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HomeMy WebLinkAbout1990-07-24 TOWN BOARD MEETING PUBLIC HEARING SPECIAL PERMIT -- AMOS BROWN JR JULY 24 , 1990 S upv Schug - read the notice that was published in the newspaper t o consider the application of Amos Brown Jr to opera and operate an auto salvage yard at 129 Bone Plain Rd . ( copy of notice in minute book ) Q UESTIONS AND / OR COMMENTS L etter from Gilman Dedrick opposing this special permit ( copy of letter in minute book ) Amos Brown Jr - wanted a place locally where people could get car parts and a place for people to have there junk cars taken since there is a town ordinance against unlicensed cars C l rn Corrigan -- wanted to know how many cars would be located there at any given time , and where would they be located on the . property . Ames Brown Jr - he would estimate about 200 cars , and they would be located down in the back of the property because he has now put in a road so you can get there and it would be behind a fence . 4 Clrn Walbridge - in a letter to the town beard you state that the improvements that you would like to make in the future would be to have the road paved , a shed for parts and a fenced in area away from the pad . You will be able to use the back fields as soon as you get a read there and develop an area for the crusher . What are you going to do right now if we gave you a permit to access the back fields and you can ' t go down into the lower f ields without a road . Amos Brown Jr - he has put $ 800 . 00 worth of stone there now for a road and he has installed 280 feet of fencing . He has to generate some cash before he can do some of these things . If he gets the permit he plans on having a building to stare car parts in for resale . B ertha Deberardinis - the pad for the crusher is the first thing that has to be done and the building would be the last thing to consider . They are working on the road and they have a permit for a trailer to stare the parts . There will be a fence around the area so that you can put cars there that they tow in from the h ighway . There has to be a separate space for the dismantled cars and a separate place for cars that are towed off the road until they receive the title to the car . ® Steve Eaton , 121 Bone Plain Rd - was opposed to this application because of increase in traffic , property value will go down , t here are a lot of small children in the area and where this property is located i s very wet . Ithaca Journal News 123 W . State Street Ithaca , New York Attn : Donna Cart' , Legal Ads PLEASE PUBLISH the following LEGAL NOTICE no later than WEDNESDAY July 19th , 1990 and bill the Town of Dryden . PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will conduct a public hearing to consider a Special Permit application of Ames Brown Jr . , owner operator of , " Punk ' s Auto Repair " , of 514 W . Dryden Road to open and operate a Auto Salvage Yard at or about 129 Bone Plain Road Freeville , New York . SAID HEARING will be held on TUESDAY July 24th , 199C1 at 7 : 15 P . M . at the Dryden Town Hall 65 E . Main Street Dryden , New York at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent . DATED : July 11TH , 1991. Henry M . Slater Zoning Officer ® Town of Dryden 411 a? TN7 - 24 - 90 page li Ames Brown Jr . - he lives on the West Dryden Rd and if the business is done properly , a business will be more valuable then your house what you live i n . I f he can get a $ 200 , 000 . 00 business n ext door he did not think that would decrease his property ✓ alue . B ertha Deberardinis - is an accountant and a bookkeeper and she takes care of 9 different junk yards . If it is done suffic.iently and right the property in the area has increased and not d ecreased . You might call it a junk yard but you can ' t see anything because everything is behind a fence . No individual can w alk on the property and go behind the fence because it is totally secure . There will be lights there to make sure no one is o ut there at night . As far as down back it is private property and is pasted so that no one should be on the property . Amos Brown Jr -- there were close to 200 cars down in back and no o ne knew they were there . G erry Freelove , 362 Bone Plain Rd - when you drive by all you could see were the cars that were up front and this was due to mother nature with all of the rain and all of the cars that were there was because they were cleaning up West Dryden . Clm Corrigan - there will be mother nature next year and in the application it states that there will be no storage of vehicles o utside of the fence for any prolonged periods of time . The only t ime they could foresee the drop of vehicles on the outside of t he fence would be by the public to dispose of or by the weather w hich would stop them from going into their back field . B ertha Deberardinis - this is what they are working on now by going in with the bulldozer and fixing it . At the time of the proposal we could not write it up and say that they had it done , but they are working on the roads . Clm Corrigan - was interested in what prolonged met , a couple of d ays a week ? B ertha Deberardinis - if they closed on Sunday and someone drops a car off without their permission , Monday the car would be behind the fence . Everything has to have permission to be dropped there . They can not have a car on the lot unless they have the paperwork to go with it because there are stiff penalties and f ines if they do . They plan to run the business from 8AM to 8PM which would be feasible for a junk yard since racist of the individuals work until 5PM . The only thing that would be in the back lot would be the shells of * the cars , things that the crusher would take . The parts would all be in a locked shed . They can not start any proposals with the bank until they get a building r. permit . t X30 TB7 -- 24 - 9C' page 3 They plan on a building of 150 ' by 2O0 ' so there will be office space available and storage space for the car parts . There should be no reason why anything should be setting outside of the fence u nless they went for a dealers license and then, there would only be a few cars on the outside . Those carts would not be considered as junk . ? ? ? ? - he owns property next door and is opposed to this application , because there will be an increase of traffic on the ✓ oad . B ob Putney , 120 'Pone Plain Rd . he plans on selling his place in a year or two and he does not want someone to have a junk yard across the road especially what happened a few months age and there is nothing to say that it will be that way again . There is a junk yard that the town his given a permit to and that is where it should be , why do you need another one . This is only going to create more traffic and more hazard with being in and out of there night and day , and light shinning in his house . Amos Drown Jr - who ever is in there at night he does not know and wished that the neighbors wvi_ii.rld call him if they did not want to call the law . B ertha De berard i n i s - there will be security there and locked so that no one can get I_If the property and there will also be a guard dog . E ugene Madsen , E: 89 Bone Plain Rd - he felt that the first issue is whether, or rot it is appropriate , regardless of how it is implemented . If it is which he doubts because it is a detriment to the neighborhood , traffic , noise , and speeding cars . He thought there were plenty of facilities in the county or nearby so that it is not going to be a benefit at all to the nearby n eighborhood but a detriment . If this application is approved w ill it he implemented properly . Based on the history of this site during the last year or two there is no environmental ✓ eason to believe what they have put down on paper seems logical and feasible that it will be implemented properly . Amos Brown Jr -° the State has been to this property site and they have found nothing wrong _ Ralph Shoemaker , 140 Boone Plain Rd - lives across the road from this proposed site . He was not sure if it was on record or net , but his mother had passed a petition in the past against three d ifferent attempts to establish a junk yard . He agrees with Mr . P utney and Mr . Madsen that the junk yard has not been run property and he sees their concern because the business was ran all hours of the day and night as that you can ' t get any steep . This has been going on ; i nee back in the 70 ' s . The people in the area do not want this junk yard them , John hainipar was given permission to run a ,junk. yard . a July 19 , 1990 Henry Slater Zoning Officer Town of Dryden 65 East Main Street Dryden , NY 13053 Dear Mr . Slater : • 'dank you for your notice of a Public Hearing regarding a special permit for an auto salvage yard at 129 Bone Plain Rd . , Freeville . Unfortunately , 'I will not be able to travel from Minnesota to New York State on that date . It is my hope that you will read the following into the record of the hearing for me . For the past 35 years in my work position I have traveled to every state in the Union , every province in Canada , plus most of Mexico . I believe I can