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HomeMy WebLinkAbout1995-10-10TOWN BOARD MEETING OCTOBER 10, 1995 .� PUBLIC HEARING #1 Heffron Property - Demolition Supv Schug - called the public hearing to order at 7 :30PM Supv Schug read the notice that was published in the newspaper concerning the demolition of a building at 1062 Dryden Road. (copy in minute book). Heffron property. Supv Schug - the reason for the public hearing is to move forward with notice that if it is not down properly the town will take the responsibility for demolishing the building and put the cost on their town and notified several county times tax bill. and nothing The has Heffron's have been been done. QUESTIONS AND /OR COMMENTS - none Closed public hearing - 8:OOPM TOWN BOARD MEETING OCTOBER 10, 1995 PUBLIC HEARING #2 Supv Schug - called the public hearing to order at 7:45PM Supv Schug - read the notice that was published in the newspaper concerning the application of Bruno & Cathleen Schickel. (copy in minute book). The Ithaca Journal had published the legal notice for the ZBOA instead of the Town Board. Therefore, Mr. Schickel can put off the project or move forward with the hearing. Mr. Schickel has agreed to have the hearing and has signed off if there are any problems with this he will not hold the town responsible. QUESTIONS AND /OR COMMENTS Bruno Schickel - I have an 11,000 sq ft barn and would like to be able to use that for storage of automobiles, motor homes, boats, etc. The barn is built in such a way to allow for this with minimal amount of reconstruction or modification. Their intention is to do some work on fixing up the outside and rent out storage space. I understand this is an allowable use by a special permit. Clm Roberts - wanted to know if this was a one story barn. Bruno Schickel - there is the ground floor and a hayloft. The ® hayloft could not be used without extensive restructure. There is one area 36' by 85' that can be used without any problems. If /.6? 0 .. TOWN OF DRYDEN DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607- 844 -9120 ZONING & BUILDING CODE ENFORCEMENT M the Heart of the Finger Lakes Region REPORT TO TOWN BOARD RE: 1062 Dryden Road, Tax Map Parcel No. #55 -1 -11 I, Henry M. Slater, the Officer, pursuant to Local L law providing for the repair collapsed structures) hereby Town of Dryden Code Enforcement aw No. 2 of the year 1981 (a local or removal of unsafe buildings and report to the Town Board as follows. 1. I have inspected the structure °at the above address pursuant to Section 4 of the above local law and find that it is dangerous; unsafe to the general public, collapsed; and is unfit for any lawful purpose: Attached to my report is a photograph of the structure from which it can be seen I it has totally collapsed. This building has been vacant for many years. 2. Based on my above findings and the photograph submitted herewith I recommend that the building be demolished and removed by the owner or in the alternative that pursuant to said local law the town provide for the demolition and removal of such building. Dated. August 10, 1995 Henry W Slater .F ` �. it Idol Lill • 1t. Is 1 d. Jar ... �.J i \ I11., ' ♦. r ' � . t \ 1 '1 � ( it oft ILL. ii'1�� ^I: ,1 i I Y do .did I n e �, f Ir 1 rOld- 'S ", tYa I x r1 /I •rr Ld Ld '4411= I Y .Y•a. x 1 ' r i ,Y i� 'x tr.E �, -'. ' t . 1 � i ✓y a'; ?' t y y�f rg{� �� L' ♦i 'V1 rK C Aj °' K * i (Y a tty1�. V. Mi�• }ii,�iWK,t 1 .V fn fi� {r. �'� tj Lido . ' ,/,�•• 11 ,i �iti 't lord" Lift �''. Ldd TLI l t ti i"44 fY 1 f •, ��+ .: � t .11I •r -' �• �+b` {r'. } 1 fi �� «{ 4� �77 r•�.: If of ♦ J't♦ ' \, j Ii# 1 f` rSs3 ♦ I. 1 , `yrNa,,j�Ti♦i. ♦ 4 `{, ! , yl.'. a , - \ i i 1 . 1 i• ��/ �y� s� ; l i I� r0"Q,J' \3,'t�_ +f {f�� ` �` S' Y •C s �� +x1K Ir' f i}� dd off ' old, At 00 IL E y r • It \ (.i �,. rx ,..tf 1�1j if +�i'y/• QQ �. �. n♦ ^..r:..�,+ -•f: ti. .. .M:t !).Y I';I^'I.G��!�il /}r,`� �.�1., "'. ; _ ♦ bid t +` 1 TI 1F t ♦,e, i. If . I r a i t LIL 1. r� R, . ••i. rH ♦ ! JILL I {{ do I '. I s it ��1 Ta t f , a w+ ? L Lf did If I It ai,1 Air f !Jf'y+ II \. , ` !, i JIL } If •rYi 1, ryrt " fr V ;1i Y L, 1 ; 'SSSSSSt i I r 1\ A It If 1Jr • "LK� r ��tjI + °r ,d Lox S' �, n 'd I'd i, Told, W �♦i ♦ 1AlkrM 1 rr { do 9 P 1( i , t, It " IY k Y yit. [ fif 4 e� o jl" p e frallk'Its ' � ��. 1., b�f ��F Id , r If `1 i s ♦ 1 of .� }Y r '� i i +l j �r. a i rvf +Ml Y.r... LL I or Los% LIP IT for r° ,».•f• iii dF r.S,S7' 'M1+xj.7,M'la 1.1Y t TF i� I 1i n. a yf low zr• f,p dI 4l + +♦ If LI eGlt �,t ♦� ��{ r ,.. i 1. 11 1 j •{ ,' i to k Irr I. off 11 rfl r/1 ) t a, �♦f Yir ff >'► � l + sii I " 11 i.� � t j..1 Y, Yi j�jl ii` i1 1 1 6 J 1 Y� h i �ry([7j f F Lf. AL F off; i MAHLON R. PERKINS August 10, 1995 MAHLON R. PERKINS, P C. ATTORNEYS AND COUNSELLORS AT LAW 20 WEST MAIN STREET P. O. BOX 27 DRYDEN, NEW YORK 13053 Paul N. Tavelli, Esq. 405 North Tioga Street Ithaca, New York 14850 RE: Town of Dryden - Heffron Dear Paul: TELEPHONE ( 607) 844 -9111 Enclosed is a copy of the Report to Town Board from the Code Enforcement Officer. Also enclosed is a copy of Local Law No. 2 (1981). This Report will be presented to the Town Board on September 5, 1995 at which time I expect they will ordef the demolition and removal of the structure and set October 10, 1995 for a public hearing pursuant to the provisions of the Local Law. Please note that demolition and removal of the structure requires a permit. You should contact the Code Enforcement Officer to ascertain his requirements for the permit. If you have any questions, please give me a call. Very truly yours, Mahlon R. Perkins Town of Dryden Attorney MRP /lm Enclosure ' pc: James F. Schug, Supervisor Henry M. Slater, Code Enforcement Officer a C U TOWN OF DRYDEN 0 DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844-9120 In the Nears of the Finger Lakes Region ZONING & BUILDING CODE ENFORCEMENT Ithaca Journal News 123 W. State Street Ithaca, New York 14850 Attn: Donna Carr, Legal Ads PLEASE PUBLISH the following LEGAL NOTICE no later than WEDNESDAY, OCTOBER 4TH, 1995 and bill the Town of Dryden. PLEASE will ho Special Road, D storage Dryden, TAKE NOTICE that ld a Public Heari Permit submitted ryden, NY, to est facility in an e NY within the To th ng b ab xi wn e t y li st 0 Town Board of the Town of Dryden o consider an application for a Bruno & Cathleen Schickel, 210 Schutt sh a commercial garage vehicle ing structure, at 98 Schutt Road, f Dryden. SAID HEARING will be held on TUESDAY, OCTOBER 10TH, 1995 at 7:45 P.M. prevailing time at the Dryden Town Hall, 65 E. Main Street, Dryden, NY at which time all interested persons will be given an opportunity to be heard. Persons may appear in person or by agent. Readers for individuals with visual impairments; interpreters or other- alternative communication measures, as appropriate, for individuals with hearing impairments; and amanuenses for individuals with manuals impairments, will be provided for all who request Such assistance with Notice to the Town of Dryden at 844 -9120 or 844 -8619. Persons desiring assistance must provide Notice NOT less than 48 hours prior to the time of the public hearing. DATED: SEPTEMBER 29TH, 1995 By Order of: Henry M. Slater Zoning Officer Town of Dryden cc: James Schug, Dryden Town Supervisor All Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors The Tompkins County Pl.anning Department Lausanne Lloyd, Dryden Town Clerk • E TOWN OF DRYDEN 0 DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -944 -9120 In the Hear? of the !'urger• Lakes Region ZONING & BUILDING CODE ENFORCEMENT September 26th, 1995 James Schug, Dryden Town Supervisor 65 East Main Street Dryden, NY 13053 Re: Post Schickel Public Hearing Notice Dear Jim: Please find attached a copy of a Public hearing notice, appropriately posted with the Ithaca Journal declaring a public hearing on October 10th, for the Schickel Special Permit request. Please also find attached a copy of the Tompkins County Planning Department response to our submittal of the project to their department. As you'll observe, the County suggests the Town Board act as it sees most appropriate. Very truly yours, i� Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Town Attorney Dave Putnam, T. G. Miller Engineers L-oRrlsanne Lloyd, Dryden Town Clerk & Surveyors I n ,I To"tnpkins County DEPARTMENT OF PLANNING 121 Ekst'Cohrt Street Ithaca, New York 14850 James W. [Janson, Jr. Commissioner of Planning September 14, 1995 Mr. Henry Slater Town of Dryden 65 E. Main Street Dryden, NY 13053 Telephone (607) 274 -5560 FAX (607) 274 -5578 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Special Permit, Reuse of Barn for Storage Dear Mr. Slater: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law, The County Planning Department has one suggestion regarding the Special Permit. The Town may want to require, as a condition of approval, that there be no outdoor, commercial storage on the property. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Sincerely, 17 ,,rE �_J , 1, , i- �,1. James Hanson, Jr. Commissioner of Planning 4M tv Re(y(-Iean4ner n 1►J TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT September 11th, 1995 In the Heart of the Finger- Lakes Region James Schug, Dryden Town Supervisor 65 East Main Street Dryden, NY 13053 Re: Special Permit Application Dear Jim: From: Bruno & Cathleen Schickel I've completed a preliminary review of the above mentioned. application and find that application sufficiently complete to forward application, all supporting documents and my review comments to you and the board for your review. I believe, M. have any questions, that you and the feel Board determined Monday 10/10/95 at 7:45 as a hearing date and time to between 8:00 review this PM. project. All concerns that I have determined are listed on the attached comment and review form. If you should M. have any questions, concerns or desire further detail, please & feel free to contact me as necessary at 844 -9120 Monday Code Enforcement Officer through Friday between 8:00 AM & 1:00 PM. Very truly yours, rf Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Tow Dave Putnam, T.G. Mill L,St+s -anne Lloyd, Dryden Applicant, Bruno & Cat n Attorney er Engineers & Surveyors Town Clerk hleen Schickel I E • �R TOWN OF DRYDEN A DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607- 844 -9120 ZONING & BUILDING CODE ENFORCEMENT September 11th, 1995 James W. Han Old Courthou 121 E. Court Ithaca, NY Re: Special Law son J se B LI Stre 14850 Perm LT the Hemi of the Finger Lakes Region r. Commissioner of Planning ilding et it Review, pursuant to 239 L &M General Municipal Dear Commissioner Hanson: Please find enclosed a copy of a Special Permit application, a Long Form SEUR Part i and a request on behalf of the Dryden Town Board to establish itself as, the lead agency for the SEAR and the project review. Bruno and Cathleen Schickel are requesting a Special Permit to establish a commercial garage Long Term storage facility for boat57 recreation and other large type vehicles and related equipment. The site 98 Schutt Road, being within an RC Zoning District, commercial garages are an allowed use by Special Permit Review and Approval. By Dryden Town Zoning Ordinance Definition, a commercial garage does include vehicle storage. The Town Board has established Tuesday October 10th, 1995 as a hearing date for this project review. Based upon this date, would you please provide your comments or recommendations by October 10th. Very truly yours, a:, (� Henry M. Slater Zoning & Building cc: Jame Town MahI Dave Appl 1� Code Enforcement Officer s Schug, Dryd Board Member an R. Perkins Putnam, T. Be icant, Bruno en Town Supervisor s Town Attorney Miller Engineers & & Cathleen Schickel Surveyors 9 I Pi. •s .r. s ; Y a e S Applicant: iftions Es Site: SPECIAL PERMIT REVIEW ate: 9/11/95 Zoning District: R. C., Hearing Date: October 10th, 1995 Submitted to County on: 9/11/95 Review by: Henry M. Slater Section 1303, SPECIAL PERMIT Requirements Review 1). Name of the applicant, name of business and legal owner of the property /premises. Cathleen & Bruno Schickel, See all Special Permit Related Documents. 2). Has a property survey map or other legal description of premises been provided? See Exhibit "A" copy of Warranty deed, complete with property descripti no Property was recently purchased at a foreclosure sale. 3). Has the applicant provided a detailed description of proposed use which includes, off street parking, road cuts, and other site uses relative to project? Yes, General project review, copy attached. 4). Has a sketch of site and site improvements been supplied? A portion of the appropriate Dryden Town, Tax Map, Exhibit "B ", has been supplied and a copy of Exhibit "B" is attached. 5). Is Sewage disposal and water supply facilities existing or proposed and permitted by what means? Applicant states, water & sewage facilities a► -p not necessary for a vehicle storage Garage. I agree with the statement. 6). Has applicant pr adjacent to the lands ar g agr^icu is a residential ovid proj 1 t Ur hom ed a desc ect site? e which i e which i ription of current uses of the premises Applicant indicatess the orimary adjacent s tV3%Lte exceVtg Pargeel 23, 11 See Exhibit ►►B'► s about 1/4 mile +/- north on Schutt Road. 7). Has applicant provided a general statement appraising the effect of the proposed project and use on the adjacent properties, the environment and future development of the neighborhood and community in general? See General statement. Applicant believes use will provide a use for what would otherwise be an abandoned structure. 