HomeMy WebLinkAbout1992-08-11V/
TOWN BOARD MEETING
PUBLIC HEARING
LOCAL LAW #2 - 1992
AUGUST 11, 1992
i
SUpv Schug called the meeting to order at 7 e.�Opm
SUpv Schug read the notice that was published
concerning
pri posed Local Law #2 - 1 992 to pr'
restricting vehicles and mr. 1t izir vehicles froril
property. r. iwned by the Town of Dryden. (copy i
QUESTIONS AND /OR COMMENTS - none
Closed public hearing - 7:40PM
TOWN BOARD MEETING
AUGUST 11, 1992
in the newspaper
wide for
the former railroad
n minUte book)
Supv Schug called the meeting ti -.i order at 7e40PM
Members and guests participated in the Fledge of Allegiance
Roll call was by Deputy Town Clerk Koelsch
Present 0 Supv Schug, Clm Roberts, Clm Baker, Clm Hatfield,
Atty Perkins and Z.O. Slater
•Absent .m Clm Ci.-jrr i gan and Ti.- mr, Clerk L... l � �yd
SUpv Schug appointed Clm Baker to audit the highway bills in the
absence of Clm Corrigan
Motion was made by Clm Robert s and 2nd by Clm Hatfield to approve
the minutes of 7- 14 -92. Carried
CITIZEN PRIVILEGE OF THE FLOOR
Fran Prochazka - gave board members a letter requesting a zoning
change r.in Rt 1 It is zr.ined residential at the present time and
there is no interest in that location. She would like it changed
to commercial like the other property in that locat ic:1n. She is
only interested in charging the zi.ining to commercial for the one
parcel that she owns, which is near the mobile home park since
she cannot sell. it as a residential piece of property. I t was
previously-all commercial prc.iperty alc.ing Rt. 13 until the 1970's.
Clm Roberts - wondered if the whole area should be considered for
a zoning change and rn_it Just one piece of property.
Supv
Schug -
the Town Board
will
submit
this
request
to the
Planning
Beard
for their review
and reqUest
that they
review it
and return
it
to the Tr.iwn
Board
in the
next
month
or
so.
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NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW NO., 2 OF THE YEAR 1992
LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town
of Dryden will hold a public hearing at the Town Hall, 65 East Main
Street, Dryden, New York, on August 11, 1992, at 7:30 o'clock P.M.
prevailing time, to hear all interested persons for or against a
proposed Local Law which would provide for restricting vehicles and
motor vehicles (except for authorized emergency vehicles and
certain permitted vehicles used by handicapped persons) from that
portion of the former railroad property owned by the Town of Dryden
or under license to the Town and running from the Village of Dryden
line southeasterly to East Lake Road . The local law provides for
penalties for persons convicted of violating its provisions.
The complete text of said Local Law is available from the Town
Clerk 65 East Main St. Dryden, New York 13053.
Town Board of the Town of Dryden
by
Susanne Lloyd, Town Clerk
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RESOLUTION NO. 139 - 1992
Councilperson Hatfield offered the following resolution and
asked for its adoption.
ACCEPT OFFER OF DEDICATION OF HARTWOOD ROAD
WHEREAS, the Town of Dryden Planning Board has approved the
subdivision for Precision Builders, Inc., Bruce Barkley, Ernie
Bayles and Christopher Stoscheck, known as Hartwood Road
Subdivision in said Town, and
WHEREAS, the road to be designated as "Hartwood Road" has been
partially constructed according to Town specifications and such
construction to date has been inspected and approved by the Town of
Dryden Highway Superintendent and has been inspected and approved
by the Town Engineer, George Schlecht, and
WHEREAS, the Town Highway Superintendant has issued his
opinion in writing dated August 10, 1992 and the Town Engineer has
issued his opinion in writing dated August 11, 992 as to such
construction, and has estimated the cost to complete the required
improvements and construction of the same to Town of Dryden
specifications including the proposed Town road to be known as
Hartwood Road and the siltation pond to be constructed on a portion
of Lot #5, and
WHEREAS, the developers have offered to dedicate said road to
the Town of Dryden as and for a Town road prior to its completion,
and have not yet furnished to the Town Attorney all the necessary
documents and deed to convey the same to the Town as a Town
highway,
NOW, THEREFORE, BE IT RESOLVED by this Town Board that the
road shown on the plans (8 sheets) entitled " HARTWOOD ROAD
SUBDIVISION, TOWN OF DRYDEN, TOMPKINS COUNTY, STATE OF NEW YORK"
made by T.G. Miller, P.C., Engineers & Surveyors, dated October 11,
1991 which plans are incorporated herein by reference, be and
hereby is (subject to the completion of the conditions hereinafter
set forth), accepted as a Town road and the same is to be added to
the official Town map, and the Town Highway Superintendent is
authorized to place the appropriate road signs thereon and to take
any and all steps necessary to maintain said road as a Town road
from the day the conditions hereinafter set forth are fulfilled,
said road to be known as "Hartwood Road ".
This resolution and acceptance of the road are specifically
conditioned and contingent upon the following.
