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HomeMy WebLinkAbout1996-12-10LJ TOWN BOARD MEETING PUBLIC HEARING - AGED EXEMPTION_ DECEMBER 10, 1996 Supv Schug called the public hearing to order at 7:30PM Supv Schug read the notice that was published in the newspaper concerning aged exemption. (copy in minute book) QUESTIONS AND /OR COMMENTS - NONE Closed public hearing 7:45PM Supv Schug called the meeting to order at 8:45PM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance Roll call was by Town Clerk Lloyd ,3 3 Present: Supv Schug, Clp Grantham, Clp T. Hatfield, Clp C. C? Hatfield, Clp Roberts, Atty Perkins and Z.O. Slater INFORMATIONAL MEETING - RMS GRAVEL Present: Michael Barylski and Jean Cotterill representing DEC; Pat • Snyder, Council; John Harrington, Consultant and Roy Reeves whose has submitted the application to DEC. Michael Barylski - as a result of the permit application submitted to DEC they have requested the applicant to prepare an environmental impact statement. As a result of provisions in SEAR Mr. Reeves has opted to take advantage of having the department look at a draft scope for the environmental impact statement. The purpose of meeting with the town board would be to ask you to take a look at the draft scoping outline that has been prepared by Mr. Reeves and determine whether or not on the basis of those things that Mr. Reeves has suggested be discussed and any other issues that you are aware of that you feel should be discussed. The other purpose would be to determine if there are issues that you may have seen on other environmental impact statements or that have been routinely discussed in environmental impact statements that are really irrelevant in this case so that the environmental impact statement that is prepared is one that more specifically addresses the issues that most people are apt to be interested in and relevant to determining what the impact of the operation is. Pat Snyder will go over the draft scoping and would like input from the board within the next 2 weeks before the scope is finalized. E r1 • TB12 -10 -96 Page 2 Pat Snyder - went over the draft scoping with the board members. (copy in minute book). Clp Grantham - wanted to know what reclamation was involved. John Harrington - by law we are required to reclaim the site to the same or comparable. In this case there will be top soil set aside for the grades as they are developed and will be seeded. DEC will not release the bond until that is done. Michael Barylski - there is a plan issued by DEC that you could look at so you would have an idea of how deep the mine floor will be and when it is reclaimed what the topography is going to look like before mining even commences. Clp Grantham - wanted to know if the hydrological investigation had been done yet. John Harrington - yes, it has. Board members went over GR -14 wetlands and proposed plan. Clp Grantham - the plan for reclamation and the investigation in terms of the environmental impact have already been filed? John Harrington - we have prepared a mine reclamation plan which is required for any new mine in New York. This follows a format and they are approved or approved with some corrections. Michael Barylski - any time the department receives a permit application for action where the decision is discretionary where we might approve it or approve it with modifications. That action by the department is subject to at least a minimum of 3 regulations. 1- would be specific program regulations for the permit that the individual is applying for, 2- subject to SEAR which says the department has the responsibility to take a look at whether or not the action may or may not have a significant adverse environmental impact and 3- also subject to Uniform Procedures Act Regulations which dictate the departments responsibility insuring of appropriate public review and comment and public notice requirements. In this case the application was submitted under the mining regulations. Under SEAR the department classified the action and made the determination that it was a significant operation and it was appropriate to ask for the environmental impact statement. This is to be done in addition to the basic permit application that has already been prepared. This is why we are here to determine whether or not there is any input from anyone that knows of the area and has any concerns with regard to possible impacts as a result of the approval of the proposal. It includes other things such as looking at mitigation measures and /or include alternative proposals. The departments decision to ask for an environmental impact statement was to resolve the concerns not just with this particular proposal but the impact it has on the longevity of the proposal at this site. There are certain operations within close proximity to Fall Creek, Mud Creek and the regulated wetlands. a'37 TB12 -10 -96 Page 3 Clp C. Hatfield - if everything is done as planned at the end of 30 years it will be seeded and grass growing again. John Harrington - that is what the reclamation plan calls for Clp C. Hatfield - wanted to know how much topsoil was called for. John Harrington - it is usually 8 to 10 inches and makes it suitable for agriculture. Michael Barylski - would like written input from the board members regarding the draft scoping report by December 20th or 23rd so that they have time for review. Just as important as identifying issues that you would like to see discussed that may not be represented. Typically you would see a scripted outline that EIS would want you to follow. This includes everything from input on climate, energy and agricultural resources. If those things are not issues I would also like you to take the time to state you have looked at this and the impact on agricultural resources is not really an issue at this location because of your stated reasons. The applicant will then know not to bother with discussing this particular issue. With regard to the crossing under Mott Road you may want to see discussed and other options that we have looked at. This is also something we should know about. • APPROVAL OF THE MINUTES Motion was made by Clp Roberts and 2nd by Clp T. Hatfield that the minutes of Site Plan Review 5 -28 -96 and Town Board meeting 8 -13 -96 be approved. Carried Walter Groman - reported on the ambulance billing - they have 9 people they are unable to collect from either by inadequate address or person is deceased. Cash flow as of 8 -96 is $81,296.00. $15,400.00 has been identified that can't be billed due to the approvals that came in during the year. Medicaid is working on changing their authorization date back to January 1st and