8). Applicant has provided Attorney copies of all permits or application for such permits required Surveyors by all other local, state or federal agencies necessary for this project. Special Permit is now being applied for. County Approval which I have submitted. Comments or concerns: There are several such former dairy barns around the community which are pretty much out of use. This type of storage use'should be well suited to this type of structure. Generally these barns are somewhat remote from high density neighborhoods This structure and site are remote__ and well suited for this proposed use. To further assist you with your review I have included a copy of the Dryden Town Zoning Ordinance Section which includes the definition of "Commercial Garage ". enry M. Slater cc: Town Board Members Mahlon R. Perkins, Dave Putnam, T. G. James Hanson Jr., Dryden Town Attorney Miller Engineers & Surveyors Commissioner of Tompkins County Planning ,_ APPENDIX A Definitions. Certain words and terms used in the Ordinance are defined as follows: ABANDON. To give up with the intent of never again eWilling one's right or interests in; to give over or surrender corrrpletely. APPEAL. Any request submitted to the Zoning Hoard of Appeals for interpretation of this Ordinance, for decision on alleged grievances resulting from enforcement of this Ordinance, for a variance or for a Permit. BILLBOARD, See SIGN -OUTDOOR ADVERTISING BILLBOARD. BOARDING 110USE. Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a boarding house. 1311FFER STRIP. Row of densely pinnted shrubs and trees at least 5 feet deep with low branches intended to reduce noise and screen out objectional views. B1!ILDiNG. Any structure where space is covered or enclosed. BUILDING— PRINCIPAL. A building or buildings within which is conducted the primary use of the lot on which said building is located. BUILDING— ACCESSORY. A subordinate building, the use of which is customarily incidental to that of the principal building, and located on the same lot as the principal building. ®UILDING iiEIGNT. 7fie vertical distance from finished grade to the highest point of a flat roof or the midpoint of a pitched roof. On a hillside lot finished grade should be considered as the average finished grade on the uphill side of a structure. BUILDING LINE. The line formed by the intersection of a vertical plane that coincides with the exterior surface of a building on any side and the ground. In the case of a canti- levered building the vertical plane shall coincide with the most projected surface. CABIN OR COTTAGES. A building designed for seasonal occupance and not suitable for year -round living. CLUB. Any premises or building catering exclusiveiv to members of an organization and their guests, not operated for profit and containing no merchandising or commercial activities except as required for the membership and purposes of such club. D«'ELLiNG. Any building, or part thereof, which is designed and used for year -round human habitation, or intended to be so used, and including any appurtenances thereto. DWELLING UNiT, One or more rooms located within a dwelling and providing complete living accommodations for file use or occupation by one family, including cooking d bathroom facilities and an independent entrance. 4 LE DWELLING UNIT —ONE FAMILY. A detached dwelling containing one dwelling unit only for the use and occu- pation by no more than one family. DWELLING UNIT —TWO FAMILY. A detached dwelling containing no more than two dwelling units for the use and occupation by no more than two families. DWELLING UNIT - MULTI- I One or rriore dwell- ings on a single lot containing separate dwelling units for the use and occupation by three or more families. 1)WEI1ING UNiT— FAItM. A detached dwelling con- taining one or more dwelling units and forming an integral part of a farm operation. FAMILY. An individual, or two or more persons related by blood, marriage or adoption, occupying a dwelling unit and living as a single household. For purposes of this Ordinance n family cony also consist of not more than three unrelated individuals occupying one dwelling unit,.The two definitions cannot be combined. FARM. Any parcel of land, 5 acres or Inrger in size, used primarily for the raining of agricultural products, livestock, poultry or dairy and nursery, greenhouses, or forest products, and including buildings and appurtenances necessary thereto. FRON'T'AGE. The distance between side lot lines measured at the street right -of -way line, or on dead -end streets, measured at the front yard set -back line. cARAG. 3 R' 1AL . An enclosed building used as a business for the indoor storage or repair of motor vehicles including painting and the gall: of to lrts and necessories. A Jlink ynrd or auto salvage yard is not to be construed as a garage. GARAGE— hRIVA'i'E. A carport or enclosed building for use by the inhabitants of a dwelling for private storage. GASOLINE S'T'ATION. A building servicing''motor vehicles and supplying fuel, lubrication, supplies and acces- sories but not including painting or body repair. I10TEL. A building used primarily to provide ''sleeping accommodations for the transient public in which' more than six room.S are available for hire. 110M1? OCCIJPATION. A subordinate use of a com- mercial or service nature located on a lot whose primary use is residential and which is not detrimental, to the residential character of said lot and the surrounding neigh- borhood. Nome occupations shall be such things as hair- dressing, tailoring, teaching, carpentry, electrical and plumbing work and similar activities, and professional offices such as doctors, lawyers, architects and licensed real estate brokers. JUNk YA14t), A lot or building, or part thereof, used for the collecting, storage or sale of scrap metal, discarded appliances or similar discarded material; or foi the col- lecting, dismantling, storage, and salvaging of machinery or vehicles not licensed and in running condition or, for the sale or storage of parts thereof. An auto salvage yard. LOT ARIA. An area of land the size of which is determined by the limits of the lot lines bounding said area and is usually expressed in terms of square feet or acres. N t 3 k 3' a. t v k F r. D E f�I 11 16 2 (2187) —7c 617.21 SEan Appendix A Slate Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: Tile full FAI is designed to help applicants and agencies delcrn+ine, in an orderly manner, whether a projc, 1 or ac tion may he signi(icanL The quel;lion of whelhcr an action Wray be significant is nut always easy to answer I "egos nt ly, there are aspects of a project that are subjective or unrneasureable. It is also understood that those who delenninr: significance may have little 'or -no formal knowledge of the environment or may be technically expert in emironn+ental analysis. In addition, many (\ho have knowledge in one particular area may not be aware of the broader concerns affeclinq lh($ question of significance. l lie full FAF is intended to provide a method whereby apl+lic: ants and agencies can be assures) that the detern+inatirrr" process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: the (till FAF is compriccd of three harts: Part 1: Provides objective data and information abortt a given project and its site. By identifying basic proje• I date, it assists a reviewer in the analysis that lakes place in Parts 2 and 3. Part 2: Focuses on identi(ying the range of possible in+pac is Thal may occur from a project or action. It pm oiclr,< guidance as to whether an impact is likely to he considered small to moderate or whether it is a polrintially large impact. 'File form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is idenlifiecl as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION Of SIGNIFICANCE —Type 1 and Unlisted Actions Identify the Portions of EAF completed for This project: f�1 fart 1 V) Part 2 t-Wart ,1 Upon review of till: information recorded on this UAF (Parts t and 2 and 3 if appropriate), and any other 'supporling information, and considering boll+ the magilude and importance of each impact, it is reasonably determined by the lead agency Thal: CI A. the project will not result in any Itrrge and important htrpact(s) and, tlerefore, ds om0 which will nol have a significant impact on the environment, therefore a negative declaration will be prepared. ll 13. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the "litigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project pray result in one or Wrote large and important impacts that may have a significant impar I on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions sjct Ali s A f3� /� "weal c i'q � Avy"iO . on�h+ekeiQ G1V4U Name of Action Name of I-ead JCge.ncy Print or Type Name of ResponsilW Officer in I.ead Agency �ULIJY LJOY Title of Responsible Officer Signalure of Responsible Officer in Lead Agency Signatureof Preparer(If different from responsibleofficer) Q Date I " PART 1— PROJECT INFORMATION Prepared by Project Sponsor ® NO I Wt: I his document is designed to assist in determining whether the action proposed may have a signifi(and Off,( 1 on thc: envilonmer +l I'le�ase complete the entire form, Parts A through E Answers to these qucslions will be considrl*v as pall ()f the appli( ation for approval and may be subject to further verification and public review Provide ally additimlop infolnration you believe givill be needed to complete Parts 2 and 3. Il is e\pcoed that c.onipletion of the full [At- will be dependent on infrrnialion currently available and will not inv(1I\40 new studies, research or investigation. If information requiring such additional work is Unavailable, so indicate and Slic ily each instance. n U NAME OF ACT 1011 LOCATION OF ACTION (Include Street Addle ^.s, Munlcipallly and Counly) 4K.5�3i= �_y�Y� NAME 3C__.►o�TQ�I�_S?f D2.�7 T-! >�l?t�ll_s1,licY AME OF APPLICANTJSPOINSOR BUSINESS IEIEPNOtIE �ttc_K.E� -- . - - - -- _..._--- - - - - -- �07� iy-_y.19.0 ADDRESS CITYWO STATE ZIP COni IJAME F OWNEn (II different) - -- — BUSINESS fEt EPl101fE ADDnESS ctly/ro DESCRIPTION OF AC11014 r \'ifmPTF1'r tOvv STATE 11 ZIP f;gne OF F�k-MltvoG 'Vi(Z*l foe U$L Cprv.AAo4zciAL s-ro2ftc� '��t�ms?BILE.S A.r�� `i��C(�EPf'c'tc�Nr�1L. uE.HICI.E.g, Please Complete Each Question— .Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. '► I ('resent land Use: L7Urban Cllndusirial ❑Commercial L7Residential (suburban) [!)Forest C- XgricUlture L70ther L.IRural (nor) (,dill) 2 Total acreage of project area: -- —� acres. APPROXIMAI E ACREAGE PRESENTLY AF ER Cf.)MITI I RU-4 I%Aeadow or BfIlShland (Non agricultural) L? _ acres iy�__�t KXo�ar res Forested ----- �!. - - -- It!___ -- acres - -�` --- __`!._. -... a( rPs Agricultural (Includes orcha(ds, cropland, pasture, etc.) —_" _ 1i acres __.—t! _�!. w 114. Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres —_.�` ".. .r. flit. 1lnvegetated (Rock, earth or fill) acres �- `�1.._.. .. :Ir rrt', (loads, buildings and other paved Surfaces lc 11, acres IC��. ,. ,r( rill. Other (Indicate type)-------- - -__ -- —_ -- ------ �(-- 11 - - -- acres ----- ��_- - -��.- rr r( " 3 What is predominant soil t .pe(s) on project site? a. Soil drainage: Well drained _L Q0— %o of site Utiloderately well drained ❑Poorly drained — % of site ® b If any agricultural land is involved how many acres of soil are classifies) within soil group 1 thlUUgh •1 of Ih(• M I and Classification Systern?l.�Abx� acres. (See 1 NYC.RR 370) ).. * 4. Ar(r there bedrock outcroppings on project site? HYes Lqo a. What is depth to bedrock? _ (in feet) D11ppioxiniale percentage of proposed project site with slopes: Ho 1046 °6 [110 15 0.10 NlA - - - 1 115 or greater °b 6 Is project substantially contiguous lo, or con ) a building, site, or districl, listed on the Stale or the Nali'nr. l Registers of Ilisloiic Places? (ayes I Jo 7. 15 prole(:( SubStanliall,r conliguouti to a site listed on the Register of National tlalcnal Lanilmarks? I )Yes f'1i7�) r. � 8 What is the depth of the water lable?c�.►�ltAW in feet) s }.. 9 Is Site located over "a primary, principal, or sole source aquifer? I Iles I Io 10 Do hunting, fishing or shell fishing opportunities presently exist in the project area? I _]Yes (WtAo {,; 1 I Does project site coOntain any species of plant or animal life that is identified as threatened or cnclang( r� d? 1 1 .)Yes M 4o According to ------------- _— _.._- '-- - - - - -- -- -- - - - -._ _ .. _ I Identify each species _ _.-- .....----- _- _— __-- .— '-- _ - - - - -- - - - - -- ------- ._..._.- .... r I 1' 12. Arc! there any unique o unusual land forms on the project site? (i e., cliffs, dunes, other geological formatimmt) i' f_lyes 13TIO Describe rr 13 Is the project site pre endy used by the community or neighborhood as an open space or recreation awd? IYes F.) o If yes, explain ------ --_-----'----•--------^---'-- 14 Does the present siteDude scenic views known to be important to the community? I.11'es 1_4<o ' 15. Streams within or contiguous to project area: I a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name _ - L�l� _— h. Size (In acres) 17 I5 111g ijlt' sryelj )2y gxi�ljng [tuftlic lttililj�s? ( yes f_ c�TJ) -- ! a) If Yes, does sufficient capacity exist to allow connection? HY(ts 11110 j° b) If Yes, will improvements be necessary to allow connection? 1.IYes CWo Ifl. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 AA, ?' Section 303 and 304? Oyes ONo 19 Is the site located in or substantially contiguous In a Critical Environmental Area designated pursuant to Arliobt It of the ECL, and 6 NYCRR 617? C]Yes 1: 40 20. Ilas the site ever been used for the disposal of solid or hazardous wastes? UYes 04140 B. Project Descriptlon 1. Physical dimensions and scale of project (fill in dimensions as appropriate) j ^a. Total contiguous acreage owned or controlled by project sponsor — i_O_O-} acres. ` Ub. Project acreage to be developed: __I ± acres initially; —_I. * acres ultimalel F e-0 c. Project acreage to remain undeveloped acres. EK.IStkw(:� d. length of project, in miles: _M.,1� (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed _ ►__ °a; f. Number of off - street parking spaces existing _.- 1�1��°!�_; proposed i t' g Maximum vehicular trips generated per hourV►ViC►�Me�9�_ (upon completion of project)? h If residential: Number and type of housing units: N•/}� One Family Two Family Multiple I amily Condominium Initially — - - -- — —_ -- - - - - - -_. I; '. Ultimately - -- - — - - -- - - - - -- -- ,' i Dinu)nsioi)s (in feet) of largest proposed structure J�Lq_ -. height; _IN�14__ width; length. If * j Linear feet of frontage along a public thoroughfare project will occupy is? 100 ? ft. lY 3 CI n 2 flow nlur.h natural material (i e r ,r I:, ear(h, etc:.) will be removed (tom the site? .AQ/__k - _.._ -- tons /cubic yards. 