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HomeMy WebLinkAbout1993-10-07/07
TOWN BOARD MEETING
OCTOBER 7, 1993
Supv Schug called the meeting to order at 7:30PM
Members and guests participated in the Fledge of Allegiance
Roll call was by Deputy Town Clerk Woodin:
Present: Supv Schug, Clm Roberts, Clm Baker, Clm Hatfield,
Clm Corrigan, Atty Perkins, and Z.O. Slater
Absent: Town Clerk Lloyd
APPROVAL OF MINUTES:
Motion was made by Clm R� Ebert s and 2nd by Clm Corr i gan that the
minutes of the Town Board meeting held Aug. 31st and Site Plan
Review held Aug. 31st be approved. Carried
COUNTY BRIEFING
Co Rep. Watros - he was concerned when the county negotiated
with the City of Ithaca in sharing the sales tax revenues. The
county agreed to pick up. the similar services that any villages I
and towns were delivering. If any town was contributing to
transportation, specific youth services, human service programs,
etc. these would be picked up by the county. He was riot sure if
the Town of Dryden had any orstorams that would Qualify. If there �
are any, this information should be sent to the county so they
could be included in the budgets
Clm Corrioan - the town does contribute to Gadabout and Senior
Citizens Center.
Suov Schua - wanted to knew if the town was no inn to be
reimbursed for these contributions.
Co. Rep. Watros - they are Q ping to pay the same as they do for
the city.
Supv Sehun - so if the town pays Gadabout $3.500.00 the County is
q Dina to Day Gadabout the $3.500.00 for the town?
Co. Rep. Watros - he didn't see why they wouldn't because it is
Dart of the transD� �rtat ion pry Karam. He felt anything like this
should be submitted to the county. i
Co. Rea. Wat ros - is not sure how Senior Citizen works r ks because
that is channeled thru the Office of the Aging. He is sure this
was discussed and is also a part of a programs
Clm Corrigan - wanted to know if there was any specific outlays
for youth?,
Co. Rep. Watros
- it
is
a special
item
so if the town has any
• they should submit
them
and the
county
will see if they are
comparable to
what the
City
of
Ithaca
has. The county is picking
uo the same obligations
for the
vi l lages
and towns as the city_
has.
TB 10-7-93
Page c
41 Clm Corrigan - how vulnerable do we make these agencies the next
time the county looks at their budget. Are they going to continue
in kind?
Co. Rep. Watros - the county has an agreement with the city that
they wouldn't reduce any of the city's c� ontri but ions.
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Hatfield - is waiting for more information regarding Local
Law #3 -92
ATTORNEY
Atty
Perkins
the
- SCLIWC
- this
ti_i see the beginning
resolution
Lake
to
change the
water
schedule
some introductciry that
is
the final
the
adjustment,
the
ZBOA members do. Maybe
which
has
been planned
for
sometime
to
bring
all
of
the
casts
for
water
up to
the same
with
no
more
graduated
costs.
This
eliminates
the discounts
is something
that
was
not
anticipated.
RESOLUTION #174 APPROVE CHANGE IN WATER
RATE SCHEDULE SCLIWC ~�
Clm Roberts offered
•
adoptions
RESOLVED, that this
for Southern Cayuga
in minute book).
2nd Clm Corrigan
0
rate
level
and
the following resolution and asked for its
Town
Board approve
the
water
rate
ti_i see the beginning
schedule
Lake
Intermunicipal
Water
Commission.
some introductciry that
(copy
Roll call vote - all voting Yes
Atty Perkins - sent to all board members a sample draft of the
zoning law revised at the request of Clm Roberts. It is now for
the boards action �n to approve, disapprove or revision.
Clm
Corrigan
- would
like
ti_i see the beginning
paragraph
softened.
She
would like
some introductciry that
the Town Hoard
appreciates
the
work
the
ZBOA members do. Maybe
a cover letter
could
handle
this matter.
Atty Perkins - the language is taken directly out of the statute.
He suggested the town beard pass a resolution approving the local
law so in the record there will be this statement of appreciation
for the service of the ZBOA members. There may be a time when new
members come on the board that don't have training and it would
be in the best interest for all. He will work up a draft
resolution.
Supv Schug - suggested that any changes be made regarding the
proposed local 1 aw ZBOA training along with a cover resolution
and send copies of this to the ZBOA members to look at.
