HomeMy WebLinkAbout1995-12-12C
TOWN BOARD MEETING
• DECEMBER 12, 1995
PUBLIC HEARING #1 - Dean Fowler Oil
Supv Schug called the meeting to order at 7:30PM
Supv Schug read the notice that was published in the newspaper
concerning the application of Dean Fowler Oil. (copy in minute
book).
QUESTIONS AND /OR COMMENTS
Harold Pratt - they would like to install a 60 sq ft sign letting
traffic heading toward Ithaca know there is a Day & Night store
ahead one quarter of a mile. They would like to do this because of
the traffic speed going through. By the time the cars see their
store area it is hard to slow down to make their egress. They
approached the property owners to see if they could remove the row
of trees and were refused. The alternative was to approach the
board with a request to install a sign. The State has been
notified of this and Mr. Nolan is very aware of this. Mr. Nolan
did not see any problem with it and is just waiting for local
board approval. The property they want to install the sign on is
in the estate of Leonardo. The agreement they have with the
landowner is a lease on a yearly basis. Any time they wish to
break that lease we have to take the sign down. The sign will read
Day & Night Food Store, one quarter mile ahead on right. The sign
• will not be lit and will be within the state and town guidelines.
Clm Roberts - wanted to know if the sign would be visible from
both directions.
Harold Pratt - no, just from the one direction heading toward
Ithaca.
Clm Roberts - wanted to know how far off the road the sign would
be.
Harold Pratt - it will be 63 feet from the center line of the
road.
Clm Roberts - wanted to know about maintenance of the sign.
Z.O. Slater - there is a set of rules for sign maintenance.
Supv Schug - we can make that part of the condition of the
approval. I question if Leonardo sold the property and someone
bought it for development what happens then.
Harold Pratt - the lease is only with the estate of Leonardo on a
yearly basis.
Closed public hearing - 7:4OPM
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TOWN OF DRYDEN • DRYDEN, NEW YORK
65 FAST MAIN STREFT, DnYDEN, NEW YORK 13053
so7.8,119 1 0 rl ri/ rlrrg 1"li i- kak( S Region
ZONING & BUILDING CODE ENFORCEMENT
Date:November 27th, 1995
To: Whom it May Concern:
You are
Dryden
Dryden,
prevail
Dean Fo
to ester
about 1
hereby NOTIFIED o
Town Board at the
New York on TUESD
ing time to consid
wler Oil Company I
bl..i sh art of F premi
470 Dryden Ror-Ml ua i
f a PUBLIC HEARING to be held by the
Dryden Town Hall, 65 East Main Street
AY, DECEMBER 12TH, 1995 at 7:30 PM
er the application from Harry Pratt,
nr_., whom is requesting a Special Permit
ses advertising billboard sign at or
thli.n ?:hc Trt��n of Dryden.
The site being within a MA Zoning District, such uses are
permitted by Special Permit and Approval, see Section 1500,
1502.9, .11, .12 & 1503 of the Dryden Town Zoning Ordinance.
ALL PARTIES in int
at the time of the
agent. If you sho"
information, pleas
between the hours
Very truly yours,
erest
heari
ld hav
e feel
of 8:0
will be give
ng. Persons
e any questi
free to cal
0 A. M. and 1
n an opportunity to be heard
may appear in person or by
ons or desire further
1 this office at 607- 844 -9120
:00 P.M. Monday - Friday.
Henry
M.
Slater
Zoning
&
Building
Code Enforcement Officer
ce: All Property Owners, within 500' of Project Property
All Dryden
Mahlon R. P
Dave Putnam
usanne Llo
Tompkins Co
Town Board
erkins, Dr
, T. G. M i
yd, Dryden
unty Plann
Members
yden Town Attorney
ller Engineers & Surveyors
Town Clerk
ing Dept.
TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAS1 MAIN SIREET, DRYDEN, NEW YORK 13053
607- 844 -9120 In the 11eaj7 of t11e Finger Lakes Region
ZONING & BUILDING CODE ENFORCEMENT
November 27th, 1995
James Schug, Dryden Town Supervisor -
65 East Main Street
Dryden, New York 13053
Re: Dean Fowler Oil Off premises Sign
Dear Jim:
As you are aware, I had asked Mr. Harry Pratt of Dean Fowler Oil,
applicant for an off premises sign permit at 1470 Dryden Road,
for additional details which addresses the remaining concerns of
my review of the off premises sign request,
Attached is a copy of the response which I received concerning,
setback conformance and the overall affect the sign would have
on the general vicinity.
• Please let me clarify item ffl, "si
the figures, 30 feet and '13 feet"
reviewed this point witti I+L
illustrate 33 feet to the ecige of
required 30 feet beyond any road o
This should complete the Fowler Oi
application.
gn setback ". As
appear. Verbal
learning that t
the road right a
r street right o
1 Day & Night St
You,
1 y,
he i
way
f wa
are
1
I
n
P
y
1 observe,
have
tent is to
lus the
boundary.
I would take this opportunity to suggest, that any approvals
which the board might make, include compliance with all State
and Federal requirements applying to off premises signage.
Very truly yours,
9/
e,4t
-. (V
.
Henry M. Slater
Zoning & Building Code Enforcement Officer
cc: Town Board Members
Mahlon R. Perkins, Dryden Town Attorney
Dave Putnam, T.G. Miller Engineers & Surveyors
�_tsanne Lloyd, Dryden Town Clerk
James Hanson Jr., Tompkins County Planning Dept.
• Ken Norton, NYS DOT, 333 E. Washington St, Syraruse,NY 13202
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a
NOV -27 -95 MON 12'49 DEAN FOWLER FAX NO, 6077987436 P,02
. f.
` 5eao
• SUNO dbo Doy
C � & Night .Food Sevres' �suNOt.�;
s' :3200 Old Vestal Road
,r
Vestal, NY 13850 y `
(607)729 -5717
November 27, 1995
Town of Dry(lell
65 East Main Street
Dryden, NY 13053
Attn: Henry Slater
Dear Henry,
Please find below, the information tllxt you requested in your letter of 11/17/95 regarding (he.
sPeci,�l sign tier►llit.
• 1) The sign will be yet black the 30' and 33' from center of toad.
2) Tile premise` j+djacent to the project site. is open lard.
:3) There will be no effect on the owner of the adjacent property or to the etaviromnent. The
Sign will ne7t he lit in any way and will sit"Ply state tllat there is cet Day & Nigllt ahead on the
Tight.
If you should have any further questions, plt'a5e feel free to Rive 1 le ►► call at the above
indicated tcicpl►one 1110T)ber.
Thank you.
Sincerely,
Herold Pratt
President
Dean Fowleir (-lie (:'�� ►((((anti', lltc'.
1 tP /dc
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TOWN OF DRYDEN DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 - 844 -9120 lit the Mail of lite Finger Lakes Region
ZONING & BUILDING CODE ENFORCEMENT
November 28th, 1995
James Schug, Dryden Town Supervisor
65 East Main Street
Dryden, New York 13053
Re: New Special Permit Package, Off premises Sign
Dear Jim m
As
there
Slater
were
some
Zoning
missing
Building
delve-
ilr-V)ithi.TI
the
project
package of
at
least
(1)
Town
Board
Member,
I'm
taking
this
opportunity
to
reissue
the
entire
package
for
the
Dean
Fowler
Oil
Company
Inc.
request
for
Special
Permit
authority
to
place
an off
premises
sign
about
1000
+/-
east
of
their
1414
Dryden
Road
Day
&
Night
Store.