state without hesitation that in all those years I have never seen an auto Q salvage yard anywhere that has added anything of value to the local environ - ment or land values that are near such a site . Without question their record o f destroying their values remains firmly intact . Despite the highway beautification laws stimulated by Lady Bird Johnson in the late 1960 and 1970 ' s , despite the laws put on the books by the environ - mental groups of the 1980 ' s , auto salvage yards remain a curse upon the land . To allow an auto salvage yard to be placed in possibly one of the last great ✓ aw land sites of the township , in an area of placid rural living and solitude , in an area of excellent ground water and established wi. ld life habitat , is totally unj ustified . Furthermore , in the light of recent government budget cuts I: place no great faith . in a once per year inspection of these auto salvage sites by state or local regulators ever accomplishes the role of protector of the public in - t erest . Most specially after all sorts of gas , oil and other flelid emissions from junk cars leak into the • soil . It is almost as if an anti -environmental vender a is being carried out against t he hard working people of Wrest Dryden , first the dump and now the auto sal - vage yard . [ ur e the township not to allow the special permit . Cor ially your - j i 4 �� ?. • 12 3 Parkwood Drive Burnsville , MN 55'337 l 3i Tei7 - 4 - 9c) page 4 ® Amos Brown Jr . a Ray Dennis did run a junk yard back in the 60 ' s and he is talking about having in done in a legal way and run it as a business with the cooperation from all of the neighbors . He is not trying to make your houses worse . As long as Ray Dennis can prove that he was in business before 1968 the State can give h im a license . Bertha Deberardinis - that is true and Ray Dennis did have a junk yard there and was practicing it . Robert Deberardinis - all we are asking for is something that is n eeded in the town . You don ' t like j .ink cars on the lawn and if they are put behind the fence you can not see them . This is all we are asking for is to keep it clean and run it correctly . D ave Christie , 227 Bone Plain Rd - would like to go on record as being opposed to this junk yard application because it is a rural ✓ esidential area there . Also based on the history of the way it has been run previously and the site itself is wet and they admit that it is wet . He could not believe that they could put gravel o ut there fo_or, 200 cars and be able to get at them . They did not comply with the time limit of getting the cars out even after t hey made a verbal deal . The fact that we had to take extra measures to get it cleaned up and they didn ' t meet the deadline they said they were going to meet regardless of the weather . ® Based on the application they admit cars will be " temporarily " stored in front of the fence until they get title to them and a w ay to get rid of the parts . Temporarily t irne frame that they h ave seen is 6 months , or 3 months with oil , hydraulic fluid and radiator fluid dripping and is just a mess . They do not want to see it there . Andy Moerlein has been to the board meetings before and it totally against it . They were dragging the cars in there all hours of the day and night and you would find pieces of tail pipes , fenders , bumpers etc along the side of the road or in the d itch . It is a dirty and noisy offensive operation and the people t hat 1 ive along that read do not want it . They have not wanted it for as long as it has gone on illegally and they do not want it now to be cloaked in some wooden stockade fence . He has had no problem with getting other people to provide this type of service . E rica Evans , 49 Turkey Hill Rd - even though she does not live on B one Plain Rd she is very opposed to have an auto salvage yard in the Town of Dryden . She is also wondering if it was against the zoning rule and Henry made a deal for this man to tow cars to this place to be crushed , what gave him the authority . Supv Schug - this has been covered at a previous meeting and the cars are out of there although l at e . He was served notice that he would have to pay fines if he did not get it done , but he should have had a permit to do it . 3 ■ TB7 - 24 - 90 page Sharon Buechel , 88 Bore Plain Rd - • gave the board members pictures that she had taken in March to show them the condition o f the property . Her family is apposed to this application because of the noise , traffic , junk cars in the yard and in the road , tow trucks bringing cars in all hours of the day and night , and excessive speed . This is not going to help the neighborhood and when the crusher was there it was very noisy and they do not w ant to have to deal with this . Amos Brown Jr . - he would 1 ike to continue picking up cars in the Town of Dryden free of charge . His yard is filled with cars and h e would like to get them out of there . He agrees with everyone h ere because he doesn ' t like his door yard looking like a junk yard and he doesn ' t want to do anything to damage these residents property . If something did fall off the cars they were towing they went back and picked it up . He can not invest any more of h is money unless he can get a permit to run a legitimate business . S upv Schug - wanted to know who awns the property and who lives in the house ? Ray Dennis - he awns the house , but does not live there . His son is staying there at the present time . He would be leasing the (� property to Amos Brown Jr . `- Supv Schug - you would be leasing the property and not living there to maintain the hours of operation . There is no one on the site to keep track of what is going on there ? Amos Brown Jr - no there is not . S upv Schug - in other words it is an absentee landlord . B ertha Deberardinis - not once they are licensed . The cars there n ow belong to Ray Dennis and then people brought cars in from the Town of Dryden who wanted to get rid of them . Amos plans on building an office there and maintaining it from 8AM to 8PM and there will always be someone on the premises . More than likely they will have a guard dog down in back , and they are vicious and they are trained so that they do not leave the premises . S upv Schug - you have a fence in the front , but will there be a f ence in the back to keep the children out Bertha Deberardinis - no , there is a lot of natural buck growth . ? ? ? ? - there is a half mile of swamp and the next road over is West Dryden Rd . ® 27 2 ? .. . wanted to know who was going to monitor this operation and w hat is the Board ' s position on this . Are you just going to give them a permit . TB7 - E4 - 90 page 6 Bertha Deberardinis - not only do the neighbors monitor the o peration but New Y - rk. State does . Clrra Walbridge - assumed that both Henry and Clint would monitor as to what is going along the side of the road . If the Board does grant a permit and it i5 not followed was sure that Henry would check on that also . Normally when special permits are given there u sually are hours specified . Supv Schug - if Mr . Brown Jr . doer, receive the permit he hopes that there is a tremendous amount of work in reading the nr° dinance that has to be followed . It is not just the matter; of bringing in a car and crushing it . There is a lot of control , oil has to be drained and handled by EPA standards , transmission fluid # batteries , tires . Amos Brown Jr . - he has been in business with his brother and father who own a junk yard in Schuyler County . DEC is checking on h ire and the State person was there at his place this week . Bertha Deberardinis -- there are two sets of fences that have to be put up . One for storage for vehicles that are being towed that would not belong to Mr . Brown and are not going to be titled over to him , this would be behind the existing fence . Behind the second fierce there w i l l be a concrete pad with a drum in the ground for any oil drainage where the cars will be placed on this pad and stripped , Nothing will be seen on the outside of the fence other than the soles areal which is a storage building at this point . They pl an on building a $ 20 , 000 or $ 30 , 000 building once they get their permit to put the parts and material in and office space . There will be no junk cars sitting in the front part of the yard . ? ? ? ? -- wanted to know if there would be a big sign out front and lights ? Bertha Deberardinis - the town has to approve of the size sign they can have . ArrlQS Brown Jr . -° some people are against yard lights , but personally he wants to know what tr he is shooting at and be able t o see what is out in the yard . Some people ':' n the Bone Plain Rd are o pposed to yard ' lights . Robert Deberardinis - are far as the lighting goes , they are not trying to have a business that will not let people sleep , they are trying to make a living , To make a living you have to have your customer base happy . If you can not kRep the neighbors happy you will tell their customer base not to come to them , Sc d efinitely if the light is shinning near your bedroom and you ask us to change the direction of the light they will be more than h appy to . This is the purpose of the public hearing to make e veryone happy and to make it legal . We can see that it was done improperly in the past . L( Tw7 - 4 - s .:' page 7 Ralph Shoemaker - he wants to go on record as being opposed because it is a rural road and the road is not big enough to handle the flux of traffic that is griming to be on it and there are a lot of children in the area . Also in that area of 140 Bone P lain Rd there is quick sand and a lot of swampy area and he strongly feels this will get into the Nater table . D ave Christie - the idea that it is going to be a little oil is ✓ eally misleading . If y ';' u figure that every car that comes in there is going to have between 4 and S qts of oil , 40 to 34 gallons of ga ! 