HomeMy WebLinkAbout1992-04-14•
TOWN BOARD MEETING
SPECIAL PERMIT HEARING
APRIL 14, 199
Al's Wood IN' Things
Supv Schug called the meeting to � � girder at 7:30PM
Supv Schug read the notice that was published in the newspaper
concerning the application of Al Van De Weert to establish retail
sales for fresh fruit, vegetables, bedding plants and crafts at
15 Livermore Crossing Rd. (copy of notice in minute bock).
QUESTIONS AND /OR COMMENTS
Al Van De Weert - he would like to go into his
selling fruits, vegetables, bedding plants and
been a farmer for over 20 years. At the present
renting a building from Bernard Hicks with the
building next year. The entrance and exit will
Crossing Road. He has received his application
Markets.
Closed public hearing 7:35PM
TOWN BOARD MEETING
APRIL 149 1992
awn business
crafts. He has
time he will be
option to buy the
be on Livermore
fry rn NYS Ag
Supv Schug called the meeting to � order at 703 5PM
Members and guests participated in the Fledge of Allegiance
Roll call was by the Town Clerk=
Present o Supv Schug, Clm Roberts, Clm Baker, Clrn Hatfield,
Clm Corrigan, Atty Perkins and Z.O. Slater
Approval of the rninutes a Motion ion was made by Clm Roberts and 2nd
by Clm Hatfield that the minutes of 11 -92; 3 -5 -92; and
3 -10 -92 be approved. Carried
RESOLUTION #102 ACCEPT EAF FORM
Clm Roberts
offered
the following
adoption=
RESOLVED, that
this
beard accept
comment for
was no significant
A 1' s
Wood
IN' Things.
env iri.-inrnentaI
declaration
should
be issued.
resolution and asked for its
the EAF form filed with gut
It was determined that there
impact and a negative
. 2nd Clm Corrigan Roll l l call vote - all vot i ng
Yes
SV
0
•
•
Ithaca jl:.vurr,al News
142,33, W. State Street
Ithaca, New York
At t r, : Donna Carr, Legal Ads
PLEASE PUBLISH the following
APRIL 8th, 1992 and bill the
LEGAL NOTICE r,•
Town _,f Dryden"
.later than WEDNESDAY
TREE NOTIC ;E t °I °tat tree. T�.-viv., Br- ,::,i" t1-te Tl_,wr•, ��f Dryden
Will hold a public hP:'ari.r�g tI i_, r,cider an appl icat ion for a
Special Permit fri �m Albert Var-, Dv� Weert of 158 Simms Hill Road
Dryden, New'- York DBA, "A1' s W� ,ci "N" Things ", to , est ab 1 i sh a
retail sales site and facility for fresh fri_tit, vegetables,
bedding p 1 ants q ar,d crafts at 1. I_ i verr,i� ,r e Cr•� mss i n g R, ��rd Dryden,
iuew Yc_Irk.
SAID HEARING 'wi l l
P. M. preva i ling t i
Dryden, New York a
giver, ar-, opport i_tn i
by agent.
DATED: APRIL ` rid,
/e at L
Henry M. Slater
l,_,r',ing Officer
Tf=IWrl P_If Dryden
b e held , r -, .L. (..I I:" r; I:} f a `I ' f:� �: 1=: T L._ 1..:�.