/08
/07
TB10 -7 -93 Page 3
• Atty Perkins - reported on Wilcox Press fire hydrants - Wilcox
Press has signed off in the form of an agreement. One of the
conditions of the Site Plan Review for Wilcox Press was that they
were to provide use of their water hydrants in the event of a
fire or an emergency for the commercial businesses along Ha 1 1 Rd.
Implementation of the agreement has been a topic of discussion
and negotiations. The Supervisor surveyed all of the potential
users of the fire hydrants about their interest in such an
agreement, making them aware they would have to pay for the cost
of water and the liability associated with the use of the water.
All of the owners of the businesses said fine. The town has an
agreement that has been approved by Wilcox Press which provides
for any of the businesses to Utilize during an emergency any of
the Wilcox Press fire hydrants. The business shall be responsible
for payment of cast of water to be estimated or, cast of fire
consumption and based on length of time it was pumped. The owners
have t� � be responsible for defending Wilcox Press Co. should
anybody be hurt can their property during the use of their water,
such as a fireman or any other person. In the event there is a
fire at Wilcox Press they can curtail the use of the water
because Wilcox Press would get the use of the water first. The
involvement of the town is to serve arbitrarily the amp urit of the
bill. In the event it is riot paid, it is agreed by the rather
parties to be levied on their tax bill as an additional charge
with a 10 percent surcharge.
• Supv Schug - the businesses involved Would be Marchel l Moriuments,
Seneca Supply, Besemer, who has since gone Out of business and A.
J. Eckert Electric Co.
RESOLUTION # 175_ AGREEMENT WITH WILCOX PRESS
.� FIRE HYDRANTS
Clm Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board have all businesses sign agreement
for use of fire hydrant which belongs to Wilcox Press in the case
of an emergency. (copy in minute brook).
2nd Clm Baker Roll call vote - all voting Yes
Supv Schug - regarding Knollwood Drive - Bob Keech, felt that the
r -o -w is not from the middle of the road.
Supv Schug - told him it was from the edge of the pavement. Atty
Perkins has entered this with the County Clerk and the highway
department. There are some 3 or 4 areas that are in the r -o -w and
not the normal 15 feet. When he sent Mr. Keech the letter he also
sent him a copy of the bill for the survey. Mr. Keech felt the
pavement is riot in the center of the r -o -w which was agreed upon,
but is in the r -ri -w. Mr. Keech does not want to pay the surveying
bill. The town does have the surveying bill and will be paid.
• Does the town board want to tell Mr. Beech that we still feel he
is responsible for the money incurred or d� � you want to let it go
by.
I
n
TBIO -7 -93 Page 4
. Supv Schug - the town was charged $1,550.
at the surveyors office. Mr. Keech said t
r -o -w. His surveyor said the read was out
road was not out of the r -o-w. The deed a
of the r -o-w iso proper and the road is wi
CI
/6
00. Theme were meetings
he road was out of the
of the r -o -w and the
nd the legal description
thin the legal r -o -w.
Supv
Schug -
did
if
send
Mr.
Keech
a copy of the official
had been right the town
would
Knollwood
Drive
was
survey
sent to
as
Atty
have it
agreed
Perkins
to
at their
asking him
meeting. A copy
to file a letter
of
it.
the
with
letter
the
county
the
for
Town
let's
which
survey work
payment
Board feels
do it.
was
be
Mr.
made
done.
dome as
to
that
Keech's
There
the
we
was also
his information
town by
should continue
survey was
� a copy of the
was incorrect.
October 19th, 1993.
to ask him
wrong. Mr°. Keech
invoice
for
We
if
the
was
for
asked �
the I
money
the one
who
road.
brought
up
the
problem
when
the
state was working
on
the
Supv Schug - the town can either forgive the amount of money we
spent to prove Mr. Keech was wrong or write him a letter and
resubmit the bill.
Clm Roberts - wondered why the taxpayers should have to pay for
this.
Clm Corrigan - felt that this should be pursued.
Clm Baker - thought it was the town board decision to do the
survey to begin with and if we had deliberated about it he did
not know if we should bill him for it to begin with.
Clm
Hatfield
-
if
Mr.
Beech's
legal
surveyor
had been right the town
would
not
have
had
to
have it
in the legal
r -o -w why should
surveyed,
pay
Supv
Schug
- or
have
- Mr.