16 The developer is to pay all costs necessary in connection
with filing of the map, deed and other documents including all
abstract and related costs and reasonable fees of the Town Attorney
in reviewing said documents and the sufficiency thereof and for
_ their compliance with Town of Dryden requirements.
• 2. That until such time as the taxable status with respect
to said road is changed to reflect its use as a road, the developer
pay all real estate taxes assessed on said road.
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3. That the developer warrant materials and workmanship in
the construction of said road for a period of one (1) year from the
date of final completion of the road such date to be certified by
the Town Highway Superintendent and such completion shall be deemed
to occur not prior to the execution and delivery of a deed and
other necessary title documents to convey the same to the Town.
4. That such acceptance shall not be effective unless and
until the developers have furnished to the Town Attorney the
necessary abstract of title, survey, road profiles and all required
documentation to convey the same to the Town of Dryden and
indicating a good and sufficient marketable title to the road and
all of which is to be the satisfaction of the Town Attorney.
5. That the developer file with the Town Clerk a bond, cash
deposit, other certified funds, or a letter of credit in the amount
of $20,000.00 to cover the completion of all required improvements
to said road, including the construction of the siltation pond on
Lot #5 in said subdivision all such improvements to be completed by
September 30, 1992. Such security be in a form acceptable to the
Town Attorney and be for a period of not less than one (1) year.
The developer shall be responsible for compliance with all
conditions and costs of completion and acceptance by the Town if
the amount of the letter of credit is not sufficient to cover the
same.
6. That the Town will have until August 1, 1993 to draw
against the security posted by the developer if the developer
defaults in any of the requirements or conditions of this approval.
7. Title to the proposed road shall be conveyed to the Town
on or before the final approval of the aforementioned subdivision
plat and its filing in the Tompkins County Clerk's Office. The
completion of all required improvements to be according to the Town
of Dryden Specifications and certified by the developer's engineer.
Seconded Councilperson Baker.
Roll call vote - all voting Yes
"T88 12 -92 page
• I=ran prochazka - if there is a public hearing she wi::tuld like to
be notified ahead -.if time since she has t o come from Baltimore,
Maryland and her fall teaching schedule starts early in
Sept ember.
Bruce Barkley - asked the Town Esc Jard to � accept are escrow account
so that he carp set Up his subdivision filed with the county
clerk. Since the last meeting he was issued a b1_iilding permit so
he could proceed with one of his ci..ist� mers. The road has
progressed, but the weather as held him back.
At t y Perkins - the board members have a letter fr0m Hwy Supt
Gilbert and Engineer Sch1echt regarding the status i.-if the
completion of Hartwood Rd.
RESOLUT l OIL #k 139AC *CEP - *, f OFFER OF DEDICATION
OF HARTWOOD ROAD ^
Clm Hatfield offered the following resi_Ilutic.ln and asked for its
adopt ionno (copy in minute book)
2nd C 1 m Roberts s Ro 1 1 call vote - all voting Yes
{hark Allen - he has heard from C 1 rn Roberts that the Town Board is
ciz ins i der i ng to rescind the snowmobile ordinance. He would like
the board to know that he is totally ly against rescinding this
• ordinance. He is a representative of the New York Snowmobile
Coordinating Group and he is the coordinator in Tompkins County.
He also �, belt_1rigs to the Dryden /Carol ire Snowmobile le Club. He does
feel that the present snowrin -.1bi le ordinance does need sortie
updating from 1972. He would not like to see this rescinded and
if anything strengthened. There are plans for a statewide
corridor system. Statewide being vi_Jluritary m unicipal it ies, clubs
and non state i nvi.- i 1 ved trails.
Supv Schug - the reason this was decided was a recorimendat ion
from
our
insurance
carrier.
Atty
Perkins dues
riot feel
from
a
legal
standpoint
the
town
holds
any additional
liability
i f a
road
is
used fi
�r snownllW1bi 1
ing.
Maybe you could
work
with
Clr1i
Roberts
and go
over the
list
of
roads that are
used
in
the
Ordinance
and
change
the ones
that
are more heavily
traveled
and
add
sortie
that
are not
heavily
traveled.
Mark Allen - or, the insurance issue, NYSCG has an insurance
carrier which makes insurance available to each club for
designated trails, which will eventually go to secondary trails.
Such as they have in Tompkins County primary trails will hold a
policy of r. 1ne million di_111ars. He has been in NYSCG fc-ir., 5 years
and has never been able to make town rlleet ings, but he has been to
the county planner sue.i they do knew that the club exists. He is
having trouble in getting the snowm� 1bi lers r. irgani zed in Tizimpkins
COI_int y. There has been art increase of snowrilob i l e registration
over the last 7 years.
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T88- 11 -92 page
SI_apv Schug - appointed Clm Rr.iberts to go over the list izif roads
in the present sric. mmobi le ordinance with Mark Allen.
COUNCILMAN PRIVILEGE OF THE FLOOR j
I
Supv Schug - Clm Roberts requested that the town move forward �
with Chris O' Conn Or' s suggestion and recommendation that the fire
companies use Knox Di.- fixes at public buildings. Clint Co uteri l l had
a question about ti_1wri liability.