4 1 gallon of transmission fluid and engine coolant , You airi air now talking about things that the present landfill will not take , and technically classified as hazardous w aste . We are going to basically trust someone who has been a f lagrant v i o l at er of the town ordinance and every other ordinance ✓ elated to the disposition of these cars to take pant care of that waste . teased on what has gone on in the past he is not going to . You can put up a fence } but the fact is most of those cars are going to leak oil , gas and transmission fluid in the process o f being taken apart . It is very easy to ignore the fact that you have to collect that fluid and it goes into the ground . As a n earby resident there are other opportunities and possibilities f or people to deal with their ,junk cars , we do not need a place like that in West Dryden . Robert Deberard i n i s -.- that is one reason why the State asks for a title to every car to keep track of the volume of fluids . DEE knows on an average how much fluid is in a car and that is why they come and oversee the operation every so often _ Dave Christie - once you hare permitted a place like that ✓ iolations can go an and on before the thing is ever, stopped . B ertha Deberardiais - they hare to compky with all of the state ✓ egulations all through the year . S haron Buechel °- regarding the fluid question , she dial not care h ow many times you came to check. , it only takes are time for it to get into the ground water and water table and at that time it is to late . She did not want to take that chance because she has to live there . E ugene Madsen - the question is should there be another wrecking o peration on West Dryden Rd and is it going to help the Town of U rydea and the reeidenta in that area or is it going to be a d etriment . Most of the residents in the room feel that it is not going to be beneficial . E rica Evans - as a resident of the Town of Dryden she thought that you should use the caning law better to bring in better; business is not junk yards , / TB7 - 24- 9O page 8 7 . 0 . Slater - DEC , 19' rny Corp of Engineers and Tompkins County P lanning Dept have been presented with this proposal and they h ave been giv sn 30 days to respond to the T 'o' wn of Dryden and they h ave not responded at this time . The deadline does not end until August 12th . S upv SchLtg - then the Uoard can not take any action until after Aug 12th and the other agencies have responded . • ftty Perkins -° you are talking about the SEOR and other involved agencies agenciecr, so no determination has been made about who is going to be the Lead Agency and the Board can ' t make a determination on the special permit until they have reviewed the SEOR application P art I and Part II of the CCU' . Robert bebevard i r i s - wanted to know if there was a copy of a ,junk yard ordinance and where they are allowed . At t y Perkins - the purpose of this hearing is to act on the application for a special permit . This is an allowed use with a special permit and a special permit can only be granted after a public hearing . After the Town Board makes certain determinations as set forth in Article 13 of the town zoning ordinance . Before the Town can make those determinations it must complete the e nvironmental assessment review . Mince there are other involved agencies there will be no coordinated review until the Lead Agency has been determined . The Town Board can qa ahead and for your own purpose have uncoordinated review and you can review the S hirt form that you have and the applicant would be at the mercy o f going though another 88118 review with another involved agency . This decision is up the the board members , and it will n ot be a coordinated review . The board determination will not be binding upon any other involved agency . As of right now there is n o Lead Agency . If DEC decides to do another review this review conducted by this board will not be binding on anyone else . Robert Deberard i n i s -'- assuming all of the agencies review come hack in the positive , what criteria as her as the Town of Dryden is concerned would keep you from issuing the permit . e tt2 Perkins -- first of all you will have to go over the e nvironmental review Part I and hart II of the hhF . The board has to decide whether or not they are going to do that aari their own tonight and not have coordinated review and input from other involved agencies or whether they are going to wait and determine who is going to be the Lead Agency and then have coordinated ✓ eview . Once the environmental form has been completed and approved the decision has to be made whether or not an environmental impact statement has to be prepared . 1 f this is not to be prepared and there is determination ion that there is no • significant env i ronment a l impact then the board can approach the question of the Article 13 special permit refuireeentt but this can4 t be done until the environmental review has been completed _ r TB7 - 2 # -9O page J Richard Free l ove , 362 Bone Plain Rd - there his been a junk yard there for 25 years . All these people that are complaining are people who have moved there in the last few years . They knew there was a junk yard there when they bought the property and new they start complaining . As far as the traffic on the road there is no more traffic on that road as when the dump was located there . HE does not understand why this man can not get a license and get it over with . Hu ha % been trying to get a license for E years that he knows of and now the man is trying to improve the property and get a license and 10 people come and complain about it and the 2, 00 people that towed the cars in there ( that is 300 cars that are not in the Town of Dryden anymore ) are not here . There must be ; bb people out there that want a junk yard because they called the man to come and pick them up . Where are they tonight , he d ':' es not understand it you have 10 people here tonight complaining that they do not want a junk yaard . but there are 300 people who called hire to spick the cars up free of charge • to have them toed away . He is licensed by DEC and the State of N ew York , by the federal , by the taxes , by the income taxes , land and school taxes . If they put $ 100 , 000 . 00 worth of property on there y '_" u have to tax them for $ 100 , 000 . 00 right now the taxes are small . Right now these people here are not even being taxed w hat he is being taxed . If they are worried about their property ✓ alue going down , there was a junk yard there with 300 car' s when he received a notice in the mail that his taxes went up 3 times what they are worth . So the junk yard will not effect them . eiVr h im the license and get it over with and then you can control h im . If the Bien dives do what you require him to do than you can ✓ evoke it . He does not know why it is so hard for a man to get a license to make a living . Closed public hearing The Town Board went over the EAT' form . Cla Walbridge .Y questioned A Site Description - # k total acreage of project area hb acres and then approximate acreage of meadow o r brush land is all 20 acres . She has listened to people talk about what sounds like wetlands and what sounds like forest . She w ould like that clarified . Ray Dennis - there is a lot of buck brush down in the back and they plan on clearing it away as they go . They have put the reads in and the knoll in on the hill . They have some other land they plan to clear . They are not going to do anything with the forest and was not sure how many acres that would be . Bertha beberardinia - thene will not be any forest in the leased land _ 127 ;7 T87 -° 24 -90 page 10 upv Schug - wanted to know if the 20 acres of land was going to be leased according to the map there is only 23 acres . Ray Dennis - when he put the 20 acres in he did not include the forest and Amos understood that . C i m Walbridge - so you will l lease 20 acres and no forest . B ertha Deberardinis - there is no lease at this tune , it will be based on what property is going to be allowed to be used . Clrn Walbridge - the board is going to have a hard time approving the environmental form because is states acreage and what the acreage consists of , You are going to have to let us know whether the land you intend to lease to him has