3. Will clist,nbecl areas be reclaimed? I IYes UNo F161A a. if yes, for %%hat intend purpose is the site being reclaimed? -- _ -- - - - - -- --- -.. - -- - b. \fill 1 „psoil be stockpiled for. reclamation? ( IYes 11No c. Will upper subsoil be simkpiled for reclamation? (]Yes I ItAo 4. How many acres of vegetation (trees, shrubs, ground covers) 1�ill be renu,ved from site? _ — acres 5. Will any mature for (over IOU years old) or other locally - important vegetation be removed y this project? [_IYes FWO 6. If single please project: Anticipated period of construction of -____ months, (including demolition). 7. If multi phased: a. Total number of phases anticipated ____ — (number). t ecf I t f commencement phase 1 month -_ year, (including demolition) ). Ant crpat c a e o - -- c. Approximate completion date of final phase — ___ —____ month _ year. d. Is phase 1 functionally dependent on subsequent phases? f7Yes ElNo 8. Will blasting occur during construction? ClYes 1 iTJ0 9. Number of jobs generated: during construction �� (� —_ ; after project is complete 10. Number of jobs eliminated by this project �N��v_. -_ . 11. Will project require relocation of any projects or facilities? [_IYes E. o If yes, explain 12 Is surface liquid waste disposal involved? f_lYcs rdfJ() a, If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged _ 13. Is subsurface liquid waste disposal involved? ❑Yes CiNci Type 14 15 Will surface area of an existing water body increase or decrease by proposal? Explain _ - - - - -- Is project or any portion of project located in a 100 year flood plain? DYes 16. Will the project generate solid waste? ❑Yes LTNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes r]-No c. If yes, give name — location d. Will any \,Pastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain - - -- -- I DYes ( o I 17. Will (lie project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? - b. If yes, what is the anticipated site life? "18. Will project use herbicides or pesticides? E]Yes E1Yes - _ years. tw o F_:1 o tons /111011th. 19. Will project routinely produce odors (more than one hour per day)? [ ]Yes L 40 0 1--IYes 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 21. Will project result in an increase in energy use? Uyes ct<o If yes indicate type(s) _ --- --- - - - - -- - 22. If water supply is from wells, indicate pumping capacity __KI gallons/minute. 23. Total anticipated water usage per day -INIO-ME gallons /clay. 24. Does project involve Local, State or federal funding? DYes t No If Yes, explain - _ -- -- — - -- 2 HN0 [..R o 35. Approval,; Required: Submittal Itipe Dale City, Irnen, Villa>;c Ilu:mrd I fy es f -It•Jo --- -- - -u -`- --- - -- - -- -- -- -- -- ..._._._....`.. (:ily, lo+�'n, Vill;rl;e Planning Board f lYcs C'INo — __ -- -- - _ -- City, lows zoning hoard I.11'es f. Jo - - -- -------- - - - - -- -- - - .... City. ('cooly lleallh f)epartnmenl L.71'ets C ___._—_ __._.._---- •----- --- _---- -_ —_-- ---- .-- ._.......... 'iI O Other local Agencies I_]Yes 140 ----- ---- -- -------- - -- --- - - -- --- --.... Other Regional Agencies 1".1y es 1.440 r' State Agencies L.11'es I44o federal Agencies l_]1'es 4-No -_ -- -- — -- ---- :.- .-- .. - - It it 'frt C. Zoning and Planning Information t 1 . Does proposed action involve a planning or zoning decision? L. es (JNo If Yes, indicate decision required: 17zoning amendment [.]zoning variance (.. special use permit f 7subdivision I lsile plait j' Llnew/revision of master plan (_Iresource management plan I ?other 2 What is the zoning classification(slof the site? i 3. What is the maximum potential development of the site if developed as permitted by the present zoning? f, Epc,mcr�i frO�AL Ft►vr_2 Co..•,n+Jnor'ty "8OILprr.JbS, C Hvrtc r-rLS, 1rEOC2AL- V LL<io.C- `sot+lrJ - cov,uJry 11U1ta1t4.W4 f' ARt' ac�1. t, P1a .s?GS,__HCIt�rTRt.z_TP2Gf. -E. Straw! t.. c�c�► F. frG[, C _,.�A.vs,�P�Z�Utt�'_GAPL�►GcE.. .__.__..... •... cow+r►�ERcr.1� s ' 4. What is the proposed zoning of the site? er--- Co[425►GoE -. 5. bVhat is the maximum potential development of the site if developed as permitted by the proposed zoning? f ®° 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? L1Yves I INo 7. What are the predominant land uses) and zoning classifications within a '/ mile radius of proposed action? WrVPtfrf Ca��FlitvcL, �CEE�rrvC. C>C. rZAlsrcito CAF &1VA limle -, C�tUE-fr4►•u�Y t/p,srE� 8. Is the proposed action compatible with adjoining/surrounding land uses within a 'A miler C7Yes L IPJn i 9. If the proposed action is the subdivision of land, how many lots are proposed ? a. What is the minimum lot size proposed? _-- _- - -____ ---- -_ -.._ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? []Yes ftfTo I 11. Will the proposed action create as errand for any community provided services (recreation, education, poli(o, fire protection)? OYes I o a. If yes, is existing capacity sufficient to handle projected demand? UYes UNo 12. Will the proposed action result in the generation of traffic significantly above present levels? C1Yes a. If yes, is the existing road netviork adequate to handle the additional traffic? I:1Yes UNo D. Informational Details i Attach any additional information as may be needed to clarify your project. if there are or may be any a Ivor 4.e impacts associated v,•ith your proposal, please discuss such impacts and the nmeasuies which you propose to nmitil;'mle rn avoid therm. E. Verification certify that the information provided above is true to the best illy knwle g r" Applicant /spans r Name Uale (, SCH tCI�L-t_. S`f/�CXST t I Title _\ , _ 1_I�1C_- ___._..._ -. . .t " }signature - -- - } ti yIf the action is in the Coastal Ar , nd y ar s ate agen n mlele a Coastal Assessment Form before prcrcec:ding '`t Willi Ihis assessment. ] i • SPECIAL PERMIT APPLICATION L Bruno and Cathleen Schickel 2. (see attached exhibit A) 210 Schutt Road, Dryden NY 3. The intention of the applicants is to adapt the interior of the existing barn for use as a commercial vehicle storage garage and renovate the exterior in order to preserve the barn facade. No exterior alterations will be required for off street parking, road cuts, etc. 4. (see attached exhibit B) 5. Sewage disposal and water supply facilities will not be required for this vehicle storage garage. 69 The current use of premises adjacent to the existing barn is primarily agricultural. 7. The character of the neighborhood will be improved by the planned renovation of the barn and related structures. At present the barn is in a state of neglect and disrepair. Commercial garage storage is a passive business that does not create an increase in road traffic. The operation of automobile and recreational vehicle storage within the barn can provide the community with a viable alternative to other facilities while, at the same time, creating a monetary basis for preserving the exterior of the structure as well as the character and history of the area. The proposed use for the barn as a commercial storage garage would have a low impact affect on the interior space as to permit future use of the facility for agricultural purposes. It is with this philosophy of caring for older buildings that three other structures in the Dryden area have been restored. * 3 E. Malloryville Rd. - Italianate / Greek Revival Home 1 6 * 931 Harford Slaterville Rd. - 1863 Schoolhouse * 210 Schutt Rd. - Barn / Office Letters of commendation for restoration /renovation from Historic Ithaca were awarded for all three projects. (see exhibits C,D & E) Agricultural buildings in Tompkins County have historical significance. With the reduction in agricultural use for these buildings we, as a community, are faced with coming up with alternative uses for these structures. . Unless we find viable uses for these historical treasures they will continue to rapidly disappear from our landscape. (see exhibit F) 0 8. (not applicable) Proposed use is allowable by special permit. . fl AUG 17 'S5 C�1:01PM TRUE, 14ALSH & MILLER II �' WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE made this 6th day of June, 1995, Between: Bruno Schickel and Cathleen Schickel both of 210 Schutt Road, Drydvy), NY 13053 and Brian Magee of •110 Harford- Slaterville Road, Dryden, NY 13053 and parties of the first- part. Bruno Schickel and Cathleen Schickel, husband and wife, both of 21.0 Schutt Road, Dryden, NY 13033 ' parties of the second part, i WITNESSETH, that the parties of the fi,7st part, in rongideratiQn Qf QI1e ar?d 00/100 belle ($1100); lawful m9ney of the United States, and other good and valuable consideration, paid by the parties of the second part, do hereby grant and release unto the parties of the second part, their heirs; distributees and assigns forever, i ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden; County of Tcmpkins and State of New York; being part of Lot-90 in said Town of Dryden; being more particularly described as folloias; Bounded on the north and west by the north and west lines of said Lot, on the east by the centerline of Schott Road, on the south by a line run by Walter .Sabin (about 1,000 feet southerly from the north line of said Lot), EXCEPTING from the northwest corner thereof (being part of the ' west half of the Survey Fifty-Acres of said Lot) 1.997 acres of land With a perpetual right -of -way in and over an access road 30 feet in width as conveyed to the Western Union Telegraph Company { by Clifford A,R, Schutt and GeorgiannFi E. Schutt by deed dated October 18, 1961 and recorded in Tompkins County Clerk's Office in Liber 437 of Deeds at page 704. ALSO ALL THAT TRACT OR PARCEL OF LAND situate on Lot 90 in said Town of Dryden! BEGINNING in the- southeast corner of the above - described • parcel and in the center of Schutt Road; i; THENCE southerly along the Centerline of said Road, 30 rods k to lands formerly owned by Thomas Hiles THENCE westerly along the north line formerly of Bile, 82 rods to land formerly of Erastus Lord and later of Robert Purvis; C� J ALI G 17 9E. 01 t CaZ*P1 %I TRUE • I_IALSH 1•IILLEF: p �.•�. i i THE ►SCE nor therl)V 30) 2.neIs t0 tha scD l.lt•h 1).Jle Of t!1G p1rCFl described above; THENCE easterly along paid .Line to the place of be.ginni.ng, containing about 1.5.3x5 acres of land. BEING a portion of premises caJ)veyed to the grantors by inst.riiment• from R -obert Stole, Referee in Foreclosure dated June 6, 1995 and intended to be recorded concurrently herewith. It is the intent of this i.n5l:ru,J:ent to convey to the grantees the portion of the premises lying west: of the centerline of Schutt. Road. SUBJECT TO the following 1, i The rights of the pub).ir.. ,n, over and across that portion of the above described premises included within the bounds of the public highways. 2. A poleli and Gas Corpc Georgianna E January 28, Liber 259 of premises, ne eas ration . Schu 1943 i Deeds eme by tt n at nt granted to New York State Electric instrument of Clifford A.R. Schutt and dated October 22, 1943 and recorded Lhe Tompkins County Clerk's Office in Page 450, insofarras it may affect the 3. A poleline easement granted Telegraph � to New fork State Electric and Gas Corporation by instrument 20, 1962 of Clifford A,.R. Schutt and Georgianna E. Schutt dated January part in 17, 1946 and recorded I August 27, 1946 in the Tompkins County Clerk's Office in Liber 291 of Deeds at Fage 1991, insofar as it may affect the premises. 44 A poleline easement granted to Western Union Telegraph � Company by instrument of Clifford A.R. Schutt and Georgianna E. Schutt dated September 20, 1962 and recorded October 8, 1962 in• the Tompkins County Clerk's Office in Liber 442 of Deeds at Fage 344, insofar as it may affect the premises. TOGETHER HAVE AND TO with the premises the appurtenances parties forever, and all the estate and assigns and rights of the parties of the first part in and to said as follows: premises. TO HAVE AND TO HOLD the premises herein granted unto the parties forever, of the second part, their heirs, distri.butees and assigns AND said parties of the first part covenant as follows: FIRST, That the parties of the second part shall quietly enjoy the said premises. SECOND: That said parties of the first part will forever $ warrant the title to said premises. I 1 IVA K ,'I L i w AU 1 ' aE:; 01 02PM TRUE I-J-�LSH c: !'TILLER THIRD: That in Compliance with Section 13 of the Lien Lai:, t the grantors will. receive the consideration for this ccnve }-ance end ;A i11. hold the right. to receive such consideration as a trust fund to be applied first for thc, purpose of paying the cost of the improvement and will api,l�' the same f i rst to the payment of the cost of the improvement befo.•e using any part of the total of the same for an\' other, purpose. IN WITNESS WHEREOF, the paX%ties of the first part have hereunto set their hand and seal the day and year first above written. Bruno Schickel. Cathleen Schit;kel STATE OF NEW YORK ) COUNTY OF TOMPKINS On this day of June, 1995, before me personally came Bruno Schickel, Cathleen Schicl;el, and Brian Magee, to me known to be the individuals described in and who executed the foregoing instrument and who acknowledged to me that they executed said instrument as their free act and deed. Notary Public D 8 p • D i t I z m Y Z y r 4 m r m r 2 r Z m 2 m rn !II i I I i I VI v r £ 2 i L s O a n � a - D ti n r r z �' Z m r Y z r. m i I I i I VI v r £ r M G) M Z 1 0 onQ Z Z 4 � z Po O 3 M4 p z z� � to 3 CORTLAND COUNTY •. r.:::•?.' i :,'_t: "'..__il'+.::rY��ryI.A4'L3• � ]M!sMe�ntlllti4a� ftifUw__--..__ - - ._ A_ - _ 2 i L O a O m a r M G) M Z 1 0 onQ Z Z 4 � z Po O 3 M4 p z z� � to 3 CORTLAND COUNTY •. r.:::•?.' i :,'_t: "'..__il'+.::rY��ryI.A4'L3• � ]M!sMe�ntlllti4a� ftifUw__--..__ - - ._ A_ - _ .�F • M , r 1- �IJT 1- & TOMPKINS COUNTY. NEW YORK LETTER OF COMMENDATION : •�LStZ�LOdt:.'.`sta�: ^,' ...; Lure r..° 1 C 120 NORTH CAYUGA STREET ITHACA. NEW YORK 14850 This is to commend the Schickel Construction Company for the extensive exterior rehabilitation of the Italianate house at the corner 'of East Malloryville and Fall Creek Roads in Dryden. The rehabilitation project included the addition of a sympathetically - designed porch and a fine paint job. The Annual Awards Committee of Historic Ithaca & Tompkins County would like to acknowledge this special effort. Owner and contractor: Company John M. Bacon The Schickel Construction I z � Architectural Conservator On behalf of the 1988 Annual Awards Committee DEDICATED TO THE PRESERVATION OF TOMPKINS COUNTY LANnMAPWk, I 9, u • . •Si.:.:., i,�[L. -LJ. J,�l.. � .