�
Clint
Critteri
l l
- he
has
a pri
.-ibleri7 with
mandating
something like
this.
companies,
He thinks
but did
that it is
riot think
a
wr.inderful
this should
idea for use
be mandated.
by the fire
Clm Roberts - he was asked to check into the liability quest ion,
and Atty Perkins and our insurance representative agreed that the
town has no liability. At this time he is reporting ing back that he
is willing to continue on with the process if the board thinks
that this is something that they should pursue.
Clint Cot t er i 1 1 - the Dryden Fire Co .-impany is riot aware of any
places having the knox boxes, but they have sent out literature
t� � business and private individuals wh!, have automatic alarm
systems. He has nizit heard of any being hooked up. Dryden is j
making it available but they are riot pressuring anyone.
Atty Perkins - the town would not be liable because we dc1 not
provide the service.
Supv
fire
Schug
company
-
this ci Auld be a
or suggested by
recommendation that is made by the
the zoning officer.
Henry
Slater
- as far as he
can find it is not required that you
have
a kn1::1x
box, it is a voluntary
program. �
There was some discussion and the town board felt that the fire
companies should work independently with the individuals instead
of town legislation. SUpv Schug will nC it ify Chris O'Connor of the
boards decision.
ATTORNEY
Atty Perkins - ACC franchise renewal - ACC wants a provision in
their franchise that if the town grants the franchise to another
cable supplier and any another s'_ippl ier of a television signal
that the franchise terms riot being more favorable than they are
with ACC. That is a change from the existing peal icy that the town
has franchises non exc1Usive. The town has always reserved the
right to grant other franchises. They are concerned abi_nut the
telephone company getting into the business j.-jf supply television
signals. They are cr.incerned that they will not be able to compete
with there. From the towns pi pint of view there is n o incentive to
get anybody else to provide that service. You are talking about a
T98- 11 -92 page 4
utility that has a monopoly and there is no way that you can
promote competition if you are br.iund by contract in a franchise
with them to make surme that every franchise has the same terms.
He would recommend that the gown reserves the right at arty time
to grant additional franchises to anybody zin arty terms that we
deem fit.
Supv Schug - you have to � consider^ the cost to people along a road
that would ni -.it meet the franchise requirement yet they have
telephones that would never be able trJ have cable television
without a big expense. The ether thing is that we have two
telephone companies in the town that have the fibre i::iptics that
would allow carrying the television picture through the phone
lines into the home, which covers a gr.i od share of the town that
is out in the rural areas. The town has to think about those
people and ACC's pos i t i on.
t.1 m Roberts - this w i l l also be a 1C.) year contract with ACC, so
if the town decided to make arty other ciantracts the same, this
will lock _is in for 10 years. The technology that we know about
right now, but any technology t hat is developed riiay riot be
available to the tcown. The 10 year contract is a recommendation
of the state commissii_in and this is what we have been working
with.
40 Clint Cot t er i 1 1 - when he was town supervisor there were many
petitions from people wanting cab 1 ev i s i c,in where they lived and
they begged for cable service. Sir. Baurle and himself both
offered the cable company $29000-00 a piece to bring it up to
their area. It is within 4 poles of Dr. Baurle's house and they
absolutely refused, so he dyes not think yoU would be dueling the
citizens .justice if you give the cable company exclusive rights.
ACC has absolutely refused to extend service and this has been
going ors for years. It has been a long fight and there are a lot
of people in the rural area that Would have paid for it. He is
still paying the cable company for the picture even after he has
purchased a satellite dish. He does riot have arty sympathy for the
cable company. He thinks that it time that the citizens got
something frjr their efforts.
Atty
Perkins - he
recr.immended that
Clm Corrigan
and Clm
Roberts
dime
issue.
back to
The
the
committee
beard for
has worked
their
input
out
since
all of
this
the
was a
rzither details.
big
You
have
wants
would
to keep
the town
be :in
in mind
to
terms
that it
put in a
that are
is
provision
riot
not
more
are exclusive
that
favorable
arty other
than
franchise.
franchise
the terms
ACC
they
have.
RESOLUTION #140 ACC FRANCHISE
Clm Hatfield offered the fi:illowing resolution and asked for its
is adoptions
RESOLVED9 that
that this will
1 irilitat i ons.
2nd Clm Baker
this Town Boards decision for ACC Franchise
be a non exclusive franchise and there will
Roll call vote - all voting Yes
. -- S #
is
be no
9y
v
(Use this form to file a local law with
161 WASHINGTON AVENUE, ALBANY, NY 12231
e Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
3'
• a"
. Dryden den
Town of 0.111.......... y... .
........................................ ...............................
.......................
Local Law No.
................. ...422
6.
... a .... .................. of the year 19 9,2....
relating to motorized vehicles
A local law ................. (Ins ...... ert ............ Tikle .. ) ......................... ...............................
............................................... ...............................
Be It enacted by the Town Board
........................ .........0..................... .............................. .............................of the
(Name of Legislative Body)
MOULM
Townof ........ ........Dryden .......................
YMM
CJ
•
.......................... %..a . I I I I . I I I I I
................