the forest in it or not , soy that it can be filled out accurately . B ertha Deberardinis - when they filled the form out they went to t he court house with Mr . Dennis and later got the . sop of the d imensions of the property . They were under the assumption that t here was more property when this form was filled out and they were going to lease 20 acres . The fore had already been seat to the hoard members and they did not change the 20 acres . He is not leasing the 20 acres because there is a house that ' belongs on the property and 4 acres that will not be included in the lease . kitty Perkins -- how many acres is the project site ? B ertha Deberardinis - she thcoutht about 10 or 11 acres . She has been down in back and it is no 20 acres to be used . h im Walbridge - - is Mr . Brown going to have 20 acres of which he psee 10 acres or is he ,just going to have if acres ? Bertha Deberardinis - she would any Mr . Brown would be leasing • approximately 11 acres . P ie Walbridge - is there any forest in that 11 acres based or w hat was mentioned of being a very wet nature B ertha Deberardinis dinie - it is buck growth and not forest . Ray Dennis -° where he has kept the cars he has always been able to drive to all the time except when they came in with the big machine and got stuck . B ertha Deberardinis - they plan on putting in more trees and shrubs on the property _ Clm Walbridge °- question # 3 what is predominant soil type on project sine ? a ) soil drainage .'. wanted to know how much of the land was wet ? The questions is answered 100 h well drained and she finds that hard to believe since you can ' t get the cars out o f there when it rains . She does not think that it is well drained . 3e TB7 - 4-- 9Q page 11 Bertha Deberardinis - it is all on a knoll, that would be used . CLri Walbridge °- you will have to look at the soil types before q uestion 43 can be answered , Everyone has stated that a lot of cars can not get out of there when it rains hard so that does not come under her definition of well drained if you can ' t move things out of there . B ertha Deberardinis - prior to Amos Brown putting a road in there you could not get in and out of there . Clm Walbridge - what she is saying is that the site is not 100% w ell drained and if you say it is she wants soil maps to prove to her that it is well drained . It sounds like e certain amount of the lard is poorly drained , a certain amount is moderately d rained and maybe some of it is wall drained and that is not what she has been hearing . Bertha Deberardinis - when she was filling out the fin m she answered it as to where the cars would be located r_on the property . Clm Walbridge - it is the whole site that he is going to be leasing . If you have any wetlands there , and certain plant types there then it would be considered a small wetland . The board changed the answer to question 42 to 11 acres and they are going to need a better answer for question # 3 before they can make a decision . S upv Schug - the entire 11 acres is meadow and brush B ertha Deberardinis - it was , but now it is roadways . C 'lnr Walbridge - # 2 road , buildings and other paved surfaces . A gravel road isn ' t considered paved . You obviously have some roads o n the property y and you need to tell us how much in terms of acreage which is not answered . Atty Perkins - they need to complete this form with better information . Clm Wa 1 br^ i d ge - question * 5 - approximate percentage of proposed project site with slopes . YOU answered !O % is 15 % or greater , is this in the old 20 acres or is it in the 11 acres ? B ertha Deberardinis - it is in the 11 acres . Clm Walbridge -° so how much is 0 to 10g and how much is 10 to 15 % ? Supv Schuq - for make a proper determination the gentleman who o wns the . property nd the gentleman who is going to lease the 137 • TB7- • 4 - 'O page 12 property should have a better sketch of the property that is going to be used b ecause it looks like you are going to lease all o f the 23 acres . If there is only going to be 11 acres used it o hould be surveyed so the person who is going to lease the land will know where the property is located to be used and the owner will know the property that is not going to be used . Bertha Deb ' ardinis - this is something that Amos is intending to d o . There is no reason to have it .. surveyed before he nets the permit _ fit t y Perkins I. in order to properly present your application you can not skip any step , you have to do it correctly . L ertha Deberardinis -- Ames does want to have it surveyed because he wants to eventually purchase the property . • Clm Walbridge - the board needs to know where the 11 acres are located on the 23 acre parcel . Atty Perkins - even if it is not a survey it should at least be a sketch to scale which would be required on the construction permit . Clm Walbridge - question # 9 is site located over a primary , principal , or sole source aquifer ? In West Dryden due to the DR7 there has been Sciffle inclination that there has been an aquifer there . S upv Sch '.tg asked the neighbors if the water table was 8 to 10 feet . ? ? ? ? - he would say about 5 feet because the basement in his house is always wet _ Ray Dennis , he has never had to use a sump pump and his cellar is b feet deep . Clm Walbridge - he should check with the DR7 people because there has been a lot of talk regarding the aquifer . Clm Walbridge - question # 10 should be answered yes do hunting , f ishing opp - rt un i t i es presently exist in the project area . ✓ im Walbridge � question # 11 does project site contain any species of plant or animal life that is identified as threatened o r endangered . It will depend upon the wetland area . Putty Perkins - they can check with the County Environmental Management Counci 1 with respect to question # 11 does project site contain any species of plant or animal life that is identified as threatened or endangered ? Also quest ion # I2 arm there any unique o r unusual land forms on the project site ? ( i . e . cliffs , dunes / o ther geological formations ) TB I -- 24 - SO page 1. 3 Supv Schug - if the answer is no to question # 11 there should be a persons name there with some credentials . Supv Schug - question # 13 is the project site presently used by the community or neighborhood as an open space or recreation area ? B ertha Deberardinis -- it is only used for the .junk cars the answer would be no , Clni Walbridge - does the present site include scenic views known to be important t o the community ? Answer is no Clni Walbridge - question # 15 streams within or contiguous to project area ? Does the wetland go to a tributary into a stream ? The question has been answered no and felt that it should be n amed what is contiguous , It was decided that the tributary would be M i l l Creek , Clrn Walbridge - question 015 lakes , ponds , wetland areas within o r contiguous to project area . You need to find out whet kind of w etland area the neighbors are talking about . Ralph Shoemaker - has lived in the area for 4 years and there h asn ' t been a time when they have had a heavy rain that their sral1ar has not been flooded and the area around there is full of swamps . Clm Walbridge - we need to have information regarding the wetland area . Question # 17 is the site served by existing public u tilities ? You have answered yes . B ertha beberar°Minis ma the answer should be no because when they first took it they assumed these was a little more property and there were utilities . The utilities lines are there and they intend to get service . bie Walbridge - question ## 18 is the site located in an ag district certified pursuant to hg ec Markets Law , Article 25 -AR , S ection 343 and 304 ? You have answered no . in the site located in or contiguous to or critical environmental area ? Ralph Shoemaker - would say that the beaver dam would eventually go into hill Creek and eventually ball Creek , h im Walbridge - question # 1d is the site located in or substantially contiguous to a Critical Environmental Area d esignated pursuant to Article b of the Ea . , and 6 hYhhh dirt S hould be answered yes . bluest i -. r. # 20 has the site ever been used for the disposal of solid or hazardous wastes ? You have answered ,1/ TU7 - 24 - 9c) page 14 Supv Sch ug - has oil from cars and transmission fluid ever leaked o ut since there has been cars there for 20 years , and are they considered hazardous waste . Ray Dennis - he has never poured oil on the ground if that is what you are talking about , but there has been cars there for • years . B ertha Debera, rdinis - DEC checks on that to make sure there is no leakage or spillage because it all has to be accounted for . [vl m Walbridge T Under B . Project Description - question # 1 total contiguous acreage owned or controlled by project sponsor . The answer should be 11 ores ; question b . is 1i acres and question c . is 0 acres ; question d . lengthy of project in miles is not appropriate ; question e . answer noon ; question f . number of o ff - street parking spaces existing s and proposed 10 . Wanted to know if this malls under the zoning ordinance for the appropriate number . Z . D . Slater - did not think that the use is specified S upv Schi.i. g - if they built a building than that answer would change . C l m Walbridge - question g . maximum vehicular trips generated per h our - 2 to 6 upon completion of the project ? This is per hour . Gluestion h if residential number avid type of housing units ? Bone because the house has been taken out of the application and leased land . So there is no proposed structure even though when you fill this out again there will be a structure in there . Q uest ion j -.