that would allow us to receive another $6,500.00. Paid receipts on Medicare is about $7,200.00, Medicaid $8,900.00 and direct I nsurance about $92,000.00. There is $30,000.00 outstanding for private pay no fault. It looks like $50/60,000.00 is available to be collected. Wondered if a resolution was needed for the bills that were uncollectible. The board decided to wait and see what a years experience is before a resolution is made for bills that are unable to be collected. This way there will be something to work with. The board should receive a report in advance to the board meeting for review. • a3V 1 G TB12 -10 -96 Page 4 . ATTORNEY Supv Schug - asked the board if they would like to spend $12,000.00 for property belonging to Mr. Ottenshot on a problem he created. If the town decided to do it he would have to agree to put in the pipe down the driveway to the back of his property. The town would also need him to sign an agreement stating he would follow the rest of the law which says he will get a special permit for dumping and for any material on the property and removal of the material. There was a meeting with myself, Don, Mr. Ottenshot and Gordon Reimels. Gordon Reimels from NYSDOT said the pipe under Route 366 that is there is going to stay there. Atty Perkins - Cortland Paving ( Ottenshot) - Mr. Ottenshot is the one who changed the drainage pattern. There was not any problem until he started to fill in the property. I am not sure why the town should spend that kind of money on a problem he created unless it is in connection with an overall permit approval of a lot after a public hearing. He has not even seen fit to apply for a special permit or complete the application. In the hearing that was held last Friday Judge Rumsey relieved his former attorney and informed Mr. Ottenshot he had until January 5th to secure new counsel. If he didn't secure new counsel by January 5th he was going to be deemed to represent himself. He also ordered Mr. Ottenshot to appear for examination for trial sometime between January 15th to February 17th, 19970 He also awarded the town the • cost of the court reporter at the time he didn't show up plus $100.00 motion costs and a personal judgement against Mr. Ottenshot of $1750000 The board decided not to pay any money for a problem Mr. Ottenshot created. Atty Perkins - Peregrine Hollow project - no change Atty Perkins - Timmerman - no change Atty Perkins - Blechinger /Rhoades - no change Atty Perkins - Wescott - Dedication of LaiLani Kay - I have been over the documentation Mr. Westcotts attorney sent me and I recommend the board does not pass a resolution at this time since there are still some things that have to be done. The road is not ready for dedication at this time. There has to be corrections made to the documents. He filed a subdivision plat without any individual lot numbers and is not being assessed as a subdivision. He has approval, but not paying for the subdivided parcel lots. The board should also decide on a road name if the are not happy with the one that is suggested. (LaiLani Kay). I will get a letter from Hwy Supt Gilbert stating that the road has been built to town specifications and he is satisfied. Mr. Westcott also has some • back taxes he has to clear up. There is not a satisfactory profile for acceptance. P c� L/D TB12 -10 -96 Page 5 • Supv Schug - the county superintendent of highways will give Hwy Supt Gilbert permission to go on the property at 13 Kimberly Drive to unplug a drainpipe if the Town Board passes a resolution. SOLUTION #244 AUTHORIZE HWY SUPT GILBERT TO UNPLUG DRAINPIPE ON KIMBERLY DRIVE Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Highway Superintendent Gilbert on direction from the County Superintendent of Highways to go over land as far as necessary at 13 Kimberly Drive to unplug the towns drainpipe and keep it unplugged. 2nd Clp C. Hatfield Roll call vote - all voting Yes ZONING OFFICER - report given to board members Z.O. Slater - wanted direction from the Town Board concerning Gary and Marianne Maybee at 975 Irish Settlement Rd. I feel that if I allow him to do the construction on the conforming end of the home that he wants we will lose the leverage we have for ramification of the problem on the nonconforming end of the house. Z.O. Slater went over the illustrations with board members. Part of the structures are on the neighbors property. Gary Maybee did own 2 lots and falsely submitted a site plan in 1984 to obtain a building permit to build a swimming pool and pool house. Of this • year Gary went to the ZBA for a variance to build connecting hallway. He did not ask to consider the other buildings. The ZBA went through the 5 points of an area variance and came up with a negative response of finding plus they did not feel they wanted to liable the town for granting a variance to connect to a building that wasn't entirely on his property to begin with. That was a primary finding. He owned both properties in 1984 and then through financial problems he lost the one property. Today we would not have issued the permit for the swimming pool on an adjacent piece of property since that is an accessory use structure. There is no primary use structure so therefore he doesn't have the right to j build. The lots existed in 1971 when the original house was built. In 1984 when he built the pool house. Sometime he built a kennel which we have no record of and 1994 when he owned the property another structure was built. Now he proposes to build off the west end of the house by a construction permit. I told him for the time being I was not going to grant that permit until I had reviewed this with legal counsel. He has agreed to remove all of the new i nonconforming construction, but in exchange for that he wants the town to grant him a building permit to build on the conforming end of the house. This still leaves the pool house and the kennel in i non conformance with the zoning side yard setbacks. Supv Schug - the board authorized Z.O. Slater to grant a building permit to Gary Maybee to build on the end of his house once he has • removed the pool house and the kennel building off the property line. TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT December 4th., 199E In the Heart of the Finger Lakes Region James F. Schug, Dryden Town Supervisor 65 East Main Street Dryden, NY 13053 Re: Building Permit Request, Submitted by Gary & Marianne Maybee Dear Jim: As you or may not recall, issued in February of this year, our office authorized. noted unauthorized construction occurring at 975 Irish Settlement Road, the residence and property of Gary & Marianne Maybee. A Stop Work Order was issued, siting the