I would also apologize for any confusion that our prior mailing
may have caused.
Very truly yours,
r W 19
0 011 Z Mwe
Henry
M.
Slater
Zoning
&
Building
Code Enforcement Officer
cc: Town Board Members
Mahlon R. Perkins, Dryden Town Attorney
Dave Putnam, T.G. Miller Engineers & Surveyors
Susanne Lloyd, Dryden Town Clerk
James Hanson Jr., Tompkins County Planning Dept.
Ken Norton, NYS DOT, 333 E. Washington St, Syracuse, NY 132`02
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TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 -844 -9120 In the Heart of •the Finger Lakes Region
ZONING & BUILDING CODE ENFORCEMENT
Ithaca Journal News
it3 W. State Street
Ithaca, New York
Attn: Donna Carr, Legal Ads
PLEASE PUBLISH the following LEGAL NOTICE no later than
WEDNESDAY, DECEMBER 6TH, 1995 and bill. the Town of Dryden.
PLEASE TAKE NOTI
will hold a Pu bl
Special. Permit f
establish an off
1470 Dryden Road
CE that
is Heari
ram Harr
premise
within
the Town Board of the
ng to consider an appl
y Pratt, Dean Fowler 0
s advertising billboar
the Town of Dryden.
i
i
d
Town of Dryden
cation for a
1 Company Inc. to
sign at or about
SAID HEARING will be held on TUESDAY, DECEMBER 12TH, 1995 at
7:30 P.M. prevailing time at the Dryden Town Hall, 65 E. Main
Street, Dryden, New York 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 i
other alternative communication measu
individuals with hearing impairments;
individuals with manuals impairments,
who request such assistance with Noti
844 -9120 or 844 -8619. Persons desiri
Notice NOT less than 48 hours prior t
hearing.
DATED: NOVEMBER 27TH, 1995
Xp'*7 jW. W'k-
Henry M. Slater
Zoning Officer
Town of Dryden
cc: Jam
All
Mah
Dav
The
LOWOR t s
es SchUg, Dryden T
Dryden Tcawrr po�jrci
lon R. Perkins, Pr•
e Putnam, T.G. Mil
Tompkins County P
anne Lloyd, Dryden
own
Mem
yden
ler
lann
Tow
Supery i s
bers
Tp ::•rir Ot
Ernginecr
ing Depa
n Clerk
mpairmentse interpreters or
res, as appropriate, for
and amanuenses for
will be provided for all
ce to the Town of Dryden at
ng assistance mast provide
o the time of the public
o r,
�rrnPy
r �' S�_ +rveyors
rtment
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V
A
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TOWN BOARD
DECEMBER
PUBLIC HEARING #2
MEETING
12, 1995
- Big Al's Store
Supv Schug called the public hearing to order at 7:40PM
Supv Schug read the notice that was published in the newspaper
concerning the application of Big Al's Store. (copy in minute
book)
QUESTIONS AND /OR COMMENTS
Michael Herzing - gave members copies of site drainage plan. I
have owned a convenient store south of Ithaca College for 6 years.
There is a pizzeria within the convenient store with home
delivery. They are looking to do something similar with a much
better presentation than what they currently have. This store
would offer convenient items, pizza (no delivery), gasoline,
diesel fuel and kerosine. The way it is proposed now it meets all
criteria of the town requirements. The proposal I have proposed is
not ideally what I want, but it meets your criteria. Time is of
the essence with Dan Nash and Cindy Nielson, current owners of the
property. They have made a purchase offer on a house which is
owned by the county in the DR7 site and is contingent upon this
proposal working out. To get an approval I wanted this to fit so
there wouldn't be any questions. With an approval I would like to
come back to see if I could get a reduction for the required
parking spaces and to enlarge the building. We don't want people
to hang around there, we want people to get what they need and
leave. We would like to have a smaller parking lot and a bigger
building. My proposal is to get the approval and then come back
later on. If I have to live with what you approve, we can live
with that, but there are some variations down the road we would
like to make if possible.
Supv Schug - wanted it made clear he would have to go to the ZBOA
for a variance on the parking requirement and would have to come
back to the town board for a larger building.
Michael Herzing - understood all that. Right now I am more
concerned with Dan Nash and Cindy Nielson so their situation works
out.
Supv
Schug -
the
county
planning
department did ask for cross
walks.
There
is a
3 -way
stop sign
there now.
Clm Roberts - wanted to know if the entrance and exit would be
marked in any way.
Michael Herzing - there will be lines on the pavement. It will
depend upon the cuts that are made. It is a possibility for sure.
I just haven't gotten that far yet.
/61
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TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607- 844 -9120
ZONING & BUILDING CODE ENFORCEMENT
December 5th, 1995
/it the Ilcen-1 of the Fhtger LakeS Rcgio►►
James Schug, Dryden Town Supervisor
65 East Main Street
Dryden, New York 13053
Re: 239 L &M County Response, Big Al's Fall Creek & Peruville Road
Dear Jim:
Please find attached, copy of a response to our notifAcation of
the Pig Al's II Special Permit Review and hearing from the
Tompkins County Planning Department.
As you'll
observe,
suggestion,
the
County
Planning
very well
Department
applied
has
made a
couple of
a pedestrian
the location
suggestions.
cross
of
any
walk
off
The
to the
street
first
concerns
,drool.,
parking
103
home
itself
and the
variance
east
with
second
relief
providing
concern is
areas.
I do not believe the parking variance should be considered a
• request as the applicant has not applied. A question to the
applicant at the hearing would answer for his intent.
The cross
walk
suggestion,
on
could
Day &
very well
also be
applied
to the
Country
Acres
Mobile
Home
been
Park,
from
which has
103
home
sites,
east
across
Fall
this
Creek
Road
from
the
project site.
The McLean School
would more than 1
this facility. T
considerable pede
this is a 3 Way i
intersecting road
c
ik
he
st
nt
ont
ely
Mo
ria
ers
ains Kindergarten thro
preclude students fro
bile Home Park on the
n traffic. I would al
ection which has a Sto
ugh Third Grade which
m much of any use of
other hand could have
so point out, that
p Sign for each
No
word or
comment
on
the
Day &
Night
Bill
Board
application has
been
received
from
County
Planning
at
this
time.
Very truly yours,
Henry M. Slater
Zoning & Building Code Enforcement Officer
cc: Town Board Members
Mahlon R. Perkins, Dryden Town Attorney
Dave Putnam, T.G. Miller Engineers & Surveyors
Susanne Lloyd, Dryden Town Clerk
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Tompkins County
DEPARTMENT OF PLANNiNG
t21 Feist Court Street
Ithnel, New York 14850
James W. Hanson, Jr.
Commissioner of Planning
November 30, 1995
Mr. Ilenry Slater
Town of Dryden
65 East Main St.
Dryden, NY 13053
Telephone
(607)
274 -5560
FAX
(607)
274.5578
Re: Zoning Review Pursuant to §239 .I and -m of the New York State General
Municipal Law
Action: Special Permit Review, Big Al's lI
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 a couple of suggestions regarding the Special Pennit
application. The 'Down inay want to require that the applicant provide design details to
accommodate anticipated pedestrian crossings from the elementary school to the convenience store.