Keech' s surveyor said the road was outside of
the
legal
of the property
so the road would j
description.
the
He
Clm Roberts - the survey the town did was to verify his
conclusions to find out if the town did have to go to the expense
of moving the road.
Supv
owners
Schug
and
- or
have
we would
them give
have had to
up some of
go to
their
all
land
of the property
so the road would j
be in
r -o-w.
the
He
legal
feels
town r -o
since the
-w. The road
road is in
does
the legal
stay
in the legal
r -o -w why should
the town
pay
for
it.
Supv Schug - will write Mr. Keech a letter abut the boards
decision.
ate; October 4th, 1993
To: James Schug, Dryden Town Supervisor
From: Henry M. Slater, Zoning & Building Code Enforcement Off.
65 E. Main Street
Dryden, New York 13053
Sub.: September.'93.Building & Zoning Activity Report
Dear Jim:
During
Home,
destroyed
and
the
(3)
(2)
Double
month
of
(1)
September
C -7
193
there
were
a total
(2)
of
19
Building
Permits
issued
and
are
described
as
follows:
A -1 Single - family
A -1 Renovate /Extend
A -1 Replace Fire
Home,
destroyed
and
New Starts
or Repair Existing Home _
double wide with new
(3)
(2)
Double
wide
Office Use
(1)
(1)
C -6.2 Convert existing B -2 Dorms to medium security
dorms (2)
C -2 Convert existing Restaurant to store & Fuel
Sales Facility (1) 1•.` „.
• C -4.1 Private garage for Home Use (6)
C -4 -1 Erect Dairy Farm Barn (1)
C -1
Convert
Storage
Space to
Office Use
(1)
C -7
Miscellaneous
Construction
(2)
Certificates of Occupancy and Compliance.
Certificate of Occupancy (2)
Temp: Cert..of Occupancy t1)
Certificate of Compliance (1)
Fire Investigations: (1)
There were (3) fire reports during September. Two of these
fires were Suspicious origin. One fire destroyed an isolated
barn on the southern stretch of Caswell Road which was used
by Lucente homes for a storage facility. One of the storage
items was a,large quantity of paint. This spill resulted in
a site visit by the DEC, Spill Division from Syracuse. DEC
gave out some instructions to the owner, repeated those
instructions to us, and placed us in charge and returned to
• Syracuse never to be heard from again. The reason that we've
been placed in charge is, it was too far to drive for one
minor spill. I I
I
•
u
The second suspicious fire involved the George Stetson
illegal home made double —wide mobile home at 170 Bone Plain
Road.
In both cases, the Sheriff Arson Unit investigated but could
not find anything to connect any person to - -- either fire,
therefore, NO action will be taken by the Sheriff's
Department.
The third call was a nuisance and is resolved with no damage
to anything.
Fire
Safety
Inspections:
Multiple Residence Inspections:
Fire Safety Inspections of public/businesses:
Home Day Care Fire Safety Inspections:
Zoning Board of Appeals Hearing Requests:
(1)
(0)
(0)
(4)
Attached is a copy of the agenda which briefly describes
each request and decision.
Other; News:
The Planning Board has started review of the Varn
Brothers, Snyder Hill Subdivision project. Currently,
the Board is reviewing the positive SEOR declaration
mitigation proposal. The Board reviewed the submittal.
For the most part, the Board was satisfied with the
response, however, the Board did request more detail for
some items and some further clarification of other
responses.
The Board will review the revised documents during their
October 21st meeting. If found acceptable, a public
hearing for the SEAR portion will be held at the
November session.
Very truly yours,
&* p�
Henry M. Slater
cc: All Dryden Town Board Members
Susanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
i
i
i
0
l
TOWN OF DRYDEN • DRYDEN, NEW YORK
85 EAST MAIN STREET, DRYDEN, NEW YORK i30s9
eon d4, -g12o In the Heart eJ tlx Finger Laker Regren
DDt ENFORCEMENT
Oate:ntlgf-lst 26th, 1993
To: nnn Everett, Chr. Dryden Town Zpn
15 Foothill Road
Freevi.11e, New Yor,l( 13068
rrom :Ilent -y M. Slater
Slob: Dryden Town 7.8n ngenda for Septembe►- 7th,
Dear Anne
1993.
Please find enclosed a copy of each of (3) of (4) variance
Applications. The 4th req�_rest, one from I;enneth- A Susan
Marash, I've not incl�_Ided since Vol', have had this
appli.cation for some time and it remains unchanged.