need of a building permit. Briefly connect • 1994 an Dryden have be to each sevent i Maybee was ion hallway d a nonconfo Town Buildin en issued. other, 971 es Maybee bu in the process between a confo rming pool hoes g Permit, that In 1984, Maybee & 975 Irish Set ilt a conformin of con rming r e built in my o owned tlement g resid structing a esidence built in in 1984 by a pinion, should not two lots adjacent Road. In the mid ence at 9716 In early 1984, Maybee submitted an application to the Town which proposed to construct an inground pool and combination pool & bath house. Maybee's site plan indicated the two lots were one. The pool was clearly within the 975 lot but the pool house appeared to be sited on the common lot line. It should be noted these lots were created by subdivision review and approval in 1971. The Building Permit was issued and the structures were built and occupancy use authorized. In the early 1990's Maybee lost the 971 property to the bank holding the mortgage, who sold the property at public auction. In the meanti constructed a stop work ord applications. • zoning side y request which me, con er, We and was Maybee forming Maybee determ setback first still own residenc filed the ined the Maybee heard on ed the e. Af appro struct submi April 975 lot and in 1994 ter the February 796 priate construction ure would violate the tted a variance 2nd, 1996, but the n LJ James Schug ZBA withh propertie ZBA. Th i 11/6/96 e ordered t Maybee ha e S S v h s ld an com comp ent ua e Hal begs_► December 4th, 1996 y decision unt plete with str leted, the ZBA lly denying th lway construct n to don i U e i 1 a s ct ure cont i requ on to Page Two urvey of the two s, was submitted to the need the hearing on est. As a result I be demolished which You'll note /I've enclosed a copy of the two property surveys, a copy of my order to demolish the hallway and other related direction as well as my 11/26/96 memo to Mahlon the subject of which, being whether or not I should issue a building permit to extend the 975 home in conformance to the west where setbacks can be maintained. The being, reason I hesitate, by denying whether or not I have is the the extension, fact that but will we discuss pool Town has leverage bath resolve house and a violation dog setback kennel, of the both side accessory yard all to setback the requirement. 975 residence, gone In remain fact, in you'll kennel would note and point bath from out, the pool the attached house kennel are appeared two sited property on without both surveys, properties. building both the I permit. My question to Mahlon was, am I obligated to permit a conforming extension of the conforming 975 residence when self created setback violations exist with both accessory use structures at 975 Irish Settlement Road. My point being, that by denying whether or not I have such suggested, the extension, that but will we discuss the Town has leverage to resolve earliest the setback violations. If I issue the permit, all leverage is gone or greatly diminished. A further question to Mahlon was, do I have a right to deny conforming construction based on other self created coning violations existing on the same parcel? Mahlon believes that it is unclear whether or not I have such suggested, authority that but will we discuss continue the to pursue the question. issue with you and He the Board at the earliest opportunity. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Dryden Town Attorney Susanne Lloyd, Dryden Town Clerk • TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT In the Heart of the Finger Lakes Region November 26th, 199E Mahlon R. Perkins, Dryden Town Attorney PO Box 27 Dryden, NY 13053 Re: Gary & Marianne Maybee Request to Extend Single Family Home Dear Mahlon: As you may or may not recall, we had a recent conversion concerning a variance request from Gary & Marianne Maybee of 975 Irish Settlement Road, Town of Dryden. In a continuation of a ZBA Hearing first held 4/2/96, the ZBA came to a decision 11/6/96, denying the request. • Briefly, Maybee was directing him to ce not applied for, or involved a hallway structure to a pool Town Zoning and New this, were provided issued, on 2/26/96 a "Stop Work Order" ase work on a project for which he had received a building permit. The project which would connect the main residential house built in 1984 authorized•by Dryden York State Department. The details of to you prior to both ZBA hearings. As the ZBA denied the variance, I ordered the removal of construction on 11/12/96. Mr. Maybee now inquires, if he complies with my 11/122/96 order to remove the subject hallway, would I issue a construction permit to expand the existing 975 Irish Settlement Road residence toward the west property line. The 1984 era pool house, directly behind the pool with the Dryden Town Zon setback but, according t upon the neighboring 971 Richard Otis. At the ti owned both 971 & 975 Iri Recently, through forecl property, as well as th house, not on ing Ordinance o two separate Irish Settlem me of the 1984 sh Settlement osure sale, Ot e dog kennel which is ly fail to conform 15 foot side yard surveys, encroach ent Road property of construction, Maybee Road properties. is purchased the 971 . Mahlon R. November Page Two 11 0 Perkins 26, 1996 Since our are policy has been not properties. to approve projects with identified with the depth of or outstanding common lot line, it is consistent with siting violations structures. of all applicable rule or regulation* issue any permits I would until question these two whether self created or not, Zoning I should problems are brought into conformance? Attached are copies of two recent surveys of the two properties. Although the survey is not consistent with the depth of the common lot line, it is consistent with siting of structures. Also, Mr. Maybee indi begin a law suit agai New York for allowing property line. How o know! Would threat o off further construct cat nst hi r w f 1 ion es th m t hen iti ap he has authoriz e Town of Dryde o build the poo the kennel was gation be anoth proval? ed his attorney to n and the State of 1 house on the built, I do not er reason to hold Please advise at your earliest convenience. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: Maybee ZBA file I i 3� �n 1\ i h� �r • rl L piNES o a + DICK o 77S. J R. (7s9 - Zoi f ;rr,4A PAfcEZ 77 -i S7 ti - 1 i i Lip' f" W a9 71 I T F135 Raw e• 0. K/ IR151-1 171 T7Z4F1 IE/VT ROAD < v o �Z J WJ 3 m 0 W ov � to e� �rk W� e F1 �n Dot` P 1 501YE y MAP OF 44A/D5 A T 97/ IPISN SETTZEMfNTRD. TowN of DRTDEN, ToMpkiNS co. A1R1A/ `/Mx� r I • • (OVfr) X xaa o� Q I n �P q I i . 