Regarding the. applicant's request to reduce the number of parking spaces (letter to 'Town dated
Nov. 14, 1995), if this is approved by the Town, we would encourage that the spaces be removed
from the western -most side of the site, nearest the septic system. Since no details were given for
the request of widening the curb cuts and reducing the set back requirements, it is impossible for
us to conmient on that aspect of the application.
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 its of your decision so that we can make it a part of the record.
Sincerely,
.lances I1,il, son, Jr.
Commissioner of Planning
�� Rr•r crir;llrnlur
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TOWN OF DRYDEN ! DRYDEN, NEW YORK
65 EAST MAIN STREET. DRYDEN. NEW YORK 13053
607 814 917.0
ZONING R BUILDING CODE ENFORCEMENT
1rr th(I llran-1 (rI'Iho 14"ingela Lakes Region
Ithaca Journal News
123 W. State Street
Ithaca, New York 14850
Attn: Donna Carr, Legal Ads
PLEASE PUBLISH the
following
TAKE
NOTICE
LEGAL
NOTICE
Town
no later
than
WEDNESDAY, DECEMBER
6TH,
of
1995
will
and
bill
the
Town
of
Dryden.
PLEASE
TAKE
NOTICE
that the
Town
Board
of
the
Town
of
Dryden
will
hold
a
Public
Hearing
to
consider
an
application
for a
Special
Permit
submitted
by
Michael
&
Cynthia
Herzing,
319
Coddington
Road,
Ithaca,
NY,
to establish
and
erect
a
convenient
store
with
fuel
sales
facility,
at
781
Fall
Creek
Road,
Freeville,
NY within
the
Tnwn
of
Dryden.
SAID HEARING wi 1
7 :45 PM prevaili
Street, Dryden,
given an opportu
or by agent.
1 be held nn Tl.1F:SDAY, DECEMBER 12TH, 1995 at
ng time at the Dryden Town Hall, 65 E. Main
NY at which time all interested persons will be
nity to be heard. Persons may appear in person
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: NOVEMBER 20TH, 1995
A"j In. j4h;5-
By Order of: Henry M. Slater
Zoning Officer
Town of Dryden
cc: .Jam
All
Mah
Dav
The
s
es Schug, Dryden T
Dryden Town Board
lon R. Perkins, Dr
e Putnam, T. G. Mil
Tompkins County P
anne Lloyd, Dryden
own Supery
Members
yden Town
ler Engine
lanning De
Town Cler
Isor
Attorney
ers & Surveyors
partment
k
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TOWN 014 DRY1*.N e DRYDEN, NEW YORK
65 EAST MAIN S1 RFFT, DRYDEN, NFW YORK 13053
607 -644 -8120
ZONING & BUILDING CODE ENFORCEMENT
November- 28th, 1995
In the lleaa of the Finger- Lakes Regi011
Michael Herzing, Rig A19s Convenience Stores
319 Coddington Road
Ithaca, NY 14850
Re: Pig Al's II ", Environmental Assessment, EAF
Dear Mr. Herzing:
As the Environmental Assessment Form shall be kept on file, it
becomes very important that the project details of that report be
as accurate as possible.
I have recently had the opportunity, along with other=_, to review
your project EAF and have some minor iss,_1es that we believe can
be easily addressed. If any of our concerns are in error, please
advise us of our error.
The following items have been identified as possibly being in
error. We would ask you please review each, checking for
accuracy or completeness.
Since we are returning your original EAF, please make all
necessary corrections on this document.
1). Rage #29 Description of Action. It was my understanding that all
current structures on the property will be demolished, if true,
please include this detail.
2). page #2 Secti
site, yet (A-
roads, buildi
to the remain
on A. We know that there is .926 +/- acres on the
2) indicate .15 acres presently and .25 acres of
ng and other paved surfaces result. What happened
ing .69 acres?
3). Page #4 Section B -2. The response is, that 1000 yds tons /
cubic. If so where is it going and how will you replace what
would amount to a 6 inch deep dig over the entire .926 acre
surface?
4). Page #4 Section P -3. Please review these details (3) a,b,c which
will have a direct connection to P -2 above it.
. 5). Page #4 Section P -16. Will the project generate solid waste?
If you are going to demolish a structure, where will the
resulting solid waste be disposed of?
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Michael Herzing
• November 28th, 1995
Page Two
This concludes our EAF concerns and would suggest that either you
submit conclusions to our office prior to the hearing or bring a
final draft to the hearing.
The other- concern is that of on site drainage, as we previously
discussed. The Town Board, if they choose to approve your
project, will require from youg that the project not generate a
greater rate of surface discharge from the site bath duy'•ing and
following construction from what it was pi,ior to constri.Action.
It is the Towns position, that since there will be a significant
increase in impermeable surface area, the Town would desire
conforming drainage plans prior to the hearing. Please provide
either prior to or at the hearing. All questions shall be
directed to me at 844 -9120 from 8 :00 AM — 1:00 PM Monday through
Friday.
Very truly yours,
rn
Henry . Slater
Zoning & Building Code Enforcement Officer
OCR James Schug, Dryden Town Supervisor
Town Board Members
Mahlon R. Perkins, Dryden Town Attorney
Dave Putnam, T. G. Miller Engineers & Surveyors
%rccsanne Lloyd, Dryden Town Clerk
46
December 11, 1995
Mr. Henry Slater
Zoning and Building Code Enforcement Officer
Town of Dryden
65 East Main Street
Dryden NY 13053
Re: Big Al's II
Site Drainage
Dear Mr. Slater and Town Board Members,
Attached is the preliminary drainage schematic for the future site of the Big Al's II convenient
store/ gas station in McLean. This proposed drainage represents our intentions to address surface
runoff via drywell collection. The site is limited in size and a retention pond is not practical.
The existing soil conditions indicate a rather permeable subsurface condition (HdA) which will
allow for additional absorption of runoff. The inverts of the drainage pipes are to be determined
when the elevations for the final site layout can be more precisely defined. Please consider this
plan as a "worse case scenario ". We will be working diligently to reduce the. surface area of the
pavement while maintaining the parking counts. Feel free to contact me directly if you need
further'information and/or clarification. Thank you very much.
4
Sincerely,
Architectural Designer
607 274 -0311
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TB12 -12 -95 Page 3
Clm Roberts - wanted to know how many pumps would be there.
Michael Herzing - there will be
2 pumps with
4 hoses and
will be
the new type where you can pay
at the pump.
There will be
2 pumps
with 1 hose each for the diesel
fuel that is
high volume
for the
big trucks. There will also be
a kerosine pump
near the front
of
corner of the building on the west
side and
protected so
cars
can't hit it.
Clm Roberts - questioned about an air pump.
Michael
Herzing -
he plans
on
an
air pump, a drive up telephone
and
an
ATM
watt halogens). I don't have
an
machine
they plan
inside
corner
of
the
and one on the west side of
the
building.
Clm Roberts - wanted to know if he was going to have a liquor
license.
Michael Herzing - yes, it would be an off premise liquor license.
Clm Roberts - wanted to know the size of the lot and how much was
going to be used.
Michael Herzing - the lot size is .926 and I plan on using .776.
