HomeMy WebLinkAbout1993-11-16TOWN BOARD MEETING
NOVEMBER 16, 1993,
PUBLIC HEARING #1
.PROPOSED LOCAL_ LAW #1 - 1993
ZBOA TRAINING
;::i,_(pv Schug called the meeting to order at 7 =86C.)PM
f:3IAPv SchUEJ
read the
nc- it
ice that
was published in the newspaper
�_cr�cerr�ing
Local Law
#1
- 1993
(cizipy in minute bc-icok)
i:NJESTIONS AND /OR COMMENTS
Aran Everett, Chairperson c-if ZBOA -- questioned _Lnder cl -.1rit iro-ting
tldl..kcat i� �n and training Sect it .-In 4. The dates .'s1-ial l be set in
.Tare -kary Of each year. She w 1ridered why that ser-i;tence was pi_(t in.
S
he
Schug
- it
B. iar,d
was
put
in
si �
peg
iple
would
Attot�
the law
krir w well
ahead of
Lime
He
wher, there
feel
town
Ett t ,rney,
would
be
a
training
have
sole
session.
i s ln.
Aran Everett - that was what she was w•Inderirig about if yriu would
I�.riow the dates that far ahead in the calendar~ year If training
E E' 5 i ons.
Clnr Riiberts =- he asked fot% that sentence tai be added, becal_tse if
People ar %e 01 :1ing tip be r %equired to attend the meetings, they
_,hr_iuld have plenty if advanced notice. They chariged the language
. that they were going to be required to attend at least
nieeL irigs. If there are going t1.1 be 3 meetings a year• thar, 31
be scheduled and if additic.- nal ones are needed they should
is be scheduled. He felt they shr.l old be scheduled well in
advance si-.i people can ar^rarige their schedules siJ they can attend.
Atty Flerk.ins - Clm Roberts intent was tl� schedule as early as
possible in the year the dates a_�f these training <ses<s-i;,ris so the
pec.iple can plan aroi_rnd them if they need.
h'iark Varvayan i s -- gUest i Oned Sect i in 4. Such sessions may include
tl :epics as the Tc awn Attu irney shall determine may assist tl-ie boar%d
OLID carry C 'Ut its functions in a t irriely, fair arid lawful rr!ariner.
1 -ie felt 'the Ti awn B, lard should do tt °pis and not the Town f'attr orney.
i:;lrn
C,-.Wt igan -'wanted tj know if he wr. iuld like sc_imeth ing that
WI D'A l d have jointly. The Tc- lwri Attu y ney in cons_! l t at i c. in with the
f� awn B, lard ot% guidance by the T• 1wn Board.
1+1ar�k. Varrvayanis -
he
felt the
T• Ivjri
B. iar,d
ci Auld
delegate
the
a1 ..!thority
c'Drifiderit
to. the
enr.lugh
Town
that
Attot�
the law
ney if they
is written
wished.
as such
He
doesn't
that the
feel
town
Ett t ,rney,
whC lever^
it
may be,
shall
have
sole
d i scr•et
i s ln.
p, •
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NOTICE OF PUBLIC HEARING
• ON PROPOSED LOCAL LAW NO. 1 OF THE YEAR 1993
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 November 16, 1993, at 7:00 o'clock
P.M. prevailing time, to hear all interested persons for or against
i
a proposed Local Law which would establish minimum attendance and
continuing education requirements for members of the Zoning Board
of Appeals and provide a procedure for removal of members not
i
meeting such requirements and for cause.
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
Susu4AA L1V j K, 1 V v.11 t.1GJ_ n
•
0
TB11-- IFj -9?
Page
• C.1M C1_irrigan - the
the Town B lard. She
as the t _1wrr board,
determine. If this
to be held.
•
•
Town Atti .-Irney does serve at the pleasure cif
suggested the sentence read such other t� Bpi rS
ti.-iwn attorney as its agent and the ZDOA shall
was approved another public hearing would have
Ann Everett - did ric_it feel this sentence needed to be changed.
Atty Perkins - he did not care who establishes what the topics
are arid he would be happy to set the dates in consultati,:ir, with
anyone. He has no--) pro_iblem with writiriq or corresponding with the
ZBOA or Town Beard if there is anything they want to talk abi -Dut,
please .let him know ahead of time and he will try to be prepared.
If you want tai reserve the right to determine the topics he has
no pry 1blem with that. The concept is to keep the ZBOA abreast of
changes 1_ir developments in the law 1-or to answer any questions C,f
procedures.
Nick. LaMi .-itte - wanted to knew if there was any way the individual
members 1 -lf the ZBOA can be assured that the communir^_at ions from
the tcnwn bi-Jard will. be sent to them individually rather than
being relayed throe -1gh the chairman.
S1Jpv Schuq -- saw ran pry blear with that.
C l m Hatfield - when he served i_iri the ZBOA board
there were no instructions or any training. He
was q. l c e d and w i l l be very useful.
Closed pi_tbl.ic hearing - 7S20PM
PUBLIC
HEARING
42
ZONING
ORDINANCE
AMENDMENT
several years aqii
felt this concept
Supv Schug - called. the meeting to order at 7m20PM
Suriv Schuq - read the ni: vt ice that was published in the newspaper
concern i n g the Zoning Ordinance Amendment, (cripy in minute. b• ook. )
OUESTIONS AND /OR COMMENTS
Murk. Varvayanis - wanted to know why the change in the ordiria.nce.
Clm Hatfield - ther
the farmers were gri
have to pay fl_Ir a b
footage 1_1r, farm bui
exempt from both -.If
He was concerned ab
e was legislat
ing to be exem
wilding permit
ldings. In the
these. It wi 1
_tut the square
i
P
1
on awhile back that 1,00k.ed like
t. They were not only going to
but alsi_, pay the square
past the farmers had been
now be $25.()0 under X10, i)C)C).
footage if a farmer wanted tl_i
I
NOTICE OF PUBLIC HEARING
ZONING ORDINANCE AMENDMENT
• TOWN OF DRYDEN
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden
will hold a public hearing on proposed amendments to the Town of
Dryden Zoning Ordinance which amendments would eliminate the
exemption of auxiliary farm buildings from the fee schedule for
zoning permits set forth in Section 1801 of Article XVIII of the
Town of Dryden Zoning Ordinance and which amendments would redefine
the term "farm" for the purposes of the Zoning Ordinance.
The public hearing on the proposed amendments will be held at
7:15 P. M., prevailing time at the Town Hall, 65 East Main Street,
Dryden, New York on November 16, 1993, at which time interested
parties will be heard.
Susanne Lloyd
Town Clerk
i
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TB11- 1E., -93 Page 3
build a free stall barn, it would c1 -1st between three or fclur
thousand do of lays. L_cVi-lking at the farm end of it, he wanted to
make sure this did not happen.
At t _y Perkins - when the town passed Local Law #3 - 1992 92 wh i r_h set
forth pri -Deed ores for i aspect i ons with permits and a fee schedule
it alsi.n amended the zwoning ordinanr_e. It required when you
propot.sed a const rust i l -ire of a farm building y, �)_t get c Permits. YOU
get a perriiit fri -em the Zcining Officer called a zoning permit and
Under the amendments the auxiliary farm str)_)ctUres were exempt
from getting a zr.ining permit. Under the local law all farm
buildings except farm residences were. exempt from the b)_tilding
permit fee even the ::,Lic?h an application had to be applied fcir a
permit. The structure still had to be constructed according to
the New Yi -irk. State code. There was no way the Zoning Officer got
notice of the aux i 1 i ary farm Structures so he did not Have an
OpportUrlity to inspect them. We have taken away the exempt it in for
the auxiliary farm buildings and made everyone apply f• -.r at least
a zlDning permit. Thereby, giving the code enforcement officer an
opportunity to review their plans to know that something is going
up. It still has tci be ccinstr�_�cted to the cede; but it also gives him him an oppcfrt�_nity to knew that scimething is being built. The
$ 5.00) is to- defray sorne of the casts in the zoning department.