- linear feet of frontage along a public thoroughfare project will occupy is Z75 , but if you are 'taking out the house it would be 200 feet . Question # 2 how much natural material ( i , e _ rock , earth , etc ) w i l l be removed from the site ? The answer is none but you state that you will be taking down brush . B ertha Deberar"dinis - the only thing will be brush and overgrowth . Cln1 Walbridge - question # 3 will disturbed acres be reclaimed ? D oes taking down trees and brush cause necessity to reclaim ? Answer would be no . Ray Dennis - what they are clearing he would like to clear out anyway because there is to much brush there . Atty Perkins -- question # 3 b . will tc' psoi l be stockpiled for reclamation ? Answer would be no . rim Walbridge I-- question # 4 how many acres of vegetation will be removed from the site . Yi;ii.t have written down not any more then what is in the 11 acres , but she wanted to know the acreage . • TB7 - E4- 90 page 15 Bertha Deberardinis - the road frontage has been cleared out and paryt� cif ythe back property and they do not plan on taking down any more trees . C l rn Walbridge -- question # 5 w i l l any mature forest { over 100 years old ) be removed by this pr - j ect . Answered no . 'Question # E if single phase project anticipated period of construction . You h ave answered there will not be any construction . Bertha Deberardinis wa at this time no , there will not be any construction until this permit has been approved . We can ' t give your a length of time until they receive the approval from the board . Clm Walbridge - she is asking how much construction work do you h ave left to do to get the junk yard operating . There will be no more roadways or construction Robert IDeberar" d i n i s - aL far as the roadways no because they are in place and the fence is up , They are trying to do one step at a time . Bertha Deberardinis -a they have applied for a special permit to allow a trailer there for their parts building and office . C1m Walbridge °- this is a several phase project and it is being treated as a single phase project , because they plan on building a commercial building and a pad for the cars to be stripped and w anted to know how it could be made accurate . $4tty Perkins - you would have to answer the questions the best way ya '.t can and the best ,judgement based an the knowledge that you have at the present time . Robert Deberardinis - at the present time they don ' t need to construct anything . bertha Deberardinis - the one thing that has to he gut in once they get the approval of the board and New York State licensing is the pad for the cars when they are stripped and the tank that goes in the ground . This is one thing thai has to be finished and there is no need far putting that in the ground at this point and disturbing the property unless the permit is approved . Pupa Schug - wanted to know how the oil and fluids were removed from the 200 care that was .just done ? B ertha Deberardinis - the crusher has a pan inside of the vehicle , and they were checked on while it was being done . Cls Walbridge - huaaticn # '7 if it is a multi phase project is answered no . Question #d will blasting occur during construction , answered no . G± eaai urn Pd number of .jobs generated during construction and after project is campletead , /C T87 - 2 4- 90 page 16 Bertha Deberardinis - they will be locking for between 10 and 14 e mployees , answered 10 employees . Clm Walbridge - question ## 10 number of jabs eliminated by this project answered none . Question # 11 w i l l project require relocation of any projects or facilities , answered no . Question # 12 is surface liquid waste disposal involved answered no and was wandering is car oil , transmission fluid and coolant came under . Robert Deberardinis - it would all be self contained because the cars would be driven onto the pad and everything would be drained into tanks . G eorge Schlecht - thought that question would be referring to surface and subsurface disposal . Subsurface disposal would be f rom a tile field and domestic situation and surface disposal would be a lagoon or a sewage treatment plant like the village would discharge into a lake or a stream . He thought the answer would be no to question # 12 because they do not intend to dispose o f the oil on the surface . They are not asking for permission to dispose of waste on the surface . Clm Walbridge - question # 13 is subsurface liquid waste disposal involved , answer is noon . Question # 14 will surface area of e xisting water body increase or decrease by proposal , answer is no . Question # 15 is project or any portion of project located i n a 100 year flood plain . Z . O . Slater -° it is all in a C zone which is outside the area for the 100 year flood . Clm Walbridge - question ## 16 will the project generate solid w aste , answered no and was wondering about the waste cars that are being stared . answer should be yes . a ) what is the amount per month , 40 tors b ) will the existing solid waste facility be used , answer no . d ) will any wastes no go into a sewage disposal syst eni or into a sanitary landfill , answer yes and location would be Canada . B ertha Deberardinis - oil , tires and batteries will all be ✓ ecycled in Esennetsburg . Clm Walbridge - question # 17 will the project involve the d isposal of solid waste , answer no . Question # 18 will project use h erbicides or pesticides , answer no . Question # 19 will project ✓ outinely produce odors more than 1 hour per day , answer no . Q uest ion t# 20 will project produce operating noise exceeding the local ambient noise levels , answer no . • 1 TE7 - E4 - TIO page 17 Robert D berardinis - that was based on Chernung County which is 38 decimals and that would be within the limits . C 1 ni Walbridge - wondered how much noise the crusher made and that w ill have to be checked on to find out how much noise it will mate . Z . O . Slater - there is no 1ocal ambient noise level , If the c ':".cnty does that would be the source . Clrn Walbridge - question 421 will project result in an increase in energy use , answer no . Question # 22 if waster supply i s from w ells , indicate pumping capacity . At the moment there will be n one . Question # 2 .7 total anticipated water usage per day , answer none . Question # 24 does project involve Local , State or Federal funding , answer no . Question # 25 approvals required , answer should be City , Town Village Board and wandered if theme should be County Health Dept approval , answer nom B ertha Deberardinis -- they have to get State permits , and federal identification numbers , State Agencies , Regional Agencies answer yes . ✓ im Walbridge - C Zoning & Planning information . Question # 1 does proposed action involve a planning or zoning decision , answer yes , special Use permit . Question 02 what i s the zoning classification of the site answer~ RC lone , Question # 3 what is the maximum potential development of the site if developed as permitted by the present zoning , answer would be one house . Q uestion 04 what is the proposed zoning of site , answer tones , Q uestion # 5 what is the maximum potential development of the site if developed as permitted by the proposed zoning , answer does not apply - Question # 6 is the proposed action consistent with the ✓ ecommended uses in adopted local land use plans , answer should be no . Question # 7 what are the predominant land uses and zoning classification within a 1 / 4 mile radius of proposed action , answer is RC lone . Question #B is the proposed action compatible w ith adjoining / surrounding land uses within a 1 / 4 mile , answer n o . Question # 9 if the proposed action is the subdivision of Lard , how many lots are proposed , answer it is not . Question # 10 w ill the proposed action require any authorization for the formation of sewer or water districts , answer no . Question # 11 will the proposed action create a demand for any community provided services ( recreation , education , police , fire protection ) , answer no . Question 012 will the proposed action ✓ esult in the generation of traffic significantly above present levels , answer; yes . a ) if yes , will the existing road network adequate to handle the additional traffic , answer; yes . b . b . Slater - the County would not reply because this is not a county or state road . T 17 - 4 - 9CM page 16 Ciro Walbridge - the applicants need to find out how much of the 11 acres are well , poorly and moderately drained , the percentage o f the slopes on the site and whether there is