�,.�..wr w.. <.�_.�. 7}7000 - n r, lv hX1 i� � (,�. *jq�r �— -. �. •�•h �' Y:�. S j; it Y•�i'�, 1 �n� Y.. -.r� }' i X11. .1 (1: � `�' •.11 - t. t.. . , at It, It PJAesents thz:f Certrfzcate of Recqwwlion to r the re[w ifitation Me sallt.te this effort toloards preserving the historic character Of OUT C07717711,1711 t)1. ;A, Y-5 )- Irc IIO('Ri �'Cp'.+•,,..wr, —.. I.irl•. law k 61 w -�+��f •►; -''"-r �r•7 ' -gym[ L ` �1 ' ' 1 • r -.t_.1 '' I , .;n ; },_'14.• �p_/ 111' Y.� .i yl Tt,•M -�, ri f' '.',• r� .a.�{ it V,�•.� �? .r. �i�.T`,jaa1�.' �`�iti• 'IBM. • �. *�� ' I .III ,. �...yb 1' Ll❑ wa�� r _ F .._!_ .ti ;�: '' �!!,a I•' :��t vc' .✓ �r 1 1�/� �,! .1� I•yi�-• ?p' ..� � :� :: j`o. .ti ..f��L,. .��. �'r tiv... �\ �At• M._ ,,y •' _�ir ,r" .1{r�.`�, ' °(i•'4,L'.RrY � *- •�,.•.r>J�.- .'��,I�„w. ��'"s_Y__l ..:ref' "•��.�.'_''-Pti�__`'�'���� ,....V.. TO 120 NORTH CAYUGA STREET ITHACA, NEW YORK 14850 & TOMPKINS COUNTY, NEW YORK LETTER OF COMMENDATION This is to commend Bruno and Cathleen Schickel on the adaptive use of the barn at 210 Schutt Road, Dryden. The decision to sensitively incorporate office space into this older rural structure should serve as an example to others, which is particularly important given the, diminishing number of barns in New York State. The Annual Awards Committee of Historic Ithaca & Tompkins County would like to acknowledge this special effort. Owners: Bruno and Cathleen Schickel Contractor: Schickel Construction Company Architect: Tom Schickel k Barbara E. Ebert Executive Director On behalf of the 1990 Annual Awards Committee :f C_1 E /a\ HISTORIC ITHACA "F 120 NORTH CAYUCiA STREET ITIIACA, NEW YORK 1485O (607) 273 -6633 FAX (607) 273 -4816 Aug. 11 1995 Town of Dryden Dryden, NY Re: Adaptive re -use of aaricultiffAl ¢tri imi ireq at qn gr`hi itt Rri Dear Board Memher .q, Historic Ithaca. Inc.. has a. strong interest in maintaining and preserving the character of the commi.initiaa of Tompkins County, and we are especially intArAateri in the bi.aildings and structures that reflect oi)r heritage as an agricultural rommttnity The reality is, however, that fewer and fewer of us make a living through farming and even those farms still in buslnes.(; arp now organizPd in ways that make many of the fine old harns nhsole.te and difficult to maintain. If these these buildings are to survive, it is Often necessary to find for them new uses r;onsistnnt with rn it rhanning lifP00 /1A The National Trii0 for Hi ;tnrin Preservation acknnwiedges the need for adaptive , rp -i.ise of older farm structures through their innovative "Barn Again" program that encouranP-,; and rewards rural homeowners who find nevv ways to itsp thPSp heautifLil buildings. We agree with this idea, and for this reason we write in support of the apnliration by ;_Jq �: hick?l fora rweativp adaptive re -use of a, barn at 98 Schutt R.d. Adaptation as a. storage facility alJOAAM the barn to be essentially unchanged nn the exterior and leaves the. possiblity for de- conversion or further interior changes in the future. Furthermore; self storage is a growing industry in our area that has required much new development on what had been open land; use of existing buildings for this purpose not only puts them back into productive ijse hilt hpinS nridrP.qs a rnntpmnorary need while nreservino the rural character of the town. Mr. Schickel has won awards from u.q hefore for sensitive and ircatiVt? rr -t t.; Cif former agricultural hllilrlinnC and we anplaud his inaenuity and enerav in findina a new use for this building. Vision of this kind helps Suppnrt the economic base and- the liveability of Drv_ den. We hone your board will approve Mr. Schickel's project. Reaards, Ed Fra.nquemont Executive Director DEDICATED TO 'llit: PRESERVATION OF TOMPKINS COUNTY LANDMARKS Sl owN or DRYDEtI, DRYUrt1 NEW YORK MAIL Oft DIIING lilts rUnNl 10: town Cleilc lovrr► of hyden hydert, flew Yolk !,Itccl;►I ('ettnit flu n111111calioe dale _. Pamel Ilun►ber — 7one nf1111lcnIfoil is hereby Ilmde to (01111d Q I, Lxletrd (I, Convert Other A S(rudme loc:aled .,I K,L� _ towrt of Dryden, flew Yorlc. to hn Used for �,pN1y_�F_�l_ .I_h1._'....Cc IZ.b _._ -_.. At e Cost of LAS Owner of I and _1 i � _E ✓1Ct .L� _ -SS SIG -� �_ - - -- — Uullder = k_ ".�L © ►1� ?ICs La'IUt It Construction Is for oilier (Iran (ttesent Land Oweer, Show Cov�cpgnr� 1 Flmno - - - -- -- —N il_ -- _.... -- - mailing 11►Ititess _------- - - - - -� �-- - - - - -- -- litc SiluclnIe(0 will 1) as follows,:// Iy1)e of CoI151111c11011 tluntber of slodes Number of Unlig Tylle of licit flue►ber of flallts — _N_/�--------- - - - - -- S(lonrn rl. rloor ntea: l3asn.ment V Itst floor Second I "lour Over Second .; l Ileclt►Iled f'ern►Ils Obinined Dale 1 on►Itldlts Cout►ly I lealllt Dept. -- SlreeQ Opening f3lasling -- - - - -- _ - -- Seltervisor: Water In 1) — - - - -- Sewer Ialr Illf;l►way Sul,l: Crtivetls DIlveway — y_- . -__ - -- Didp,, lnc�pvdur Mullilrle Pesldence 1110 U11ders1gned 1111hlies for pernrlsslon to do Ihn nbove, In nccotciance will► nil It►ovisions of nll i.nws of flegulallons of the lows of Dryden, flew Yoll <, or others having Iutlscllcllon, nrld niifre►s Ihnt nll elnlr.- ntenls and Inloretallorl glvell herein tale collect to ti►e best of Ills belieft tale of I lea►b'P - -- - -- (ale of ndmUsing fee Pald Advellising 0 Sltecfal I'etrtlll Apploved Special I'VIIIIIl Dented __________.---_----------_-.-- llncler nrllcle Xlil of 11►e Zoninp, Ordinance. 1111MIL W). Pg #5 w • IMPORTANT NOTICE TO: To: All AP'P'LICANTS of Building Permits, Special Permits, Zoning Variances and All other, Type of Required Reviews or Permits Issued by the Town of Dryden. Effective Date: September 14th, 19886 From: Fie To Dr Sub: Vi rr r W rr yd of 0 U y e a T� n M. of rr , do Ti ifo S Dr Ne n t r late yder w Yo of a e 19 Bui r, Z , 65 rk 1 ny P N. Y ldin oni Ea 305 art . Co g & Be Advised as Follows: ng Building Code Enforcement Office st Main Street 3 or Parts of, The Town of Dryden Zoning Ordinance R.R. (Administration and Enforcement of the Fire Prevention Code). Due to the ongoing disregard of both the N.Y.S. Building & Fire Prevention Code and the Dryden Town Zoning Ordinance, the Town of Dryden will STRICTLY ENFORCE all REOUIREMENTS & REGULATIONS of both. The following will be the general policy of the Town and this office: 1 >. No al su �N e . un 5 do BUIL I oth bmitt PLJ5L til t pport cumen DING PERM er requir ed to thi IQ HEARIN his offic ing docum is are fo ITS wi ed per s off (is or e has ents a and to 1 m c r r� 1 be issue its, certi e and fours OWN REVIEW eviewed an e 100% com be accurat d to fica d to E wi d fo plet e an any applic ter and doc be accepta 11 be 5ched and that al e and that d complete. ant I'll me b 1 e �L1e 1 a all u nt5 an d f ppl n tiI hra d c or ica ces v 0 t s 5 e m i a uch bee plet osg n ry s t n e u ime that {pose pportinr 3). If at any time prior to the issuance of any above permit or authority to proceed has been granted, it is found that CONSTRUCTION or OCCUPANCY has begun or taken place, the violator and property owner will be PROSECUTED in a court of law by this office or the Dryden Town Legal Authority. 4). After necessary permits have issued, if it is found that any holder of any permit takes occupancy, opens its doors to the public or uses a permitted device without obtaining a CERTIFICATE OF OCCUPANCY or CERTIFICATE of COMPLIANCE, the holder of that permit will be PROSECUTED in a court of law by this office or the Dryden Town Legal Authority. 5). In summary, no violation or noncompliance of either the Dryden Town Zoning Ordinance or the New York State Building 8 Fire Prevention Code will be tolerated by the Town of Dryden. No violation of any local, county, state or federal law or regulation will be tolerated either. Action will be taken against all violators. Penalties for such violations are, $100.00 per day not more than 15 days in ,jail or both. Each days breach shall constitute a new and additional violation. 6). All fees and reimbursable expenses must be paid within, 10 days of billing by the Town of Dryden. There may be more than one billing. 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IM, bFj t y S ' •ri. . 1 PIZ IZP Atillifli , n v 4 1 : ya tl•1 ) c+ -rp•Oh I- fill if I t 'll'ILL I'``f3'�A IV iti „y ?IT "I4 fw. 1, I.I. y t ' H+F";Ilil Y "..i * ( IA I IPJ.- I 1 1, V It I b \ 1 L i . I t•p f + 4 1 �!I' r A w t fqv e , • ALI, 1 } b it oil • 4 }I >f E�I;� it 1,:. 1 �t a +n Y{ 1. rtY I 1 •11 I F s r r {Y It 'tii 1 s. t.M , AI AL 15� TB10 -10 -95 Page 2 this works • out then we will convert the ground level to accommodate the rest of the storage vehicles. Clm Roberts - wanted to know how many vehicles he would be storing. Bruno Schickel - it depends on how big they are and what it is. I think 60 would be like sardines, so it would be substantially less than that. I am not sure of how many. Clm Roberts - would these all be licensed vehicles. Bruno Schickel - it never occurred to me. I could see a situation where someone would want to store for an extended period of time and wants to take it off the road. These would all be stored inside of the building. I will be able to keep the agricultural look of the barn. Clm Roberts - wanted to know if he would be doing any work on the outside of the building. Bruno Schickel - we have done some work on repairing the siding and the roof. They will be putting in some overhead doors and painting. Supv Schug - if you are storing vehicles on 2 levels, he questioned gas and oil being in the vehicles. Wanted to know what the floors were made of. Bruno Schickel - it is wood on the second floor and concrete on the first floor. I thought about how we people to bring the We would have to make increasing the risk understand would deal vehicles that a of fire, your concern with that. in with as little requirement. since there and hadn't really I guess we would want fuel as possible. I don't think we are was hay stored there and there were gas vehicles running inside the building. Supv Schug - was concerned about possible explosions. If this permit is granted you should let the fire company know what is being stored there so they will know what to expect. Clm Roberts - wanted to know if he planned on doing any repairs or sales at the site. Bruno Schickel - no, it would only renting of spaces and would be done out of their office. Clm Roberts - wanted to know if lighting would be added to the site. Bruno Schickel - presently there are 2 lights which light up the front and one side of the building. I would add another light for • the back of the building and one for the side that is not lit now. I j lvli TB10 -10 -95 Page 3 Clm Baker - wanted to know if there would be a chain link fence and outside storage for boats or anything big. Wanted to know if he would be agreeable with that stipulation. Bruno Schickel - there would be no outside storage and did not have a problem if that was a requirement. Clm Baker - wanted to know the hours of operation and when would be the peak times. Bruno Schickel - could not answer that at this time. I feel it will be day light hours. It is more of a seasonal type use. Craig Schutt - was concerned with the driveway itself since it is a blind driveway. There is no way to see them and there have been accidents at that driveway in the past. I am concerned about someone with a long boat or something and unfamiliar with the road and blind spot. Bruno Schickel - Craig was the former owner of the property and there were all sorts of vehicles and farm wagons pulling in at a much slower rate. I have looked at it and it isn't as blind as it appears. It goes out about 150 feet and then drops down as you are looking down the road. It drops off at a fairly slow taper. I think you sort of have a feeling you don't have as much visibility as you might think. I think it is good in some ways • because it makes people tend to scoot out and not dilly dally around at the intersection. As far as traffic is concerned, clearly the type of thing we have in mind here will be a fraction of the traffic a farm operation would have. Craig Schutt - the fact is we understood the driveway, and that I s not to say we didn't have close calls. You get a stranger that doesn't know the driveway with a long trailer who takes their time coming out of there, somebody is going to be in trouble. i Brian McGee agree with - I own the land across from this proposed project. I the blind spot in the road and there is a possibility of making an entrance at the top of the hill where you can clearly see in both directions. The road is narrow and has been improved so people tend to drive fast. Bruno Schickel - there are two possibilities for adding an additional entrance or exit. One would be the spot where Mr. McGee is talking about. Right now there is a driveway on one side of the house and this would require another driveway on the other side of the house and I do not think this is advantageous. The other spot would be to move the other driveway further up Schutt Road where the road levels off and there is more visibility. If the board deems this necessary, I would find that acceptable. For the amount of traffic we are talking about, I question the • necessity. There is no question it is a difficult spot and I would have no problem with putting in another entrance. I would TB10 -10 -95 Page 4 like the option as to putting it on the north side of the house or the south side of the barn so I would have some flexibility so I can measure the visibility as to which would work the best. Brian McGee - I have no problem with that, that was my only objection to this project. Closed public hearing 8:OOPM Supv Schug - reported the town board would recess at 9:OOPM for executive session and should take 45 minutes to 1 hour. TOWN BOARD MEETING OCTOBER 10, 1995 Supv Schug called the meeting to order at 8:OOPM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call was by Town Clerk Lloyd: Present: Supv Schug, Clm Baker, Clm T. Hatfield, Clm C. ® Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater APPROVAL OF THE MINUTES Motion was made by Clm Roberts and 2nd by Clm C. Hatfield that the minutes of the Town Board meeting 8 -8 -95 and Site Plan Review 8 -8 -95 be approved. Carried Motion was made by Clm Roberts and 2nd by Clm Baker that the minutes of Site Plan Review 9 -5 -95 be approved. Carried Board members went over EAF form for the Schickel application. RESOLUTION #214 ACCEPT SEAR EAF FORM NEGATIVE DECLARATION - BRUNO SCHICKEL Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the SEAR EAF form as modified. It was determined there was no significant environmental impact and a negative declaration should be made. 2nd Clm C. Hatfield Roll call vote - all voting Yes 161 TB10 -10 -95 Page 5 RESOLUTION #215 GRANT SPECIAL PERMIT - BRUNO SCHICKEL Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant a special permit to Bruno and Cathleen Schickel at 98 Schutt Road with the following conditions: 1- no sales or repairs; 2- no outside storage; 3- addition of one light; 4- "Boiler Plate Conditions" where applicable; 5- new driveway acceptable to highway superintendent; and 6- restricted to present owner (Bruno and Cathleen Schickel). 