Within the site drainage plan we are trying to narrow as much
pavement down as possible so the drainage can remain as close to
what it has been in the past.
Clm Roberts - wanted to know the hours he had planned on.
I
Michael Herzing - right now it would be from 6:OOAM to 10:00PM, 7
days a week. If there is a change he might have to open earlier
for the truckers and if that was required he would come back to
the town board with that request.
Clm Roberts - wanted to know what the lighting would be.
Michael
Herzing - the lighting would
be
in the canopies at the gas
pumps (6
- 400 watt halogens and at
the
diesel pump there would be
4 - 400
watt halogens). I don't have
an
electrical plan yet, but
they plan
on exterior lights on each
corner
at the back of the
building
and one on the west side of
the
building.
Mrs. Alvin Thayer - wanted to know what the safety issue was as
far children crossing the road since there are 3 roads coming
together. There are children crossing the road for school with one
crossing guard.
Clm Roberts - we spoke earlier about the county having cross walks
there.
/76
TB12 -12 -95 Page 4
Mrs. Alvin Thayer - that is cross walks, not sidewalks. Children
would have to walk right through the parking lot on two sides of
the road and there is enough traffic now.
Robert Thayer, 2075 Peruville Road - there is one driveway that
will be a blind driveway because there is a barn there.
Richard Devine, 767 Fall Creek Road - they have had 2
establishments in McLean and neither one of them have panned out
for the simple reason we are to centrally located between
Cortland, Dryden, Freeville and Groton. Anyone in the village or
who is traveling Rt. #105 through the village of McLean or
Peruville will have already come by at least 6 gas stations. Where
they want to put the convenient store, the drainage is terrible.
They pump water out of that old house 3 months out of the year in
the spring. The adjacent lot has standing water 2 to 3 times out
of the year, when we get a heavy rain. There is a culvert from my
property to that property that the county will have to do
something with to keep the water from backing up into my ditch
line. We also don't need the gas and diesel fumes.
Mrs. Alvin Thayer - was concerned if there was a gas leak since
there are all private wells in the area.
Richard Devine - we do not need a convenience store with gas pumps
to begin with. On top of that it is going to be a hang out for
juveniles who live in the trailer park.
Robert Thayer - I agree with what Mr. Devine has said 100 percent.
I can't foresee anything but problems and trouble. There already
is enough traffic there.
Richard Devine - what will happen if this business fails. Not
saying that it will, but what if it does. We will be stuck with
something you can't do anything with. There is inadequate drainage
and sewage there to begin with. The drainage they are talking
about in this area is second to none.
Al Thayer,
2069 Peruville
Road
- wanted to know the kind of septic
system he was
planning on
that
would even be approved. When I
installed a
septic system
next
door I had to have a 60 ft by 100
ft. I think
with a public
place
it would have to be bigger.
Michael Herzing - the county has already given us a permit for a
septic system and has been approved for a sand filter with a
diversion trench. I question how the children coming and going to
school will change anything.
Alvin Thayer - it is not to school. It is everyday walking.
Mrs. Alvin Thayer - when they are walking now they are walking on
the side of the road on a lawn. If this goes in they would be
walking through a parking lot.
/Y�
TB12 -12 -95 Page 5
• Michael Herzing - regarding the wells, in 1988 NYSDEC code
requires all underground tanks to be upgraded. We did this at our
existing site over one year ago. They are state of the art systems
that have computers involved. Upon the smallest leak a sensor goes
off immediately. (less 1 tenth of a gallon). This leak goes into
another self contained tank. There are sensors and probes to
detect any kind of a leak. There are automatic shut offs within
the pump themselves so they do not disburse any more gas.
Theresa Rehbein - they are right
when
they said
the other stores
did not make it, but I tried to
go to
the other
2 stores and when
been there for 6 years.
I wouldn't have done this
if
I knew a gas
their prices were unreasonable I
just
couldn't
afford what they
were asking. My understanding with
a convenient
other
store they can buy
I
n bigger quantity and pass that
on to
the consumers.
Alvin Thayer - we have no problem with the store, it is just the
location.
Robert Thayer - wondered
why he didn't sit down
with
the neighbors
to discuss this store. I
have built a house next
door
and have
been there for 6 years.
I wouldn't have done this
if
I knew a gas
station was going up next
door. Maybe you could
look
for a better
location. He questioned
him about purchasing the
other
lot.
Michael Herzing - not at the present time because it has not been
• for sale. If it was for sale I would seriously consider purchasing
it.
Alvin Thayer - wondered why he spoke with someone who lived down
the road and not any other neighbors.
Michael Herzing - my reason for talking with him was to learn
about the trucking side of the diesel business. I know the gas
side of it, I have done that and we are doing it currently so I
know how the consumer acts to gas pumps and gas stations. Diesel I
haven't done in the past, that is why I went to him because he
owns a trucking company. That was my only reason for going to him
was to find out the length of his trucks, the volume he uses, the
size of his tanks and things of that nature, just to educate
myself as far as trucking goes.
Robert Thayer - do you see a problem with trucks getting out of
that driveway.
Michael Herzing - currently with that proposal, yes I do. If down
the road I can't get a variance, I might choose not to put in
diesel pumps.
Supv Schug - young people now walk along the side of the road and
they have a crossing guard. No cross walks, but they have a
®crossing guard. There are 3 roads that come to a T. They are all
stop signs, do people go through them.
Robert Thayer - sometimes.
I
I
0
TB12 -12 -95 Page 6
® Supv Schug - does the crossing guard take them across one road.
Then does she stay with them until they cross Peruville Road.
Robert Thayer - she has to work all 3 roads and she has had some
problems with traffic.
Mrs. Alvin Thayer - she could be at the intersection, but she
couldn't be up crossing them over the driveway where the traffic
would be coming in and out of for the parking lot at the gas
station.
Robert Thayer - you would have to be there at 5:OOPM to see the
amount of traffic that is there.
Supv Schug - children up to the third grade that we are talking
about should be home.
Mrs. Devine - when the children go to and from school the traffic
IS terrible. I have to walk the children from my house to that
corner. i
Supv Schug - I understand and a lot of parents have to because it
is bad, but it is bad on any of our town roads. There is a
crossing guard and they should stay on the side of the road until
they get to cross the intersection properly.
® Richard Devine - you are talking about the school year. What are
we going to do with the children when school is not in session.
They do not have the guidance of the parents at home that use the
corner to go to the school yard to play or go to the trailer park.
i
Michael Herzing - regardless if there is a store there or a house
there the children are going to have the same mannerisms. If they
are walking there now they are going to walk there later.
Robert Thayer - wanted to know if he would consider having
sidewalks on his property.
Michael Herzing - I would consider it.
Robert
Thayer -
if you
get your
permit I
would
like a fence
between
our adjoining
properties
because
I
have
2 dogs.
Michael Herzing - I see no problem with that since I have already
budgeted for it. I plan to do some landscaping, add some trees and
leave the trees that are there now.
Supv Schug - for the board to consider would be sidewalks, a fence
along the property line and trees to buffer.
was
some discussion
regarding the
house west of the property
itThere
and Z.O.
Slater will check
to see about
it being an unsafe
structure.
Parcel
#25 -1
-9
Richard
& Jean
Barham.
0
ID
TB12 -12 -95 Page 7
Michael Herzing - questioned if the sidewalk would be beneficial
to be on the side of the store, because you are asking kids to be
there as opposed to the other side of the street.