2 5'� Ti tk 71 a Q �� a N N I 0 of POOL 1. S7"ORY FR4 Mf LH M� OF (519,f . &,OWRMAWE (SS-7— 996 714X pq,n-F) cWtia Lon=: _ �- j - - -- oVER H o w RCS i RME s BDNr. ION N �►'IAyBEE ........ - -- -- 9 75 SETTLf,ME/VT ON 0 J N o� 2 i I A DWELL /NG #1 9751091 SETTLEMfN l RO YDEN, TAMPION S C✓ • 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 1 / ZONING & BUILDING CODE ENFORCEMENT November 12, 199E Gary & Marianne Maybee 975 Irish Settlement Road Freeville, NY 13068 Re: Stop Work Order of 2/26/96 Dear Mr. & Mrs. Maybee: As you are aware on 2/26/96 a Stop Work Order was issued for the unauthorized District construction, connecting your 975 home to a 1984 era detached complete accessory use structure hereafter known as the pool house. that if you The construct i These two asse a). the mud r b). the hallw • At the time of direction for on c mbli oom ay. the both onsists of t es are ident and Stop Work ❑ of these as wo 5 -b wood frame assemblies, ified as: rder, our office provided semblies. We provided the RC Zoning verbal District approval to foot complete yard the setback. mud room that if you could establish on our discussion with and provide your description evidence of that the mud room You indicated would not violate the RC Zoning District 15 foot side yard setback. We based that decision on our discussion with you and your description of the project. You indicated the construction would be no area installation to be less of than any 144 utility square services feet, there or any fire safety concerns. Based on the above facts, NO Building Permit was required. We continue to honor that authorit the side yard setback conformance. Of a copy of July 18th, 1996 serve Road property prepared by Howard R L. S. 043780. I would point out, t does not provide any detail of the Settlement Road dwelling, y, but do requ We acknowled y of 971 Irish Schlieder N. hat survey, co primary 975 I est proof of ge receipt Settlement Y. S. R. E. & py attached, rish Authorization to complete the hallway which would connect the pool house and the 975 Irish Settlement Road primary dwelling; was contingent on obtaining a variance from the Dryden Town Zoning Board of Appeals. As you are aware, the 10 ZBA met on 4/2/96 and most recently on 11/6/96 to consider your request. Ultimately, the ZBA denied the variance request which means the hallway will have to be removed. Gary & Marianne Maybee November 12, 1996 Page Two At this time, I must request that the following action be commenced: 1) the connecting hallway construction be removed within 30 days of receipt of this notice. 2) That appropriate factual evidence be submitted which would establish that the mud room is in conformance with the 15 foot side yard setback requirement. This would request within not more than 60 days or adjustment to the mud room to conform to the 15 foot setback requirement be completed and verified within the same 60 day time frame. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: Charles Hanley Chr. Dryden Town ZBA Randy Marcus, ZBA Legal Advisor James F. Schug, Dryden Town Supervisor Mahlon R. Perkins, Dryden Town Attorney i I • E TOWN OF DRYDEN • DRYDEN, NEW FORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607- 844 -9120 In the Heart of the Finger Lakes Region ZONING & BUILDING CODE ENFORCEMENT December 12th, 1996 Gary & Marianne Maybee 975 Irish Settlement Road Freeville, NY 13068 Re: Request for Building Permit, Violations Exist Dear Mr. & Mrs. Maybee: As per your recent whether or not our construction permit property, specifica property, where zon inq off f lly ing uir ice r a yo vi y, wh i c would propos ur 975 olation Where Identified Zoning h sought to d be, able to i ed conforming Irish Settlem s are known t etermine ssue a project on ent Road o exist. I decided the questioned merited, more than my opinion. I concluded the opinion of Town Attorney Perkins would be an appropriate avenue to approach. Attorney Perkins concluded, neither he or I could make this decision and that it would be necessary to bring this issue before the Dryden Town Board, policy maker of Dryden Town Government. On Tuesday, December 10th of this year, I brought this issue before the Dryden Board. After a brief discussion of the history of the 971 & 975 Irish Settlement Road properties, from the time of subdivision through the time of your ZBA hearing, the Board provided the following direction. The Town Board directed me, not to issue any further construction permits until the zoning violations existing at 975 Irish Settlement Road have conformed, either by complying with Dryden Town Zoning District side yard setback of 15 feet, or by obtaining a valid variance from the Dryden Town Zoning Board of Appeals. As you may or may not hearing, the ZBA advi right to grant a vari believe the ZBA forth question were entirel then be in a position I cannot predict the will certainly be dep application. recall, duri sed you that ance for anot er advised yo y on your pro to entertain outcome of su endent on the ng your November 5th ZBA the ZBA does not have the her person's property. I u, "if the structures in perty, the Board would your variance request ". ch a request. The outcome appropriateness of the Gary Decem Page If yo pleas from & Marianne ber 12th, Two u should h e feel fre 8:00 AM — Maybee 1996 ave any questions or desire further detail, e to call our office as necessary at 844 -9120 1:00 PM Monday — Friday. Very truly yours, a W Henry M. Slater Zoning & Building Code Enforcement Officer cc: James Schug, Dryden Town Supervisor Town Board Members Mahlon R. Perkins, Dryden Town Attorney ZBA Member Planning Board Members Jean Ryan, Rec. Sec. Susanne Lloyd, Dryden Town Clerk 0 L� G Fi`s h er Aoe2 ex X33 Scoping for RMS Gravel, Inc. 1. Description of proposed action: The operation of a new 121 acre mine immediately south of the existinq,RMS Gravel, Inc. mine. The new mining area will be used as the existing approved mining area is depleted. The "rate of mining and processing, and consequently the amount of truck traffic, silt production, water usage, hours of operation and other factors will be similar to existing conditions. The new mined area will be bermed and vegetated to minimize any visual impacts. Reclamation will be ongoing, to minimize the disturbed area at any one time. Silt byproduct from processing will continue to be removed from the settling basins and dried at the same locations, for ultimate use as fill on the George Junior Republic lands or at other locations. There will be no change to the current operating program, which has been completely successful in avoiding any impacts to Mud Creek, Fall Creek, or Wetland GR -14. The total area to be affected is 121 acres, which will be mined over the course of 25 -30 years. The new mine will allow this existing business, which currently provides employment for approximately 16 persons, to remain in operation. Without the new mine, this business will be forced to close within 3 -5 years. The RMS mine provides high quality building materials and ice control sands to customers within a radius of approximately 25 miles. It is the only NYSDOT approved sand and gravel source in Tompkins County. Without this source of materials, it is likely that many customers, including local municipalities, will find it more difficult to obtain these materials, and prices may be significantly higher at more distant locations. 