There are two levels f zoning fees, one it $25m c ") for
r.0nSt rUCt 1' -'n Of $1011000w00 or less and $75. O(I for excess of
$109 00 ), OC). The a�_ixi l iary farm b�_ti. ldings would be exempt from the
building permit fee. which is on sqUare footage.
Closed p)..iblis hearing - 7 @35PM
PUBLIC HEARING #3
ACQUIRE LAND FOR TOWN USE
i
SLIpv
Schug
called
the hie,eting
tc,
order at
7s35PM
Supv
Schl.)g
read the
ril -1t ice
that
was published
in the newspaper t -
consider
the acquiring
land
for
tr. 1wn use.
(copy in minute book.)
QUESTIONS
AND/OR
COMMENTS
i
Supv Schu..g -- has written dawn comments from the neighbors at
their last meeting. He received a letter from a member of the
village b!_,ard Michael Hattery and from the Village Planning
Beard. (copies in mi.r-iute book.)
•
is
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TOWN OF DRYDEN
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden,
New York will conduct a public hearing pursuant to Article 2 of the
New York Eminent Domain Procedure Law for the purpose of informing
the public and to review the public use to be served by a proposed
Town project. The project includes acquiring land from Robert
Tuttle and Empire Livestock Marketing Cooperative, Inc. and the
construction thereon of a salt shed and additional parking area for
the Town Hall. The public hearing is also being held to review the
impact on the environment and residents in the locality of the
project. The locality is in the Village of Dryden, New York east
of the existing Town Hall, 65 East Main Street and north of the
single family residences at 67 - 87 East Main Street.
A map of the proposed project area is on file with the Town
Clerk at the Town Hall together with the Full Environmental
Assessment Form prepared in connection with the proposed project.
The public hearing will be held at the Town Hall, 65 East Main
Street, Dryden, New York on Tuesday, November 16, 1993 at 7:30 p.m.
prevailing time at which place and time all interested persons will
be heard.
Dated: Dryden, New York
November 1, 1993
By order of the Town Board
Susanne Ll
Town Clerk
('.'C4 -
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AFFIDAVIT OF POSTING
•
STATE OF NEW YORK )
COUNTY OF TOMPKINS )
TOWN OF DRYDEN ) SS:
SUSANNE LLOYD, being duly sworn, deposes and says as follows:
I am the Town Clerk of the Town of Dryden, Tompkins County,
New York and I duly caused the annexed copy of the Notice of Public
Hearing on proposed land acquisition from Empire Livestock
Marketing Cooperative, Inc. and Robert W. Tuttle to be
conspicuously posted in the following designated public location.
Designated Location
Town Signboard
Town Hall Vestibule
65 East Main Street
Dryden, New York 13053
•
Sworn to before me this
1st day of November, 1993,
Notary Public
is
Date of Posting
November 1, 1993
anne Lloyd, T6wh C
R
FA
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TOWN OF DRYDEN ® DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
In the Heart of the Finer Laker Region
November 2, 1993
To: Neighbors of the Town Hall,
65 East Main Street, Dryden, New York
re: Proposed Town Project
Dear Neighbor:
The Town needs to construct a salt shed and provide more parking
areas for the Town Hall.
The highway department has no room left for the salt shed. The
current parking areas are often overcrowded when the Town Board,
Planning Board or Zoning Board of Appeals hold meetings and public
hearings and are also often overflowing during court sessions.
• The Town does not have enough vacant land on which to construct the
salt shed and on which it can provide the needed additional
parking. The Town has determined that it is necessary to acquire
additional land to construct the salt shed and additional parking
areas. The most logical location for these projects is east of the
Town Hall and at the rear of several residential parcels along the
north side of East Main Street. The area between the project areas
and the residences will be screened by an evergreen buffer similar
.to those required by the town of private developers and which
buffer will serve to minimize the impact on adjoining residential
parcels.
In connection with these public projects the Town Board is holding
a public hearing on November 16, 1993 at 7:30 p.m. at the Town
Hall. Enclosed is a copy of the legal notice with respect to the
public hearing. If you have questions regarding this public
project, please feel free to contact me or submit your comments in
writing or at the public hearing.
Very truly yours,
Jamey F. S
Tow Super,
i
JI`S / ab
•
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TOWN OF DRYDEN
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden,
New York will conduct a public hearing pursuant to Article 2 of the
New York Eminent Domain Procedure Law for the purpose of informing
the public and to review the public use to be served by a proposed
Town project. The project includes acquiring land from Robert
Tuttle and Empire Livestock Marketing Cooperative, Inc. and the
construction thereon of a salt shed and additional parking area for
the Town Hall. The public hearing is also being held to review the
impact on the environment and residents in the locality of the
project. The locality is in the Village of Dryden, New York east
of the existing Town Hall, 65 East Main Street and north of the
single family residences at 67 - 87 East Main Street.
A map of the proposed project area is on file with the Town
Clerk at the Town Hall together with the Full Environmental
Assessment Form prepared in connection with the proposed project.
The public hearing will be held at the Town Hall, 65 East Main
Street, Dryden, New York on Tuesday, November 16, 1993 at 7 :30 p.m.
prevailing time at which place and time all interested persons will
be heard.
Dated: Dryden, New York
November 1, 1993
By order of the Town Board
Susanne L1
Town Clerk
1'
• Memo
To. Dryden Tgwn Board
From. Mikd ?Hattery, Trustee, Village of Dryden
Date. November 15, 1993
Subject: Development of Town Property Within the Village
Thank you for notification about your tentative plans to further develop the Town's
property within the village. Jim Schug came to a village board meeting (last spring I
believe) to discuss this project when it was at a fairly preliminary stage. I personally
have neglected his invitation to interact further about this proposed development. .
There are two issues of interest to me.
First, 1 would like to urge that the Town Board as owner /developer follow the path that
other property owners would have to follow in proposing such a development by going
through the site plan review process with the village site plan review board (or some
agreed upon modification of that process). I know that by the letter of the law you are
not required to. But I think that it would be fair and right to the resident neighbors and
it would provide an appropriate process within which the village could evaluate the plan
and make appropriate alterations and suggestions to improve the plan if approved. I
believe that for you not to follow this process would be a disservice to town residents in
the village and would represent the kind of violation of the spirit of local law that erodes
confidence in govemment.
• There Is a significant principle here. What are businesses and private citizens to think
if we say with public law that it is important for them to submit to a site plan review
process for the public good, when we bypass that same process in carrying out public
projects? A previous Dryden village board ignored the site plan review process in the
Initial construction of our new village public works facility. I believe that this action cost
the village in public confidence,and in the quality of the final site plan.
At the local level we all get discouraged and sometimes upset when the county, state or
federal govemment act in a manner that disregards or bypasses local concems and
process. It is all the more important that we locally conduct ourselves in a manner that
respects the spirit as well as the letter of local law and process.
Secondly, whatever path you decide to pursue in terms of the review and processing
of this action, I would like to re -open the issue of creating a village street through the
development. I know this is somewhat late, but I think it would be wise to revisit this
option with the current village board.
Thank you for your consideration of my concerns.