Clm Roberts - wanted to know if they would be using the existing
well.
Michael Herzing - no, they would be drilling a new well.
Clm Roberts - wanted to know how the trash would be handled and if
there would be a problem with having the dumpster in an enclosed
area.
Michael Herzing - by a local hauler from a dumpster and it will be
in an enclosed area.
Clm Roberts - you mentioned leaving the trees, would there be any
other landscaping plans.
Michael Herzing - nothing is on the plan, but they are going to do
as much as they can to help the drainage situation. We want it to
be an esthetically attractive place.
Since
the
board members
just
received the
drainage plan that would
have
to be
a condition
if
the
application
was approved.
Closed public hearing - 8:40PM
/ y
I
TB12 -12 -95
® TOWN BOARD MEETING
DECEMBER 12, 1995
Supv Schug called the meeting to order at 8:40PM
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 Roberts,
Atty Perkins and Z. 0. Slater
Absent: Clm C. Hatfield
Supv Schug appointed Clm Baker to audit the highway fund bills
Approval of the minutes:
Motion was made by Clm Roberts and 2nd by Clm T. Hatfield that the
minutes of the Town Board meeting 11 -2 -95 and Site Plan Review
11 -2 -95 be approved. Carried
COUNTY BRIEFING
Co. Rep. Lane - reported the county budget was passed with no rate
increase. The county board made a decision to locate the future
human services building on West State Street. The vote was 11 to 4
for that site over them remaining at the Biggs site. I supported
the decision to move down town because I think it made a lot of
sense geographically for the people of Dryden to go to Ithaca
instead of halfway to Trumansburg to conduct business. Dryden has
the third largest population who uses the human services. In
addition the employees use a lot of gas and time going up and down
the hill that could be better spent if they were more centrally
located where the other offices are.
Co. Rep. Lane - the amendment that was suggested by the Town of
Dryden has now become part of law through the amendment regarding
on site burial of demolition material.
Co. Rep. Totman - I voted against the budget again this year
because of the run away budget for social services. There was no
proof to me through out the year they did anything about it. I
felt that if they had done things like other counties, and I named
a lot of them, we could have had a reduction in the budget or put
some more sheriffs' staff on the road. I felt the move for human
services was pushed through too fast. There was no need to move
out of the Biggs building until there was more time for needed
information.
•
g�
d
CP--()!
TB12 -12 -95 Page 9
CITIZEN PRIVILEGE OF THE FLOOR
i
Steve Kirsh - Dryden Youth Commission - invited the board members
to attend a meeting on 12 -14 at 6:45PM. They are recognizing 2 of
their members who have finished serving 5 years on the board. One
is Ann Bianchi and the other Diana Radford. With 2 members going
off they have maintained full membership. As these members go off
we have had additional members attend at least 2 months before.
They have received several new proposals this year. One of the
proposals they have looked at is called Traveling Books of Dryden.
They came to us for a request of $700.00 and the youth commission
recommended funding to get them established. This is sponsored by
Literacy Volunteers of Tompkins County and BOCES. JoAnn Myer -Folan
is their new youth director. They are looking at serving the
entire town. Much of our focus has been through the Dryden school
and they are looking at more evenings, weekend programs and
expanding out into the town. Dryden Youth Pride has now become
Dryden Youth Programs. They are looking for an assistant youth
worker for out reach and helping our young people with job
placements.
Sgt.
Rudd - NYS Police - this
is
a
new policy
that
they have and
are
attending board meetings
in
the
different
towns.
Bill Bailey -
Insurance
- went over
insurance policy with board
members. Board
members
have copy of
bid prices.
RESOLUTION #252 WORKER'S COMPENSATION &
VOLUNTEER FIRMNESS BENEFIT COVERAGE
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, 1. - "The Town of Dryden hereby elects to secure
Worker's Compensation and Volunteer Firemens' Benefit coverage for
its employees and Volunteer Firemen pursuant to subdivision 3
section 50 of the Workers' Compensation Law. This coverage will be
managed by the Public Employer Risk Management Association, 111
Winners Circle, Albany, New York 12205.
20 - A completed Notice of Election in accordance with subdivision
4 -a as amended by Chapter 699, Laws of 1956, effective March 1957,
shall be filed with the Chairman of the Workers' Compensation
Board to make coverage effective 1 -1 -96.
30 - The Supervisor is authorized to sign such agreements as are j
necessary to provide this coverage."
2nd Clm Baker Roll call vote - all voting Yes
is
CERTIFICATE OF ABANDONMENT
The undersigned, DONALD R. GILBERT, Superintendent of Highways
of the Town of Dryden, County of Tompkins, New York, hereby
certifies.
That the highway in the said Town of Dryden, shown on a
subdivision plat as Ashenbury Road, has not been opened, worked,
traveled or used as a highway for six and more years prior to the
date of this certificate, and said highway is hereby declared
abandoned pursuant to Section 205 of the Highway Law as a highway
and public right of way. Said highway hereby abandoned is more
particularly described on the annexed Schedule A, attached hereto
and incorporated herein by reference.
This certificate is made with the consent of a majority of the
Town Board of the Town of Dryden.
IN WITNESS WHEREOF the undersigned Superintendent of Highways
has executed this certificate together with a majority of said Town
Board.
Dated. Dryden, New York
DecemberLZ, 1995
Filed and recorded in the
Town Clerk's Office of the
Town of Dryden, County of
Tompkins, N. Y. on
December /Ilf 1995,
L
Susanne Lloyd, wn le
Donald p. Gilbert
eriNten7e of hways
Jam s F. Schug,
Thomas Hatfiel
gha �s Hatfield
Ronald, Roberts.
rin bakez
hers of
Dryden,
York
the Town Board of the Town
County of Tompkins, New
0
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden,
County of Tompkins and State of New York, being a part of lot
number 93 in said Town shown as "Ashenbury Lane" and "Nottingham
Circle" on the subdivision plat entitled "Final Subdivision Plan
Lots 1 through 12 'Four Seasons'" made by Thomas G. Miller dated
June 18, 1969 and filed in the Tompkins County Clerk's Office on
August 11, 1969 in Book K -5 of Maps at page 79 EXCEPTING AND
RESERVING, however, the areas constituting the turnarounds at the
end of Sodom Road and Nottingham Drive.
L
TB12 -12 -95 Page 10
® ATTORNEY
Howser vs Lok & Lim - no change
Recreation Partnership review - Supv should write a letter to the
new mayor elect.
Baker Hill Road - no change
Mott Road culvert - no change. Hwy Supt. Gilbert should ask Dave
Putnam to assist on this project.
Atty Perkins - Sewer service agreement with Town of Ithaca - board
members received copies of agreement at November board meeting. In
signing the sewer service agreement goes a long way toward
resolving any outstanding issues between the Town of Dryden and
the Town of Ithaca. There are some issues for executive session.
RESOLUTION #253 SEWER SERVICE AGREEMENT
TOWN OF ITHACA
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize the Supervisor to sign
all necessary documents regarding the sewer service agreement with
the Town of Ithaca.
0 2nd Clm T. Hatfield Roll call vote - all voting Yes
Cortland Paving - update - litigation for executive session
i
Atty Perkins - Lucente violation results - Lucente will be
arraigned on 12 accusatory instruments.