2. Potentially significant adverse impacts to be discussed in the environmental impact statement: Potential for visual impacts, noise, dust, traffic, surface water quality, wetlands, and drainage. 3. Extent and quality of information required: Enough information to predict whether any unreasonable change to existing conditions will occur, including hydrologic data that shows that the groundwater table will not be intersected. 4. Initial identification of mitigating measures: rk(f larnV4,1 an Visual'screening, phased implementation, concurrent -re�� ^^ adherence to currently successful mitigation measures. 5. Reasonable alternatives to be considered. Variations in the direction of mining, reclamation for uses other than agricultural, and availability of alternative sources. Date: • To: From Sub. . Dear Jim: December 4th, 199E James Schug, Dryden Town Supervisor Henry M. Slater, Zoning & Building Code Enforcement Off. November 996 Building & Zoning Activity Report Building Permits: Family accessory Homes Month new starts, second During Modular home family dwelling style the month of November 196, our department issued S building a detached Facilities 96, permits which are described reported structure Day as follows. (1) Facilities A -1 A -L Single Complete Family accessory Homes Month new starts, second two Modular home family dwelling style (c) (1) During C -4.1 (0) Erect Business a detached Facilities 96, there private garage reported structure Day Care (1) Facilities C -4.1 (0) Demolish a portion Park which of an existing required Historic Barn and of the panel service. restore remaining sections of the structure (1) Certificates of Occupancy and Compliance Certificate of Occupancy (6) Conditioned Certificate of Occupancy (0) Certificate of Compliance (1) Public Inspections, Fire Safety Month of Multiple Residence (1) During Facilities (0) month Business November Facilities 96, there was () reported ® Home Day Care an electrical Facilities (0) within Fire Investigations for the Month of November (1) During the month of November 96, there was one fire reported which was an electrical fire within the Little Creek Park which only required the replacement of the panel service. Update on Issues of Concern: Loeven The Paladi leavin safe u is on propos Barn unsafe no. P g the ntil s track ed own at 164 Dryden Harford Loeven barn is now un aladino will demolish original 1850 era barn pring when final repai to conform to the agre er during the October Road der repair and owned by Charles the add on, 1897 era west wing, which has been secured and made rs will be completed. Project ement between the Town and condemnation hearing. Ottenschot Property at G Freese Road I've not received any further information on this issue, which means, I have nothing to report. RMS Gravel Special Permit, South Mine, Mott Road As you are aware, NYS DEC provided a Positive SEUR Declaration which has led to the 12/10/96 scoping session by the Town & DEC • Officials. November • page Two 0 • 96 Report ZBA The Zoning Board of Appeals continued the Gary R Marianne Maybee request, first held 4 /2/9E. You have been provided these facts and status of the setback variance denial. Planning Board The planning Board had an agenda November, but was unable to produce a quorum, therefore, their agenda had to be postponed until Thursday, December 12th, of this year. Site plan Review & Special permit project Sheet Zoning & Building Attached is a copy of our Site plan Review, Special permit tracking program. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney SPECIAL PERMIT STATUS AS OF SPECIAL PERMIT APPLICATION APPROVAL & BUILDING PERMIT SPECIAL PERMIT CERTIFICATE OF PROJECT COMMENTS APPLICANT APPROVAL CONDITIONS ISSUED CONDITION OCCUPANY DATE SENT TO COMPLETED ISSUED APPLICANT •Joseph Yeager 02/27/96 04/26/96 None Required Ongoing 119 Mill Street Establish Home Occupation Body Shop Integrated Water Managogwt Pending Pending 289 Cortland Road Establish water treatment Lab RMS Gravel Pending OPEN 290 Mott Road Wpand existing gravel mine i None Required Ongoing OPEN OPEN WA Yeager doing Business No Complaints: Currently, Mr. Yeager is preparing a request to expand his hours of operation which he hopes to present for consideration in January 1997 N/A Applicant has yet to move in Applicant to occupy when access road has become a dedicated Town Road OPEN Currently on Hold wafting DEC completed Mine Permit Application DEC issued positive SEQR Declaration scoping session held jointly with Dryden Town Board 12/10/96 TB12 -10 -96 Page 6 RESOLUTION #245 AUTHORIZE ZONING OFFICER Dave Putnam to SLATER REJECT ALL APPLICATIONS TO GARY MAYBEE Clp Roberts offered the following resolution and asked for its adoption: Dave Putnam to discuss the size of culvert needed there. RESOLVED, that this Town Board authorize Z.O. Slater to deny all building permit applications until such time all known zoning violations, existing at 975 Irish Settlement Road, are resolved. 2nd Clp Grantham Roll call vote - all voting Yes HIGHWAY SUPERINTENDENT Yellow Board Road, Caswell Road - no change Hile School Road - no change Bone Plain Road drainage (waiting until spring) Hwy Supt Gilbert - Cellular Phone under state contract - the price runs $11.00 a month and 21 cents a minute. It is nice to have in the winter and summer time. It is especially handy in the winter time if I am on the other side of the town and need to call for a plow to come over there. Otherwise I would have to drive all the way back to the highway garage and have someone take a plow out. The zoning office is also interested in a phone since it would save a lot of miles. RESOLUTION #246 PURCHASE CELLULAR PHONE STATE CONTRACT Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Hwy Supv Gilbert to purchase a cellular phone on state contract. 