2nd Clm T. Hatfield Roll call vote - all voting Yes RESOLUTION #216 there was a special committee. There are change the amount of DEMOLITION AT 1062 DRYDEN ROAD HEFFRON PROPERTY PARCEL #55 -1 -11 Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this properly dispose of relevy the cost on 2nd Clm Baker COUNTY BRIEFING Town Board the unsafe the town Roll and call accept the low bid to remove and structure at 1062 Dryden Road and county tax bill. vote - all voting Yes Co. Rep. Evans - reported on the county budget and they expect to have a 0 tax increase. However, that is not the whole story since ® the county at the end of this year will have a $2.5 million surplus, plus $1.6 million in roll over funds. The total infusion of money from taxes into the county budget will add up to 6.7 percent. In my committee the largest item is $100,000.00 for court ordered psychiatric examinations upon youth in the court. This was paid by profits made in the mental health department largely through enhanced medicaid payments which are being cut out. Another item in his committee budget of $79,000.00 is to replace 11 cars in the health department, all of which are 1987 or older. These cars have attempted to run over the last 5 years since their budget has been cut. They are at a point now where they have to be replaced because they are not reliable. As additions were made to the budget over 3 percent was added over the county administrators recommendations and as usual it came out of roads and bridges. There is a major increase in funding roads and bridges, but no where near what was requested. Co. Rep. Lane - transportation are those that there was a special committee. There are change the amount of request of $798,000.00 in the two kinds of requests. There money in the target for the department which means next year it builds on that amount and we have a one time only request which will not add to the base budget. We had time target and targets so we had recommended that $198,000 the rest of the $798,000.00 something to build for on. We equipment be a one be added to the would like to see 0 /0v I 9 %63 TB10 -10 -95 Page 6 ® the bridges and roads brought up a little faster than they are now. The budget committee did back some of the financial target areas. They hope to rebuild the Comfort Road bridge in Danby next year. Gave copies of bridges and locations in the Town of Dryden to board members. Co. Rep. Totman - Local Law amendment regarding solid waste law passed in 1994 - in April the town board asked me to look into the possibility of amending the local law. The county attorney did report that the local law was stricter than the state law and there were many reasons for it and felt there should be no attempt to change the law. I talked with Tom Todd and he went to the solid waste committee to discuss this situation. He felt the solid waste committee did agree that part of this law should be changed. The resolution that is going to be presented was drafted by Atty Perkins and I am sure the committe will agree with it and will be presented at the next board meeting. CITIZEN PRIVILEGE OF THE FLOOR Pam Stonebraker, SPCA - in 1994 they ended up with 500 plus extra dogs. They were able to lower the euthanasia rate by 1 percent and raised their adoption rate by 2 percent and redemption rate stayed about the same. In 1995 through August they have seen the adoption rate go up another 2 percent and redemption rate up 4 percent and euthanasia rate is down by 6 percent. This has been • accomplished through marketing strategy. Also, they have a community education program since 1994. Supv Schug - the board disagrees with the 2800 dogs that are supposed to registered. be harbored The town has in the town. We have been unable to find roughly 1700 dogs a dog enumerator and if the SPCA will do it it will come to about $3.00 a dog and save a lot of extra work for the town clerk. have a already Pam Stonebraker - they have had a request from the Town of Newfield, Ithaca to and have a standing request do their enumerations so from this year the they City and Town of decided to try to do all this in a of the towns. They would 2 week period. They have have a already team started of people to do in the Town of Newfield enumeration and Town of Ithaca. They for the town in the early would be spring able or to summer do the of 1996. Supv Schug - there is the question of New York State putting a $3.00 charge on any unneutered or unspayed dog and this money goes to New York State. Pam Stonebraker - that is correct beginning at the end of January. This will go into a spay and neuter fund to help pay for the spaying and neutering of dogs and cats adopted from shelters. We would like to say for the record that the SPCA, even though they agree with spaying and neutering sheltered animals they have requirements for that. They felt this was taxing a very specific group of dog owners and the dog owners were paying for the spaying and neutering of dogs and cats. I I R a a TB10 -10 -95 Page 7 • Supv Schug - the Town Clerk's Assoc. is thinking of putting together a resolution opposing this. This is just another collecting fee and sending it to Albany. If the Town Board passes a resolution opposing this and sends this to our representatives they and county board would you be prone to ask our state legislatures the same thing, to get off the dog and cat peoples back with this. It is just another way of putting a lot of funds and hire 7 more people in Albany to keep track of the money and none of it goes to spaying and neutering of animals. Co. Rep. Evans - the SPCA reports to my committee so if the board sends me a proposed resolution. We are meeting on Thursday so if we can have the resolution by then we can act on it. The town board and county board will continue working on this additional license fee. Pam Stonebreaker - gave the board members information regarding cats in the Town of Dryden. Currently the SPCA has a contract with the county to pay for cat control as well as cruelty investigation. Out of the contract $18,000.00 pays for the cat control portion. Our expenses for cat control is $36,000.00 so we have been left for several years with a $18,000.00 deficit. This is for stray cats only. Right now it covers 5 days of housing which is required by the ag and markets law, vaccinations and euthanization if necessary. If they are not redeemed by their owner then the expense of keeping them longer than 5 days or any adoption costs that may incur are covered by the SPCA humane funds. This does not cover the cat costs that are turned in by their owners. This is for only cats that are lost or stray. We are looking for the Town of Dryden to consider partially funding cat control for the portion your citizens are using. We are looking to allocate fairly the remainder of the expense we have for this service. The SPCA can not continue to do this year after year at a $18,000.00 loss. We believe it is a valid service to help with the control of rabies. We are asking each municipality if they would consider giving a contribution for cat control based upon the use by their citizens. For any municipality that does contribute to our cat control program by the schedule we will resume in 1996 picking up all of their stray cats and assisting the public of trapping feral cats. The cost for the Town of Dryden would be $5,269.00. If the county would fund more money in 1996 to the SPCA for cat control then the contribution request would be lowered. Supv Schug - what would happen if you told the county you were not going to do cat control any more. Pam Stonebreaker - we did consider that option, but we would rather keep the service the people are using and do what is best for the people. is TB10 -10 -95 Page 8 Co. Rep. Evans - to review this issue of the budget for the SPCA as I understand it, Pam is correct. During the budget cuts over the last 4 years their budget was reduced. Last year the county looked at their base budget at the time before any cuts were made and compounded 3 percent on top of that for the 1991, 1992, 1993 and 1994 and increased their budget by $20,000.00 and we I ncreased it to $26,500.00. At this budget round the SPCA requested a budget total of $9,000.00 ($3,000.00 for trapping of cats and $6,000.00 for boarding of cats) and the budget provides $5,000.00. Pam Stonebreaker - if we get the $5,000.00 we can reduce the $18,000.00 to $13,000.00 so the Town of Dryden's share would be a little less. Supv Schug - so what will the SPCA do if the county will not give you any more money and they don't care what you do with the cats and the town says the same thing. Pam Stonebreaker - we would have to stop providing stray cat service. We don't want to do that and we have been trying to with the county for several years. We know what our expenses Co. Rep. Evans - the total appropriation is $31,500.00 we are giving the SPCA $31,500.00. work are. Pam Stonebreaker - $10,000.00 of that goes to cruelty for animals investigation, which is a mandated service by New York State. We are doing about 200 investigations a year. Supv Schug - I would like more time to think about this request for money for cat control. Monica Ross - from Cooperative Extension - Ag exemptions - the eastern part of the county is under review. Dryden was the first district formed in Tompkins County and in 1978 the ag district in the Town of Caroline was formed. When a district is formed it is with the involvement of the property owners. They all sign a petition to create an ag district. Once an ag district is formed they are reviewed every 8 years. We are now in the process of reviewing these districts. The county is charged with the review process. The Agricultural and Farm Land Protection Board, which is an advisory board to the county board of representatives, does a lot of the work and gives that information to the county. The things we will be looking at is what is the viability of farming today. Also, the State wants us to look at the soil resources in agriculture, where are the best soils, where are the best places we really want to protect land as well as farming. What else is happening in the towns as to what extent development is occurring, where are the development i I i TB10 -10 -95 Page 9 • patterns, are they in ag districts, do we want to take those lands out of the ag districts. This is something we will be looking at and also what are your plans. We need to know where water and sewer is planned for your town. Every time there is a water and sewer district in an ag district there are limitations imposed by law. Water and sewer going through an ag district limits the hook ups. You can only hook up to existing structures in an ag district. If you have situations where you are looking at water and sewer that might be something for us to consider in the review process. Where the ag district intersects with local community action is when there are public funds for infrastructure development. There is a process required of notice of intent which means that if you are thinking of installing water and sewer, roads any kind of publicly funded infrastructure you would have to notify New York State Ag & Markets and provide information as to the impact on farming. The purpose of this provision of the law is essentially to make a full evaluation of what the impact will be in an ag district and to be able to access that honestly. The commissioner reviews this proposed action and looks to see if alternatives have been considered and might even propose an alternative to be considered. They would provide you with an action or statement as to the ag and markets view. In that process they look at the information that you would provide. Also the Ag and Farm Markets Protection Board would also review that same information that you would be providing and • looking at the situation and identify what the impact would be if any municipal action. We would make our comments to the State for consideration. Essentially this is an extra step pertaining to ag districts. It is the State policy to try and encourage, enhance and promote agriculture as a major industry in the State. The intent of the policy is to have communities be aware of the agriculture that does exist and evaluate it when projects are being proposed and look for alternatives that would minimize the effect of an operating active farm. For private developers, when they are proposing a subdivision in an ag district they are required to provide an agriculture data statement. This is to be filled out if they are coming to the board for a special use permit, site plan, etc. If they come to the board for municipal review this is something that needs to be included in an ag district. This is for you to look at and decide what the impact will be on agriculture. The developer is required to notify farms within 500 feet of the development. The other provision of the ag district law relates to local laws that would restrict farming practices. The ag district law precludes local laws in restricting farming practices unless in the case of health and safety. This would have to be proven whether or not the practice is unsafe and this is determined through the review process of the State. Supv Schug - the town board passed a Local Law #1 - 1992 Right to Farm Law �J X66 /G7 TB10 -10 -95 Page 10 ® Monica Ross - the review process starts when the State notifies us that it is time do a review and it starts 300 days before the anniversary date of the district which is April 28th. We are at the information gathering process right now. The town did receive notification that the town is under review. Between now and when the public hearing will be held the Ag & Farm Land Protection Board will be gathering information from land owners as well as the farm community and the towns. This will help us decide what lands should stay in the ag district and what should be removed. This is what the public hearing will be about, those recommendations. This will be held on December 19th. She gave board members information regarding the ag district. Recessed for executive session - 9:OOPM regarding litigation The board meeting reconvened at 10 *10PM RESOLUTION #217 ARTICLE #78 AGAINST ZBOA Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board file for a motion for an Article #78 hearing in the matter of the September 12, 1995 findings of the Zoning Board of Appeals which is in regard to the Schlecht application. 