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
cl)
DOS -239 (Rev. 7/90)
A
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SECTION 1. DEFINITIONS. For the purposes of this Local Law
the following terms are defined as follows:
A. Authorized Emergency Vehicles. Every ambulance, police
vehicle, fire vehicle, civil defense emergency vehicle, emergency
ambulance
vehicle,
service vehicle,
hazardous materials
environmental emergency response
emergency vehicle and ordinance
disposal vehicle of the Armed Forces of the United States.
B. Motor Vehicle. Every vehicle operated or driven which is
propelled by any power other than muscular power, except (a) an
electrically driven mobility assistance device operated or driven
by a person with a disability, (b) authorized emergency vehicles
and (c) vehicles used by Town of Dryden personnel in connection
with maintenance, repair and replacement. For the purposes of this
Local Law vehicles shall also include a snowmobile, all terrain
• vehicle farm type tractors, farm equipment, self - propelled
machines and self - propelled caterpillar or crawler type equipment
including off highway motorcycles, motorcycles, motorbikes and go-
carts.
c. Vehicle. Every device in, upon, or by which any person
or property is or may be transported or drawn.
For further definition and clarification of certain words and
phrases used in this section of this Local Law, refer to the New
York Vehicle and Traffic Law,
SECTION 20 RESTRICTIONS. No person shall operate any vehicle
or motor vehicle (except authorized emergency vehicles), either
licensed or unlicensed, on, over or along that section of Town of
Dryden property commencing on the south line of the Village of
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Dryden and extending generally southeasterly to the bounds of East
Lake Road and intending to describe that portion of Town of Dryden
property or property under license to the Town of Dryden from The
People of the State of New York constituting a portion of Dryden
Lake Park. The provisions of this section shall not apply to an
individual who has been issued a permit by the Town Clerk of the
Town of Dryden to use a vehicle or motor vehicle for transporting
a handicapped person on, over or along such restricted property.
SECTION 3. HANDICAPPED PERMIT: The Town Clerk of the Town of
Dryden is hereby authorized to promulgate.rules and
forms and permits for issuance to duly qualified
regulations,
handicapped
persons to operate vehicles or motor vehicles in Contravention of
the provisions of paragraph 2 above.
SECTION 4. PENALTIES.
Any person convicted of violating this Local Law on the first
such conviction may be punished by a fine not exceeding $250.00 and
by a period of imprisonment not exceeding fifteen (15) days. Upon
a second such conviction of said person the fine shall not exceed
$500.00 or and /or ninety (g0) days imprisonment and for a third and
all subsequent convictions of said person the fine shall not exceed
$1,000.00 and the period of imprisonment shall not exceed one (1)
year for each such conviction.
SECTION 5. WECTIVE DATE.
This Local Law shall take effect upon its adoption and filing
as provided by law.
(Complete the certification in the paragraph thapplies t a to the fillnQ of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2
of the Town)PAMX of Dryden of 19 92
Town Board on August 11 was duly passed by the
(Name o gee atrve y
l9 —, in accordance with the applicable provisions of law.
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
.ky the Elective Chief Executive Officer'.)
I hereb certify that the local law annexed hereto, designated as local law No.
of the (Co ty)(City)(Town)(Village) of
on 19 and was (approved)(not disa
Name of vs ative o y —'
disapproval) by the and was deemed duly ado
tive Chief Executive Officer
in accordance with the a icable provisions of law. /
3. (Final adoption by referendum.) � z
I`hereby certify that the local law annexe
of the (County)(City)(Town)(Village) of _
on
Name of Legislative Body
•disapproval) by the
ereto, designated Olocal law No
and was (app
was
on
,efL_ of 19_
ly passed by the
)(repassed after
19_,
of 19
was duly passed by the
)(not disapproved)(repassed after
19 —. Such local law was
submitted to the people by reason of a (man ory)(permissiv referendum, and received the affirmative
vote of a majority of the qualified elector: oting thereon at the eneral)(special)(annual) election held on
19 —, in accordance the applicable provisions law.
4. (Subject to permissive
referndum.) �
I hereby certify tha
of the (County)(C
Brr
dum and final adoption because no valid petiti was filed requesting
,t'fie local law annexed hereto, designated as local law No. f 19
)(Town)(Village) of o —
on 19 was my passed by tile
�-- ---- —, and was ( approved)(not disapprove epassed after
disappro ) by the on 19 \
Elective Chief Executive Officer Such local law w
per issive referendum and no valid petition requesting such referendum was filed as of
i accordance with the applicable provisions of law.
ubject to
i
19� ,
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or if there be none, the chairman of the county legislative body, the mayor of a city
4aws. r il lage, or the supervisor of a town where such officer is vested with the power to approve or veto local
or ordinances.
(2)
50��c local law concerning Charter revision proposed by petition.)
I hereby certl hat
of the City of
the provisions of sec
of a majority of the
i 19_
the local law annexed hereto,
lion 7) of the Municipal
qualified el e of such city
became operativ . `
designated as local law No,
having been submitted to
Home Rule Law, and having rece'
voting thereon at the (spec' genera
6. (County local law concerning adoption o arter.)
