HomeMy WebLinkAbout1999-05-18TOWN OF DRYDEN
SPECLAL TOWN BOARD MZETLNFG
.16 MAY 18jp 1999
TB 5 -18 -99
The meeting was called to order at 7:35 p.m. by Supervisor Schug. Memberr and
guests participated in a. moment of silence followed by the pledge of allegiance.
Roll call by Town Clerk Bambi L. Hollenbeck proved the following in attendance; C1
Ronald Beck, C1 Thomas Hatfield, Ol Charles Hatfield, C1 Deb Grantham, and Supervisor
James Schug. Atty Perkins arzived later,
y + Y y Y y TA k6 9-Tel qq
Yal k Y 1 • ` DEY +ice
•
Supv Schug -This is throu& Tompkins County Better Hou&i gL Janie$ & Kristen
Brady are preen. It appears the cottage will be approximately 200 feet back from the road.
The tttage is for Air. Brady's parents.
O Slater � All the.paperwork is in order. I received a foundation.plan indicating that it
would be an easily removable foundation- r, & Mrs. Brady have signed the agmement with
the Town, giving the Town perrnixion to 7n.c# on reasonable notice, and agreeing to remove
the cottage when it is no longer necessary.
upv Schug - Inquired if there were any neighbors present who would like to speak in
regard to placement of the elder cottage and there were not., He stated that the elder cottages
are a great addition to the Townnr
Cl Grantham - Has the Health Department looked at the septic system?
O Slater - The BradYs have applied for a coinvemon permit. The documentation
originally submitted from Egner Associa tons showed they had done that. That is really an
administrative situau on that will be tared for when they apply for the building permit, which
will be the next step assn= g they receive approval here.
Bob Hunt, Better Housing - They do have the convferston permit.
Supv Schug - inquired about the number of additional cars there would be on the
premises.
1Vlr. Brady - His father drives and has one tar. He will be driving,, and parking at the
cottage.
O Slater - There is spot shoran on the map. (pointed out to board members)
Cl Grantham - Which location are you gorng to be using, there are two indicated,
Bob Hunt - The two locations are within five feet of each other. We need to be eert= of
the location of the water line first and then set the house_ ■
Cl T Hakfieki - inquired how many cottages are located in the C *unty.
Pige1of19
TB 5 -18 -99
Bole Hunt - We have two sited now and two more that are in thus stage of progress. We
went through a Board of Appeals hearing last week. The Town of LanS1119 because of the
zoning in the area we are putting the cottage in, requires no special hearing,
upv Sehtig - This is the second cottage in Dryden, the first one with Better Housing,
Cl Grantham - What is the conversion of the septic system.
Bob Hunt - The basic permit is a design for a new septic leach field and dispersion
trench based upon the addition of one bedroom to the house, which is hnw the health
department views these. If the present field fails as the result of the installation of the new
elder cottage then a new ,septic field would have to be installed. The design is already in place,
so you could-get a contractor and-go right to work. In the meantime, the existing system is
used,
O
Slater - They are designed so that in case of failure of
the present system, there is
room for it
to be there and
function consistent
with surrounding
neighbors wells' and so forth.
Supv Schug - inquired if there were any more questions and there were name.
Hearing closed at iAS p,m.
The Board reviewed and accepted the short form erLvixonmental assessment farm for the
Brady Elder Cottage application acid derermirwd there would be no adverse envitonmental
=pact (EAF retained in Zoning Office file).
RESOLUTION #123 - SEQR NEGATIVE DECLARATION - BRADY ELDER COTTAGE 0
Cl C HatSeld offered the following resolution and asked for its adoption;
RESOLVED, that this Town Board issue a negative declaration based on the SEQR
review for the elder cottage application of James & Kristen Brady. This is an unlisted E .ction
and the Town of 'Dryden is the lead agency in uncoordinated review. The supervisor is
authorized to sign all necessar_ y documents.