2nd Clm Baker Roll call vote - Supv Schug Yes Clm Baker Yes Clm T. Hatfield Yes Clm C. Hatfield Yes Clm Roberts No CITIZEN PRIVILEGE OF THE FLOOR Ralph Varn - I have the complete water line and sewer line installed, the base of the road is installed except for a narrow strip at the entrance where NYSE &G is making a gas connection. There will be electricity there by this Friday. I am hoping you will accept the road and the utilities that are in those roads contingent upon final acceptance of the sewer main and the punch list items Dave Putnam has drawn up. Acceptance of the base road by the town highway superintendent. They intend to finish up everything except for oil and stone which should be put off until sometime in the spring or summer. The curbing has not been put in yet at the entrance - 225 feet. The sidewalk, the landscaping is not complete yet. There is a letter dated 6 -11 -95 from Larry Fabroni which has the cost of the road and what the certified check would be. To put the road in based on that letter is an amount of $9,800.00 for the oil and stone, $4,500.00 for the curbing, $4,500.00 for the sidewalk and $3,000.00 for the landscaping for a total of $21,800.00. I would like to propose to the town that we supply to the town a certified check for $25,000.00 to cover those expenses. We are hoping to have the I TB10 -10 -95 Page 11 curbing, landscaping and sidewalk done within the next month or month and a half. The oil and stone for the road would be done in the spring. I have an estimate from Vestal Asphalt Co. for $9,765.00 for the oil and stone. The bid is made out to me and the Town of Dryden. I am proposing one and one half times the amount instead of $21,800.00 I am proposing $25,000.00. Also I would have to pay the town $15,000.00 for the Snyder Hill work that will be done. Supv Schug - questioned about the mitigation of the buffer to the neighbors. Ralph Varn - that is part of the landscaping which will be done within the next month to month and a half. They are going to continue working on that. The next step is to put the curbing in then the walkway in. After that is in we will plant some trees. The Planning Board and the paper that Barbara signed with the contingencies on it talks about that. It is item #4. Supv Schug - questioned the road not being oiled or stoned before winter this year. Ralph Varn - we are thinking we shouldn't do it this year since we didn't have much rain so things can settle in. In the spring we will touch it up and do the oil and stone. Supv Schug - that means we don't plow it this winter. Ralph Varn - if you accept the road you plow it. Supv Schug - asked Hwy Supt Gilbert if we accept a road that is not oil and stoned. Atty Perkins - $125,000.00 was the original amount the Planning Board set based upon your recommendations. If the town board was to accept the road prior to any completion and improvements. Ralph is asking for your discretion to reduce that amount of money and accept the road before it is completed by having him post security for that. If Ralph completes it satisfactorily and within the time specified by the board he gets his money back. If he doesn't the town has the funds there to complete it. Ralph Varn - we are perfectly willing to do the oil and stone this year rather than waiting until next year. He felt it would be best to wait until next year since we have had no rain. I feel we will get a better overall road for the town and I will have less liability. Atty Perkins - asked Hwy Supt Gilbert if we plow other roads that are not stoned and oiled. 40 Hwy Supt Gilbert - yes, the trouble I see with this is if we accept the road now the guarantee would only be for 6 months instead of the year. 16V i i i I 0 I i 1i TB10 -10 -95 Page 12 Supv Schug - so Ralph would have to guarantee the road for 18 months if he wants to do it this way. Ralph Varn - that is fine with me. I think it is in everyone's best interest to do it in the spring next year. It is up to the town board. Supv Schug - asked Hwy Supt Gilbert if he would recommend that this road be oil and stoned in the spring instead of now. Hwy Supt Gilbert - agreed. Atty Perkins - the road will have to be graded and crowned in the spring before it is oil and stoned. Atty Perkins - if the town elects to do this then you have to decide the amount of security. Supv Schug - the sewer main and water line is going to be completed before you ask for a C.O. mortared Ralph Varn - yes, the punch list items that Dave Putnam has. The sewer line and manholes are all in. The water line has water in it, been flushed and now we are doing the pressure test. • Supv Schug - acceptance of the road by the Hwy Supt Gilbert without the oil and stone. Ralph Varn - correct, and the ditches and shoulders. Supv Schug - went over Dave Putnam's punch list. Frames, covers and manholes mortared in. Ralph Varn - they are there and the manholes should be all mortared in by Friday. Supv Schug - dirt removed from the manholes and inspected. Ralph Varn - that has been done. Supv Schug - flush the sewer mains. Ralph Varn - we are going to do that. Supv Schug - Oct. 13th prior to acceptance Larry Fabroni will submit a new detailed drawing showing the benches so the spring line is straight. Supv Schug - asked Dave Putnam if he was happy with Item #5 and Item #6. Dave Putnam - I will be more than willing to look at it and go through my letter and get an answer back. �6� I F TB10 -10 -95 Page 13 • Supv Schug - the changes for the different laterals are no problem and you will provide the easements on them. Ralph Varn - correct. Supv Schug - the Town of Ithaca requires a meter after the sewer flow is 5000 gallons on Route 79 as we approach that threshold. Larry Fabroni - 5000 gallons is the joint sewer entity threshold. At the board they decided at what point should you have a flow meter and that is where the 5000 number came from. Supv Schug - the Town of Ithaca does not require a meter until the sewer flow is over 5000 gallons. Is that okay with Dan Walker and the Town of Ithaca. This should be in writing from the Town of Ithaca. Larry Fabroni - we haven't discussed that number with him in particular. Ralph has talked with John Whitcomb. Supv Schug - item #9 reads that the Town of Ithaca does not require a meter until the sewer flow is over 5000 gallons. Larry Fabroni - that is the stated policy. I don't know how else to answer your question. You, the Town of Dryden, the Town of • Ithaca, and the City of Ithaca have passed a resolution to that affect. This is what I am saying. • Supv Schug - our resolution was you had to have a meter from the beginning. If the Town of Ithaca wants to wait until you get 5000 gallons and you get them to sign off on then I don't have a problem. Ralph Varn - we are going to put a meter in and we would like to put that off until we reach the threshold, until maybe 5 houses. Supv Schug - you will have to get that in writing from the Town of Ithaca. Dave Putnam - wondered if the town should also have a reserved amount of money in the figure for the future installation of the meter. Larry Fabroni - I would ask if you came to that point you would still be able to withhold C. O.'s or other things for subsequent housing sites. There is only one house there now with 1400 feet of road and you are covered by what Ralph has offered to you tonight and we would never need a meter there for that one house. If we don't come back until there is at least 5000 gallons in there and you felt you had to ask for some security in subsequent years just because you are uneasy we could at that point. 17() I 1 TB10 -10 -95 Page 14 Supv Schug - you are saying you don't want any meter in until you get the 5000. I am saying that as we look down the road there has to be some protection for the town to move the meter up to the Dryden town line. Ralph Varn - wanted to know if we could tie this in with the second part of Phase I. Supv Schug - whenever we do this it is going to be written by the lawyer. Ralph Varn - with respect to Item #11 - conditions 1 through 5 these conditions apply to the first developed lots shown on the said subdivision plat as 27 through 39 and lots 41 through 44. Should you request a building permit for any lot other than those enumerated herein you shall complete all required improvements with respect to water, sewer, roads, retention area, mitigation, etc. or you shall deposit with the town a sufficient amount. That meter which would be on the town line is within that second part. All we are trying to do is be economical. We are saying the road, water, sewer will be done. What will not be completed will be the shoulder and ditches etc. Atty Perkins - we are looking for money to cover the curb, landscape plantings, sidewalks, oil and stone to the road. Supv Schug - the landscape plantings is mitigation to the neighbors problems. Ralph Varn - we are continuing to work now and hope you will release the money once that portion is done. Atty Perkins - you have to have all of the mitigation measures completed before you ask for a C.O. Ralph Varn - no, the mitigations are the landscaping plans. We are saying we would like to get the rest of the things done in 2 weeks and be able to move this person in contingent upon getting close the house we have the the road in 2 weeks. We just want to permit for, but this is accepted. If you accept it now than I don't have to come back to the November meeting. Atty Perkins - the only thing you are asking for relief from is the current landscape plantings with mitigation measures conditions #4, sidewalk, stone and oil of the road. If we assume that everyone has signed off on the water and sewer and everything is in place all we have to do is come up with this one number. Ralph Varn - correct, if by chance something changes and we have to come back again to have another conversation. �J 4 i I V TB10 -10 -95 Page 15 Ralph Varn - I can't get an electrical final until there is electricity there and I can't get a water final until there is water there. I have to get those two items to Henry before he can give me a certificate. Henry has done his inspections as far as the building is concerned. We expect to have those 2 inspections by next week for Henry. Atty Perkins - wanted to know if Dave Putnam had any concerns. Dave Putnam - back in June the base numbers were adequate. The only concern I have is I don't know if all of the storm drainage work, which is an $8,000.00 number has been done. Ralph Varn - all of the retention areas and all storm drains are in or will be in for you to okay. They are not part of the $25,000.00 they have to be done. Dave Putnam - I guess back in June we agreed that the $9,800.00 for oil and stone and the other figures were good numbers. The biggest number is the oil and stone and he does have a written quote. Ralph Varn - the quote for oil and stone is $9,765.00. This is the only quote I have right now. Atty Perkins - if you follow your past practice, you can accept the numbers from the applicant. You are looking at a security of $32,700.00 and $25,000.00 has been offered. Supv Schug - wondered if he was going to ask for another building permit until the road is accepted. Ralph Varn - I don't see it right now. We have a second building permit and we are hoping to build that house this fall. We want to get everything cleared up first before we make that decision. The only thing I can say on the $15,000.00 figure is I will agree to tie that up. Atty Perkins - the $15,000.00 is a separate issue and the town is entitled to that anyway. That was understood it was to go to the town to cover the cost of improvements. The other possibility is you end up with one house and the town ends up with a lot of properties on the tax roll and plowing a road with one house on I t. That is not very cost effective. Larry Fabroni - we could appeal and accept it as a driveway for now and give us a C.O. and we will be back in two months with everything done. E 12wowo. 0 RESOLUTION NO. 218 Councilman Baker offered the following resolution and asked for its adoption. WHEREAS, the Town of Dryden Planning Board approved the subdivision plat for the Peregrine Hollow Subdivision conditioned upon certain occurrences as more particularly set forth in the Letter of Approval dated August 18, 1995 signed by Barbara Caldwell, Chairwoman of the Town of Dryden Planning Board, to which Letter of Approval reference is hereby made, and WHEREAS, the developer of the Peregrine Hollow Subdivision has partially completed some of the roads within such subdivision which roads will serve Phase I, and WHEREAS, the condition and sufficiency of such partial completion have been inspected by the Town Highway Superintendent and the Town Engineer, NOW, THEREFORE, BE IT RESOLVED, that upon fulfillment by the developer of all of the conditions of the Letter of Approval of August 18, 1995 and upon • recommendation of the Highway Superintendent and Engineer, the amount of money to be deposited with the Town pursuant to Condition No. 2 of such Letter of Approval of August 18, 1995 is hereby reduced to $32,700 on the express understanding that all the remaining conditions of such approval including the amounts set forth therein and with respect thereto shall remain in full force and effect. Seconded Councilman C. Hatfield Roll call vote - all voting Yes 1J / ?3 TB10 -10 -95 Page 16 Atty Perkins - the board will have to decide what is adequate security to protect the town if the town should have to go in and do some or all of the matters which have not been completed. $32,700.00 $21,800.00 last summer is the total of the work times 1.5. When the town to the planning board you that has not been board made the took numbers done. recommendation you felt comfortable with and then applied a factor of 1.5 to guarantee to make sure there were enough funds there. Ralph Varn - if you are reluctant then why don't we just do the $32,700.00 we have no problem with that. RESOLUTION #218 PEREGRINE HOLLOW SUBDIVISION I BOND TO GUARANTEE PHASE I COMPLETION Clm Baker offered the following resolution and asked for its adoption. (copy in minute book) 2nd Clm C. Hatfield Roll call vote - all voting Yes j ATTORNEY Howser vs Lok & Lim - no change Recreation Partnership review - no response Youth commission - Cooperative extension agreements - no word from Steve Kirsh Baker Hill update - no change Mott Road culvert - Atty Perkins - the agreement has been signed Ambulance service update - no change Supv Schug - regarding the drug testing the town has agreed to, there is a final proposal on the table. They have asked everyone to sign by the middle of October. Atty Perkins has some questions about this. I would like a resolution to the affect that if we can solve the concerns in the contract that the supervisor be authorized to sign the contract. RESOLUTION #219 DRUG TESTING CONTRACT Clm T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supervisor Schug to sign all necessary documents concerning the drug testing contract. 