7:15 Board meets to Review and approve min�.ites.
7:3121 SerVrite Corp. Free Standing Sign variance reqmest to change
the location of sign closer than 15 feet from the DOT
right -of -way at their Etna Lane facility. RotIte 13 t ,
• right -of- way -has become very wide at that intersectI oil. Applicant did',
not appear; request dismissed without; - prejudice.
7:45 Robe► -t n►mstrong variance request to convey -t a nonstr�_rct�_�ral
shed into an acttial wood shed at Turkey 1.1111 Road. The Board felt thait
there we Ire appropriate alterative sites more suitible, REQUEST DENIED.
8:00 George & Ellen Shank, ►neqUest variance to create a h'_iilding
lot at 99 Wood Road with 512, feet of road frontage, which
also serves as the entrance to CoUntry Manor Estate Mobile
Florae Park. The Board felt trhe request was accetpable and APPROVED it.
8:15 I:enneth R S�.isan hlarash, r- egUest variance, No road frontage
at or, about 175 German Cross Road, Ithaca, NY 1485@, By review critre a
the Board found request acceptable and APPROVED it.
Please note, we've posted a.lI required notices as veq�,ii►,ed
by Dryden Zoning Procedure and State Costing reqtri►- ements.
I
Very tro_11y youtms,
henry M. Sl at er
Zoning ZG 8"ilding Code Enfor cement Officer
cc: ZRn Members
James Sc_hug, Town S�jper• visor
Charles Hatfield, Town Poard
Jean Ryan, Recording Secretary, Dryden ZBn
• Mahlon R. Perkins, Dryden Town Attorney
TB10 -7 -93 page 5
ENGINEERING
Dave Putnam - Turkey Hill Water /Sewer - they are in the process
of surveying and they will have a meeting in the near future.
ZONING OFFICER - monthly report given to board members
Supv Schug - there was a gravel mining permit issued in 1985 to
Caroline Adams on Etna Road. It was left by the town board to
have Henry check the reclamation plan as required by Item #7 in
the permit issued by the town. Mrs. Adams had to file with the
town a $1,000.00 cash bond. The town would assume no liability
for proper investments of said funds at the highest interest rate
or for the best return � �f investment but shall only be required
to place said funds in an interest bearing account. Henry has
checked the mine for certificate of compliance and the town will
pay her the $1,000.00 plus the interest that has accumulated.
Z.O. Slater - the project is now ready for termination �n since he
has found it to comply with the terms that were written.
RESOLUTION #176 CAROLINE A D A M S
REFUND ON MI.NING OPERATION
Clm Baker offered the fo l lowinp resolution and asked for its
adoption®
RESOLVED, that this Town
Caroline Adams $1,000.00
in compliance.
2nd Clm Corri qan
Board authorize the town t� � refund to
plus interest when mining operation is
Roll call vote - all voting Yes
Supv
Schua
- Sery
-Rite
under
Foods sign
NYS
has
to
moved since
the
state
is
work i
nq on
Route
13.
Since
it
now
has
to
be
moved
NYSDOT
w i l l
riot
allow
them
install
a
sign
on the
took the
edge
of
their-
property
were
according
working
to state
that
rules.
they
paid for
Serve
the
-Rite
is
ZBOA hearing
now
asking
for
for
a site
their
distance.
money
back
Supv
Schug
Would
like
to
write
them
a
letter
stating
that
the
town
is
holding off to see why the State has Jurisdictic-in over the
property.
Slater
The
State
under
is saying that
NYS
if the
sign
is any
more
than
50 feet
from
the
definition
side
of their
building
that
the
sign Could
riot
be put
there.
The
facility
50 feet
is on Etna
Lane
and
they
took the
sign
down
while they
were
working
• •n Route
13
and
now
the State
says
they
can't put
the
sign
back
up.
Z.O.
Slater
-
under
the
NYS
Beautification
Act
and their
definition
is
that
any sign
that
is
more
than
50 feet
from a
facility or driveway when it is in a resident
This is zoned RBI which has one and two famil
feels this is a residential zone. therefore.
are not permitted. This sign cannot be placed
feet no matter how an..tch land they own. If t h i
MA Lone it could be placed where ever they wa
ial ly Lor
y houses,
off preen i
any fort
s facilit
rated to
ed area.