2nr° Cl Grantham
RoU Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
C1 Grantham Yes
Supt/ IS chug - Are there are restrictions we need to consider other than what is already
in law?
O Slater - The two biggest things are that they agree to remove the cartage within six
months of cease of use for whatever reason and the right of the Town to enter the premises
with reasonable notice for inspection. I would attach that along with th.e standard conditions
of approval, but they have already signed that agreement and returned a copy to me,
RESOLUTION #124 - APPROVE BRADY ELDER COTTAGE APPLICA'T'ION
Cl T Hatfield offered the following resolution and allied for its adoption.
Page 2 of 19
TB 5 -18 -99
RESOLVED, that this Town Board hereby approves the application of James and
Kristen Brady tn_place an elder cottage on their property at 1049 Peruville load_ The following
conditions apply.,
1_ Standard Conditions of Approval (9 -9 98) shall apply;
2. The cottage 4hall removed within six months of cease of use for whatever reason;
3. The Town of Dryden has the right to inspect the premises on reasonable notice,
2nd C1 T Hatfield
Roll Call Vote Cl Beck Yes
C1 T Hatfield yes
Cl C HatWd Yes
C1 Grantham Yes
PUBLIC HEA,RINO
JOE'S CHARIOT REPAIR
SPECIAL PERMIT RENEWAL
upv Schug opened the public hearing at 7L L50 p.m_ 'Tha applicant, Joseph Yeager, was
not present at the opening of the hearing, however the board began to take comment from Air,
Yea er's neighbors.
Clifford Maxwell - Has
no problem
with
this pernxit, as long as Mr. Yeager will root be
staying permanently. This was
supposed
to be
a teruporary
situation.
Cl Grantham - He is asking now for a permanent permit.
C
Maxwell -'This was
supposed
to be for a couple of years until he established his
business
and he could find
somewhere
else to go_
O $later � That is not what the condition they put on it said. It says that he has to
reapply in three years,
Maxwell -- He said that if he had enough biumess within this time lixmt that he would
find another place_ This is what he told me.
I1+1r, & Mrs. Carl Tripp - This was also their understanding, They thought he would be
there for three years and t1wn be gone,
ZO Slater - His condition said he had to reapply in three years.
1 Grantham - It was based on there being no complaints from the neighbors basically.
C Maxwell - He cured every onmplaint we had to start with, but the understanding we
had through this whole deal was that he would be there for three gears, until he could find a
place to go to. Whether he is looking for another place for his business or what, I don't know.
I don't want to have this thing caning up every three years.
O Slater - He did not indicate to me that he was looking far some_place else_ His
application currently as1m for permanent certification,
Joe Yeager arrived.
Ngc3of19
TB 5-i$ -99
Cl
T Hatfield �
As I
recall, we asked hire to come back iu three years to make sure the
neighbors
didn't have
any
problem
with noise, etc. 0
C Maxwell - He cured all the problems. A lb x 8 fence
the noise. He carp work outside and we d.on't hear it. My wife
bedroom window faces the garage. There is no problem there.
up and he is doing what he was asked to do. My and erstandi
there permanently,
has made a big difference with
sleeps during the day and the
He is keeping his mess cleaned
ag was that he would not stay
.O Slater - There was certainly discussion about the size of the site, keeping the area
looking like a residential area, etc,
Mr& Tripp - He has quite a few cars sitting out there.
Mr. Tripp � He's busy_ It seems d= he would want a bigger place than he has,
Cl
Grantham -
It does say in the
minutes
that his plans are
to get the business started
to see if it
would work
not. His hopes are to only
be there for three
years.
C Maxwell - I don't want to be Coming back every three for this. Ill 91 him a leeway
this time, but next time I won't, After six years he should have something established. He
does some good work. All body work.
Supv Schug - I've driven by. It looks like a pretty small plane.
C Maxwell - It is a one -man operation_
Cl Grantham
- Spedficalty,
what
is your objection?
C Maxwell - I
don't want it
there
permanently,
Mrs. Tripp - It's a residwi iW section. We understood that he would be there for a while
and them look for a place for his business other than there.