CC: Village Board
Q
40
V*
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VILLAGE of DRYDEN
INCORPORATED 1857
TOMPKINS COUNTY
16 South Street • Box 820
Dryden, New York 13053 0820
(607) 844 -8122 :
James F. Schug, Town Supervisor
Town of Dryden
65 east Main Street, Dryden, New York, 13053
Re: Proposed Town acquisition of land and construction of a
salt shed in the Village of Dryden
Dear Mr. Schug:
7
Having received the Notice of Public Hearing regarding the
Town of Dryden plan to acquire land to the east of the Town Hall
in the Village of Dryden for the purpose of constructing a salt.
storage shed and parking lot, and having received input from the'
residents of East Main Street, the Village of Dryden Planning
Board has the following comments:
The 5.5 acres of land proposed to be'seized and /or purchased
by the Town comprises approximately 1% of the entire land area of
the Village and a significantly' greater percentage of 'the
remaining land that can be developed within the Village. It is
located on one of only three areas available for Multiple Housing
in the Village, and is the area most likely to be developed for
that purpose in the future. Removal of that amount of land from
the tax rolls would place a severe burden on the Village by
reducing the existing tax base, and more significantly,
eliminating the opportunity for future growth.
Construction of the proposed facility 'adjacent to a
Residential neighborhood would unnecessarily extend a
nonconforming use of property and most certainly would reduce the
property values in the immediate area, thereby causing economic
harm to the existing landowners and the Village.
It would appear that an alternate location for the barn
would provide the same or better benefits to the Town without
causing unnecessary economic harm to the Village and its
residents. It is recommended that the Town seriously consider
the long term benefits of constructing the salt storage shed in
a more central location within the Town, outside of the Village,
and away from populated areas. A central location could reduce
transportation costs, and a sparsely populated location could'`: ='
minimize the reduction of the tax base in the Village and Town.
(more) + ;
I
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Re: Proposed Town acquisition of land and construction of a
salt shed in the Village of Dryden
Dear Mr. Schug:
7
Having received the Notice of Public Hearing regarding the
Town of Dryden plan to acquire land to the east of the Town Hall
in the Village of Dryden for the purpose of constructing a salt.
storage shed and parking lot, and having received input from the'
residents of East Main Street, the Village of Dryden Planning
Board has the following comments:
The 5.5 acres of land proposed to be'seized and /or purchased
by the Town comprises approximately 1% of the entire land area of
the Village and a significantly' greater percentage of 'the
remaining land that can be developed within the Village. It is
located on one of only three areas available for Multiple Housing
in the Village, and is the area most likely to be developed for
that purpose in the future. Removal of that amount of land from
the tax rolls would place a severe burden on the Village by
reducing the existing tax base, and more significantly,
eliminating the opportunity for future growth.
Construction of the proposed facility 'adjacent to a
Residential neighborhood would unnecessarily extend a
nonconforming use of property and most certainly would reduce the
property values in the immediate area, thereby causing economic
harm to the existing landowners and the Village.
It would appear that an alternate location for the barn
would provide the same or better benefits to the Town without
causing unnecessary economic harm to the Village and its
residents. It is recommended that the Town seriously consider
the long term benefits of constructing the salt storage shed in
a more central location within the Town, outside of the Village,
and away from populated areas. A central location could reduce
transportation costs, and a sparsely populated location could'`: ='
minimize the reduction of the tax base in the Village and Town.
(more) + ;
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Even if more parking space is required, it is unclear why an
additional 5.42 acres is needed for the salt storage shed "sincer;- r
the Town already stores salt on their property to the rear of the .,.,
town barn. If the Town is not willing to locate the storage shed
outside of the Village as discussed above, then it is recommended
that the shed be constructed on Town land in the vicinity of'the
existing salt pile where any additional land requirements should
be minimal. i
If neither of the above proposals is possible, then-it is
strongly recommended that the shed be constructed on land to the
north of the existing Town facilities, thereby preserving the
character, and potential for future development of the
neighborhood to the east of the Town Hall.
If for some insurmountable reason even the above proposal is
impossible, then it is recommended that the shed be constructed
to the west of the Town barn on the land north of the Empire. ;
Livestock building. As long as Empire Livestock is located where r'
it is, the development potential of that land is limited.
t
In summary, the Village Planning Board `recognizes that there
may be a need for additional parking for the Town Hall. Provided
that the land utilized is kept to a minimum, and:)that adequate`
screening is provided, the parking loti'may not significantly
affect the neighborhood or Village. The salt storage shed would4: °4
provide ecological benefits, however construction on the, proposed-.
site would wreak economic havoc. There does 'not .- appear F to be? r...„`
justification for the amount of land proposed, to be' taken; . or- fort
the location. We strongly recommend that the' Town consider these
points and enter into a dialogue with the Village regarding-- the `- ; :i_.;
size and location of expansion within the Village, and .:to >i
identify mutually agreeable measures that could be taken to
offset any negative impacts to the Village and its residents.
The Village Site Plan Review process could provide such a vehicle
and we encourage its use.
Sincerely,
_.
Ernest S. Walker III '
Chairman, Village of Dryden'
Planning Board
Copy: Bob Day, Village
Philip Winn, Village
Lloyd Sutton, Village
Charlie Hart, Village
Mary Jane Neff, Village
Dryden Village Board
Mayor -
Attorney
Zoning Officer
Zoning Board
Clerk
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Date: December 23, 1993
To: Town of Dryden Board of Trustees
From: Residents on East Main Street: Julius Budzinski, Kelly and Stephanie Campbell, Gerald
and Barbara Combs, Gene and Jean German, Tom and Michelle Sinnegan
At the recent public hearing which was held to discuss the possibility of the Town of Dryden
building a salt shed on Empire Livestock property, a number of ideas were exchanged between the
residents on East Main Street and Town of Dryden officials. As the Board continues to gather
information regarding this proposed building project, we would like to restate our specific concerns
relative to the location of the proposed building and the location of a new parking lot.
As residents on East Main Street, we all feel our properties would be negatively affected if the
building were erected on the location in the original proposal. We are all concerned that there would
be a negative impact on property values and on the general quality of the neighborhood due to the
enormous size of the building. If it is deemed necessary to construct the building, we would like to
support the suggestions made by the Village of Dryden Planning Board in terms of the location of the
building itself.
• We have included with this letter three sketches which modify the original plan that we were
•presented at the public hearing. The first and preferred option (as stated by the Village Planning Board)
would be 'to locate the future highway building to the west of the Town of Dryden highway property
(see Attachment 1). This would place the new building somewhere behind the Empire Livestock barn.
A building in this location would have minimal impact on the existing nature of our neighborhood and
future development within the Village.
The second choice of the Village Planning Board, which we also support, would be to place the
building directly behind, or north of, Town of Dryden highway department property (see Attachment
2). Although this area is not, specifically designated as "wetlands" we understand that it is a wet area
and may require fill for a building to be constructed and for the land to be useable.
A third possibility, which was not discussed at the public hearing, would be to construct the
building north of the Town of Dryden property but slightly to the east on higher ground that would
require no fill (see Attachment 3). Although this is a third choice, it would be preferable to the original
location of the building because it would move the building further from individual family residences
thereby minimizing noise, dust and visual impact that the building would produce. Also, by
_ constructing the building in a north -south manner there would be less building visible from East Main
Street. With the adoption of any one of these plans it would also be possible to move the parking lot
from its proposed location back 100 feet or so from the family residences on East Main Street, thereby
providing additional buffer to parking lot lighting and traffic that the new lot would produce.
We feel that these are all workable possibilities and we would sincerely appreciate your careful
consideration of these suggestions.