me at the I:)r...y,c:1el "I "r. wt', f-I<: I I
t which t i.m�_� :.:tl. a. i.rrt:F�r i�sted
ty to be hc•- <rard. F-'f_'r t.q i-ir',ts relay
1992_
t h, 199; -' at 7 : 0
65 E. Mai• r, Street
persons will be
appear i r, or
.. rifi�i =�.� C'G�h� -lg, Dryder, ..1..;:.�•,,;'I { ;;il_I,1�1,- .-:•�...,_;�- ;�:jr'
All Dryden Ti.-Own B,-,ar�d 11i::n�t.rc
Mah 1 Cin R. Perkins, Dry(.J : n
(31'-I ,rge Sch 1 echt, Er,g i. r,eer-
Tompkins COUrit y y F- 'i,.�YIl "ia.r',Li
r•t me r,
c3U1F;ar1r-1e Lloyd, Drydi ?i'1
Seri 0wnc- r' t•j :i. f:
F Y - , jf. L Far.;;perty
I
A
•
L1
TD4 -14 -92 page c
RESOLUTION_ #103 GRANT SPECIAL PERMIT
ALI S WOOD IN' THINGS
Clm Corrigan offered the following resolution and asked for its
adoptions
ion:
RESOLVED, that this Town
Al Van De Weert with the
and that the hours would
2nd Clm Hatfield
COUNTY BRIEFING
Board
grant
a
special
permit
to
"Boiler
be
Roll 1
ca 1
Plate
AM to
1 vote
Conditions"
9eif(")
e - all
PM
ins" dated
7 days
voting
7 -10 -90
a week.
Yes
Co Rep Watros - reported they are still working on the solid
waste problem and the mapping of the new districts for
reapport ionment.
Atty Perkins - wanted to � know when the scoping session was for
the SDIS.
Co. Rep Watr� �s - it will be held April 23rd, 7 e 00PIM at NYSERG
Co. Rep Evans - reported ed t hat the reap port i onriient committee met
and reviewed a proposed map 29L which took. 410 people from the
Town of Dryden instead of 595. The only problem with that map is
the districts that will grew the most are the biggest. If this
map is passed in 3 t • • 5 years you will see not a 17 percent
deviation but about 35 percent. The result is the.-At those people
in the districts that are the biggest will continue to be more
under represented then they are now.
Co. Rep Watros - he believes that if we maintain L districts in
the Town of Dryden we will be way under represented for the town
on the county beard and this is a distinct disservice for the
town residents. We should start on the l ow side at the beginning
of the decade with the idea that we will grew at a faster rate
than these smaller communities. He would like t• � see how we can
best see that the residents of the town influence the county
board actions. You will riot be able to do it keeping it to
districts. He would like to meet with the board members with this
theory in mind to see what we can come up with.
Atty
Perkins
- reported
that
Supv
chairwoman
asking
of
her to
the Solid
share with
Waste
the
they
and
Town
county
site
Co.
staff
and from
Rep Evans
has been collecting
the test wells.
to be aware
and
He
for
Schug has sent a letter to the
Resource
of Dryden
Management Committee
certain data that
the
regarding
would like
information
Co.
Rep
j.-in the
Wat ros
DR7
and
any help
they
can
give.
5q
I
TB4 -14 -92
page 3
CITIZEN PRIVILEGE OF THE FLOOR
•Youth Commission
Ann Bianchi - wanted to know if everything was ci::irrected
regarding the contract form the youth commission. Also reported
that there will be a 5 week conservation �n prograrn. They will be
working 3 weeks at the science center on school property and
weeks at the Mill Creek Dam. They will need the town boards
approval for this expenditure. They are also working on the 5
week summer program and have approval to use the junior high
school facilities. They would like to expand can the Youth Pride
this year by having sorne workshops on job hunting skills, how to
write a resume, how to interview, etc. Also use the school
facilities of the computers, swimming pool l and recreation
equipment.
C 1 m Corrigan - wanted to know if there was some type of out reach
for the children on the far side of the township, if it could be
publicized, car pooling or busing.
Ann Bianchi - she has been talking about this and there is the
possibility of a Torntran bus that would be available at certain
points in the town.
RESOLUTION #k104 APPROVE FAMILY AND CHILDRENS
SERVICE CONTRACT
• Clm Corrigan offered the following resolut it .-in and asked for its
adoptions
RESOLVED, that this Town Board approve the agreement between the
Town of Dryden and the Family and Childrens Service as proposed.
2nd Clm Baker RiW111 call vote - all voting Yes
George
Shank
- wanted
to
know
if
anything
has
been done with his
application
for expansion
to
him
mi.-ibi le
hr.irne
park?