Cl Beck - What were the original conditions?
O Slater - That he could not have -more than three cars at any one time, that he
should keep the plate cleanned up, and that he wood have to reapply in three }Fears. The three
years were up in March and this was the soonest we could get it scheduled,
Jae Yeager - It takes time to establish a business. I am not orWnally from New York, I
moved here frnm Ohio. I had a good reputation there, and it takes time to do it_ I made
$10,000 last. year and have invested in ventilation systems and a number of thing* to prepare
the smaE shop that I have, It's a one car deal, I continue to_put money.into it to keel it safe
for me to work in the place. I'd like to be able to move, but I could not go rent a building at
this time. Hopefully it will get to a point w1wze I can expand., but right now I Am not at that
place,
upv Sch - You are not plarming on expanding there are you?
J Yeager - It's hard to say. There are different ways to expand. I don't intend to hire a
bunch of people and have a full blown operation. Right now I have to set the cars out of the
shop. If I have two cars I have to put one out itx the weather and let it set, I don't intend to
have a ten bay garage, but to some degree, I would like to be able to pull cars out of the
weather_ 0
Pale4of19
T13 5 -18 -99
® ZO Slater - He would have to stay within the bounds of what the ordinance describes as
a home occupation.
Supv Schug - I think his neighbors are saying if he goes to a two car garage he should
do it somewhere else.
ZO Slater - There is also a letter of support from one of his neighbors.
Joe Yeager - I did not go out and try to get any help. I wasn't aware that there was a
problem. I thought it was just routine stuff, but if you like I could come to the next meeting
and have support with me.
Supv Schug - You have support. We have a note from the Kramers supporting your
getting an extension or another agreement.
C Maxwell - I don't mind him getting an extension this time, but I don't want to come
here every three years. Give him an extension and say that's it. In six years he should have
established something.
Cl Beck - By law you can't put a time limit on it if he is complying with the rules. You
can't say you can just do it for three years.
ZO Slater - Mr. Yeager is the only person I know of currently that has a limited special
permit approval that has been through this board.
Cl C Hatfield - According to the Zoning Ordinance he fits in there under home
® occupation.
Cl Beck - You are saying that he could apply for a building permit to add a bay and hire
a person and still fit within the zoning regs?
ZO Slater - He would have to come back before the board to make any changes.
Atty Perkins - Because the facts are that at the time of his application it is a one car
operation. That is the proposal that is before the Board. That is the knowledge and facts that
the Board has to deal with. If he proposes something more, then there has to be a hearing on
that project.
Supv Schug - Two of the neighbors have the same idea and it was verified by the
minutes, that Joe within the first three years would be looking for a place to go. If we give him
another three years to operate where he is and then ask him to be gone, does that satisfy the
neighbors?
C Maxwell - Yes.
J Yeager - Indicated that he is not certain he can do that. Does not feel small business
is encouraged in New York,
ZO Slater - indicated that he could have a commercial garage by special permit.
Cl C Hatfield - No other home occupancy business has a deadline on it. He said he was
hoping to be able to do something else, but according to him he hasn't gotten to that point yet.
OSupv Schug - So the neighbors are saying they'll give him another three years.
Page 5 of 19
TB 5 -18 -99
J Yeager - Some of the neighbors. Immediate neighbors would indicate support of this
business.
Cl C Hatfield - I don't think he has to do this.
C Maxwell - Does not want the business there permanently.
Cl T Hatfield
- You wanted the
fence installed
because of the noise issue and your wife
working nights.
We
took
ought to be
that
to
heart
and
took
care
of it.
C Maxwell - What
if he enlarges. Then you've got more
people, more noise. He doesn't
make that much noise by
himself. I have no
complaints about
that. He
ought to be
established in a total of six years, but with a
one car garage, I'm not sure
he can do it.
J Yeager - There are chain saws and lawn mowers in the neighbors.