NYSDOT
ses signs
her than 50
v was in a
He called
lII
9
TB 10-7-93
Page 6
• NYSDOT after Sery -Rite had appli
application did make You think t
of the r -w boundary, but this
informed Sery -Rite Versatile at
the new r -o-w that their sign wc
where it was. Mr. Martin told hi
was negotiated and the sign co ul
�J
0
ed for the variance. The
hey were trying to put it outside
wasn't the case. NYSDOT had
the time when they negotiated for
u1d riot be allowed to go back
m he had totally forgotten what
d riot be put back there.
Clm Roberts - wanted to knew if they had a permit to put the sign
up originally?
Z.O. Slater - NYSDOT had allowed Sery -Rite to leave it there
{originally when it was put up. They did riot pursue it at that
t i me.
Schug
- Hwy Supt Gilbert
to
send
letter
after election
day
to the
Sery
-Rite
regarding
did
ask
him where
a
sign is
permitted
to be according
in the sUrimier
to
read
Sery
ZBOA
town
edge
-Rite
dismissed
specifications.
boundary
paid
$50.00
it
He
r -o-w or
and the
without prejudice.
thought
by
it
authorization
legal notice
was within
of
was
15 feet of
a variance.
published and
any
the
Supv SchUg - Serve -Rite keeps their facility neat and lawn mowed
to keep it looking nice. This is riot noisy, messy, or dirty but
they have no visibility from Rt 13 because of the trees, which
makes it look very nice and rural. Should the gown intercede with
the State to ask permissii: on for them to put the sign up even
though it is in a residential area since the business is there by
variance.
Atty Perkins - it is unfortunate that they misunderstood of what
the requirements were, but the town did everything they could
under the ordinance.
Clm Corrigan - she could not see in giving the money back, but
had no problem with trying to see if there would be any relief
from the State to allow the sign closer to Rt 13.
Z.O. Slater - will let Sery -Rite know the town is willing to try
and get the sign relocated,
H I GFiWAY
Supv
Schug
- Hwy Supt Gilbert
to
send
letter
after election
day
to the
Shopper
and Journal
regarding
the
bad
weather,
work that
was
done
in the sUrimier
and where
to call
during
the
bad weather.
RESOLUTION #177 ACCEPT BID 1963 JOHN DEERE TRACTOR
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that
Deere tractor
a line item in
2nd Corrigan
this Town Board accept
in the amount of $444. Oo
the highway fund.
Roll call vote
e
the bid t• � sell a
and the amount is
- all voting Yes
1963 John
to go to
II'!
is
•
TB10 -7 -93 Page 7
RESOLUTION #178 REJECT BIDS FOR HIGHWAY
Clm Hatfield offered the following resolution and asked for its
adoptions
RESOLVED, that this Town Board reject bids for 1970 FWD, 1960
John Deere excavator, and Brockway tractor.
2nd Clm Baker Roll call vote - all voting Yes
CORRESPONDENCE
Letter from Howard and Erica Evans regarding work that will be
done on Turkey Hill Water /Sewer.
RESOLUTION #179 ADOPT ORDER TO TEMPORARILY
EXCLUDE GROSS WEIGHT VEHICLES -
Clm Corrigan offered the following resolution and asked for its
adoptions
RESOLVED, that this Town Board adopt an order
excluding any vehicle with a gross weight in
tons from the following roads, from November
1994. The roads have been so posted pursuant
Traffic Law 166 0 (a) Section 11.
1. Morris Road
c. Ed Hill Road
3. Bone Plain Road
4. Bradshaw Road
5. Walker Road
6. Livermore Road
7. Simms Hill Road
8. Dutcher Road
9. George Road
10. Upper Creek Road
11. Lower Creek Road
2nd Baker Roll call vote - all voting
temporarily
excess of five (5)
11 1993 to � June 1,
to vehicle and
Yes
At t y Perkins - town board moved for executive session since there
was potential litigation and acquisition by the town involving
real property. 8:40PM recessed.