Atty Perkins - Ashenbury Lane abandonment - this was laid out as
part of a subdivision plat in the Sodom Road and Nottingham Drive
area. This was originally approved by the Planning Board in 1960's
or early 1970's. The road was never built and a request has been
made for the town to take formal action abandoning Ashenbury Lane
from Sodom Road south to Nottingham Drive. This is removed from
the tax rolls as a subdivision. The only part left is Nottingham
Drive.
RESOLUTION #254 CERTIFICATE OF ABANDONMENT
ASHENBURY LANE
Clm T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board abandon Ashenbury Lane as a town
road. (Copy of certificate of abandonment - Ashenbury Lane in
minute book)
2nd Clm Baker Roll call vote - all voting Yes
40 Peregrine - concerning various correspondence - executive session
Date. December 4th, 1995
*Tom James Schug, Dryden Town Supervisor
From: Henry M. Slater, Zoning & Building Code Enforcement Off,
Sub,: November- 195 Building & Zoning Activity Report
Dear Jim;
Building Permits:
During the month of November 195, there were 14 Building
Permits issued which are described as follows.
A -1
Single
Family
homes New Starts
(0)
A -1
Single
Family
Renovation, Repairs
or Extension
(7)
C -4.1
Erect
Private
Garages
(4)
C -5.4
Church
Facility
(1)
C -7
Miscellaneous
Structure & repairs
(2)
Certificates of Occupancy and Compliance
Certificate of Occupancy (15)
Temp / Conditional Certificates of Occupancy (0)
Certificate of Compliance (7)
Public Inspections, Fire Safety
Multiple Residence Facilities (0)
Business Facilities (2)
Home Day Care Facilities (0)
Fire Investigations for the Month of September (1)
Dairy Barn Electrical Fire (1)
Milking electrical system malfunction, damage minor,
repair completed the same day.
Both the ZBA and the Planning Board did not meet, during
November, as there were no requests for either board.
Very truly yours,
Henry M. Slater
Zoning & Building Code Enforcement Officer
cc: All. Dryden Town Board Members
4�`usanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
if
i
TB12 -12 -95 Page 11
•Atty Perkins - TC3 agreement on easement - there was discussion
with TC3 representatives regarding an agreement between the
college and the town. The terms of which the town might be able to
grant an easement to the college for their water line. There will
be a recommendation ready for the January board meeting.
Atty Perkins - Dryden
Ambulance /Jack Miller - I
have
drafted a
letter to
Jack Miller
regarding statements that
were
made. The
questions
brought up
are already answered under
the
statutes.
TOWN CLERK
Dog licensing local fee - decision tabled.
ENGINEERING
Dave Putnam - 354 Snyder Hill Rd - water pressure - Bolton Point
changed the pump station and the meter. Mr. Hyde is still not
happy.
Dave Putnam - Snyder Hill water district - I contacted Mr. Varn
and the certificate of completion still has to be signed by Larry
Fabroni.
Dave Putnam - regarding the tower lights south of Dryden - he has
all of the information and will have it for the January board
40 meeting.
ZONING OFFICER
Monthly report given to board members
Z.O. Slater - 1062 Dryden Road demolition - I have a letter of
commitment from the owners attorney which states they are taking
bids to have it removed.
Z.O.
Slater - reported on the unsafe
structure
of the Masser barn
on
Dryden Harford Road. I have contacted
the owner who has moved
out
of town. He was not aware of the
situation
and he has
contacted
the Dryden Fire Dept. for a
possible
practice burn. He
I
s
also asking for demolition bids if
the fire
department can not
use
it for burning practice.
Supv Schug - wanted Z.O. Slater wanted to check on the unsafe
building on Fall Creek Road. Richard and Jean Barham parcel
#25 -1 -9.
HIGHWAY SUPERINTENDENT
Yellow Barn Road - have cut trees up to the turn around.
Supv Schug - Hile School Road - they say a box culvert will not
work there.
Hwy Supt Gilbert - I have a permit from DEC because it is a
wetland there.
TB12 -12 -95 Page 12
0 CORRESPONDENCE
No Dryden Lake Police report
Resignation from Justice Lloyd - board members received copies
Supv Schug - has received three resumes for the justice position.
Appointed Clm Roberts, Clm T. Hatfield and Atty Perkins to go over
the resume and interview the interested people.
Tom Allport, Joe Valentinelli, Calvin Ray and Martin Bleiweiss
were interested in the position. Tom Allport will submit a resume
since he was unaware one was needed.
The town board decided to put a notice in the Ithaca Journal,
Cortland Standard and The Shopper concerning the position
available and anyone interested send a resume by 12- 31 -9500
Supv Schug - would like a summary of what is involved in their
job.
DISCUSSION
Supv Schug - Tom Neiderkorn $1,000.00 to prepare trail application
- the board approved $1,000.00 last year for Tom Neiderkorn to do
some survey work. That was paid out of another fund. He has agreed
to prepare the preliminary material for the ISTEA money. There are
•
2 sets of requests. 1- for the existing trail in the Village of
Freeville to the Village of Dryden and 2- Game Farm Road to Route
#13. If the board members know of anyone interested in the trail
to write a letter in support of the trail and try to get the two
villages to pass a resolution and high school for support of the
applications.
Drug and Alcohol testing policy - board members went over.
RESOLUTION #255 SCHEDULED PUBLIC HEARING
AGED EXEMPTION FOR TOWN AND COUNTY TAXES
Clm T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board schedule a public hearing for
December 27th at 12 noon for aged exemption for town and county
taxes.
2nd Clm Roberts Roll call vote - all voting Yes
Supv Schug - wrote to Dryden Village Mayor Day to let him know who
the two councilmen were regarding water service discussions and to
direct any correspondence to my office for the 2 councilmen. I
received a response from Mayor Day thanking me for the note and
when the village board members are identified for discussion they
•will contact Clm T. Hatfield and Clm C. Hatfield and proceed.
Hopefully we can move forward with the village.
I
a
i
I
At a Regular Meeting
Tompkins County, New York,
December, 1995 at 7:30 P.
PRESENT.