2nd Clm Baker Roll call vote - all voting Yes ENGINEERING Mr. Hyde, 354 Snyder Hill - water pressure - no change Date: To: From: Sub. October 3rd, 1995 James Schug, Dryden Town Supervisor Henry M. Slater, Zoning & Building Code Enforcement Off. September 595 Building & Zoning Activity. Report Dear Jim: Building Permits: Family During the month of September 195, there were 14 Building Permits issued which are described as follows. A -1 Single Family homes New Starts (1) A -1 Single Family extension of Existing homes (4) A -1 Replace existing Mobile Home with a conforming mobile home, (1) Single & (1) Double -wide (2) C -4.1 Erect Private Garage / Storage or Car Port (5) C -4.1 Erect a Dairy Barn for Existing Farm Facility (1) C -7 Install Private Inground Swimming Pool (1) Certificates of Occupancy and Compliance Certificate of Occupancy (7) Temp / Conditional Certificates of Occupancy (0) Certificate of Compliance (3) Public Inspections, Fire Safety Multiple Residence Facilities (2) Business Facilities (3) Home Day Care Facilities (0) Fire Investigations for the Month of September (3) There were three Fire Calls during September. One on September 6th, at the Happy Way Day Care /Nursery School Facility at 298 North Road. A portion of the day care area and the attached single family home suffered severe structural, heat and smoke damage. Repairs are scheduled to be completed 10/20/95. The second was a grease fire within the kitchen of a private residence. The grease fire caused little to no damage, however the resident, was credited with putting the fire out prior to major structure damage. The third fire, a home structure fire resulted in minor damage to a West Malloryville Road home. Repairs are currently underway and will be completed shortly. The ZBA met to conclude requests authorization to div Zoning District into two nonc copy of that Notice of Decisi The Planning Board had no req meet. Schlecht vari ide a complyi onforming lot on. uests for rev ance request which ng lot within an MA s. Attached is a iew and did riot I l• L'V'19 September 195 Activity Report Page Two Very truly yours, N �N► - A "a RE Henry M. Slater cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney j • STATE OF NEW YORK : COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of _PATRICIA SCIILECHT for the property located at 129 -135 North Street, Dryden (Town of Dryden Tax Map Parcel No. 38 -1 -31.2 1 y --------------------------- D ►II �� SEP 1 4195 CERTIFICATE I 17 MARL: VARVAYANIS, Chairperson of the Town of Dryden Zoning Board of Appeals, do hereby certify, pursuant to Rule 6 of tote Rules of Procedure of such board, that the foregoing are the findings of fact and decision approved by such board on _ September 12, 1995 Dated: Dryden, New York �L ce 41 C-C" (date) MARK VARVAY . IS I NOTICE OF DECISION TUESDAY SEPTEMBER 121 1995 Request made by applicant Patricia Schlecht, P.O. Box 1108, Dryden, New York for area variance from the provisiops of Section . 500.3 and 1206.5 of the Zoning Ordinance of the Town of Dryden, for permission to divide a currently conforming MA zone lot located at 129 -135 North Street (New York SLaLtc Route 13) into t%jo non- conforming lots. A public hearing was duly conducted by the Town of Dryden Board of Zoning Apeals on Tuesday September 12, 1995 with members presents Chairman Mark Varvayanis, Joseph Jay, Charles Hanley, Alan LaMotte and Rita Harris, AREA VARIANCE - FINDINGS A. After giving due consideration to whether an undesirable change would be produced in the neighborhood or detriment to nearby properties will be created by the granting of the area variance, the Zoning Board of Appeals finds as follows: 1• According A• The $350 7/11 Be Prio was to statements made by the applicants attorney: property has been on the market listed at .000.00 since at least February 1993. See also /95 letter from Robert Lama. r to listing with Lama Real estate the property on an open listing. C. There have been no offers made to the applicant to purchase the property. D. The applicants investment on the purchase and improvement of the property is approximately the same as the $3508000600 asking price. E• The disposable remainder of the insurance proceeds is in an account at Cortland Savings Bank, F. The current mortgage balance on the property is approximately $2209000400. G• $509000.00 of the fire insurance proceeds is to be applied to pay down the mortgage. H. There is currently very little if any positive cash flow from the rental of the property. I. The current lease of the office building expires in February 1996 and the tenant has not exercised his renewal option. l is CID 2. The subje containin the surve State Two Schlecht, 3. The subje ct property c g approximate y map entitle dated June licensed sur ct property i (2) onsist ly 1. d "Sit 6, 19 veyor. s loca s 1 e 9 t of a single parcel 9 acres, as demonstrated on Plan for Ellis Office Park 0 prepared by.George ed in the 'Down's MA Zone. 4. The property had been improved with both a two - family residence that was operated as a rental property and with an office building. 5. The property is subject to restrictive covenants as testified to by Mr. Lawery in the hearing of September 6, 1994 and Mr. Winn in the hearing of tonight September 12, 1995. 6. The two - family residence burned down approximately three years ago. 7. Prior present to to burning down, the two family the the residence requirements generated had Review rental prohibit house income to the property second owner office place, permitted of approximately building destroyed $1,000.00 letter on as a constructed the third per month, of Anthony !f. as demonstrated Bonarti, concurrently certified residential by the public July 26, accountant. 1995 89 The present to MA zoning district down, from the the requirements owner Plan had Review Board the building prohibit house the replacement a would second in be office place, permitted of the now building destroyed be on as a constructed the third house office with concurrently a residential structure. with the house other than if removed. the owner obtained a use variance. which the Town has advised the owner would be virtually impossible to obtain. 94 Prior obtained to the site house plan burning approval down, from the the property Town Site owner Plan had Review Board the building house to erect remaining that a would second in be office place, permitted as building well to be on as a constructed the third site, office with concurrently with the house being removed. (3) 10. The applicant seeks the requested area variances in order ..• to obtain permission to subdivide tt►e subject property into two lots, in order that financing to construct the second office building is available to the applicant secured by a separate lot. 11. The site plan approved by the Town Board would have resulted in lot coverage by buildings of a total of 1.4 set if the requested variance were granteds and applicable back requirements were applied to the two subdivided lots, and the second lot were fully developed, the lot coverage for this property in total would be or►ly approximately 10.75$. 12. The neighborhood in which the property is located is a densely developed, commercial neighborhood. 13. A substantial number of the lots in the tiA Zone along Route 130 approximately four of the nine. are deficient in either frontage or area under the Zoning Rawls current requirements. 14. The development of a second office building on this property would be permitted, and actually has been approved by the Town. (along with the then existed two - family residence) without the property being subdivided. 15. The applicant has been advised by two lenders of the applicant's choice that they would not provide financing for the construction of the second office building unless it were going to be built on a separate lots as demonstrated in the June 23. 1995 letter of the Tompkins County Trust Company and the July 1. 1995 leter of The First National Bank of Dryden. The applicant advised by the current lender on this property that it shall not provide additional fi acingconstruction of the second office building, as demonstrated 28. 1995 letter of Cortland Savings Bank. 16. At each of the hearings conducted on this variance application. no neighboring property owner or other member of the public has stated any opposition to the grant of the requested variances. 17. The only opposition to the requested variances has been expressed by members of the Town Board, 180 At the September 6. 1994 hearing on this matter, one adjoining property owner expressed strong support of the applicant's variance request. r (4) 199 If the variance were granted and the newly subdivided lot improved in accordance with the Town's set back requirements, not only would there be less overall lot coverage than under the site plan previously approved by the Town Board, but there would be greater separation between buildings than in the Town Board approved site plan. That is, because set back requirements would apply to each of the two subdivided lots, rather than singly to one lot overall, the grant of the requested variance to allow subdivision of the lot would result in less dense development of the property titan would be permitted without the variance. 20 Taking into account the foregoing finding. little, it any, change shall be produced in the character of the neighborhood as a result of the granting of the variance, and if any change is produced, (A) it is likely to result in the development of new commercial space in the 't'own's commercial district on property that otherwise would remain undeveloped and vacant and (b) the development on this property with the variances allowing it to be subdivided into two lots will be less intense than if the property were developed in accordance with the site plan that the Town Board previously approved for this property. 21. Based prope reque shall the p consi on the rties w sted va result roperty stent w forego ill be riance, in the in a m ith the ing findings, no created by the g because the gra property owner' anner and to a d development of detr ranti nting s abi egree surro iment to nea ng of the of the vari lity to deve common to a unding grope rby ance lop nd rtles. Be I After giving due consideration to whether the benefits sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, otlior t-li;,n an area variance, the Zoning Board of Appeals finds as tollows: 22. The applicant approval seeks to develop an office building on the portion of the property that has been rendered vacant as a result of the former residential rental property having burned existence down. of the now - destroyed two 23. The applicant had received the Town Site Plan Review Board's approval for development of a second office building on this property (together with the continued existence of the now - destroyed two - family residence), prior to the residential rental property having burned down. 9 i I 110 W (5) 24. The applicant's loss of the income formerly generated by residential rental property has made it difficult to obtain the necessary bank financing for the new construction without subdividing the property into two lots, one containing the existing office building and one for development of the second office building. Although the applicant received insurance proceeds on account of the loss of the house, the insurance policy did not cover loss of income, and no proceeds were received or are available for this loss of income. 25. As demonstrated in*the June 21, 1995 letter of Anthony H. Borarti, certified public accountant, the insurance proceeds totalled $122,711.62, of this total, $70602.00 was paid for demolition expenses, $28,290.00 was required for income taxes on the proceeds, and $50,000.00 Was required to a paid down on the existing mortgage on the property, leaving disposable proceeds of $368820.00 26. The applicant appears unable to finance the development of the new office building without obtaining a mortgage loan from a bank, and the applicant has been advised that such financing will not be possible (see aforementioned letters of Tompkins County Trust Company and The E'irst National Bank of Dryden) with the current corLfig►iration and cash flow of the property. 