Atty Perkins - at the meeting in March the beard considered Mr.
Shanks application for a special permit fi_Ir a mobile horne park.
It was pointed out to him that the plans he submitted did riot
include a provisiOn for Municipal water and sewer as called for
in the rn! obi le horne park ordinance. It was left with hirn that he
would investigate that possibility and let the town board know
what his intentions were as to which way he was going to go. It
was our understanding that he also needed another special permit
which would extend a ni.-inconforming use. If he had indicated to us
that he was going to be willing to put in municipal water and
sewer then Henry was going to work with his schedule for that
second special permit hearing in conjunction with the
continuation cif the original special permit hearing tonight.
However, he believes that Mr. Shank has indicated, and you can
ask him on the record tonight whether he intends to comply with
the ordinance and install municipal water and sewer. It is his
• understanding that he is not. Therefore, you will have to take
action on this special permit for expansion of the mobile home
park accordingly. The choices are either t o reject it or to � send
it on to the Planning Beard and when it corner back from the
Planning Board you have no choice but to � approve it.
TB4 -14 -92 page 4
George Shank - he did get with t
• and it was discussed what consti
He sent a letter out to each -.If
wi-juldn't be feasible to put muni
was the conclusion of both engir
would be cost prohibited.
he town engineer and his engineer
toted municipal water and sewer.
the board members stating that it
cipal water and sewer in. This
eers for that many trailers it
Clrvi Roberts - so you are riot going t• � install municipal water and
sewer.
George Shank - no, like he said it would be cost prohibited and
he couldn't do it. The engineers discussed what constituted
municipal water and sewer and they also decided that it would be
cost prohibited. We were talking 1 ast time what constituted
municipal water and sewer and being that there were no engineers
here we were just guessing. So as it stands nobody could do that
under the ord i nance.
Atty Perkins - would take issue with that, if that is represented
to be the ci-. 1riclusion of George Schlecht, because he knows that is
not the way he feels about it.
Clm Corrigan - It is riot George's position to .judge that it is
trio expensive, but that he feels it is possible and expensive.
Atty Perkins - it certainly is possi
certain number in mind which is a rnU
permitted under the ordinance. This
rejected unless the board is willing
can either amend the mobile home par
would not have to install municipal
wanted to have a mobile. home park.
ble, but Mr. Shankk has a
ch less dense program then is
permit will have to be
to amend the. ordinance. You
k ordinance so that a person
water- and sewer if they
Atty Perkins - to expand this nonconforming use Mr. Shank would
also have to have another special permit because he intends to
expand a ni �nc� �riformirig use into � an area of the original parcel.
He did riot apply for that s� � these are two reasons that this
should be considered to be rejected. 1- your ordinance requires
m Unicipal water and sewer, you can reject this or entertain a
motion to amend the ordinance and he also needed to apply for
another special permit to be heard tonight in connection �n with
this application which he did nit do.
George Shank - what about this article in Section 1701 that a
nonconforming use exists at the time of adoption.
ion.
Atty Perkins - that is a general statement. You are quoting only
part of that statement. You want to extend this nonconforming use
into another part. YOU are extending a ni!riconforriiirig use, the
number of mobile homes that were there at the time r.if the
ordinance there is n� � problem there, but y" DIA are proposing to do
• something in this ".one which is an extension of that use that was
grandfathered so to speak.. You can't do that without a special
permit.
,\V
TB4 -14 -92 page 5
George Shank. - it was set up for that except nothing was ever
finished. There are electrical lines there and everything is set
up. The only thing that is riot there are the water and sewer
lines.
Clm
Corrigan
-
there is a new use here that has not been
grandfathered
in.
Clm Roberts - on the basis that the applicant has decided not to
meet the required municipal water and sewer he would like to
offer- a resolution that the permit be denied. Also the applicant
did not apply for the special perriiit application to extend the
mobile home park..