2nd Clp Grantham Roll call vote - all voting Yes Hwy Supt Gilbert - Pinckney Road water problems - would like to meet with Dave Putnam to discuss the size of culvert needed there. Hwy Supt Gilbert - would like boards permission for summer work projects operation. - bids for stone Permission was and crusher granted by run, recycle and pug mill Town Board Hwy Supt Gilbert - reported on new truck with plow to board members. Hopefully I will have it by the end of December or early January. Hwy Supt Gilbert - would like permission from the board to place an ad in The Shopper regarding roads that have been worked on and the ones that are to be worked on. Permission was granted by Town Board. aqr I i TB12 -10 -96 Page 7 0 CORRESPONDENCE Dryden Lake Police report Letter of resignation from Joseph Jay member on the Zoning Board of Appeals. Supv Schug - submitted name of Ann Everett to fill vacancy on ZBOA. Clp Grantham and Clp Roberts expressed concern over the operation of the ZBOA when Ann Evverett chaired that board. RESOLUTION #247 APPOINT ZONING BOARD OF APPEALS - Ann Everett Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED; that this Town Board appoint Ann Everett to the Zoning Board of Appeals replacing Joseph Jay term to expire December 1999. 2nd Supv Schug Roll call vote - Clp Grantham No Clp T. Hatfield Yes Clp C. Hatfield Yes Clp Roberts No Supv Schug Yes Letter of resignation from Claudia Brenner, Planning Board member. DISCUSSION Street lighting - Sherbore Drive - tabled decision Supv Schug - Park grant update - we want to make some changes in the grant and have spent about one half of what we are allowed. The town has been allowed to make the changes. Supv Schug - update of new road at Dr. Crispell dam is in place. Supv Schug - Atty Perkins was supposed to draft a resolution regarding the fire investigation team. The board approved money to purchase equipment for the fire team. Most of the equipment has been purchased and the team has been successful. Mark Bell requested a resolution be made regarding support for the fire investigation team. RESOLUTION #248 FIRE INVESTIGATION TEAM Clp T. Hatfield offered the following adoption; RESOLVED, that this Dryden Town Board the formation and maintenance for its Investigation Team and its ongoing of 2nd Clp C. Hatfield Roll call resolution and asked for its recognizes and appreciates ongoing efforts of the Fire forts. vote - all voting Yes i J • is RESOLUTION NO. 250 (1996) Councilman T. Hatfield offered the following resolution and asked for its adoption. WHEREAS, by Resolution No. 275 adopted December 12, 1995 the Town of Dryden adopted a formula which would partially exempt certain real property within the Town owned by persons sixty -five (65) years of age or over, and WHEREAS, certain amendments to the Real Property Tax Law have provided for the option to the Town to increase the income eligibility levels, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. Real property owned by one or more persons each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt by taxation by the Town of Dryden to the extent set forth in the following formula: 18,500 Percentage of Exemptio 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0 0% 0 2. Any exemption provided in this resolution shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. 3. The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. 4. No exemption shall be granted. (a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately Income Range Up to 18,500 181501- 191499.99 191500- 201499.99 201500- 211499.99 211500- 221399.99 22,400- 231299999 231300- 241199.99 241200- 251099999 251100- 251999.99 26,000- 26,899.99 26,900 and over Percentage of Exemptio 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0 0% 0 2. Any exemption provided in this resolution shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. 3. The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. 4. No exemption shall be granted. (a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately • preceding the date of making application for exemption exceeds the amounts set forth in the formula in this resolution. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment no depreciation shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income; (b) Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twelve (12) consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also • a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. In the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purpose of this section. Where a residence is sold and replaced with another within one (1) year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of this resolution. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provision of this resolution, the reacquisition of title by such owner or owners within nine (9) months of the date of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) • consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes r • vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine (9) months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months shall be deemed satisfied; (c) Unless the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; (d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving health - related care as an inpatient of a residential health care facility, as defined in Section 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined and income accruing to that person shall be income only to the extent that it exceeds the amount paid by such owner, spouse, or co -owner for care in the facility, and provided further, that during such confinement such property is not occupied by other than the spouse or co -owner of • such owner. 5. The Town shall notify or cause to be notified, each person owning residential real property in the Town of the provisions of this resolution. This may be met by a notice or legend set on or with each tax bill to such persons reading "You may be eligible for senior citizen tax exemptions. Senior citizens have until (month) (day) (year) to apply for such exemptions. For information please call or write ," followed by the name, telephone number and /or address of a person or department selected to explain the provisions of this resolution. Failure to notify, or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this resolution or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 6. Application for such exemption must be made by the owner, or all of the owners of the property, on forms prescribed by the Office of Real Property Services and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the taxable status date. . 