279 The applicant is more likely to obtain the needed bank financing if it could be secured by a mortgage covering only the separate lot on which the new building its desired to be built (see aforementioned letters of Tompkins County Trust Company and The First National Bank of Dryden). The applicant would be able to develop this property with precisely the same improvements, in conformity with all applicable provisions of the Zoning Law, if this property were not subdivided, but, for the foregoing reasons, it appears unlikely that the applicant could finance such development unless the property is subdivided. 28. The applicant has already received site plan approval from the Town Board to develop this property in an even more intense and densely developed manner than would be possible if the requested variances are granted to allow for subdivision of this property into two lots. 29. Based on the foregoing findings, the applicant appears unable to achieve the benefit sought by any method, feasible for the applicant to pursue, other than the requested area variances* i i I i i 9 (6) j C. After giving due consideration to whether the requested *area variance is substantial, the Zoning Board of Appeals finds as follows. 30 The applicant had, prior to the loss of the former residential rental property on this site, obtained Town Site Plan Review Board approval for development of a second office building on this property in addition to the now - destroyed residential rental property. This approved site plan included the now - destroyed residential property and the approval did not require that the residential structure by removed for the second office building to be constructed. If the residential rental property had not burned down, and applicant therefore could have proceeded to develop this property in accordance with the approved site plan, this property would have included three buildings, while the requested variances would result in the property. divided into two lots, being developed with only two buildings. Grant of the requested variances therefore would result in less dense development of the property than that which the Town Board has previously approved. 318 But for the requirements of the applicant's financing. The applicant could proceed to develop a second office building (and in addition, a third office building) on lthis property without the requested variances. 32. The result of the granting of the requested variances, and the subsequent subdivision of this property into two non - conforming lots, and the development of an office building on the now vacant portion of this property. will be development of a similar kind and intensity of development on the Juts in the tiA Zone: that surround this property. 33. Notwithstanding that the granting of the variances requested would result in creation of two lots of somewhat more an on -half acre each in a Zone requiring a minimum lot area of one acre, and notwithstanding that each of the two lots would have somewhat deficient frontage, the two newly created lots would be of a similar size and contain similar frontage as a substantial portion of the other existing lots in the MA Zone, 34. Based on the forgoing findings, the requested variances are not substantial, k C C I L is l40 k-0 (7) D. After giving due consideration -to whether the, proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, the Zoning Board of Appeals finds as follows: 35. Reference should be made to a substantial number of the foregoing findings. and in particular, those set forth at Items 1 through 19 above. 36. The physica development portion of be consiste development throughout 1 1 of the nt cu the mpac an sub in t rren MA t of the p office bui ject grope ype and in tly on nei Zone. 37. Any development on the ne subject to all of the app including for set backs. 386 The actual development of created as a result of th variances would also be s Town Site Plan Review Boa scrutinized in regard to impact on the site and it ropos lding rty. tensi ghbor ed 0 S ty in variance shall be the n the now vacant uch development shall of use with the g properties and wly- subdivided lot woul licable zoning regulati improvements on the to e grant of the requeste ubject to site plan rev rd and therefore will b any specific physical e s surrounding propertie d be ons. t to be d iew by the e further ffect or s. 39. The applicant's proposed development of a second office building on this property, without the currently requested variances, and while the former rental residential property on the same site still existed, was previously approved by the 'Town Site Plan Review Board. 40. Any development on the property shall be connected to municipal sewer service. and not to a septic system. 41. Based on the foregoing findings, the proposed variances shall not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. I J building, approached $12,000.00 constructi alone will for such a to be prov a first mo with the n because, have sta per year on of a s not prov construc ided by a rtgage po ewly cons a t e i t s t (9) s the lenders t ed, without the of additional. r cond office bui de the lender w ion loan. Adeq lender having t ition on a sepa ructed second o hat pr ent ldi ith uat he rat f f i the evio al 1 ng o ade e se oppo e to ce b appl usly ncome n ttii quate curit rtuni t to uildi is de s s y ty be ng a r t p e a nt ive he Lop cur ppe to imp h d e i. a t r as rty ty r ake over 47. Restating and summarizing the foregoing findings, the applicant's practical difficulty exists in the applicant's inability to proceed with the applicant's intended plans for development of the second office building unless the property can be subdivided, and subdivision of this property is possible only with the grant of the requested area variances. 48. Town Law Sectio Board's conside criteria, as fo Zoning Board of benefit to the against the det the neighborhoo n 267 -b(.i ration of llowst It Appeals applicant riment to d or Comm )(b) Lequi the above In making shall take of the va the healt unity by s Les, in ref ere its det into c riances h, safe uch gra addit nced f ermina onside grant ty and nt. " i i t r e on ve ion ati d, we to (5 on we fa the the the ighed re of 49. In considering all of the information and materials presented by the app.licant, and in considering all of the foregoing findings based upon such information and materials, the Zoning Board finds that the benefit to the applicant if the variance is granted will be the ability for the applicant to subdivide the property, and thereby the enhanced ability to obtain a construction loan to develop the newly subdivided lot with the second office building that the applicant desires to construct on this property. 50. Considering all of the information and materials presented to the Zoning Board other than by the applicant, the Zoning Board is unable to identify any detriment to either the health, safety or welfare of the neighborhood or community by the grant of this variance. 51. Weighing against the the absence aforementioned of any detriment benefit to to the the applicant neighborhood or community by the grant of the variance, it is clear that the benefit to the applicant outweighs any detriment to the community. (10) L��OSEPH JAY MOVED TO APPROVE THE VARIANCE BASED ON THE FINDiNGS SECOND BY NARK VARVAYANIS DISCUSSION: VOTE, YES (3) it. VARVAYANIS. A. LAMOTTE AND J. JAY NO (2) C. HANLEY. R. HARRIS ABSTAINED (0) DECISION: VARIANCE GRANTED is I' 1 �y TB10 -10 -95 Page 17 • ZONING OFFICER Monthly report - given to board members Z.O. Slater - reported the McKnee property on Cortland Rd. - the unsafe structure has been burned by the fire department and the debris has to be taken to the landfill. Z.O. Slater - Cortland Paving - update - the owner continues to i bring in and remove material from the site in spite of our request to cease or get a special permit. Z.O. Slater - would like a resolution to attend BOAST meeting. RESOLUTION #220 ATTEND BOAST MEETING Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Z.O. Slater and Assistant C.E.O. Cotterill to attend the BOAST meeting and to pay expenses. 2nd Clm T. Hatfield Roll call vote - all voting Yes Z.O. Slater - Lucente violation - occupancy continues in spite of our request to cease occupancy. They are occupying 9 units and at • least 2 units do not have electrical approval. The other 7 units do not have municipal water and sewer approval, final plumbing approval. They do not have compliance with physical handicapped requirements. NYSDOT requested that the road cut they made be removed and revamped. I spoke with NYSDOT this morning and was told they met them halfway and they are going to revamp the existing road cut to be safer. Atty Perkins - the town board needs to adopt a resolution authorizing the Zoning Officer and Attorney to commence action for an injunction. RESOLUTION #221 COMMENCE ACTION FOR AN INJUNCTION LUCENTE PROPERTY - PARCEL #56 -5 -3 Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Z.O. Slater and Attorney Perkins to commence action for an injunction against Stephen Lucente, parcel #56 -5 -3 for illegal occupancy. i 2nd Clm Roberts Roll call vote - all voting Yes Z.O. Slater - has an application for a Site Plan Review - 11 -2 -95 at 1:OOPM MAK Industries. (Gus) • B10 -10 -95 Page 18 HIGHWAY SUPERINTENDENT Yellow Barn Road, Caswell Road updates - Hwy Supt Gilbert has done some work and is planning on doing more. Will put up a guide rail near culvert that was installed on Yellow Barn Road. Hile School Road - prices on box culvert - no change Accept or reject deicing sand bid. RESOLUTION #222 ACCEPT LOW BID FOR DEICING SAND - RMS GRAVEL Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the low bid for deicing sand at $3.20 a ton from RMS Gravel. 2nd Baker Roll call vote - all voting Yes LB Smith payment - okay to pay C & D removal update to Seneca Meadows and loads on Johnson Road Supv Schug - DEC says landfill. Don has tri Onondaga County. /7 ' Hwy Supt Gilbert - 2 loads have been taken has several loads left to remove. I put 2 and was stopped by DEC. I we have to take the debris to a permitted ed our landfill, Cortland landfill and RESOLUTION #223 SEASONAL LIMITED USE HIGHWAYS Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the following list of seasonal limited use highways upon the recommendation of Highway Superintendent Don Gilbert. These roads will not be plowed nor maintained from November 1995 to April 1996. The roads will be posted with the appropriate signs and the Town Clerk shall post such notice at the Town Hall. 1- Hile School Road - from #147 Ed Hill Road west to within approximately 500 feet of Route #38. 2- Yellow Barn Road - from Dusenberry Sports Club north to #368 a distance of approximately 4224 feet. 3- Signal Town Road - from Card Road north to the power lines 4- Starr Stanton Hill Road - from approximately 800 feet west of Dryden - Harford Road west for approximately 3000 feet. 5- Caswell Road - from West Dryden Road south for approximately .6 mile 6- Beam Hill Road - from tax map #50 -1 -44 north to within 200 feet of tax map #50 -1 -18 2nd Clm T. Hatfield Roll call vote - all voting Yes I 0 TB10 -10 -95 Page 19 Hall Road update - everything is settled West Dryden Community Center - roof leak is patched RESOLUTION #224 TEMPORARILY EXCLUDE WEIGHT LIMITS Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board adopt an order temporarily excluding any vehicle with a gross weight in excess of five tons from the following town roads, from November 1, 1995 to 1, 1996. The roads have been so posted pursuant to Vehicle a Traffic Law 1660 (a) Section 11. The Town Clerk shall post s notice at the Town Hall. 1- Morris Road 2- 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 12- West Dryden Road - fro 13- Etna Road - from Mohaw 2nd Clm Roberts m Scofield Road to Asbury Road k to Hanshaw Road Roll call vote - all voting Night crew - request has been withdrawn CORRESPONDENCE Dryden Lake police report for the month of September (5) June nd uch Yes Letter from Charles Becker - complementing Hwy Supt Gilbert on job well done on Ferguson Road Turkey Hill water /sewer bond update - the bond has been signed and everything is in order. DISCUSSION Purchasing update - everything is starting to move PAVE program - turned over to Youth Bureau ZBOA attorney fees - tabled decision Cortland Road water district formation - board members have report. FINANCIAL REPORT - available to board members JUSTICE REPORT - $9,880.00 for the month of September /7�i I I I 0 I TB10 -10 -95 Page 20 RESOLUTION #225 - letter from the EXEMPT WILLIAMS (52 -1 -28) TURKEY HILL to be WATER /SEWER DISTRICT Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board exempt parcel #52 -1 -28 (Williams) for the year 1996 in the Turkey Hill water and sewer district. 2nd Clm C. Hatfield Roll call vote - all voting Yes Supv Schug - letter from the Better Housing Oversight Committee. Four houses have been slated to be worked on. RESOLUTION #226 BETTER HOUSING OVERSIGHT COMMITTEE Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supv Schug to write a letter requesting grant money continue on for the Better Housing. 2nd Clm C. Hatfield Roll call vote - all voting Yes Supv Schug - the highway garage has inadequate electrical service. The town has received bids to bring upgraded electrical power to the panel boxes to the highway garage. RESOLUTION #227 ACCEPT LOW BID FOR ELECTRICAL UPGRADE FOR HIGHWAY GARAGE • Clm Baker offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the low bid of $6,320.00 from Pleasant Valley Electric for electrical upgrade to highway garage. 2nd Clm C. Hatfield Roll call vote - all voting Yes RESOLUTION #228 AUDIT ABSTRACT #110 Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #110 voucher #767 to voucher #860 with modification to voucher #777 for a total of $469,279.32. 2nd C. Hatfield Roll call vote - all voting Yes NEW BUSINESS November 2nd - 1:OOPM special board meeting November 14th - regular meeting - budget hearings December 12th - regular meeting December 27th - noon end of the year meeting January 3rd - noon Organizational meeting 0 Adjourned 11:45PM Susanne Lloyd Dryden Town C erk