I
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TB11- 16 -9?, Rage 4
.Stephanie Campbell, 71 East Main St. - she has a copy Of the
envir rrmler,tal assessnler,t f� rrm that was filled Out referring to
the impact r =ors the growth and the character of the c�=�rnmunity. That
was answered n� Certainly there will be a vast irnpact on their,
r-�eiganswe =d. F'r�esently there are nice fields in their back yards
with trees that have matured and this wc.suld be taken Lip with a
They are ci nc erned ab� lut small children in the
parking impact, concerns
d, noise impact , Odor, beautification
ne i gh b �rh�
for their pr per t y value. There is a is � � any �t her q _test i on answered
wr�Ong. It states they are a residential zone B, which they are a
residential =one A and wo mould like this r-i:: irrected. The land near
��c have industry
there is c�r�ed for residential devel� spmer,t and you y
in a lovely residential neighborhr. iod. They presented a number � �f
alternatives frCirn last weeks meeting and w• 1ndered if the board
had a chance to review these. The suggestions were going straight,
back. i.r, the town property as opposed used to going Lip the hill toward
the neighbr.irs adjoining property, rising Empire Livestock property
arid g
j. rig d =wri instead �!f Lip the hill. The land they requested to
be 1 k.ed i nt � � i s riot 1 �r� the SEOR wetland neap and this cO IA l d be
developed. It was also � requested that YOU pi- rrsi_re with the r nwnerr s
of the pry 1perty next to the school bUS garage. There are u lets
that are for sale across the street from the town hall which is
more in the business district instead of up the hill where they
live. All of the neighbors are riot in favor of this at all.
• Ernie Walker, from the Village Planning Beard - read letter to
board members arid copy in minute book: Their concerns are the
size --if the parcel the gown is 1� Ck-ing at, the l��cati�!r� arid the
impact it is going trz i have on the neighborhood and the village
tax base. They have asked the town t� � consider% relocating in the
village. possibly 1• P.irjg at the long term benefits for the town
and the village in 1� icat ing this facility Outside of the village
in are area which is r.l•�re centrally located in the town where
there would be less transpOrtat i': 'r' in delivering the salt' tlt e
reads within the t� =,wry. If it was located in a spar _rely P-P ra
area it would have a less negative impact ran the tax base riot
Only in the. vi 1 lage',,birt also ire the towns if for some reason it
can't be done, they are having difficulty in underst and i rig why
the town needs 5.5:acres Of land fCW a stOY� age shed when there is
already salt st��r ^ed ��ri the town property. Possibly by ref igurinq
things the facility cO Uld be built � �n the land that the town r�' =�r�
���ut back. � �f the garage
IDwns. Some .-if the equipment that is stored g
could be m 1ved so the building co=uld be on,y1::1Ur CWn land with
minimal additional pry ,pert y and leave something for access and
egress. If this is a problem they would reconvner,d that this
building be located straight north � �rth f, your property s� � that the
character of the neighbr.orhood east of the town hall stay
residerit_ial. BecaLcse of the town being located here is n ot very
developable for any Other purpose. If there is a problem with
that then they wc.,uld recommend the land to the west behind Empire
• Livest ic:k. arid ttiis would have less of an impact ors the neighbor
area than to the east.
1.33
TB 11 - I G-93 PAGE 5
SI_cpv Schug - the recoW1mmendat i ins he received were: 1 - nv.-Ov i ng
everything sr.1me place e 1 se, 2 - riii .-Ive the salt barn to the c-it her
side of the highway garage; 3 - ci.-incerris with parking lot; noise,
dust, site, lighting, 4 - does not want to look at parking lot,
5 - place parking behind the highway garage on the driveway side,
6 - check to see if there are any wetlands .out back; 7 - look. at
site 1_1n Johnson Road, 8 - put the salt barn on JohnsOn R! gad, S -
assessment values will drop, 10 - look. at Empire Livestock buying
all the t ciwns land and buildings, 11 - use pr'• pert y across the
street fi .-ir parking, 12: - put parking on the village side of the
highway garage, 13 - have the village buy the town hall and town
garage and replace i i1d village material they have now.
Stephanie Campbell � wanted t� know h�.1w marry parking spaces the
new lot wr.iuld accornrill.Aate?
Dave Putnam - it would accommodate 65 parking spaces.
Supv
for that
Schug
arilount
- the
parking
cif parking.
loot
would
The ether
be i..csed 1ir
parking
percent of
would be highway
the time
which
would
be about
10
cars
every
day.
Gerald CiDmbs, 81 East Ma i ri Street - as Usef U 1 as that meeting was
for there .last week tie failed to see any st::il id justification for
the parking lot. YOU gave Us reports there was intermittent needs
• for parking there and when asked YOU were unable to produce any
data concerning the numbev of cars needed to be parked. It
sicrpr i ses him that a cost if an acre of parking lot can be
justified given alternatives while your ekisting pro_operty is in
conjUnct ion with Empire Livesti.- ick which has a suitable area for
parking. When we .asked abut the c_iptions you said it would be
more expensive to go up, but rio one seemed to have figures and
wondered what type of competitive costs would be considering the
taking of space with the expansion to the east and the cost of
that in parking. He would also � like to support what Stephanie
Campbell said. They are concerned about the impact on the quality
of living on East . Main Street and the addition _if what is called
the salt stied.. It is hard for hire to understand the need for a
building 3001 by Sci. to cover^ a pile of salt which already
exists. He sees the pf,esent highway departmeeit here is going to
be ci: irit iriLcirig depressing 'f rc m buyers visit ing the town which
otherwise w= iu.ld be good development. For the town to becc erne
f l_crt h er ensconced in this area it seems to. y h i rii it would be very
short sited for the t! iwn ti_o be here.
Gene German, 76 East Main Street - o one of the issues i .-in the
parking 1, .-lt, is maybe we haven't clarified effectively is not
necessarily the need for additional parking but the locat ic. 1n of
the park.i rig lot. The prop, osal _in the plan pUts the parking lot
r i qht i n back. _of the first several houses on East Main St. If
'there is need for additional parking he thought it wOUld be
• UsefU1 to 11_11_1k at 1: 1ther options that wi-. #I_cld somehow le -state the
park. i rig It.-It a Little further fri Dm the properties. There maybe
i 3'1
TBi l- 1t; -93 Page E
some options to do that so the parking lot does n!ot back up
directly t_i these houses. He thinks this is A real serious threat
in terms c_if the parking lot. Regarding page S on the EAF SEOR
fOrm, there are a couple of items checked off.. He wanted site
plan review clarified.
Mayor Robert Pay - this requires the Village Planning Board to
apprr. vve permits.
Gene German -- was still not sure what this meant.
St_tpv Schug - this is what we are doing rn�n�, is a site p.lar, review
of the pri:,_ject.
Ernie Walker - wanted to knew if this was a site plan review
hearing it is this a hearing in cOn.junct il: in with Emirierit Bo.- imai.r,
Lar,+.
SI_tpV SchUg - both, we wi-Jul.d like to know what the problems are
and if we shr.ould pre_ir_eed further.
Clm Corrigan - with regard to Mr. German's question, appri -.1val is
required by the Village Planning Bl_iard.
At t y Perkins - that q uest i c-in was answered i ncr. irrecct 1 y. The Town
. Rdard has not gone over the EAF and this is orie of the things,
they intend to do. They will hear all of the comments and then
review the EAF this evening.
Ernie Walker - in thei
the town is planning t
dialligue with the Vi.11
make a res� e l ut i on to: t
Village Site Plan Revi
this cr.iuld be done.
r
ag
hi
ew
letter- to t
take si =Ime 1
e arid see h
s. The Vill
Beard cc_iul
he town they suggested that if
arid, that you enter i nt some
i_Iw they can mi_ttua.11y agreeable
age Board suggested that the
d be one mechanism by which
SUpV SChI_tg - the ,infer irmat is -In was sent to you sometime agc o.
Ernie Walker - he has .received this, but he would like to
reiterate they wrii,tle 'suggest the Village Site Plan Review Poard
be a pr =,cess fro this d i a l �:,g �_te.