Reconvened 9olOPM
Clm Baker
adoptions
RESOLVED,
16, 1993
Halls
RESOLUTION #180 SCHEDULE PUBLIC HEARING
ACQUISITION OF LAND ADJACENT TO TOWN HALL
offered the following resolution ion and asked for its
that this Town Board schedule a public hearing on Nov.
at 7:15PM regarding acquisition of land adjacent to Town
2nd Clm Roberts
Roll call vote - all voting Yes
113
I
9
I
i
0 RESOLUTION NO. 182
Councilperson Ronald Roberts offered the following resolution
and asked for its adoption:
WHEREAS, the Town of Dryden Zoning Board of Appeals consists
of five (5) members who serve staggered five (5) year terms without
compensation, and
WHEREAS, often individuals appointed to the Zoning Board of
Appeals have little or no prior experience with zoning matters
including procedural and substantive requirements, and
WHEREAS, changes in the Town Law and cases decided by New York
Courts require periodic review and explanation to members of the
Zoning Board of Appeals, and
WHEREAS, the Town is prepared to defend actions taken.by the
Zoning Board of Appeals in Article 78 proceedings brought by
aggrieved parties including (when appropriate) appeals of decisions
rendered in such proceedings when such actions by the Zoning Board
of Appeals are taken in conformity with procedural and substantive
laws, and
WHEREAS, the Town Board expresses its gratitude to such
members for their unselfish commitment to the lawful process of
hearing and deciding applications for relief under the Town of
Dryden Zoning Ordinance, and
WHEREAS, the Town owes an obligation to applicants to see that
their applications for relief are heard in a timely and
procedurally correct manner and that cases are decided fairly with
• due regard to the laws of the State of New York and the rights of
0
I
0
applicants,
• NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town
of Dryden that the enactment of the following proposed Local Law
will be of assistance to members of the Zoning Board of Appeals,
applicants and residents of the Town of Dryden, and
BE IT FURTHER RESOLVED that the Town Board hold a public
hearing on November 16, 1993 at 7:00 p.m. prevailing time on a
local law establishing minimum attendance and continuing education
requirements for members of the Zoning Board of Appeals and
providing a procedure for removal of members not meeting such
requirements and for cause, the text of said proposed local law to
be as follows:
SECTION 1. PURPOSE, AUTHORITY. The purpose of this local
• law is to provide standards of minimum attendance by members of the
Town of Dryden Zoning Board of Appeals at meetings and hearings of
such board and to establish minimum training and continuing
education course requirements for such members. This local law is
enacted under the authority of Town Law Section 267(2) and (9).
SECTION 20 MINIMUM ATTENDANCE REQUIREMENTS (Meetings and
I
Hearings). Members of the Zoning Board of Appeals are expected
to attend all regularly scheduled and specially scheduled meetings
of the board. In the event that a member of the board is absent
from three (3) consecutive meetings, or in the event a member of
the board is absent from five (5) meetings within any one (1)
calendar year, then such member may be removed from the board as
is herein provided.
A
SECTION 3, MINIMUM ATTENDANCE REQUIREMENTS. (Continuing
• Education and Training). Members of the Zoning Board of Appeals
are expected to attend all scheduled training and review sessions
conducted by the Town Attorney and all such other seminars,
workshops or continuing education courses designated by the Town
Board. In the event that a member of the board does not attend at
least two (2) of the training and review sessions conducted by the
Town Attorney within any one (1) calendar year, then such member
may be removed from the board as herein provided. In the event
that a member of the board does not attend at least one (1)
seminar, workshop or continuing education course within two (2)
consecutive calendar years in which the Town Board has designated
at least two (2) seminars, workshops or continuing education
• courses, then such member may be removed from the board as herein
provided.
SECTION 4. CONTINUING EDUCATION AND TRAINING. The Town
Attorney shall annually conduct at least three (3) training and
review sessions with the board. The dates of the same shall be set
in January of each year. Such sessions may in topics such as
procedures, substantive issues, review of court cases, ethics,
conflicts of interest and such other topics as the Town Attorney
shall determine may assist the board in carrying out its functions
in a timely, fair and lawful manner. The Town Board, with the
consent of the Chairperson of the Zoning Board of Appeals, shall
annually designate such seminars, workshops, or continuing
• education courses which may be offered within a reasonable distance
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and which may be helpful to or of assistance to the Zoning Board of
Appeals in carrying out its functions in a timely, fair and lawful
manner. The costs of such seminars, workshops or continuing
education courses so designated shall be a Town charge. Members
shall also be reimbursed for travel and meal expenses according to
Town policies.
SECTION 5e PROCEDURE. In the event a member of the Zoning
Board of Appeals has failed to meet the minimum attendance
requirements set forth in Sections 2 or 3, then the Town Board may
remove such member from the Zoning Board of Appeals as herein
provided:
(a.) Notice. Such member shall be mailed a written
notice specifying the nature of the failure of such member to meet
the minimum attendance requirements of Sections 2 or 3 above.