RESOLUTION #105 DENY SPECIAL PERMIT
APPLICATION - GEORGE SHANE, COUNTY MANOR ESTATES
Clm Roberts offered the following resolution and asked for its
adoption=
RESOLVED, that since the appl icarit, George Shank has elected not
to install municipal water and municipal sewer pursuant to the
requirements of the Mobile le H� Mme Park Ordinance, and since the
applicant did riot apply for a special permit to extend a
nonconforming use pursuant to the requirements of the Town of
Dryden Z oning Ordinance that his appl icat ic-in to extend the mobile
home park be denied.
End Clm Corrigan Roll l cal 1 vote - all voting Yes
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Roberts - reported on the swim program and there should be an
announcement going out with the school bulletin in May. This
program will be self supporting.
Clm Roberts - Kerr Thompson of the county staff reported that the
letter that was sent from the EPA to the Corp. was that the Corp
was confident of their decision that they had giver, to the
cc-tunty. There was also concern that Diane Radon who had worked
for the Corp was now in Washington D. C.
Clm Roberts - concern about the community drop off for large
items. This came up suddenly because he and a lot of other people
didn't know about it. The comments he heard, nobody was
complaining that they didn't have pick up, but they didn't find
out that there was going to � be drop � �f centers.
Supv Schug - it did get put in the paper and was on the radio.
The town is r�� �t geared for curbside pickup, but Dori did agree to
have a pickup point on Johns on Rd. He will send information to
the board members but at $145.00 per ton the town residents wou1a
have paid about $521000.00.
Clm Hatfield - reported that he has attended several of the SJS
meetings and there still is the Kline Rd problem. They are going
to do a study t• � see how riiUch more water can be put thri -Jugh the
plant and rerouting Kline Rd. It was recommended at their last
meeting that the Town of Dryden engineer be involved r.sn any
future expansions.
A
TB4 -14 -92 page 6
CORRESPONDENCE
• Dog report - also Lorraine Bard would like to receive the
pre - exposure shots for rabies given by Tompkins County Health
Dept. The Town of Dryden share will be $68.75
RESOLUTION
#106
AUTHORIZE
PRE-
EXPOSURE
SHOT
_RAE;IE
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize ze dog control officer
Lorraine Bard to receive the pre -expo sure shots from rabie given
by the Tompkins County Health Dept. The Town of Dryden cost will
be $68.75.
2nd Clm Baker Roll call vote - all voting Yes
Dryden Police report art for, park
Letter from Dryden Historical Society thanking the town for their
contribution and supports
ZONING OFFICER
Monthly report - given to board members
Schedule ` special permit hearings - May 7th at 7u00PM and 7:15PM
RESOLUTION #107 RENEWAL. OF _BOAST MEMBERSHIP
• Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that the membership be renewed for BOAST at a cost of
$50s00
2nd Clm Hatfield Roll call vote - all voting Yes
ATTORNEY
Atty Perkins - suggested that the agreement be approved for the
Town of Dryden on behalf of the Dryden Youth Commissions The
youth commission not being authorized to sign it.
RESOLUTION #108 UTILITY DRIVE -_ ACCEPT
NAME
Clm Hatfield offered the following resolution and asked for its
adopt ion:
RESOLVED, that this Town Board accepted the name of Utility
Drive. Location is between NYSE &G and Route #366.
2nd Clm Corrigan Roll call vote - all voting Yes
Atty Perkins - reprorted that the Town of Dryden's permit to plow
and sand Abbott Read expires June 3oth. The town has sent the
state a letter to notify them that it is coming due.
Atty Perkins - rep
. was made to � remove
variance that was
up he will proceed
port
hi
gra
wi
e on
s mob
nt ed
th th
the Breidinger property that a request
i1e home on Sweetland Road since the
is now in violation. When the time is
e violation proceed i ngs.
m
w
•
REVISED CERTIFICATE OF ABANDONMENT
The undersigned, DONALD P. GILBERT, Superintendent of Highways
of the Town of Dryden, County of Tompkins, New York, hereby
certifies:
That a portion of the highway in the said Town of Dryden,
known and described as Red Mill Road, has not been traveled or used
as a highway for six and more years prior to the date of this
certificate, and said highway is hereby declared abandoned pursuant
to Section 205 of the Highway Law as a highway and public right of
way. That portion of Red Mill Road which is hereby abandoned is
more particularly described on the annexed Schedule A, attached
hereto and incorporated herein by reference.
