . ocal law annexed hereto. designate .la :. lr•e • : . 1 Lew Nei . I '.t
County
of the I .ny
of 'as duly passed by the .... ... .. .... . ... . . . . .. ..... . ... .. .. . .
Town Ir• 00o ,.1 I • . .•L• n • IINI , 1
Yillaxr. t disapprove)
on 19 and we • approved by the . •
•
repa : • ed niter disapproval fae.11 . . • :In . l % . . t me •• ull .. n
e'In 19 .... ... . Su I Iueiil law was submitted III Ih•• people : by rase< uci If 11
mandatary
flail113SIVe rC ( • n.lU(I1 , nod receIved the affirmative Ire of n nit, �. .I'IIy . . f the qll •' • r1 • -•I urb• rII •rS V. atiI
general
thereon at the specirel election held on 19 . . .. , . , 111 a • rnrniietlre with II..r alipll -
annual
cable provisions of law .
4 . ( Subject to permissive referendum , and final adoption beeuusc a. , v , . Ii, pet it loll Ii led requrstlnl;
referendum . )
hereby certify that the local law annexed hereto, designated as It • ' .II le w N. . . . . .. . ... . . . .. ... of 1 ') .. . ,. . . .
County
of the City of was duly passed by the . .
Town
ale
t:. •m• a, L. . .. I . . , • I6. 1, l
Yillal(e; not disapproved
19 and was approved ley Ill. •
repassed after disapproval I In • , • • . .n, . l 1 • . 1 .11 •.n
19 • Such local law being subj , • • ' 1 IV . I Lake iN •otc n 'fcrl ' ll Ohl and I ,. ,
valid petition requesting such referendum having been filed, said h •. •:d I : r.. %. .• s , Ironeel duly in to 1 .11
19 In accordance with ill.` ;epl . 11 : ably prof isiI .tlr of 131% .
•Feels Chief E 'retake Officer mearu or includes the chief executive officer of a count ) elected on . rouserywidr tows
Of, if tiles be noes , lb. chairman of the county le illative body, the mayor of a city an vilJagt in slit supervise. of • rose ,
wham oath officer is rusted ebb power to sppnns of veto local laws of ordinances.
Page 2
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® + • Ice ' local low concerning Charter revision proposed by petition. )
• cby certify that tho local low annexed hereto, designated us Iocul low N'o. . . ..... . ... .. . .. . .. .
of the City of laving been sub/nitwit to referendum pursuant to the
provisions of 6 37 of 1 • 'unicipal Il�tne Rule Law. and having received the affirmative vote of it majority
of tho qualified electors of such et oting thereon at the special election Lulu on
general
19 became operative. .
•
. 6 . (County local law concerning adoption of Chatter. )
I hereby certify that the local law annexed hereto. de rated a% l .uc ;tl Law Ni) of 19 of the
County of , State of New York, Navin . ems submittal to the Elector at the
/ General Election of November 19 , pursuant to subdivisio . anti 7 of Suction 33 of Ilse Alwn •
cipal Home Rule Law, and having received the affirmative vote of a mujorit • the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of • towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed , piratic provide ansuppruprluto
certification. )
11;;7" ( fuhher certify that I have compared the preceding local law with lire original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original ltw: ul law , rind was
finally adopted in the manner indicated in paragraph I above ,
CUM or the County Iynl•si.t body. City, l uv Vtngo a us
alien dottpr.tod by Leal towala body
Date: November 28. 1989
(Seal)
( Certification to be executed by County Attorney , Corporation Counsel , 'town Alluring. , Villsgo Attorney
or other authorised Attorney of locality. )
STATE OF NEW YORK
COUNTY OF Tom PKINS
I, the undersigned, hereby certify that the foregoing local law c:oot .iiu ., tbt: roamer text and that sill
proper proceedings have been had or taken fur the enactment of the Inr41 Inw annexed hereto.
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ski nuts
T4-16:111 At Gurney
Date : November 28 , 1989 tsoantyc
Qxcgc of .. ..Itryilen
Town
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YtNage
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11 - 28 - 89 page 5
but the other was a real correction of an error . This hearing is
not a correction of an error . She thought the Board would like to
® go into more long range and do it in the general sphere . This is
not a minor correction and has to many consequences .
CORRESPONDENCE
Copy of letter from Village of Dryden regarding change in MA Zone
to RD Zane north of the Village of Dryden in minute book .
Closed public hearing
RESOLUTION 0269 ADOPT LOCAL LAW 4$ 5 - 1989
Clrn Hatfield offered the following resolution and asked for its
adoption : ( copy of Local Law in minute book )
E nd Clw Walbridge Roll Call vote - all voting Yes
RESOLUTION 0270 AMEND ZONING ORDINANCE TO
^ CHANGE THE MA ZONE BACK TO RD ZONE
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board amend the zooming ordinance . The
area to be effected by such change is described as follows : All
that tract or parcel of land situate in the Town of Dryden ,
County of Tompkins and State of New York bounded on the South by
the North line of the Village of Dryden ; can the West by the west
line of lands of Dryden Central Sch0c0l ( being the westernmost
® boundary of the Cortland Road Sewer District ) ; on the North by
Mott Road ; and on the East by North Road thence South to New York
S tate Route 13 to the North line of the Village of Dryden .
2nd Clm Hatfield Roll call vote -
Clm Garlock Yes
Clm Hatfield Yes
Clw Walbridge No
Clm Evans No
Supv Schug No
S CHEDULED MEETINGS
S ite Plan Review - Dryden Mutual and Hi Speed Check Weigher
December 21st at 6 : 30PM
There was discussion to consider the passibility of installing a
street light at the intersection of Rt 13 and Hanshaw Rd
Adjourned : 7 : 30PM
Susanne Lloyd •
Town Clerk