Supervisor -
Councilperson
Councilperson
Councilperson
ABSENT. 0
of the Town Board
held at the Town
M., there were
a -1 6
of the
Town
of
Dryden,
Hall on
the
12th
day of
James Schug
Ronald Roberts
John Baker
- Thomas Hatfield
Councilperson - Charles Hatfield
The following determination and resolution were respectively
made and adopted by the Town Board of the Town of Dryden, to wit:
DETERMINATION
WHEREAS, the Town Board caused notice of public hearing to be
published in The Ithaca Journal, the official newspaper of the Town
of Dryden on November 3, 1995, to consider the advisability of
adopting a resolution, in accordance with the provisions of Section
209 -b of the General Municipal Law, authorizing the SLATERVILLE
VOLUNTEER FIRE COMPANY, INC., to furnish general ambulance service
for all of the residents of the Town of Dryden, and
® WHEREAS, a public hearing pursuant to such notice was held on
November 14, 1995, and which said notice of hearing described: (1)
the general ambulance service which is proposed to be furnished;
(2) the area to be served; (3) the names of the fire company
affected; (4) the time and place within the Town where such hearing
will be held; and (5) that all persons residing within the area to
be served or persons, firms and corporations owning real property
within the area to be served, or persons, firms and corporations
whose business interests or employment would either be benefitted
or adversely affected, whether or not a resident or owner of real
property within the area to be served shall have the right to be
heard in person or by representative at the public hearing, and at
which public hearing it was pointed out that the Town of Dryden was
served by several other Fire Companies which did not provide
general ambulance service to the area proposed to be served by the
Slaterville Volunteer Fire Company, Inc. and the understanding
between the Town and the Slaterville Volunteer Fire Company, Inc.,
was that the fire protection contract is to be entered into
principally for the furnishing of general ambulance service in the
area to be served by Slaterville Volunteer Fire Company, Inc. in
the Town of Dryden, and
WHEREAS, the matter was fully considered and discussed by the
Town Board and all persons present at the time of such hearing were
given an opportunity to be heard with respect thereto and their
statements considered by the Town Board, and
19
WHEREAS, the Town Bo;
authorize the furnishing
ambulance service and to
SLATERVILLE VOLUNTEER FIRE
FOUR THOUSAND DOLLARS ($4,
or before February 1, 1996
and deems it in the public interest to
of such fire protection and general
enter into an agreement therefor with
COMPANY, INC., for the consideration of
000.00) for one (1) year, to be paid on
and
WHEREAS, the consent of SLATERVILLE VOLUNTEER FIRE COMPANY,
INC. to furnish general ambulance service has been obtained, and
NOW, AFTER HEARING AND CONSIDERING THE STATEMENTS MADE AT THE
PUBLIC HEARING: on motion of Councilperson Roberts, seconded by
Councilperson Baker, it is
RESOLVED, that the Town Board hereby finds, in accordance with
the provisions of Section 209 -b of the General Municipal Law, that
it is in the public interest to authorize the furnishing of such
fire protection and general ambulance service for the said
residents of the Town of Dryden, and it is further
RESOLVED, that
service shall be furl
shall be prescribed
and approved by the
further
such fire protection and general ambulance
fished subject to the rules and regulations as
by SLATERVILLE VOLUNTEER FIRE COMPANY, INC.,
Town Board of the Town of Dryden, and it is
® RESOLVED, that within ten (10) days after the date of the
adoption of this resolution the Town Clerk shall cause a certified
copy thereof and the determination on which it is based to be filed
in the Office of the Clerk of the County of Tompkins together with
the consent of SLATERVILLE VOLUNTEER FIRE COMPANY, INC., and it is
further
is
RESOLVED, that
authorized to execute
the Town Supervisor be,
X0.1
SLATERVILLE VOLUNTEER
ambulance service for th
of FOUR THOUSAND DOLLARS
agreement between the
FIRE COMPANY, INC.,
e consideration of the
($4,000900).
and he is hereby
TOWN OF DRYDEN and
for such general
payment by the Town
The vote on the adoption of the foregoing resolution was as
follows:
Supervisor - James Schug Aye
Councilperson - Ronald Roberts Aye
Councilperson - John Baker Aye
Councilperson - Thomas Hatfield Aye
The resolution was thereupon declared duly adopted.
A
•
o\
[]
STATE OF NEW YORK )
COUNTY OF TOMPKINS )
TOWN OF DRYDEN ) SS:
I, Susanne Lloyd, duly elected Town Clerk of the Town of
Dryden, DO HEREBY CERTIFY, that I have compared the preceding
resolution with the original thereof filed in my office in the Town
Hall, Town of Dryden, Tompkins County, New York, adopted the 12th
day of December, 1995, and that the same is a true and correct copy
of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
the seal of the said Town this 13th day of December, 1995.
anne Lloyd, TowV Cie
1
w
n
0
•
Awe
SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION
BOLTON POINT WATER SYSTEM
AGREEMENT TO CHANGE WATER RATE SCHEDULE
THIS AGREEMENT to change Water Rate Schedule is made as of the 2nd day of January, 1996,
between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its
own behalf and on behalf of all water districts in the TOWN OF DRYDEN served by the Southern
Cayuga Lake Intermunicipal Water Commission, (hereafter referred to as "Dryden'), the TOWN
BOARD OF THE TOWN OF ITHACA, Tompkins County, New York (hereinafter referred to as
"Ithaca "), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its
own behalf and on behalf of all water districts in the TOWN OF LANSING served by the Southern
Cayuga Lake Intermunicipal Water Commission, (hereinafter referred to as "Lansing Town'),
VILLAGE OF LANSING, on its own behalf and as successor to LANSING WATER DISTRICT 1,
Tompkins County, New York, (hereinafter referred to as "Lansing Village "), and VILLAGE OF
CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred to as "Cayuga Heights "),
all of the parties hereto sometimes collectively or individually referred to hereinafter as
"Municipalities" or "Municipality ",
WITNESSETH:
WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and
consolidated agreement of municipal cooperation for construction, financing and operation of an
intermunicipal water supply and transmission system dated as of June 5, 1979; and
WHEREAS, pursuant to said agreement each municipality agreed to pay to the Southern Cayuga Lake
Intermunicipal Water Commission (hereinafter referred to as "Commission'), water revenues based
upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to said Agreement; and
WHEREAS, because of increased costs, the Commission believes it is advisable to adopt a new water
rate schedule in the form annexed to this agreement; and
WHEREAS, Schedule A of said June 5, 1979 agreement provides that the water rate schedule may not
be changed by the Commission without the written agreement to such change of all the parties; and
WHEREAS, Exhibit I of Schedule A to said agreement has been amended from time to time since the
initial date of the agreement; and
WHEREAS, the parties believe it is necessary to amend Exhibit I of the Schedule A further; and
WHEREAS, the parties are willing to agree to such change;
NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties
pursuant to said June 5, 1979 agreement, the parties hereby agree that Exhibit I of Schedule A annexed
to said June 5, 1979 agreement be amended effective January 2, 1996 and that thereafter the Exhibit I
annexed hereto is adopted as the water rate schedule for all purposes under said June 5, 1979
agreement.
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This agreement may be executed in multiple counterparts which, when taken together, shall constitute
a complete document even though each of the counterparts may not bear the signatures of all of the
parties.
IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day
and year set forth above.
TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF
DRYDEN AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF
DRYDEN SERVED BY THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL
WATER COMMISSION
TOWN BOARD OF THE TOWN OF ITHACA
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TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF
LANSING AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF
LANSING SERVED BY THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL
WATER COMMISSION
VILLAGE OF CAYUGA HEIGHTS
By:
Per Resolution # , Dated
1995
VILLAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR
TO LANSING WATER DISTRICT 1
By:
Per Resolution # , Dated , 1995
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EXHIBIT I
SCLIWC - BOLTON POINT WATER SYSTEM
1994 WATER RATE SCHEDULE
EFFECTIVE JANUARY 2, 1996
RATE STRUCTURE:
The flat rate charge per 1,000 gallons shall be non - fluctuating and equal to two dollars and fifty -five
cents ($2.55). This rate is equal to one dollar and ninety -one cents ($1.91) per 100 cubic feet. The
foregoing rate will be the rate charged for all regular quarterly bills sent after January 2, 1996. Actual
or base consumption may occur prior to January 2, 1996.