a wetland area in the 11 acres . They can call the County Environmental Management Council to find out if 'there is any part of this area has any threatened or endangered species . How much noise level there will be . Clm Roberts - He thought that it was a good proposal , but is not fitting for this area and we have not looked at all of the e nvironmental issues . On the basis of the location i t is not a benefit to the area as a special use . So he would like to deny t he application for the special permit based on : Article XIIIa S pecial Permits , Section 130t; subdivision 2 . In reaching a d etermination , the Town Board should consider the following ( b ) whether the location , the use and the nature and intensity of o peration will be in conflict with the allowed uses of the zone o r neighborhood . ( c ) Whether the use will be more objectionable or depreciating to adjacent and nearby properties by reason of t raffic , noise , vibration , dust , fumes , smoke , odor , fire , hazard , glare , flashing lights , or disposal of waste or sewage ) than the operation of the allowed urea of the tune . RESOLUTION # 190 DENY_ SPECIAL PERMIT AhIhICATIO l AIDS fhhhP Clm detente offered the following resolution and asked for its adept inns RESOLVED , that this Town Board deny the special permit to Amos B rown fr . to operates an auto salvage yard at 129 Bone Plain Rd f or the following reasons . ( 1 ) the location , the use and the mature and intensity of operation will be in conflict with the allowed used of the zone or neighborhood ; ( 6 ) the use will be more objectionable or depreciating to adjacent and nearby properties ( by reason of traffic , noise , vibration , dust ) fumes , smoke , odor , fire , hazard , glare , flashing lights , or disposal of w aste or sewage ) than the operation of the allowed uses of the g one . 2nd Corrigan Roll call vote -- all voting Yes B ertha beberar^ dirks - the permit has been denied so what is the procedure that they have to go thorough to the Town Board . Atty Perkins - you will have to contact your own attorney rey as to wheat your rights are . Bertha beberartinie - if we comply will all of the zoning rights , is it not . At t y Perkins °- no you don ' t , i t is only an allowed use by special permit and the board made a determination based upon the evidence at the hearing that certain requirements of the ordinance were n ot met . YB7 -E4-90 page 19 Supv Schug - reported on town hall eiipansi5n . He has received two q uotat ions , one from Planned Research Design in Freev i l 1 e , Brian B uttner , for an estimate of 12 1 / 2 percent and one from Hunt Engineers for 11 percent plus reimbursable expenses . The third e stimate was Novel l i and there were a couple of stipulations . He h as not received a response back from 'there regarding what the 38 , 000 . 00 would cover and if this was the base price . They had a cut off date for this price . If the board desires they can table their decision until the Aug 14th meeting . Atty Perkins -- wanted to know if these proposals have a provision for proof of professional liability insurance . If not this should be checked or. . The Town Board decided to table their decision to the Aug 14th • meeting . S upv Schug - estimates for dt 79 water and sewer study . Hunt Engineer for $ 3 , 000 . 00 for Snyder Hill and 35 , 000 . 00 for Rt 79 area for a total of $ 8 , 000 . 00 . Sch l echo Engineering for $ 7 , 000 . 00 to do the same area . Motion was made by N l m Walbridge and seconded by C l in Corrigan that this Town Board accept the estimate from Huhlecht E ngineering for $ 7 , 000 , 00 for the eater} and sewer study on Pt 79 and Snyder Hill area . Hbty Perkins - you are voting to appropriate a curl of money for an engineering. study . This is the first step in the formation of a proposed district therefore you should indicate your acceptance o f this proposal and direct that the appropriate resolution He prepared for the lug 14th beard meeting by the bond council so they will issue their approving opinion at such time you will e ver go to construction . G eorge Scrhleabt - was concerned about the extent of the area that w as to be studied and the board might want to look at that . fatty Perkins - you should accept this in principle and direct that the appropriate resolution be prepared pursuant to Article 12a of Town Law . hhddhdTidll # 191 PROPOSED WATER & SEWER DISTRICT u . . SNYDER HILL AND RhdTh 79 d ie Corrigan offered the following resolution and asked for its adoptions RESOLVED , that this Town Board accept in principle from Schlecht E ngineers and direct that the appropriate resolution be prepared pursuant to Article 12a. of Town Law Clm Hatfield Roll call vote - all voting Yea 1 RESOLUTION NO . ). 95 ( 1990 ) Councilperson Walbridge offered the following resolution and asked for its adoption : IN RE : BUILDING AT 471 Midline Road Town of Dryden Tax Map Parcel No . 76 - 1 - 24 . 11 Reputed Owner : Ralph R . Varn & Jean M . Burns ( 1 ) A building at the above address is dangerous and unsafe to the g eneral public . ( 2 ) It is open at several places making it accessible to and an ✓ bject of attraction to minors as well as vagrants and other t respassers . ( 3 ) It may become a place of rodent infestation . ( 4 ) It presents a danger to the health , safety , morals and general welfare of the public . ( 5 ) It is unfit for the purposes for which it may lawfully be used d ue to its collapse . ( 6 ) The building inspector has made an inspection thereof and ✓ eported to the Town Board in writing his findings and ✓ ecommendations including a photograph of the building and ® premises . Due to its condition the building should be demolished and removed . ( 7 ) The reputed owner was notified on October 11 , 1989 ; March 27 , 1990 ; and on May 12 , 1990 that the conditions existing with respect t o the building need to be corrected . ( 8 ) The reputed owner has refused to comply with the provisions of Local Law No . 2 of the year 1981 ( a Local Law providing for the ✓ epair or removable of unsafe buildings and collapsed structures ) . NOW , THEREFORE , BE IT RESOLVED by the Town Board as follows : 1 . The Town Board hereby determines that said building herein ✓ eferred to is unsafe and dangerous . 2 . The Town Board hereby orders that the building be d emolished and removed according to the provisions of Local Law No . 2 of the year 1981 . 3 . That the notice provided for in Section 6 of Local Law No . 2 of the year 1981 be served upon the owner as provided in said Local Law . 4 . That a hearing before the Town Board in relation to such 101 building shall be held on August 14 , 1990 at 7 : 40 p . m . ` V. x 5 . That the procedures employed by the Town shall in all respects comply with the procedural requirements of Local Law No . 2 of the year / 981 and that all costs and expenses of compliance shall be assessed to the property according to the provisions contained therein including all postage , advertising fees and legal expenses . Seconded . Councilperson Corrigan . Roil call vote -- all voting Yes i ` of ` RESOLU'T' ION NO . 196 ( 1990 ) . councilperson Roberts offered the following resolution and asked for its adoption : IN RE : BUILDING AT 43 Mill Street , Freeville , New York 13068 Town of Dryden Tax Map Parcel No . 33 - 1 - 25 . 2 Reputed Owner : Harold J . & Susan J . Mix ( 1 ) A building at the above address is dangerous and unsafe to the general public . ( 2 ) It is open at several places making it accessible to and an o bject of attraction to minors as well as vagrants and other trespassers . ( 3 ) It may become a place of rodent infestation . ( 4 ) It presents a danger to the health , safety , morals and general w elfare of the public . ( 5 ) It is unfit for the purposes for which it nay lawfully be used due to its collapse . ( 6 ) The building inspector has made an inspection thereof and ✓ eported to the Town Board in writing his findings and ✓ ecommendations including a photograph of the building and premises . Due to its condition the building should be demolished and removed . ( 7 ) The reputed owner was notified on November 2 , 1989 that the conditions existing with respect to the building were to be . corrected . ( 8 ) The reputed owner has refused to comply with the provisions of Local Law No . 2 of the year 1981 ( a Local Law providing for the ✓ epair or removable of unsafe buildings and collapsed structures ) . NOW , THEREFORE , BE IT RESOLVED by the Town Board as follows : 1 . The Town Board hereby determines that building herein ✓ eferred to is unsafe and dangerous . 2 . The Town Board hereby orders that the building be demolished and removed according to the provisions of Local Law No . 2 of the year 1981 . 3 . That the notice provided for in Section 6 of Local Law No . 2 of the year 1981 be served upon the owner as provided in said Local Law . 4 , That a hearing before the Town Board in relation to such building shall be held on August 14 , t990 at 7 : 34 p . m . 5 . That the procedures employed by the Town shall in all respects comply with the procedural requirements of Local Law No . 