Nancy Munkeribeck, 382 Ringwi -nod Rd - want
was taking this land by eminent diDmain,
take the land from Empire Livesti :ick is t
deal Empire L_ivestr.ick is looking forward
town taking something that Empire Livest
part with?
e . toi know i f the town
She 'i_inderstands you can
hat right: Is this a land
to, or' this a case of the
Eck would prefer not to
SLtpv Schug - Empire L._ivestock. at one time gave the town. and
agreed to sell US the land. Then s• imebody decided the town had a
• lot of nu_iriey st_v they don't care abi out the land, they .jUst want to
get more m _iney.
TN11— 16-93
136
F'age 7
• Nancy Munk.eribeck. - is that still current, Empire Strjck. is very
happy tc-, have this .land exchange.
Supv Schi_ig could rn_it speak. for Empire Livestock. He only knows
they want a lot more money than the town is willing to offer.
Nancy Mu nkenbeck - wr.fu 1 d like t register right now that she
really objects ti_i Eminent Di_irirain being used in this case.
Supv Sch ug -- so:, does everybi::1dy else, including himself.
Tom Sinni gen - opposed the location � �f the parking lot and he
agreed with Stephanie Campbell. Fie questioned the unpaved parking
lot and had assumed that it was going to:, be paved.
Supv Schu..
5. 1 unpav
f 1 oor and
covered i
streams.
g - it
ed whe
pr� CIV i
S so t
was planned t hat
re the salt barn
de for drainage.
he rain does ni_It
the
parking
would
be paved. The
goes
The reason
wash
you Must
for
it away
have
the
and pollute
a concrete
salt to be
the
Gerry D. -imbs - was
co rif used, are you
saying
this is in error
includirio unpaved
parking or there
will
be
unpaved parking.
SUpv Schug -- there will be rrC., Unpaved par[(ing.
•Ernie Walker - wanted to:, know the entrance for the salt shed.
Supv Sch u g - it wi-Ju 1 d be east and west for ter^ 1 oad i ng and un 1 i_iad i ng
with a paved driveway.
Clm CI_irrigan -- want
CI.Wrent ly to the ae
their view, looking
section and at E rip i
disturbing? - Y:,u
Someone said it had
fact?
ed to ask. the neighbors if th
sthetics of looking, if they
at the bus garage, at the hi
me Livestock. Do they f ind it
d _in' t see it I bLit you know it
depressed property values, i
ey objected
do:, see it in
ghway maintenance
aesthetically
i s. t here.
s that a , proveri
Gerry Combs - t hey ' W 1I�_t 1 d maintain the prc_ipert y . values would be
higher if these buildings''
were rit_It there. Now there values will
be lower with the addition of the size and location.
Clm .Corrigan - even loDwer than the presence c_if these other
facilities. So:, in- yi_iur est i mat i c-in if it would all g� � away and
disappear it wi -Ju 1 d be better.
Gerry C1_om bs - yes, better from the stand point of values and the
1-jppi rtunity for development on this end of the village. He w•�, _�ld
maintain that property values in the future would be such that
. Empire Livestock was going to find it economically advantageous
to relocate leaving the highway department and bus garage. Fie was
still crincerned, will there or will there not be unpaved parking.
TR11 -1E -53 Page 8
• Fie understands you ca.n't drive hravy equipment on dirt, but still
he sees a view that specifies unpaved parking.
Supv Schug - there is no unpaved parking.
Dave Putnam - the area east of the salt barn would be a
comb i r at i e -in o= f l awr-i, buffers and unpaved areas for people t •
drive _lrf, maybe parking is the wring wcord.
Ernie Walker - hoped we w11uldn't be playing a game with words;. So
will there be unpaved areas that wt-. 1i-tld either be for parking, or
driving 1_tri, Or will all of the areas that Would be parked :in orl
driven 1 =1n be paved.
SUpv Sch!tg - it wt=uld be just like the Village of Dryden ti.
barn.
Stephanie Campbell - before they came in here tonight they had
rioted a few inaccuracies in this study and ri W the board is even
pointing 1_lut more inaccuracies. She wondered what the pr• 1cess
was when you had an inaccurate dr.1cument.
Supv Schug - they have to be gone thrOUgh and corrected.
Ernie Walk.er - does the public have another opportunity to spea4(
• at a hearing once the document is corrected?
Supv Schug - prCibably.
Tom Sinnigen -- another concern _of his, even though all these
buildings were here before they purchased their h� uses, where the
parking lot is expanding is it necessary. It will be seem by them
and lower their prl_tperty values. They can look out the back. now
and see a gentle s 1 c-ipe with trees and hedge rows and that is what
he expected to see when he bought the house. He had no idea the
town was going to build buildings or move theai over behind his
house. He diDesi not see the bus garage r.- Ir Empire Livestock. There
are hedge rrws arid trees ire his back yard and o6 the side and
every year it is. mi.-ire ar�d nip ire covered. When the trees grow up
you see less and less of it. Now a 1 1 CIf a sudden we are
threatened by having all of the pine trees cut down. He can't see
sitting out in his back yard in the summer and having dirt bl��aj
into his ho=use from the salt shed and parking lot.
C 1 m Ci Drr i gar, - you have every r i
asking abc-out the statement made
these other buildings had depres
to hear from people who had nest
this arid' she was ti.-ild there was
they drin't see it, but it has st
on the street. She is not sure t
•
ght to be concerned, she was
previously with the presence of
sed pr• 1pert y values. She wanted
het is objections to the view of
roo aesthetic objection i! n as long OF,
i l l depressed the property values
his is a proven fact,
l�
R
TBII- 16 - -93 page 9
Gene German - he t h i. nks t,rost _if a 1 1 people were concerned by the
size of the priDperty. Also 1, the location is a concern t� � the
immediate neighbe .-Irs. It is on a s1ciping hill which will be much
more visible than the buildings we have here. He thought the
check off on the site plan review might give the plai nning beard
an oppc in unity to have some input on the project. As it is now
-the building this size is pretty difficult to provide buffer for
the houses that are there. There might be some way of doing that.
YOU might be able to provide a bank of dirt, but is n• +t sure t -4hat
is possible. Ernie Walker suggested in locating at a different
site.
Supv Sehu.g --- you just made a cr. imment what is as close to a berm
acre ass the back. There is dirt that is going to have to be mi: ived
to build a road. This would be a gcjod idea if we decide to stay
and build there. We could build a berm and plant pine. trees rin
top of that.
Gene German - it
building and hiDw
rither c intern tha
made _if the remai
equipment. What i
t cj . be mtz"Ire there
would depend or-
much more land
t hash' t been t
ping 5.4 acres.
s going to happ
than the shed..
how far down you g. o for the
it Would take for the berm. The
a l ked About it what use w i l l be
WiDuld it be'-for open storage of
en in that area? There is q'_Iing
Supv Schug - prcibably nothing mere than the shed at this point,
The pri_Iblem is and the 'village will tell you, and over the next
25 years r.ir longer we ai,e going to need sc vide of that space cIi_tt ire
back to store our equipment. He can not g arartee 25
year_ from
now there will be scimlething else put o i..(t there, nobody can. There
is rn::i guarantee Empire Livestock is g oing to hi.-jld that prcnperty
and there is going t• I be a cornfield or Mr. Tuttle is going to
stay alive for the next 15C) years until you sell your house. What
happens if he dies and someone decides to � Out h• uses back, there
and cut a 1 1 the brush down. You Could be _just as bad off one way
or the c_ither. With. the town back there it wouldn't be mowing
Within the next 20 r.W a5 years.
Ernie Walker - that: is' specifically the concern they have is
taking st.-Ime area that :the. village feels it likely to be developed
in the next several years. Therefore, likely to add to the
village tax base. They have a very limited number of areas where
they can expand.