Of 19
,ef dum pursuant to
the affirmative vote
election held on
I hereby certify that the local law exed hereto, designated as local law No. of 19
of the County of , State of New Yor c, ving been submitted to
the electors at the Ge Election of November 19 , pursuant to subdi ' ' Ps 5 and 7 of
section 33 of. t unicipal Home Rule Law, and having received the affirmative vote of a major f the
qualifie ctors of the cities of said county as a unit and of a majority of the qualified electors of the s
o td county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I , above.
%.•ierx of one vounty legislative liW, City, own o illage Clerk
or officer designated by local le sative body
Susanne Lloyd, Town Clerk
(Seal) 4 Date: August 12, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF _TnM —DVTNR
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of tlo local law annexed h"eto,
�Awa "W"" Mahlon R. P+kins
Town Attorney
Title
l`.9u.lrcr7
of
Town
X�A
Dryden
Date: August 12, 1992
(3)
76.0-
TBB- 11 -92 page 5
Atty Perkins - SCL I WC there were some procedural questions and
• there were regulations that were in cc-inflict with the
i nt ermun i c i pa l agreement which have all been worked out. He will
have a proposed local law ready for the Sept. board meeting.
i
Atty Perkins - short executive sessir.in regarding George Shank and
Roy Rizzo.
Atty
INTRODUCED
Perkins
- still
waiting
PERTAINING TO
PIERMITSg..INSF'EC:TION
from
& FEES; UNDER THE
the county regarding the
qualified
OTHER
_UNIFORM
LOCAL. LAWS �
following
abandonment
of
resolution
Mineah
and
Read.
Atty Perkins - gave beard members proposed zoning ordinance
amendments and proposed local law for change in fee schedule
t
which were discussed in July. Effective 7 -1 -92 the Ti.-jwn Law was �
amended. Previously, the only time the town board needed to
establish a procedure about adopting ing an ordinance was when they
adopted the initial zoning ordinance. Amendments were done as
they were needed. Now, the town board mUst provide for a manner
in which the regulat ions, restrictions and fillings .If such
districts including any amendments thereafter shall be
determined, established and enfi arced. This procedure which you
must establish is sUb.ject to its i.iwn public hearing. Before the
board car, cr.1ris i d er any z 1:: 1n i ng amendments he would like the town
beard to appoint a committee to work with him to set up a
procedure. The town br.iard would have to held a public hearing on
that prop sal. After the board apprcves that, then you are free !
• to make the amendments. This does not apply to the local law
having to do with the fees.
0
Y
Supv SchUg - appointed Clm Baker, Z.O. Slater and Asst. Cotterill
to work with Atty Perkins for procedures to follow for zoning
changes.
RESOLUTIOrd #_141
INTRODUCED
PROPO_S_EI7 LOCAL_ LAW
#t3
- 1992
PERTAINING TO
PIERMITSg..INSF'EC:TION
& FEES; UNDER THE
FIRE PREVENTION __BUILDING CODE &
OTHER
_UNIFORM
LOCAL. LAWS �
following
SCHEDULE PUBLIC
,ORDINANC:ES_g
HEARING
resolution
and
asked for its
ad�.�pt
i� �r�, (copy in
Clm Roberts offered
ads apt ion
RESOLVED, that this
proposed Local Law
:.'rid Clm Hatfield
the following rest.ilution and asked for its
T• iwn Briard schedule a
#u - 1 992 at 7 an ' 0PM or,
Roll call vote
public hearing for
Sept. 8, 1992
- all voting Yes
RESOLuT I ON
RELATING
#142 LOCAL LAW_ #B -• 1992
TO MOTORIZED VEHICLES � -
Clm
Roberts offered the
following
resolution
and
asked for its
ad�.�pt
i� �r�, (copy in
minute
book)
2nd
Clm Baker Ri.il
1
call
vote
all
voting
Yes
r
rAMN
T88- 11 -92 page 6
• Atty Perkins - reported :in the status � if the - enforcement of Town
oa f Dryden vs Carlos Stetson and the Town o �f Dryden vs Irene
Dennis. The town has obtained a .judgement from the Supreme Court
Enjoining both of theril from continuing the violations ins on the
property and ordering that they remove all of the offending
material within 60 days of the service of copy of this with
notice which was served on 8-10-92A
'.
Atty Perkins - Turkey Hill water and sewer update - he finally
heard fro1ril the State Co1nlptroller's Office on the application
pending before them. The State Comptroller has taken the position
that the state law is different than what our bend council
believes it is and different than what he believes it is and
different than what he set forth in his opinir.in he sent to the
State Comptroller. There is a legitimate difference of oopinion
upon which reasonable at t oirneys or legal minds core_{ l d disagree.