MINIMUM BASE CHARGES:
Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable
to the meter size indicated below, for regular quarterly bills sent after January 3, 1994. The table below
shows the amount of water consumption that is permitted before the minimum base charge would be
exceeded:
BASE
METER SIZE CONSUMPTION
(INCHES) (GALLONS)
3/4 10,000
1 30,000
1-1/2 45,000
2 90,000
3 140,000
4 200,000
6 350,000
MINIMUM BASE
CHARGE
(DOLLARS)
25.50
76.50
114.75
229.50
357.00
510.00
892.50
Multiple Housing and mobile home parks of over 2 dwelling units, using a master meter, will be
computed as follows: The quarterly master meter reading will be divided by the number of dwelling
units and the water charge will be figured on this number as if the unit was individually metered. The
water charge will then be multiplied by the number of units on the master meter and this will be the
billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable
consumption for a three - quarter inch meter, then the billing will be calculated by multiplying the
number of units on the master meter times the minimum base charge for a three - quarter inch meter
(e.g., if there were 20 dwelling units on the master meter, and total water consumption shown by the
master meter was 100,000 gallons, the Commission billing would be $510.00 (20 units times $25.50)
rather than $255.00 (100,000 gallons at $2.55/1000 gallons).
DRAT
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Page 13
Supv Schug - Small cities grant
regarding the small cities grant
the trailer park.
Karl Heck,
Ron
Palmer
and I
met
to supply
CHANGE
water
to the
area
of
RESOLUTION #257 DRYDEN YOUTH COMMISSION BUDGET
TRAVELING BOOKS OF DRYDEN
Clm T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board approve $700.00 from the Dryden
Youth commission budget for Traveling Books of Dryden.
2nd Clm Roberts Roll call vote - all voting Yes
RESOLUTION #258 SLATERVILLE FIRE DEPT - DETERMINATION
Clm Roberts offered the following resolution and asked for its
adoption: (copy in minute book).
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #259 DRYDEN TRAIL & FREEVILLE- DRYDEN
TRAIL APPLICATION - Tom Neiderkorn
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize PERC (Tom Neiderkorn)
prepare two applications for trails improvement - Dryden and
Freeville- Dryden trail in an amount not to exceed $1,000.00
2nd Clm Roberts Roll call vote - all voting Yes
RESOLUTION
#260
SCLIWC
PROPOSED
WATER
RATE
CHANGE
FOR
JANUARY 2,
1996
Clm Roberts offered the following resolution and asked for its
adoption: (copy in minute book)
RESOLVED, that this Town Board approve the rate increase for
SCLIWC from $2.50 to 82.55 per 1000 gallons.
2nd Clm T. Hatfield Roll call vote - all voting
RESOLUTION
#261
REAPPOINT
LANDFILL
NEIGHBORHOOD
PROTECTION
COMMITTEE
- Nancy
Tenkate
to
1996
Yes
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board reappoint Nancy Tenkate to the
Landfill Neighborhood Protection Committee for a three year term
to expire December 1998.
2nd Clm T. Hatfield Roll call vote - all voting Yes
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RESOLUTION
#262 APPOINT
and asked for its
DELEGATE
TO THE
FIRE
AND DISASTER
ADVISORY
BOARD -
Varna Fire
Dept. -
Joel
Cadbury
Clm Roberts offered
the following resolution
and asked for its
adoption:
RESOLVED, that this
Town Board
appoint Joel
Cadbury of the Varna
Fire Department as
delegate to
the Fire and
Disaster Advisory
Board for a three year
term to
expire December
1998.
2nd
Clm T.
Hatfield
Roll
call
vote
-
all
voting
Yes
RESOLUTION #263 REFUND SEWER MONEY - KARL WESTERLING
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize the Supervisor to refund
sewer money ($12,104.58) to Karl Westerling to be paid at the
December 27th board meeting.
2nd Clm T. Hatfield Roll call vote - all voting Yes
RESOLUTION #264 REAPPOINT PLANNING
BOARD MEMBER - Erica Evans
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board reappoint Erica Evans to the
Planning Board. Term to expire 12 -31 -2002.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #265 ACCEPT SHORT EAF SEAR
NEGATIVE DECLARATION - Dean Fowler Oil Store Sign
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board accept the short EAF SEAR form as
filed. It was determined there was no significant environmental
impact and a negative declaration should be made.
2nd Clm T. Hatfield Roll call vote - all voting Yes
RESOLUTION #266 GRANT SPECIAL PERMIT
DEAN FOWLER OIL STORE SIGN
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board grant a special permit to Dean
Fowler Oil for a sign to be installed on the neighboring property
with the following conditions. 1- this application is non
transferable (for current applicant only); 2- no light on sign at
any time; 3- "Boiler Plate Conditions "; 4- NYSDOT permit approval;
5- located according to map presented with application and at
least 63 feet from the road right of way, and 6- adhere to sign
ordinance at all times.
2nd Clm T. Hatfield Roll call vote - all voting Yes
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Board members went over EAF SEAR for Big Al's Store.
RESOLUTION
#268
#267
ACCEPT
SEAR
EAF FORM
SPECIAL
Herzing
PERMIT
- BIG
AL'S
STORE
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board accept the SEAR EAF form as
modified dated 12 -5 -95 and changes made. It was determined there
was no significant environmental impact and a negative declaration
should be made.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION
#268
GRANT SPECIAL
PERMIT
BIG AL'S
STORE
- .Michael
Herzing
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board grant a special permit to Big Al's
Store - Michael Herzing with the following conditions: 1- Hours
6:OOAM to 10:00PM seven (7) days a week; 2- buffer fence between
property on west side, 3- maintain trees that are already there
and plant additional; 4- this town board reserves the right if
adjoining property on south side is acquired it must be fenced and
landscaped; 4- enclosed dumpster; 5- DEC permit approval; 6- prior
approval for drainage plan by Dave Putnam, Town Engineer; 7-
"Boiler Plate Condition's" with one exception item #7. The rate of
discharge to be emitted from the site shall be subject to approval
of the town engineer).; and 8- lighting shall shine on lot only
and unobtrusive.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #269 APPROVE ABSTRACT #112
Clm T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that abstract #122 be approved as audited with the
following exception of voucher #1064 GPA Enterprises only the
supplies be paid and not the service contract. Voucher #1012 to
voucher #1093 in an amount of $225,298.24.
2nd Clm Baker Roll call vote - all voting Yes
FINANCIAL REPORT - available to board members
JUSTICE REPORT - $13,802.00 for the month of November
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Town Board recessed for executive session - 10:30PM to discuss
land acquisition
Town Board reconvened at 11:20PM and the following action was
taken.
RESOLUTION #270 SURVEY ON JOHNSON ROAD
I
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize the survey on Johnson II
Road property from T. G. Miller's not to exceed $1,000.00.
2nd Clm Roberts Roll call vote - all voting Yes
RESOLUTION #271 TC3 EASEMENT CONTRACT
Clm T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town
I
nto a contract easement
with approval from town
2nd Clm Baker
NEW BUSINESS
December 27th
December 27th
January 3rd -
January 9th -
February 13th
Board authorize the Supervisor to enter
with Tompkins Cortland Community College
attorney.
Roll call vote - all voting Yes
12:00 noon - aged exemption hearing
- 12:00 noon - end of year meeting
noon - organizational meeting
regular meeting
- regular meeting
Adjourned: 11:30PM
Susanne Lloyd
Town Clerk