Maycir Day - the v
is a lot I_-If value
people in the nei
their feedback. H
tonight.
0
illage has learned by neative experience there
in getting a specific pr,,,pcisa1 lut to as many
ghbr.iring area as possible so that you can get
e feels there have been siime gocid thoughts here
/3 �
/3q
'TP11 -16 -93 page 10
• S'_lpv Schug = have y.ii_i explained t•, 'yoi_rr, beard and the neighbors
that the town did not have to held this hearing, but that is not
the way the town operates: The town wants to commUn i cat e and work
with the neighbors and village. The town wants your% input and if
this is the wrong place t�� put it, then the town do_le.sn't want to:%
build it there. The t � own has a big investment and if we can get
oLW money back. Out of this investment we might be very happy to
move. DiDn' t fclrrget there are between 600/700 tax payers in the
village and 14(iir(') /150o('.) in the town so we have to consider what
it is going to cast everybody in the town to do this. If we can
come out of this clean fo everybody in the town we have no
problem with moving some place else.
Mayor Day - that was only cane of the options.
SLtpv Schj_kq - we don't want to hur� t Empire Livestock by takinq
away their parking lot or something else they are using. If you
lo��k at y�_�_ir tax r� -ills they are paying a gcn_id Chunk of taxes in
the village.
Mayer' Day - he did disci_iss with the rieigh6or^s and beard that
municipalities could do pretty much as they pleased and are
exempted fr Cora all zcining.
Supv Schug the town boarrd wants t. � work. with the neighbors arid
the village and be a two way street. We don't want to go down ore
• side cif the r^,_,ad. You have to under^ stand in the village we are
just as interested in what you are doing in the village_ as it
Would impact the town,
Mike Hatter�y agrees with the spirit cif what you are saying. One
of the things he thinks is irrlpotr tart to:, point out to officials a
well as residents is that gcjver,nments always have the options to
Submit to the existing process. He thinks increasingly the boarcis>
are seeing the vaiUe in it. He appreciates the beards
willingness. He th if_ight it would be mr.We appr %opriate and send a
better signal 'to citizens and businesses that are fotneed to go
t hro u qh the site plan review prr_scess, that we as government W i l l
subm i t ur_ self to .the. same prr.lcess when we deve l o a parcel . It
is i rapor" t ant to sepaY'at e and it is not always easy no -, rilat t er how
Public minded you are when you are pI_itt ing your_ self in the
position ozzif being the developer as well as being a Public
official. F= ��_ittir�g yc'�_irself in the Position cif saying we ar,e also
going to weigh what the apprnopr•iate level of the community
adjUStraerits are going to be at this site in order to make it
acceptable. Assuming on all gr rounds it is acceptable. He
encourages you fotr the same r�easo_In that we niak.e private citizens,
and businesses gc, thr %00gh this process fcorn sirai lar, kinds of
prcojects. You shiDuld separate your self fr%ora the village site
plan review b_fard and allow them to bring in some of the
adj List ments that are needed to make this acceptable to the
• community. The town had Suggested a village access r -c,ad through
the developed site when you first came tom, the village. Depending
on. where y._11_1 9c1 with it he would like to rnevisit that .issue,
TB1 1.- 16 -9.3
Page 11
• Supv Schug - saw no problerii with the village revisiting the issue
for the access r, Dad.
Mike Hat t ery - what is yo ur_ rresp� lase to the idea you are i n a
somewhat at compr ori7 i s i rig position as being developer and site plan
review exempt.
Supv
Sch ug
- we
Street - f• r% all practicality
be in the same 1! scat
time in plowing
are
not
in a
r mpr,_om
i s i
ng
situation
because we
are
doing
nrr.lre
than
has
to be
done
at this
point. It
is up to the
town
boarrd
and
they
will
cons
i der
yo utn
suggestion.
Elaine
thought
town
Young, 46 East
the salt shed
barns ar,e four saving
Main
sh_luld
travel
Street - f• r% all practicality
be in the same 1! scat
time in plowing
she
ion where ttte
the reads and
man
he uv_r .
Dick YoDurig, 46 East Main Street - tie can sympathize with what the
people are going thrcnugh who live east of where tie lives. He has
tried fotr years to=y get. Eriipire Livestock to do something with
their parking lot. When it is 85/90 degrees out he can not open
his windows or� front dr_ v because of the dust that blows in the
front of his house. He thinks the peiDple who wo-Juld like the town
hall and town barns moved, you really have qU i t e a bU i l d i ng here
that deadens the sound at midnight when they are banging on the
metal sides of the tt pucks and yelling at the cattle ti- 1 get them
• in, arid out -.If the tt pucks plus the smell. They did a little sneaky
job last year where they put a 1rlading deck on the ether side of
the barn. When it was cnn this side it didn't bother too much, but,
where it is now you hear it until 3 cn' cli .-Ick in the mr. Wning. Si-.,,
if , YOU lose these two bui ldings maybe you wi 11 start hearing the
noise too.
Nancy
bUildl
addres
pub is
signif
school
Munk.er'ibeck - y,:
rig cannot hold
sed. She was w:
buildings whet
i cant 1 y 1 anger'.
11_r StatE
and thl
indexing
YOU ex
In par
d that _y1:11_1 held meetings that this
s was one of the cc lncer'nS you wanted
the practicality r.jf Using other
Peet the meeting size to, be
t icular she was worndering abi.-jut the
S'_rPv Schug - we do, t answer y� il_lr gUeSt i On can several occa- sion5.
One of the costs which is getting bigger arid bigger is when there
is a .j ut� y trial o tr co ur_ t this place i s a zoo and we need more
room fair that. The state is very specific -qri youthful coffenders
where you have to have a separate place to have a hearing. The
town hall is not adequate fir what we are doing right now.
Clnr Ccnrrigan - the .justice departriient alone has records that have
to be kept fo tr ever,. The . of f i ces ar,e bulging at the searrrs where we
are asking people to:, work,
•
TB11 -16 -93 Rage 12
• Supv Schug - the c� out
t �_iffices used to be up fr,�nt where the
zoning office is now and this r^orlm was sitting idle so ti_I utilize
the space we now have the cOUr ~t back here with a schedule 1_1n the
beard fot� tciwn board meetings, public hearings, c�_iuti t dates, etc.
This rr_iorn is being used 2C) times mare than it used to .just 5
_years ag1_1 and is inadeqUate in size to do what has to be drine. We
have gr.lne r.put and looked at other buildings and even talked about
moving the coot_ t out •.f this building. It didn't make sense the
more they looked at it to have different parts _if the goverrnment
spread out all ever, town. They have looked at moving certain
f Line i cans t a m vre cent ra 1 location, but the is cost
pr�oh i b i t i ve.
•
•
Ernie Walker - you nient i r. 1ned the couvt t s, co 'u 1 d you stagger, the
coo_ t times to have the first part of the alphabet come at a
certain time and the last part of the alphabet come at a
different time so yeDi_i would have fewer people in the r c om. at a
time and wi Auld not be tying up the attor,neys form Iong per�iods of
time. This is _just a suggestion and maybe it wouldn't wovrk.
Supv Schuq -- was .just talking about one trial being cr owded.
Kelly Campbell', 71 East Main St r•eet - we .j Ust addressed o m
concerns arid was wi_mdering what y.,,..ir time frame was. Are you
going to � r,evi.ew what we have suggested, car ar,e we going to meet
again.
Supv Schug -- we will address all Df the comments and take
everythinq into ci �nsider^at ior�. Maybe the vi l lage weDuld buy the
town prmrjper,ty and they ccluld nil_ive here. He wrjndered what the cost
of the elevators was that was put in the village hall.