The State Cornlptrorller is saying that it doesn't matter if it is
reasonable, they think. they are right. In order for get by that
position he wr! rte to Senator James Seward. Senator Seward was
kind enough for goy for bat for us with the Corrtlptroller, but they
are adamant in their position and they are relying or, a Court c �f
fppeals case called Hessler. There are two alternatives and one ;
is tin. Dille the State Cormptrorller° on his decision not for approve
the district or we can go back for the drawing board and have
another referendum. Town Law says that only the r;wners of taxable
real property within the district may vote. there is a Court of
Appeals case from the mid 1970's called Wright vs the Town of
Carlton. In section rn `09e Town Law was found for be
U nc� r st i t ut i rna 1 and went to the Court of Appeals. It was found
unconstitutional because 'D f the constitutional concept of One man
and one vote. If you live within the proposed district YOU are
affected by the outcome of the vote. Therefore, Wright stood for
the proposition that all qualified electors, that is if you are
registered tot vote arid live within the district, all owners of
taxable real property whether you live there or not and all non
qualified electors who are citizens and over the age of 18 arid j
have lived there for 30 days are eligible to vote. In the mean
time, the Court of Appeals decided a case called Hessler which
Hessler involved different procedures under the Town Law. It had
to do r with the cornsol idat iorn • rf two existing water districts in
the Town cif Gui lderland. Hessler stands for the propo1sit ic.in that
in that particular proceeding where there is nrzr effect on the
users or people benefited by the water district it is okay to
limit the franchise for only those owners of taxable real property
within the district. They discussed Wright in the Hessler opinion
and they did not over rule it.
Supv Schug - there are 68 other proprwrsed water and sewer
districts being held Lip for the same reasi.-in. The board could sue
the State Coimptrorl ler which will take about iii years or we can
have another her vo rte of just tst property owners. The town could have
another meeting with .just the people who live in the Turkey Hill
water and sewer area. This is the only thing we can do in a
reasonable amount of time, oir we can do nothing.
•
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1'B8 -11 -92 page 7
Supv SchUg - we should schedi_il
Turkey Hill water and sewer di
vote to approve the water and
Atty Perkins - has some propC
amendments, the local 1 aw hav i
ho rile park Card inance he will g i
to the town engineer.
e anot
strict
sewer
ed cha
rig to
ve t C
her public hearing
and after the publ
district.
ages for the zoning
do with fees and th
board members after
for the
is hearing
e mobile
he talks
�7
RESOLUTION _ #143 SCHEDULE PUBLIC HEARINGS FOR PROPOSED
LOCAL LAW #4 SEWER USE REQUIREMENT
AND LOCAL LAW #5 LOCAL POLLUTANT LIMITATIONS �
Clm Baker Offered the following resolution and as
adC apt ion:
RESOLVED, that the following local laws be introd
schedule public hearings: Local Law #4 Sewer Use
7 :40PM or, September 8th and Local Law #5 Local Pl
Limitations ins at 7:50PM Ciro September 8th.
2nd Clm Hatfield Roll call vote - all vot
TOWN ENGINEER
ked for its
aced and
Requirement at
11utant
ing Yes
George
Schlecht -
update
of Official
town
map
will
be
Can computer
to show
all
of the
reads
that
exist.
NYSE
&G is
doing
a
computerized
map � �f
Tompkins
County
and is
being
done
with the
cooperation
of the
county.
This
should
be
done
within
6 mi. -inths to
a year
arid will
be
made
available
directly
to
the
town
or through
the cC
unity.
George Schlecht - AbbCAt Rd. there are a couple of issues, one of
which there are two parcels that parallel the proposed road and
adjacent properties. One parcel is a strip that is to be retained �
by someone, thus cutting off access from that property to the
proposed road. The board should consider this. The map is drawn
with a 6.0 foot strip and the reserved strip Can a map is mute as
far as to what the intention is along that strip. The rather
parcel is adjacent to the proposed road and what would be the
WHCU building.
Supv Schug - we should have access all along the road with no
interference.
ZONING OFFICER - monthly report given to board members. He gave
board members copies of possible approval for CO Jerina' s
Restaurant. Glebe's are giving hire a time table of completion on
some major issues and asking for some relief Can some of the Cutler
issues.
•
CI
Date: AugList 6th, 1992
T James Schur],
Dryden
Town Supervisor
65 East Main
Street
Dryden, New
York
13053
From: Henry M. Slater, Z_i_1ning & Building Cede Enforcement Off.
65 East Main Street
Dryden, New Yc qrk. 1.3053
Sub. a July ' 92 Z ning Building Enfl_1rcement Activity
Dear Jim:
Building Permits Issued, (13) which are described as
f o 11 ows.
A -1 New Starts (`:)
A -1 Demolish & Rebuild Single family horne (1 )
A -1 Single family, Convert, Extend or Reny ovate
existing Home Sites to Living Area (`)
C -4.1 Erect Private Garage (5)
C -7 Miscellaneous ( 3 )
Private Swimming Pr.-Ic_i1 (2)
Erect arid attach exterior private home deck. (1)
Certificates _if Occupancy and Compliance.
Certificates of Occupancy (2 )
Tempi Crary Certificates of Occupancy (0)
Certificates of Ci .-Impliance issued. (`)
Fire I rivest i gat i runs.
There was (1) Fire Investigation conducted, which was another
st rUct _ire fire. It will require demolition & disposal.
MUltiple Residence Inspections (1)
Fire Safety Inspections of Public/Businesses (2)
Horne Day Care Fire Safety Inspections (1 )
Zoning R: :lard of Appeals Hearing Req nest s e (1 )
A pry Bpi :1sed Ni.- Ft i ce If Decision is attached.*
•
•
•
Page 2
# I Although W i 1 c� •x Press continues under a Temps::irary C.O.,
progress is
being made.