This certificate is made
Town Board of the Town of D:
Abandonment revises, replaces
Abandonment dated December 27
proper description of that
abandoned.
with the consent of a majority of the
Ryden. This revised Certificate of
and supercedes a prior Certificate of
, 1991 which inadvertently omitted a
portion of Red Mill Road which is
IN WITNESS WHEREOF the undersigned Superintendent of Highways
has executed this certificate together with a majority of said Town
Board.
Dated:
Dryden, New
April Iq_,
York
1992
Filed and recorded in
Town Clerk's Office of
Town of Dryden, County
ompkins, N. Y. on
,199992.
—,7"112
• Susanne Lloyd,
the
the
of
Donald. Gilbert
Sunerintenderrt of /Hlrghways
fAq(mbers of
f Dryden,
York
:he Town
County
Board of the
of Tompkins,
Town
New
That portion of Red Mill Road generally bounded and
described as follows:
Beginning at the point where West Malloryville Road (as
one travels south thereon from Peruville Road) forks into
West Malloryville Road which travels southeasterly and
into Red Mill Road which travels southwesterly and thence
southerly; proceeding thence from said point of beginning
generally southwesterly for a distance of 450.00
feet + / -; proceeding thence southerly for a distance
approximately of 700.00 feet +/- to where the abandoned
portion of Red Mill Road intersects the traveled and hard
surfaced portion of Red Mill Road all as more
• particularly depicted above.
SCHEDULE A
.,
•
•
Datea Apr-i I 6th, 1992
To James Schug, Dryden "fc,wri S!(pervi.sc,r.
65 E. Main St meet
Drryden, New Y,.,rk 1.2:205=,
1= r,.,rne Henrry M.
Slater,,
re 1
"Ziz,riirig & Building Cade Enfr.ircement Off.
65 East
Main
Street
Fire
Drnyderi,
New
`r',.,rk
1 _;C)5�
S!(ba a March '
9; :..
Z,.,riirig
Building Enforne. ment Activity
Dear Jima
During the mr-frith r_,f March 1992" there were a total if 6
Buildirig F'errnits issued and described as f,.,lIc_,wse
A -1 New Starts
A- 1 Renovat i,.,ri i Repair 4s
C- -1 C,.,nvert p,.,rt ic,n ,.,f stable t,., Office
C -4e 2 Erect 1 cxnrnercial L3torrage Str!ucturne
C -4e 1 Access ot%y Flri.vate St,-..,rage Str!ucturre
Certificates ,.,f Occ!i.paricy and f CIAlpliaricee
Cer't i ficates
Ch i rnriey
re 1
at ed
of
Occupancy
(i )
Fire
in
Ternp"rary
damage.
C(:art
i f
i cates
E l
,f
Or_c!iparicy.
Certificates
Inspect i,.,ns
caused
of
C,.,mp
l i ance
leaking
i ss!(ed o
Fire I nvest i gat i,.,rise
There were (6) Fire Call. so
(0)
(E)
( 1 )
(2)
(1)
(14)
(3)
(1)
Multiple
Ch i rnriey
re 1
at ed
which
resulted
(i )
Fire
in
NO apparent
damage.
1
M i
ri,.,r
E l
ect
r i ca
1 Sh,.,rt
Inspect i,.,ns
caused
by
water
fr^r. ,m a
leaking
1
Frank.
Firne
that
was
set
at
Ceornge
Jre
Republic.
1
Single
Family
}-kxne
fire
which
resulted
in T,.,tal
Dest
r !uct
i
l,,ri r.if
the
hi ,rile.