2 of the year 1981 and that all costs and expenses of compliance shall be assessed to the property according to the provisions contained therein including all postage , advertising fees and legal expenses . Seconded Councilperson Hatfield . Roll call vote - all voting Yes em/7 TB7 - 24 - 90 page Err Supv Schug - Cortland Rd water; district . This would be tied in the sewer district which is currently in place . There is a bid of $ 2 , 500 . 00 from S' ch1echt Engineerings Atty parkins - he would like to review the description for the Cortland Road Sewer Dist . and what has been done over the last 5 years to see what the next legal step would be to basically reduce the size of the district and come up with a plan for that particular size district . RESOLUTION 0192 CORTLA D RD WATER DISTRICT Clm Roberts offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the bid from Sch l echt Engineering for $2 , 500 . 00 for the proposed Cortland Rd water d ist . ' rd Clm Walbridge Roll call vote -- all voting Yes RESOLUTION # 194 APPU I NT YOUTH BUREAU L im Walbridge offered the following resolution and asked for its adoption : RESOLVED , that this Town Hoard appoint Fred Farah , 99 Yellow Harm Rd , Freeville , and Ann Branchini , Ellis Hollow Rd as representatives on the youth commi ns ion . End Clm Roberts Roll call vote - all voting Yes RESOLUTION 0195 -° 1990 UNSAFE STRUCTURE TAX MAP 076 - 1 - 24 . 11 Clm Walbridge offered the following resolution and asked for its adoption : ( copy in minute book } End Clm C000rr i gan Roll call vote -- all voting Yes RESOLUTION 196 -_ UNSAFE STRUCTURE =rx MMA� r � - - ,�,�__ -. Clm Roberts offered the following resolution and asked for its adoption : ( copy in minute book. ) End Clm Hatfield Roll call vote - all voting Yes RESOLUTION $t 1 c37 D RYDEN LAKE Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that the Supervisor is authorized and directed to sign the Use and Occupancy Agreement with the New York State Department of Environmental Conservation for the real property at D ryden Lake constituting a portion of the Dryden Lake Multiple Use Area and which will be used as the Dryden Lake Park to be d eveloped with funds from the Environmental 'Quality bond Act and matching funds from the Town . 2nd Clrn Corrigan Roll call vote - all voting Yes .4 I . ! 20217 - B NOTICE OF PUBLIC HEARING Notice is hereby given that the Town Board of the Town of Dryden . Tompkins County , New York adopted the following order on July 24 , 1990 calling a public hearing in connection with the establishment of a proposed water district , to be known as Hall Road Water District . In the Matter R of { the Establishment of a proposed ORDER CALLING water district in the Town of PUBLIC HEARING Dryden , Tompkins County , New York , to be known as Hall Road Water District WHEREAS , a written petition has been duly filed with the Town Board of the Town of Dryden . Tompkins County , New York , in relation to the establishment of a proposed water district , to be known as Hall Road Water District . pursuant to Article 12 of i . . . . . . • . I • • - 2 - t he Town Law , which petition , together with a map , plan and report accompanying the same , have been filed in the office of the Town Clerk and are available for public inspection ; and WHEREAS , said map , plan and report , were prepared by Hunt Engineers & Architects , competent engineers , duly licensed by the State of New York ; and WHEREAS , said Hall Road Water District shall be bounded and d escribed as set forth in Schedule B attached hereto , excepting and reserving the territory described in Schedule A attached hereto , and made a part hereof ; and WHEREAS , the improvements proposed for such Hall Road Water D istrict will be constructed in conjunction with an overall plan Uto increase and improve the water supply facilities of the Monkey Run Water District , whereby a new 400 , 000 gallon storage facility will be constructed within the Monkey Run Water D istrict and next to the existing 200 , 000 gallon storage facility of such District , such 400 , 000 gallon storage facility being of a size and capacity greater than that required to serve only said Monkey Run Water District and said additional size and capacity is to be constructed for the purpose of serving the H all Road Water District ; WHEREAS , in furtherance of said overall plan , only a proportionate amount of said improvements will be charged as the capital cost to said Hall Road Water District , the remaining ® amount to be charged to the Monkey Run Water District ; . . - : .- - - . $ - 3 - WHEREAS , the maximum amount proposed to be expended for said overall improvements is $ 260 , 000 , of which amount $ 190 , 000 shall be allocated and charged as the capital cost of said Hall Road Water District , and of which amount $ 70 , 000 shall be allocated and charged as the cost of increasing and improving the facilities of the Monkey Run Water District ; and WHEREAS , Wilcox Press , Inc . has agreed to pay all of such capital costs , or $ 190 , 000 , to be allocated to the Hall Road Water District to said Town and no serial bonds will , therefore , be issued or moneys borrowed to pay the cost of such improvements ; and WHEREAS , it is now desired to call a public hearing upon the ® question of the establishment of said Hall Road Water District of the Town of Dryden in the manner aforesaid pursuant to Section 193 of the Town Law ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : - 4 - Section 1 . A meeting of the Town Board of the Town of D ryden , Tompkins County , New York , shall be held at the Town Hall , 65 East Main Street , in Dryden , New York , in said Town , on August i4 1990 , at 7 : 50 o ' clock P . M . , Prevailing Time , for the purpose of holding a public hearing to consider the establishment of a proposed water district of said Town as d escribed in the preambles hereof , to be known as Hall Road Water District , and to consider the map , plan and report filed in relation thereto , and to hear all persons interested in the subject matter thereof concerning the same , and for such other action on the part of said Town Board as may be required by law o r shall be proper in the premises . ® Section 2 . The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal the official newspaper of said Town , the first publication t hereof to be not less than ten nor more than twenty days before t he day set herein for the hearing as aforesaid , and said Town Clerk shall also cause a copy thereof to be posted on the sign- board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than t wenty days before the day set for the hearing as aforesaid . Section 3 . This order shall take effect immediately . ID 1 ' ' 4a 4 SCHEDULE B All that tract or parcel of land situate on the Northeast corner of New York State Route 113 & Hall Woods Road in Lots 052 I # 53 of the Town of Dryden , County of Tompkins and State of New York , being bounded and described as follow : BEGINNING at a point on the North line of New York State Route 913 a : the Southwest corner of lands conveyed to Harebell ( R . O . ) by deed filed in Tompkins County Clerk ' s Office in Liber 623 of Deeds at page 742 , said point being located South 85 ' 59 ' 09 ' West a distance of 189 . 34 feet from a concrete monument on the Westerly right of way Iine of Hall Road ; thence running North 85 ' 59 ' 09 " West along the Northerly right of way line of said Route 113 , a distance of 40 . 63 teat to an angle point marked by a concrete monument ; thence running North 87 ' 08 ' 21 " West along said right of way 9 line , a distance of 415 . 20 feet to an angle point marked by a concrete monument ; thence running North 78 ' 03 ' 46 " West along said right of way line , a distance of 300 . 15 feet to an angle point marked by a concrete monument ; thence running North 70 ' 17 ' 56' West along said right of way line , a distance of 205 . 65 feet to an angle point marked by a concrete monument ; thence running North 64 ' 39 ' 11 " West along said right of way line , a distance of 289 . 17 feet to a point marked by a concrete monument ; thence running North 53 ' 41 ' 50' East a distance of 1393 . 81 feet to a point situate on the South lint of land * conveyed to the Town of Dryden (R . O . ) for a roadway known as Hall Road ; thence running South 36 ' 02 ' 02 ' East along said Hall Road , a distance of 168 . 94 feet to an angle point ; thence running North 54 ' 40 ' O1 " East along said Hall Road , a distance of 227 . 77 feet to a O - point ; thence running South 81' 25c• 45 " East along said Hall Road , a distance of 163 . 14 feet to a point : thence running South 08 ' 34 ' 15 " west • along said Hall Road , a distance of 866 . 77 feet to a point , being the Northeast corner of lands conveyed to the above mentioned Harebell (R . O . ) ; thence naming North 80 ' 50 ' 00' West along the North line of said Harebell (R . 0 . ) , a distance of 200 . 0 feet to a point ; thence running South 09 ' 10 ' 00 " West along the West line of said Harebell (R . 0 . ) , a distance of 247 . 