]he
Uccupancy
v i o
1 at
i on nas
been resolved.
On July
320th,
a plea
of
guilty
was
entered by Wileox
was assessed
that this action
Press
by the
would
Dryden
Attorney. A
Town Court.
clear the way
fine
to
It
close
of
would
$ '44Cr.00
appear
out this
pro.j ect .
#2w Jenna' s Rest aUrant • a 1 so continues under a Temporary C. O.
which we have urged the owners to complete by summer's
end. Fc-jr the purpose of review, Engineer Schlecht and
myself visited the site. During this review, we noted
several inconsistencies within the approved site plan.
Since neither Engineer Schlecht or myself had authority
to approve site changes, we suggested that Jenna's
owners appear at the next Town Board Meeting to request
approval of such changes.
/w 9&
Henry M. Slater
cc : A 1 1 Dryden Town Board Members
t anne Lloyd, Dryden Town Clerk
Mahlon Perkins, Dryden Tr. iwn Attorney
NOTICE OF DECISION
TUESDAY JULY 70 1992
•
A public hearing to consider the application submitted by EDWARD STEH of
305 Oak Avenu, Ithaca, New York to obtain A variance to construct an
Accessory Structure without first having a primary structure on their
property at or about 11 Dodge Road, Ithaca, New York: He is requesting a
variance to Section 500.1 + Appendix A of the Dryden Torn Zoning
Ordinance.
A public hearing was duly conducted by the Town of Dryden Board of Zoning
Appeals on Tuesday, July 7, 1992 with members presents Chairman Francis
DiTommaso, Dominic Bordonaro, Joseph Jay; Alan LaMotte; and Ann Everett.
FINDINGS:
i. The primary structure was not scheduled to start for three to
four years.
2. No-building permit for the primary structure was on file.
A motion was made by Ann Everett that Edward Steh of 305 Oak Avenue be
denied the variance as requested.
Second to the motion was made by Joseph Jay.
VOTE YES (5) F. DiToAmaso; b: 96 ^donaro,
J. Jay, and A. LaMotte
NO (0) ABSTAINED
DECISION: VARIANCE DENIED
6 r
A. Everett
Respectfully submitted,
Francis DiTomieaso, Chairman
`t'S %8 1I -9w page 8
• Mr. Glebe - requested that the parking lot 11M1cat ilzin and
.landscaping be changed fri.-im originally submitted. Since
parking lot is not blacktopped at this time people are
closer to the building than was originally proposeds
the
parking
The board went 1 -Dver all -.if the cond i t i � ins o
1 . & 2. The final grading w i l l be completed by 8- 31 -92. They have
a few mounds of topsoil remaining that they are using for their
landscaping needs. When the landscaping is finished, the topsoil
mounds will be depleted and smoothed out. They are meeting with
Ron Cornell to � go over the ci xiiplet ion of their grading. His
Opinion cIf the rip rap of stone is unnecessary. By simply
planting grass � �r ground foil will ci.- tritrol any erosion that might
,_Iccur. - Boards decisic.in - grade to final coritc. curs is all
right to eliminate the rip rap.
3. The parking lot design changed primarily due t0 the parking
habits imif their patrs :ins. They found that they want to park as
close to the building as pi_Issible. The have the same amount of
parking, but just rearranged. - Boards decision - the change
in the parking is all right
4. The landscape plan has been changed to coincide with the new
parking 1c1t design. - Beards decision - all right to dr.i.
• `,. Secondary driveway was established by the trucks hauling fi11
for the Village of Dryden bridge project. They asked them rn_it to
use their newly paved driveway. He called NYSDOT since he does
not own that ar ^ea and canna -.1t put up any type of barrier. He
suggested that the state put Lip a few of their deer reflector
p��les. - B� yards decisi� �n - must be eliminated by best
ri7etht.-id pr.issible.
G. They moved the patio area more t� � the front c- if the building.
Board decision - this was all right to change.
7. They talked with NYSDOT about their original driveway and they
found that JUSt a simple 37 feet paved driveway was adequate
because of the growing number i_If tractor trailers entering the
lot. Any type c -if median would become a hinderance to their
maneuverability. Any lanes that are painted in are gone in the
winter. The traffic flow cif our large driveway has been working
fine with n o problems entering izz it exiting. NYSDOT inspected their
driveway Dn July 8th and found it to be satisfactory. -
Boards decision - Supv Schug, - if the state says that the
median does rn:
'l'E{8 -11 -9E page 9
George Schlecht - if the state says that they are nn.-It going to do
• anything with the ditch then John Glebe will have to repair it.
It is a potentially dangerous situation and he di_Jes riot care what
the state says, it shi Auld be cleaned up.
•
•
Att_y Perkins - the issue is t• i get rid of the temporary driveway
and be in compliance as clrisely as possible at this stage to the
site plan review.
Z.O. Slater
be ni awed.
It
- sent
was in
Wile,,x Press
the approval
a written
that
request
it be
that
rni_med twice
the mound
during
the growing
40 KEY DIESEL
season
and at this time
it
has
not been
mowed.
HIGHWAY SUPERIN- rENDENT
Crandall Truck.