(b.) Public Hearing. Such notice shall specify a date
(not less than ten [10] or more than thirty [30] days from the date
of mailing such notice) when the Town Board shall convene and hold
a public hearing on whether or not such member should be removed
from the Zoning Board of Appeals.
the time and place of such hearing.
Such notice shall also specify
(c.) Public Notice. Public notice of such hearing shall
be given by posting a notice on the town signboard in the vestibule
of the Town Hall and by publishing a notice once in the official
newspaper. Such posting and publication shall be at least ten (10)
days prior to the date of the public hearing.
• (d.) Conduct of Hearing. The public hearing on the
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charges shall be conducted before the Town Board. The member shall
be given an opportunity to present evidence and to call witnesses
to refute the charges. A record of such hearing shall be made.
The decision of the Town Board shall be reduced to writing together
with specific findings of the Town Board with respect to each
charge against such member. A copy of such decision and such
finding shall be mailed to the member.
(e.) Action by the Town Board. Following the hearing
and upon a finding that such member has not met the minimum
attendance requirements required by this local law the Town Board
may
(i.) Remove such member from the Zoning Board
of Appeals; or
(ii.) Issue a written reprimand to such member
without removing such member from the
board; or
(iii.) If the Town Board shall find that the
reasons for failing to meet the minimum
attendance requirements are excusable
because of illness, injury or other good
and sufficient cause, the Town Board may
elect to take no action.
SECTION 60 REMOVAL FOR CAUSE. Nothing contained herein shall
be deemed to limit or restrict the Town Board's authority to remove
a member from the Zoning Board of Appeals for cause (i.e. for other
• than the reasons enumerated herein) . The procedural provisions of
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Section 5 (Procedure) shall govern any hearing to remove a member
for cause.
SECTION 7o LEAVE OF ABSENCE. The provisions of Section 2 shall
not apply to any member who has applied for and been granted a
leave of absence by the Town Board from their duties as a member of
the Zoning Board of Appeals. The Town Board may grant such leave
of absence on such terms and for such period as it may deem
appropriate provided, however, no such leave of absence shall be
for a period in excess of eleven (11) months.
SECTION 8. EFFECTIVE DATE, APPLICABILITY.
(a.) This local law shall become effective upon filing with
the New York Secretary of State.
(b.) This local law shall apply to all members of the Town of
Dryden Zoning Board of Appeals regardless of the date of their
appointment to such board.
(c.) Prospective members of the Zoning Board of Appeals shall
be notified of the requirements of this local law prior to their
appointment to such Board.
Seconded Councilperson Elizabeth Corrigan.
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TB 10-7-93
Page 8
FINANCIAL REPORT - available to board members
JUSTICE REPORT - X139547.00 for the month of September
RESOLUTION #181 APPROVE VOUCHERS ABSTRACT #110
Clm Roberts offered the following resolution and asked fora its
adoption
RESOLVED, that the vouchers be paid as audited. Voucher #706 to
#708 for a total o f $2559295.84.
2nd Clm Hatfield Roll call vote - all voting Yes
At t y Perkins - read revision cover letter f � •r proposed used 1 ! Ica 1 law.
RESOLUTION #182 SCHEDULE PUBLIC; HEARING
PROPOSED LOCAL LAW #1 - 1993 ZBOA TRAINING
Clm Roberts offered the following resolution and asked for its
adoption: (copy in minute book.)
2nd Clm Corr i gan Roll call vote - all voting Yes
NEW BUSINESS
SCHEDULE MEETINGS
Oct.
Oct.
26th
26th
- 7nd00PM
- 7o15PM
- special
- Site
Plan
permit -
Review
Darrell
- Cayuga
Rademacher
Partners
Oct.
26th
- 7:3(?PM
- Site
Flan
Review
- State
Farm Ins.
Oct.
26th
- 7:45PM
- public
hearing -
GTE
Telephone
Co.
Oct.
26th
- 8POOPM
- public
hearing -
town
budget
Oct. 26th - beard meeting to follow
Co.
Franchise
Nov. 16th - 7n=00PM - public hearing - ZBOA Local Law training
Nov. 16th - 7e 15PM - public hearing - acquisition of land
Nov. 16th - board meeting to � f• •1 low
Adjourned: 9:30PM
Linda Woodin
Deputy Town Clerk.
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