Mayor^ bay -- rjver^ $sir, ii(-)t), CrO
Stephanie Campbell - what met
the issues that were raised:
cr_Wrrespf_Indence car have anothe
SUpv Schug - the bcia rd wi 11 h
i nformat i r_lna 1 meeting 'or, ,give
hod are we going to get answers to
Will we receive written
r meeting, and the time frame.
ave tro decide and we can have an
y1: 11_t written notice;
Atty Perkins there is a 45 day comment perricnd befoi;e the board
will take any otherm action.
Ernie
Walker
- is
that
purrsuant.
to the Eminent Domain Pvroced _ire
net
car, the
site
plan
review.
At t y Reek. i ns - Eminent Di.- ima i n Law.
Supv Schf_tg - if we d• ln' t put the salt barn out in back where we
talked abc11A, we might be able to mi:ive the parking 1i-A out
fLWtherr and do it in a different ci_jnfiguvr aticin as was suggested.
I`
j
TB11 -16 -93 Page 13
• Ernie Walker - is the location cif the salt barn and the parking
lot separate issues.
Supv Schug -- on the acreage we are talking About, absolutely. The
concern s n the parking lot is the concern that it is going to be
right in back Tf the first two h_iu..ses. Maybe we wo Uld have to
build an access road.
Ernie Walker - this is something that will have to be explored.
If this were to come before a site plan review br.tard either
before yi -Jur town or the village this would be sofilething the
parties would have tl .-1 consider to provide for access so the land
will riot be landlocked. If that area was landlocked the eci.-inomic
harm you would be do -zli.ng to the village wo ild be the same as
taking the .land. He asked the residents, do YbU want the parking
lot there and the salt shed there or Wr.iuld you rather have the
parking li-.1t there and the salt shed some ether place. YOU WOUld
have a chr-lice Df one or the ether. He is hearing all or none. if
the tc-ewn is saying the parking to .-1t is going to be there do YOU
want the salt shed there also or woUld you rather have the salt
shed so_ome place e 1 se.
Tom S i nn i gen - sees the needs for both of these; bUt it seems
there would be a better location,
• Stephanie Campbell - they understand there is a need, bUt they as
vi l la[le residents have done their part as saying okay they are
concerned, bUt please c• ins i der these alternatives,
SuPv Schug -- we want to find out how the people feel and mitigate
the problems.
Stephanie Campbell -- wondered if the owner of the property across
from the town hall had been contacted to see if they were
interested in selling the property,
Mayor Day -- wr -iuld the salt shed have flocir drains and possibly
use the village sanitary sewer system?
Supv Schug -- did not have all of the regulations, but thought
they were bUi.lt with a trap like a car wash. There will be no
sanitary facility in the salt shed. It will be built like a farm
building,
Stephanie Campbell -- on your list that .y, u are going to:' make
• comments ::ir-i all _if the neighbors wi -Juld like to see the modified
env i rl_2nment a 1 assessment form arm when it is completed.
Closed public hearing - 8:35PM
Supv Schug -
ncI; , he has
not had
time
but
he certainly will
contact them.
He dial
not think
the
town
would be interested in
taking parcels
of land
that have
water,
sewer and gas which are
valuable building
lets
to put a
parking
lot there.
Mayor Day -- wr -iuld the salt shed have flocir drains and possibly
use the village sanitary sewer system?
Supv Schug -- did not have all of the regulations, but thought
they were bUi.lt with a trap like a car wash. There will be no
sanitary facility in the salt shed. It will be built like a farm
building,
Stephanie Campbell -- on your list that .y, u are going to:' make
• comments ::ir-i all _if the neighbors wi -Juld like to see the modified
env i rl_2nment a 1 assessment form arm when it is completed.
Closed public hearing - 8:35PM
I NEW YORK STATE DEPARTMENT OF STATE
Lo.cal Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Usg this form to file a local law with the 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.
•
Local Law No . ..................... ..1............................ of the year 19 .9.3...
establishing minimum attendance and continuing education requirements
A local law ......................
of the Zoning Board of Appeals and providing a procedure for removal of members
such requirements and for cause.
Be it enacted by the ..,.....Town Board
............................................................................................. .............................of the
(Name of Legislative Body)
1 •i 0 4 Lv
UJOK Dryden
......... as follows:
Town
"ibix
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
for members
not meeting
i
i
w
I
0
0
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 2. MINIMUM ATTENDANCE REQUIREMENTS (Meetings and
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
herein provided.
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)
i
I
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11
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.
Attorney shall annually conduct at least three (3)
The Town
training and
review sessions with the board. The dates of the same shall be set
in January of each year. Such sessions may include 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
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 5.
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
i
I
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G
•
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. Such notice shall also specify
the time and place of such hearing.
(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
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
d
1
• (i.) Remove such member from the Zoning Board
of Appeals; or
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 6. 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
Section 5 (Procedure) shall govern any hearing to remove a member
for cause.
SECTION 79 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.
9
0 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
1
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.
•
•
•
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (hival adoption by local legislative body only.)
I hereby certify that the local law
Of the
Town- -Boa o n
(Naive of Legislative Body
annexed hereto, designated as local law No. _ 1 of 1993
Of __I2rYden.-- ___. -_ - -- _ —_ - - -- - WIS duly passed b\- the
NnyembEr -lb_,— 19-91, in accordance with the applicable. provisions of law.
(Passage by local legislative body with approval, no disapproval or repassege after disapproval
by (lie Elective Chief Executive Officer`.) ,
I here
of the
certify that the local law annexed hereto, designated as local law No.
Qunty)(City)(Town)(Village) of
ame of LegislKive
on 19 and w d --
as (approve )(not dlsa
disapproval) by ie and was deemed duly ado ed on
Elective Chief Executive OtC�cer
in accordance with e applicable provisions of law.
3. (Final adoption by referetidQ11 .)
�I hereby certify that the local laWN
of the (County)(City)(Town)(Village
on _
Name of Legislative Body
disapproval) by the
_ of 19
duly passed by the
roved)(repassed after
19
nexed hereto, designated s local law No. of 19
was duly passed by the
19
and was (approved)(not disapproved)(repassed after
e Chief Execut
submitted to the people by reason of a (m
vote of a majority of the qualified elector
19 in accordance
Oil
19_ Such local law was
n for (permissive) referendum, and received the affirmative
voting t recn at the (general)(special)(annual) election held on
the applica e provisions of law.
4. (Subject to permissive r erendum and final adoption becaus no valid petition was filed requesting
rcferndutn.)
I hereby certify tha
of the (County)(Qye
(Name of Legislxive Body
fie local law annexed hereto, designated as local
Town)(Village) of
On 19_ and was (app
disapprov by the on
Elective Chief Executive Officer
No. of 19
was duly passed by [lie
'e (not disapproved)(repassed after
19 —\ Such local law was subject t)
pert issive referendum and no valid petition requesting such referendum was filed as
i accordance with the applicable provisions of law.
Elective (.]'let Executive Officer means or includes the chief executive officer of a county elected o a
cou►►ty -wide basis or, if there be none, the chairman of the county legislative body, (lie mayor of a ci
or village, or the supervisor of a town where such officer is vested with the power to approve or veto luc
laws or ordinances,
(2)
19 -, .
i
I
5. "ly local law concerning Charter recision proposed by petition.)
•I hereby ceria hat the local law annexed hereto, designated as local law No.
Of the City of _ �� __ __ _ having been submitted to refereed o
the provisions of section 7) of the Municipal }tome Rule I_.aw and Navin received ►�111suant to
g affirnlatlVe vote
of a 111ajority of the qualified ele of such city voting thereon at the (special)(z ral) election held on
19_, became operative.
6. (County local law concerning adoption tlI er.)