& Equipment
a l si -.1
gave a firm price of $50.00 a ton
for remr.lva 1 i_i f
any cont am i
rat ed
so i 1.
RESOLUTION
# 144
ACCEPT LOW BIDS
OF 1 70i y GALLON
GASOLINE ABOVE
_ ,1�i
THE GROUND ; i a,.i �t_)i y GeLLC1L D I ESEL
__T''ANK _1
-ABOVE GROUND TANKS :C?_ KEY
._
GAIDOL_I NE PUMP U
40 KEY DIESEL
PUMP
AND REMOVAL.
OF UNDERGROUND TANKS
Clm Roberts offered the following resolution and asked for its
adopt ions
RESOLVED, that this T•iwn Board accept the following low bids: Bid
#1 - 19000 gallon gasoline tank, Crandall Truck. & Equip for
$3, 168, 0 7 a Bid #mow - 10,00C) ga 1 1,zon diesel tank, Cortland Plump &
Equip. Inc. for $16,336.32, Bid #3 - 20 key gasoline primp,
Crandall Truck & Equip. fi_Ir $3965000009 Bid #4 -- 40 key diesel
pump, Crandall Truck & Equip. for $3,550.005 Bid #5 - removal
of underground tanks, Crandall Truck & Equip. for $4, 5CY) also a
firm price of $50.00 per t• in fr_ir removal :if any contaminated
soi 1.
2'nd C l m Hatfield Roll call vote - all voting Yes
CORRESPONDENCE
Letter from Jack & Helen Fi -ird - on behalf of the residents cif Oak.
Brook Dr. thanking the town for the prompt attention given to
their problems. They are still unhappy with the trash bl_ii ld up
behind Shew Furniture and this is are on going problem.
SUpv Schug Henry and Clint will keep an eye on this trash build
up problem.
Letter from Learning Web
Dryden Police report
T.
0
E
0
TB8 -11 -9E page 10
DISCUSSION
Supv Schug - Letter, from Team Bonn who is -.In the Citizens Advisory
Committee - his term expires in 1 393. Since he is mewing out of
the area he will serve on the committee as long as the town wants
him to.
Supv Schug - Cortland land Rdu water district - is mewing forward and
there are still some questions that have to be answered. There is
more engineering work to be dune to finish up the project.
RESOLUTION #145 APPROVE ADDITIONAL. MONEY . FOR
CORTLAND_ ROAD WATER DISTRICT
Clm Baker offered the following resolutir-in and asked fear its
adoption
RESOLVED, that this Town Board approve add i t i tana 1 mr.iney for
�r
Cortland Road water district not to exceed $5j0('.)('.).00
2'nd C l rn Hatfield Roll call vote -• all voting Yes
SiApv Schug ° Clm Carrigan and Clm Hatfield audit town books
before Sept 4th.
Supv Schug - will check the status of the proposed cl.rltl.rral and
recreation center.
Insurance loss cant ro 1 report - available to board members
RESOLUTION #146 APPOINT- CHAIRPERSON TO Z BOA
Clm Baker offered the following resolution arid asked for its
ads apt ion
RESOLVED, that this
to Zoning Board
Town Board appoint Ann
of Appeals to replace Fran
Everett
DiTommaso
as chairperson
who
resigned.
resolution
and
End Clm Hatfield
Roll call vote -
all voting
Yes
RESOLUTION #146 APPOINT ZBOA _MEMBER
Clm Baker offered the fol l• iwirig resolution arid asked for its
adoptions
RESOLVED, that this T1 awn Board appoint
vacancy gar, the Zoning Board of Appeals.
End Clm Hatfield Roll call vote
Charles Hanley to fill the
- a 1 1 vot i ng Yes
RESOLUTION #147 AUTHORIZE HWY _SUPT C I LBERTW
TO ATTEND �HIGHWAY CONFERENCE -
Clm Hatfield
offered
the following
resolution
and
asked for its
ads apt iori e
RESOLVED, that
attend the Highway
pay expenses
End Clm Roberts
not
this
to
Town Beard authorise
Clanference frorii
exceed $400=00
Roll call
Sept.
vote -
Hwy
29th
all
Supt
to
voting
Gilbert to
Oct. 62nd and to
Yes
/0a
•
0
TB8 -11 -9E page 11
RESOLUTION #148 DRYDE =N REPRESENTATIVE TO
THE CITY OF ITHACA YOUTH COMMISSION
Clm Hatfield offered the following resolution and asked for its
adoption°
RESOLVED, that this Town Board appoint Barbara Russell as the
Town � �f Dryden representative to the City of Ithaca Youth
Commission.
End Clm Baker Roll call vote - all voting Yes
FINANCIAL
REPORT
- available
to
board members
JUSTICE
REPORT -
$89679.50
for the
month of
July
RESOLUTION #149 APPROVAL OF VOUCHERS ABSTRACT #108
Clm Roberts offered the following mowing reso l ut ion and asked for its
adopt ion:
RESOLVED that the vouchers be paid as audited. Abstract #108
9
voucher #571 to 645 for a total of $361,955.51
2nd Clm Baker Roll call vote - all voting Yes
Adjourned
r,
10 a E� FPM
Jane Koe 1 sch
Deputy Town Clerk
/d/
1
I