7. At least sixty (60) days prior to the taxable status date, there shall be mailed to each person who was granted an aged exemption on the latest completed assessment roll an application i • form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Within three (3) days of the completion and filing of the tentative assessment roll, notice by mail shall be given to any applicant who has included with his application at least one self - addressed, pre -paid envelope, of the approval or denial of the application; provided, however, that upon the receipt and filing of the application there shall be sent by mail notification of receipt of the same to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial such notice shall be on a form prescribed by the State Board of Equalization and Assessment and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 8. Any conviction of having made any willful false statement in the application for such exemption, shall be punishable as set forth in Real Property Tax Law Section 467(7). 90 This resolution shall supersede and replace Resolution No. 275 (1995) adopted December 12, 19950 Seconded Councilman Roberts Roll call vote - all voting Yes E TB12 -10 -96 EE FINANCIAL REPORT - available to board members JUSTICE REPORT - board members have copies RESOLUTION #249 APPROVE ABSTRACT #112 Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #112 voucher #1161 to #1259 for a total of $196,889.60. 2nd Clp C. Hatfield Roll call vote - all voting Yes RESOLUTION #250 SENIOR CITIZEN AGED EXEMPTION Clp Roberts offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clp T. Hatfield Roll call vote - all voting Yes NEW BUSINESS Vacancy on Planning board Organizational meeting - January 2nd at 9 :OOAM Regular meeting - January 14th Adjourned: 10:45PM Susanne Lloyd Town Clerk q.5 anti Date: • To• From Sub. Dear Jim: November 4th, 1996 James Schug, Dryden Town Supervisor Henry M. Slater, Zoning & Building Code Enforcement Off. October 196 Building & Zoning Activity Report Building permits: During the month of October the 196, October our department issued 18 (1) There was one Fire Response during October. The George Junior Republic building permits which are Home described was accidently set as follows. during a A -1 Single Family Homes A new starts and on the scene (4) fighting (3) Double -wide, efforts held damage to a (1) Single -wide the frame (0) site built homes, dormer window. The (0) Modular Department A -1 Renovates, extensions by Dryden & personnel, repairs should receive a (4) done C -4.1 an outstanding Erect a private garage effort. & storage structures (4) C -7 Miscellaneous structures (2) C -3.1 Extend existing printing facility (1) C -2 Retail Lumber store facility (1) C -4.2 Lumber storage structure, accessory to store (2) Certificates of Occupancy and Compliance Certificate of Occupancy (7) Temporary Certificates of Occupancy (0) Certificate of Compliance (5) • public Inspections, Fire Safety Multiple Residence Facilities (0) Business Facilities (6) Home Day Care Facilities (0) Fire Investigations for the Month of October (1) There was one Fire Response during October. The George Junior Republic Directors Home was accidently set on fire during a hot roof repair. A quick response and on the scene fire fighting efforts held damage to a minimum, primarily the frame around a dormer window. The Freeville Fire Department assisted by Dryden Station personnel, should receive a well done for an outstanding effort. Update on Issues of Concern: Loeven Barn at 164 Dryden Harford Road The unsafe Loeven barn at 164 Dryden Harford Road, was under consideration for public demolition by public hearing at the October 8th Town Board meeting. The barn has not been stabilized but a building permit has been filed for demolition and repairs in conformance with the time schedules established during the October 8th public hearing. At this time, the potential new owner has asked that I not issue the appropriate permit until the closing • has occurred, scheduled for some time during the week of 11/11/960 October 196 Report Page Two • Ottenschot Property at 3 F I've heard no more conce issue. As you'll recall, Jr., 9 Freese Road, has in Ottenschot's alteration of experiencing minor flooding RMS Gravel Special. Permit Although I've received n concerning a completed app response from County Plann recommendations are attach You'll note County Plannin parallel those previously to the current, "incomplet reese Road ruing the ong the neighbor formed us that the area dra during some , South Mine, o further adv lication stat ing. A copy ed for your p g has several identified by e DEC Mining • CI Ding Ottenschot Freese Road down stream, Thomas Bossack ; as a result of inage patterns, Bossack is rain events. Mott Road isement from NYS DEC use I've received a of their 239 L &M roject file & information. concerns which seem to DEC which ultimately led Permit Application ". ZBA The ZBA Board of Appeals had no agenda in October and did not meet. Planning Board The Planning Board met to conduct a sketch conference for a proposed minor subdivision lot modification. Finding the proposal to conform to all applicable requirements, the board choose to hold a public hearing for the proposal at their November session. Site Plan Review & Special Permit Project Sheet Attached is a copy of our Site Plan Review, Special Permit tracking program. This will permit you to see how your special approval projects progress. Once a Site Plan Review or Special Permit project has been approved, it will appear on the appropriate sheet with the approval date listed. It will stay on the sheet adding milestone dates until occupancy when it will be removed. Very truly yours, W/.&3 Henry M. Slater Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members .Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney i I CI is • DEP James W. Hanson, Jr. Commissioner of Planning Mr. Henry Slater Zoning Officer Town of Dryden 65 East Main Street Dryden, NY 13053 G October 28, 1996 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 Application; RMS Gravel, Inc., Tax Parcel Numbers 35 -1 -45 35 -1 -55 35 -1 -65 38 -1 -23.2 and 38 -1 -24 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 Tompkins County Planning Department has determined that the proposal, as submitted, may have a significant deleterious impact on intercommunity, County, and State interests. This determination of `significant impact' is based on the potential for visual appearance and environmental impacts. Visual Appearance Many of the visual impacts from the proposed project cannot completely be mitigated, therefore the Department feels that the proposed project will have a significant visual impact on the rural landscape surrounding the site. Significant areas of the project site are visible from numerous