07 feet to the place of beginning . Being the same premises conveyed to Wilcox Press , Inc . by deed dated May 10 , 1989 and recorded that same day in Liber 645 of deeds at page 854 in the Tompkins County Clerk ' s Office . The above described premises are shown on a map of survey entitled "Map Showing Lands of William P . 6 Corey Ann Gettig " by Milton A . Greene , P . L . S . # 42000 dated September 24 , 1988 , a copy of which was filed in the Tompkins County Clerk ' s Office in Drawer M , Page 117 . O • - v SCBDULB a ALL THAT TRACT OR PARCEL. OF LAND , situate in the Town o f Dryden , County of Tompkins , State of New York , bounded and described as follows : Beginning at a point in the vest line of Hall Road ; said point of beginning being located northerly along the west line of Hall Road a distance of 205 ! feet from the intersection of the west line of Hall Road with the north boundary of New York State Route 13 ; thence continuing along the west line of Hall Road N 08 ° 35 ' 17 " E a distance of 53 . 01 feet t o the point of beginning of the parcel herein described ; thence running along a curve to the left having a radius of 20 . 00 feet for an arc distance of 38 . 97 feet ; thence running S 76 ° 57 ' 26 " w a distance of 175 . 94 feet ; thence running S 30 ' 25 ' 20 " W a d istance of 6 . 62 feet to a point ; running thence N 81 ° 14 ' 03 " W for a distance of 6 . 65 feet to a point ; running thence S 08 ° 44 ' 39 " W for a distance of 16 . 73 feet to a point ; running thence S 30 ° 25 ' 20 " W for a distance of 109 . 66 feet to a point ; thence running S 06 ° 09 ' 07 " W a distance of 83 . 98 feet to a point ; thence running S 00 ° 13 ' 32 " E a distance of 51 . 13 feet to the n orth line of New York State Route 13 ; thence running along the n orth line of New York State Route 13 S 86 . 05 ' 16 " W a distance o f 12 . 34 feet ; thence continuing along the north line of New York State Route 13 N 87 ° 01 ' 45 " W a distance of 82 . 82 feet ; thence running N 00 ° 13 ' 32 " W a distance of 47 . 18 feet ; thence running . N 29 ° 54 ' 13 " E a distance of 123 . 37 feet ; thence running N 31 ° O 3 32 ' 05 " E a distance of 103 . 25 feet ; thence running N 49 . 23 ' 55 " • E a distance cf 64 . 54 feet ; thence running N 73 ° 03 ' 27 " E a Idistance of 157 . 85 feet ; thence running N 64 ' 28 ' 13 " E a distance of 88 . 53 feet ; thence running on a curve to the left having a radius of 20 . 00 feet for an arc distance of 19 . 51 feet t o a point in the vest line of Ball Road ; thence running along the west line of Hall Road S 08 ' 35 ' 17 " W a distance of 129 . 64 feet to the point and place of beginning . BEING a portion of the premises conveyed to Wilcox Press , Inc . by deed dated May 10 , 1989 and recorded in the Tompkins County Clerk ' s Office on May 10 , 1989 in Book of Deeds 645 at Page 8544c . The above described premises are sbovn as 'Relocated H all Road " on a map of survey entitled 'Map Shoving the proposed ✓ elocation of Hall Road " made by George Schlecht dated January 5 , 1990 to which zap is incorporated herein by reference . Being the same premises as described in a Deed to the Town of D ryden dated June 6 , 1990 which is to be recorded in the Tompkins County Clerk ' s Office . I _ . • • The question of the adoption of the foregoing order was duly put to a vote on rail , which resulted as follows ; James F . , 5chug VOTING yes Charles Hatfield VOTING yes Margaret Walbridge VOTING yes Ronald Roberts VOTING yes Elizabeth Corrigan VOTING yes The resolution was thereupon declared duly adopted . A * * • • • 0 ��_ --.rte �. ... . • JY'3.r. . —t®YyaT--r.�'°�" °`� . -T��•- �.... .-. . _ +�_ L.:. u 3 STATE OF NEW YORK ) O ) ss . : COUNTY OF TOMPKINS ) I , the undersigned Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town , including the ✓ esolution contained therein , held on July 24 , 1990 , with the o riginal thereof on file in my office , and that the same is a t rue and correct transcript therefrom and of the whole of said o riginal so far as the same relates to the subject matters therein referred to . I FURTHER CERTIFY that all members of said Board had due notice of said meeting . O I FURTHER CERTIFY that , pursuant to Section 103 of the Public Officers Law ( Open Meetings Law ) , said meeting was open t o the general public . I FURTHER CERTIFY that , PRIOR to the time of said meeting , I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other n ews media as follows : Newspaper and / or other news media Date given The Ithaca Journal July 11 , 1990 ---- - - 2 - I FURTHER CERTIFY that PRIOR to the time of said meeting , I duly caused public notice of the time and place of said meeting t o be conspicuously posted in the following designated public location ( s ) on the following dates : Designated Location ( s ) o f posted notice Date of Posting Town Signboard July 11 , 1990 ✓ estibule Town Hall 65 East Main Street D ryden , New York 13053 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town , on July 31 , 1990 . pdf L • ee Town Cler`r' O ( SEAL ) ID TB7 - 24 -- 90 page 21 Clm Walbridge - reported about the Dryden Lake steering committee . Martha Ferger and Ransom Blakely has expressed an interest to be on advisory board committee . RESOLUTION # 198 ORDER CALLING PUBLIC HEARING Clm Walbridge offered the following resolution and asked for its adoption : ( copy in minute book ) 2nd Clm Hatfield Roll call vote - all voting Yes Adjourned .„,444.4aNnekx. Susanne Lloyd , \ Town Clerk TOWN ' BOARD MEETING AUGUST 14 , 1990 LOCAL LAW # 2 - 1941 - UNSAFE STRUCTURE Harold & Susan Mix Parcel # 35 - 1 - 25 . 2 QUESTIONS AND OR COMMENTS S upv Schug - reported that some o`f the material is down and Mr . Mix has written a letter stating that he would have it finished by Aug 10th . Clint has gene out to check and it has not been completed . Clint Cotterill - he has separated a lot of the material and t here is a loot of the building sitting there . There is a lot of trash that either has to be buried , burned or taken away . He might have considered what is flat on the ground he would have d one by Aug 10th . He did some of this in the spring but more has been done in the last week . Clint reported that half of the site h as been cleaned up at this time . S upv Schug - He has sent a letter of intent to the Town Board h earing in place of his absence . Henry should probably get in touch with him to see if it can be cleaned up by the 10th of S ept . Clint - we will contact him in writing and keep track of the progress that he is making . U Closed public hearing LOCAL LAW # 2 - 1981 - UNSAFE STRUCTURE Ralph R . Varn & Jean Burns Tax Map # 76 - 1 - 24 . 11 QUESTIONS AND OR COMMENTS N o one was present to represent the reputed owners of the property . S upv Schug - since no one was present Z . 0 . Slater should notify them that if the unsafe structure is not taken care of by Sept 6th , at that time the Town will advertise for bids to clear the property and add the cost to their tax bill . Atty Perkins - there is a local law that governs this and they must commence removal within 30 days of service of the notice to them which included the notice of a public hearing . Their time to begin has not started to run yet and the work has to be completed lo-a TBB -- 14 - 9O page IMF within 60 days . Notices were served on Sept 1st so that means they have until Oct 1st . There is no reason why the town could not go ahead and get some estimates . S upv Schug - reported that the children of the English family on H anshaw Rd have responded to Henry and w i l l give him something in w riting in the near future about the property and their plans to clean it up . Clint - they have been served notice and have indicated that they w ill do something about it . TOWN BOARD MEETING AUGUST 14 , 1990 Supv Schug called the meeting to order Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : P resent : Supv Schug , Clm Roberts , Clm Walbridge , Clm H atfield , Atty Perkins and Z . O . Slater Absent : Clm Corrigan S upv Schug - appointed Clm Walbridge to audit the general and special district bills Approval of the minutes : Motion was made by Clm Roberts and 2nd by Clm Hatfield that the minutes of the 7 - 10 - 90 board meeting be approved as submitted . Carried CITIZEN PRIVILEGE OF THE FLOOR J im Willard - wanted the board aware of some potential problems w ith drainage from the Wilcox Press site . He got the rainfall f igures from Correll for Aug 13th and it was a peak rainfall of . 55 inches and a total rainfall of 1 . 05 inches over a 24 hour period . This does not come near a 1 year rain storm which is a peak rainfall of 1 . 9 inches of rain per hour . The water was ✓ ushing out the culvert under the railroad bed and went up onto the road and this was just a fairly mild thunder storm . The ✓ esidents there are concerned about this and what is going to h appen when they get a real storm . He did not knew how far on the ✓ oad it got because he was not home at the time and no one else dared to go up on the railroad bed . B eth Herron -- gave the board members pictures she had taken of the flooding . ( pictures in minute book ) . She has lived at 3 Hall O Woods Rd for 5 years and she has never seen the water flowing like this before .