I hereby certify that the local law a ed hereto, designated as local law No.
of the County of of 19
the electors at the Ge Election of November ,State of New York, ing been submitted to
19 , pursuant to subdivi ' s and 7 of
section 33 of t unicipal Home Rule Law, and having received the affirmative vote of a nla jor► the
qualifi ectors of the cities of said county as a unit and of a majority of the qualified electors of the to
aid 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.)
1 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.
(Seal)
is t.oumy iegislathve boa"y",
or officer designated by log
Date: November 17, 1993
V
usage tae
(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 Tompkins
•
1, 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 the local law annexed hereto.
ure
XY U
.X o 17
Towv
Date:
(z)
Mahlon tR0 Perkins
Town Attorney
Dryden
November 17, 1993
I
Jq3
TB11- 16 - -93 Page 14
TOWN BOARD MEETING
NOVEMBER 16, 1993
Supv Schug called the meeting to order, at 8e35PM
Roll call was by Town Clerk. L 1oyd e
Presents Su pv Sch ug, C l h,i Roberts, . C l rni Hatfield, Clm Corr i qan,
Atty Perkins and Z.O. Slater
Absent,: Clm Baker
SUpv Schuq - board members received a letter regarding the j
Lucente pri_J.ject. No action was taken since the information was
incomplete from Mr. Lucente.
RESOLUTION
Hatfield
offered
#214
following
LOQAL
resi_I1Ution
and asked
for its
adopt
i ors
Clm Hatfield offered the following reel- J1Lition and asked for it
adopt i r-in
RESOLVED, that this Town Bc hard accept the SE-'.(?R reports as filled
out by the town engineer for the TLir %key Hill Water District.
2nd Clm Robert s Roll Call vrnt e - all voting Yes
RESOLUTION
Hatfield
offered
4*215
following
LOQAL
resi_I1Ution
and asked
for its
Clm
Hatfield
offered
the
following
LOQAL
resi_I1Ution
and asked
for its
adopt
i ors
_199
Clm
offered
the following
resoluti6n
and
asked for its
RESOLVED,
•
(rcepy
that this
Town
Board
accept
the
2nd Clm Hatfield
SEOR repi.-orts
as filled
out
by the
town engineer
Yes
for
the Turkey
Hill
Sewer District,
2nd
Clm
Corrigan
Roll
call
vote
-
all voting Yes
I
RESOLUTION
#216
ACCEPT
NEGATIVE
DECLARATION,
LONG FORM EAF
& EID
- TURKEY HILL
SEWER DISTRICT
L�
Clm Roberts offered the following resolution and asked for its
adopt ion;
RESOLVED, that this Town Beard accept the draft negative
declaration long . f r-trm EAF and EID as prepared by the town
engineer four the' urkey Hill Sewer District. (copy in' minute
book). 1.1
.
2nd Clm Hatfield Roll call vote - all voting Yes
RESOLUTION
#217
ADORT
LOQAL
LAW 41
_199
Clm
offered
the following
resoluti6n
and
asked for its
adopt icon:
(rcepy
in minute
book)
2nd Clm Hatfield
Roll
call vc -ite
-
all voting
Yes
TP11 -16 -93 Page 15
• RESOLUTION #218 _AMEND _SEC_i IDN 1801 OF
AR"T"ICLE XVIII OF TOWN OF DRYDEN_ZONING ORDINANCE
Clnr Roberts c_iffered the following resc-slution and asked for its
adopt ion:
RESOLVED, that this Ti awn Board amend Section 1801 of Article
X V I I I if the Town . , f Dryden Zoning Ordinance by omitting
therefri_im c.Dubdivisi _in (4) there of, and be it
FURTHER RESOLVED, that the Town Bi_lard amend Appendix A of said
Zoning Ordir'iance (Definitions) by !tUbstitUting f or the definition
of farm contained therein, the following definitions.
FARM : A rontigur.ous parcel Cif l arid, 5 acres or larger in s i z e
used primarily for% the raising '_If agricUltUral or
horticultural commodities including activities involving
livestock, dairy, poultry, furbearing animals, aquaculture,
fruit, vegetable, field crops, plantations, inrchards,
nurseries, greenh� iuses or other similar operations and
including bUildings and appurtenances thereto.
2nd C l m Corrigan Roll call vote - all voting Yes
RE_S_OLUT_ ION .#219 APPOINT BARBARA CALDWELL
TO TOMPK I NS COUNTY PLANNING BOARD
Clm Hatfield offered the following resolution and asked for its
adept i_n:
;® RESOLVED,
that
this
Town Board
Town of Dryden
representative
t
Beard. Term
ti.- i
expire
12- 31 -96.
app• pint Barbara Caldwell as the
1_1 the Tompkins Co unity Planning
2nd C 1 m Cr-irr i gars Roll call vote - a l l voting Yes
RESOLUTION 4220 APPOINT - STEVEN MOORE_TO_
FIRE.-_4_ DISASTER AND EMS ADVISORY BOARD
C.lm Hatfield ciffered the following resID1LItil_on and asked for its
adept ion:
RESOLVED, that this Town Board appoint Steven Mol. -ire as the Tcmrr,
Of Dryden representative ti_I the Tompkins Co uhty Fire, Disaster
and EMS Adv i sr. iry Board. Terra to expire 12-31-96,
2nd C l m CP_irr i gan Roll call vi_it e - all vc-it i ng Yes
RESOLUTION #221 APPOINT_ ALTERNATE DAVID PUTNAM
TO FIRE. DISASTER AND EMS_ ADVISORY BOARD
CIrn Hatfield c_Iffered the fol li =wing reso l' ut ion and asked for its
ads aption m
RESOLVED, that this Town B oar,d appoint David Putnam as the Town
of Dryden alternative representative t the Ti_ompk. i ns C� unit y Fire,
Disaster ' and EMS Advisory Board. Term to expire 12-31-96.
2nd C l m C _trr i gan Ri • 1 1 call vote - a 1 1 voting Yes
Ad a urned : 9 e c iirPM
Susanne L._ .l _1yd, Ti_mr, Clerk.
ri
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AFFIDAVIT OF POSTING
STATE OF NEW YORK )
COUNTY OF TOMPKINS )
TOWN OF DRYDEN ) SS:
SUSANNE LLOYD, being duly sworn, deposes and says as follows:
I am the Town Clerk of the Town of Dryden, Tompkins County,
New York and I duly caused the annexed copy of the Notice of Public
Hearing of Amendments to the Town of Dryden Zoning Ordinance to be
conspicuously posted in the following designated public location.
Designated Location
Town Signboard
Town Hall Vestibule
65 East Main Street
Dryden, New York 13053
Sworn to before me this
1st day of November, 1993.
Notary Public
Date of Posting
November 1, 1993
Susanne Lloyd,
A
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NOTICE OF ADOPTION OF AMENDMENT TO
TOWN OF DRYDEN ZONING ORDINANCE
PLEASE TAKE NOTICE that at a special meeting of the Town Board
of the Town of Dryden, Tompkins County, New York, held at the Town
Hall, 65 East Main Street, Dryden, New York on November 16, 1993,
the following amendments were made to the Town of Dryden Zoning
Ordinance.
Section 1801
of Article XVIII
of the Town
of
Dryden
Zoning
Ordinance was
amended by omitting
Subdivision
(4)
thereof,
and
Appendix A of said Zoning Ordinance (Definitions) was amended by
substituting for the definition of farm contained therein, the
following definition:
FARM: A contiguous parcel of land, 5 acres or larger in
size used primarily for the raising of agricultural or
horticultural commodities including activities involving
livestock, dairy, poultry, furbearing animals,
aquaculture, fruit, vegetable, field crops, plantations,
orchards, nurseries, greenhouses or other similar
operations and including buildings and appurtenances
thereto.
This amendment shall take effect after publication and as
provided by law.
Susanne Lloyd
Town Clerk