locations throughout the town. In addition, the proposed operation will be visible to traffic along Route 38, a well - traveled route. In order to mitigate visual impacts on the area immediately surrounding the site, adequate and stable berms should be built on the perimeter of the site. Trees that provide adequate screening of the site should also be planted, particularly to help screen views of the project from Route 38. �� Recycled paper RMS Gravel, Inc. • Page 2 Environmental Impacts The Department also has concerns regarding potential environmental impacts resulting from the proposed project. There is no hydrological information provided about the proposed site. Without this information it is impossible to address any potentially significant impacts from the proposed project. However, since the proposed project could potentially both disrupt the existing ground water table and introduce pollutants into ground and surface water, there is concern regarding both water quantity and quality. The information needed to adequately address these types of concerns includes: depth to ground water table, information about the existing aquifers and information on the direction of surface and ground water flow. The Town should also be aware that there are significant natural resources in proximity to the site that could be negatively impacted by the proposed project. There are three Unique Natural Areas identified north of the site. They are Mud Creek Swamp, Woodwardia Woods and Woodwardia Bog. Additionally, Virgil Creek runs south of the site. Additional Concerns In addition to the concerns outlined above, the County Planning Department has a couple of comments that are unrelated to the determination of `significant impact'. • Appropriate sedimentation and erosion control measures should be implemented to help mitigate potential negative impacts from the project. • The Department is concerned with remediation of the existing RMS Gravel site since this site will be used to process material taken from the proposed project. Will there be any delay or changes in the remediation plan for the existing site since some processing activity will continue on the site? Other municipalities with gravel excavations have voiced concerns regarding noise from trucks backing up on excavation sites. The Department has heard about a new technology that activates a back up signal only when there is an object within 8 feet of the vehicle. The Town may consider suggesting that RMS Gravel look into using this type of technology on their vehicles. Should noise from trucks on the site become a problem, this technology could be a possible way of mitigating any negative impact. In order to make the berms surrounding the site more aesthetically pleasing, a mixture of wildflower seeds could be used with regular grass seed for planting on the berms. Thank you for the opportunity to comment on this project. Please inform us of your decision so that we can make it a part of the record. ;rely, :s Hans n, Jr. \I missioner of Planning I � � { � � \ 0 LUz Sao ED o ■ . � � ■ IL LU ¢L§ IL w2■ USS E & ILo E E k� E E E �q 2 � q �2 �004 LL aUz) 0 &S�& 2 ■ P/ 0 � 440 w Om mi � Q a L IL§ CL w« w » k k� 0- E kO ƒ) P, nA § � � 2 - 0 CL k k k 0 j \ c f a ) ) ) Sa E© 2 0 ± §E \ A) k # q o §2 L co ca ƒ ) CL a 7 ) ) ) ƒ k LR � § f wM Q= ) }ƒ §� »2 KE d8 § 0 f% RE $® E8 �§ �§ �2 Ems{ 02 77� ■2 k)§ 3k kkZ J§ f 2 � § ƒ) 0 o K to co $ o $ K co ■ y o § 2 . § 0) § § � ) a o . 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CL §� %g■ �§ �£ £ §_ - w� )_ �§§ $z \�2 2�§ §co &k2 aCQ �RJ �p co r2 vco E �_0: w_I aa2 oo - w � L r • LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town of Dryden, Tompkins County, New York, on the 8th day of October, 1996, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized Constitution. in referendum and violation of the provisions of the Such resolution was subject to a permissive the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. Dated: Dryden, New York, December J3 , 19960 0210706.01 Town Clerk i '.1L •` I ` ih\ I . { • • NOTICE OF PUBLIC HEARING OF PROPOSED TOWN OF DRYDEN RESOLUTION PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will hold a public hearing on a proposed resolution pursuant to Real Property Tax Law, Section 467 which will provide for senior citizen or aged exemptions based on income eligibility levels. Copies of the resolution are available at the Town Clerk's Office. The public hearing on the proposed resolution will be held at 7:30 P.M. prevailing time at the Town Hall, 65 East Main Street, Dryden, New York, on December 10, 1996, at which time interested parties will be heard. i Susanne Lloyd Town Clerk RESOLUTION DATED OCTOBER 8, 1996 • A RESOLUTION APPROPRIATING $41,000 OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF PREPARING A MAP, PLAN AND REPORT IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A NEW WATER DISTRICT IN SAID TOWN IN AN AREA OF SAID TOWN NOT INCLUDED WITHIN THE BOUNDARIES OF ANY EXISTING WATER DISTRICT OR INCORPORATED VILLAGE. WHEREAS, Section 209 -b of the Town Law authorizes any Town to adopt a resolution, subject to a permissive referendum, appropriating a specific amount of monies to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed improvement district not included within the boundaries of any existing water district or incorporated village; and • WHEREAS, it has been proposed to establish a new water district in said Town; and WHEREAS, it is now desired to appropriate monies of said Town to pay the cost of the preparation of a map, plan and report for said proposed new water district, in accordance with the provisions of Section 209 -b of the Town Law; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden, Tompkins County, New York, as follows. Section 1. There is hereby appropriated the sum of $41,000 of the Town of Dryden, Tompkins County, New York, to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed water district within said Town not included within the boundaries of an existing improvement district or incorporated village. Section 2. In the event that such water district shall be established by whatever name known, pursuant to the provisions of Article 12 -A of the Town Law, the expenses incurred by the Town of Dryden, Tompkins County, New York, for the preparation of such map, plan and report shall be deemed to be a part of the cost of the establishment of such water district and the monies appropriated hereby shall be reimbursed to said Town by said water district. Section 3. This resolution is adopted subject to a permissive referendum in accordance with Section 209 -b and Article 7 of the Town Law. • E