Multiple
Residence
Irispect
i, -ins
(i )
Fire
Safety
Inspect
i,.,ns Of
PUbl is /Businesses
(4)
Home
Day Care
F=ire
Safety
Inspect i,.,ns
( 1 )
r' C, 1:1 f
,
i
9
Page c
We were able tcI ci Drnplete the Fee Sc.hedu.le update pt%ci jest.
You shiDuld have received these r %eports last week: alcing with
some sUggested tees and cjther prclpcfsed changes trc lrn Town
At t oyrney Perkins which Clint arid I agree with, support and
i
r�eccirnrnend.
The W H C U FR I oc%at i clr, and J enn,:i' s Re=_ -t a�_trant Pr %T �.j tecIL s were
:�_tffici --ntly ccirnpleted tc, permit Temporary Certificates of !
Occupancy. Remaining items requiring tl_trther ai_tentiot "i for a
Final Certificate of Occupancy fl:Orr bc-.ith are exterinr� Site
Wcork, specifically par�kirig lot si_trfac:.es, drainage �.:.ciritours
arid landscaping.
We
have
been wccrking
Mernbers
with
Attclrriey
Pe -skins
with a
Z irling
Variance
Dr yd erg
ccimpliance
vicflaticin
arid
a Multi
hi-Du:_ing
cede
viC,lation.
IicIth
cif
these
items cif
c Incerris
required
help
fr-'c
inl
cii_tr
At t cIr'rIey
which
yc
u Aut hcf'r
i zed
at the March
9L Bi-jard
meet
i rig a
Thank yc ij_t,
jb
• Henry M. Slater
CCo .James Schug, Dryden 1"c�wn S'upe-rvi -rrr
All Dr'yderi
TiDwri
Board
Mernbers
vaTtsanne
Lloyd,
Dryden
TcEvin Clerk.
Mahlon
Perkins,
Dr yd erg
Town At t clrney
•
N
TB4 -14 -92
page 7
At t y
Perkins
- available
- certificate
upon
of
permit hearing -
abandonment Red M
i l l Read
- copy in
• minute
back.
month
� �f March
- May 12th 7a30PM
Atty
Perkins
- Over
& Under
Piping
Contractors
- the Varna
pump
station
has finally
got all
of
their
documentation
work
in and
has
been
approved
by
Dave
Putnam
from
Hunt Engineers.
He
has
reviewed
everything
on behalf
of
the
town so this
final
payment
can
now
be approved
on this
project.
HIGHWAY SUPERINTENDENT
Hwy Supt Gilbert bid out drainage for repair work and guide rail
work.
RESOLUTION #109 APPOINT ECONOMIC OPPORTUNITY CORP._
Clm Hatfield offered the following resolution and asked for its
adopt ion
RESOLVED, that this Town Board appoint Gilbert Levine as the Town
of Dryden representative to the Economic Opportunity Corp. G
2nd Clm Corrigan Roll call vote - all voting Yes
RESOLUTION #110 ADOPT SCLIWC 199E WATER RATE
STRUCTURE �AMENDMENT
Clm Hatfield offered
• adopticne
RESOLVED, that this
structure amendment.
End Clm Corrigan
0
the following reso l Ut ion and asked for its
Town Board adopt SCL I WC 1992 water rate
Roll call vote - all voting Yes
FINANCIAL
REPORT
- available
upon
request
permit hearing -
JUSTICE
REPORT -
$11,086
for
the
month
� �f March
RESOLUTION #111 AUDIT VOUCHERS ABSTRACT #104
Clm Baker offered the following mowing resol ut ion and asked for its
adopticne
RESOLVED, that abstract #104 vo uchers #193 to #332 be paid as
audited exclUding voucher #226 and voucher #247.
2nd Clm Hatfield Roll call vote - all voting Yes
NEW BUSINESS
Schedule
special
permit hearing -
May 7th 7 :00PM - M Scholes
Schedule
special
permit hearing -
May 7th 7o15PM - 5 Star Equip
Town Board
meeting
- May 12th 7a30PM
Adjourned: 9 e 30PM
Susanne Lloyd
T� awn Clerk
�P V