C Maxwell - Mine run after my wife gets up.
Cl C Hatfield - Joe probably hears it. I think one hand washes the other. He has, by
law, a right to run that business there. I don't think the neighbors should run him out. Like
he said, last time he had a lot of support here.
C Maxwell - I was the only one who complained, because my wife couldn't sleep
because she works nights.
Cl T Hatfield - I remember that clearly. Joe was willing to accommodate you and has.
C Maxwell - And it was only supposed to be for three years.
Cl C Hatfield - He said he hoped to be able to do something else in three years, not that
he was going to.
Supv Schug - And now Mr. Maxwell is saying let's give him another three years.
Cl C Hatfield - Yes, and I
wonder if we
need a
limit on it for three years.
I have no
problem with three years, but it
seems funny
that he
is the only one we ever did
this to.
Cl Beck - My opinion is if he expands he has to come back for a hearing anyway and
then it could be a different story. I think it shows unfair partiality toput a three year
restriction on something that seemingly complies at the outset. I don't agree with telling a man
that he has a temporary business and has to shut it down in three years.
ZO Slater - If he expands his facility in any way he has to come back for further
approval.
Cl Grantham - This is a commercial garage, otherwise he would not need a special
permit.
ZO Slater - You're right. No EAF is required, it is exempt under 6 NYCRR 617.5 -c -26,
renewal of an existing permit.
Cl Grantham - Feels that the concerns that neighbors brought up when this was first
approved were all met and she does not remember and cannot find in the minutes anything
that was not met. Can find no reason not to do this.
Page 6 of 19
TB 548 -' 9
Cl T Hatfield � That is his recollection as well. We put a three year limit on this because
of Wir. Maxwell's concerns, If he expands to more than a one car business, he has to tome
back.
effect.
O Slater - ReMn = ends that we use the standard conditions of approval currently in
Hearing closed at 8:15 p.m.
REWLUTION 01 $ - APPROVE SPECIAL. PERMIT FOR
JOE'S CHARIOT REPAIR
Cl T Hatfield offered the following resolution and asked for its adoption;
RESOLVED, that this Town Board approve the application of Joe Yeager d f b f a Joe's
Chariot Repair to operate an autobody repair shop at 119 Mill Street, Subject to the following
conditions:
(1) Must have all required perzuits, DEC, state, eft,
(2) Hour of operation shall, be Monday through Saturday, 9:00 a.m. to 6:00 p. m,;
(3) Current owner only,
(4) Maximum of 3 cars on site being repa;Ted at any one tide;
(5) All trash, including used automotive parts, etc, generated will be moved on a
weekly basis;
(6) Standard Cconditiorts of Approval_(9 -9 -98) shall apply.
' Rd C1 BeCk
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
PUBLIC HEARING
SITE PLAN MODIFICATION
281 DEVELOPMENT CORP.
Supv $chug opened the public hearing at 8:16 p_tn, Ezra Cornell, representing 281
Development Corp. painted out on the survey neap the-portion of the premises which they
would like to rent to Thayer AppEance,
$upvv Schug - A portion of the building will be rented to Thayer for storage?
E Cornell - Ba!nically the whale thing, 8,750 square feet. We don't thin* well be using
I The last time I vies there, there was a little bit of furniture in it that was Hors.
$upv Schug -There is no heat in there and Thayer is going to store new equipment in
cardboard boxes in there. We need to be sure that the cardboard is disposed of prope-rlp.
E Cornell , Would be happy to put into the lease that they cannot leave on premmses
any used appliances, pauets or boxes, especially outside.
Pap 7of19
TB 5 -18 -99
E Cornell - Right now it appears that it will be a one -year Iease. There may be rental
appliances in there as well.
1 T Hatfield - This is warehousing only, not a sales location?
E Cornell - Right.
Supv Schug - And it won't be a junkyard either. I see you might lose Cornell Vending.
E
Cornell -
Yes, we
are. They are out of business_ They have made a deal with Pepsi
(Benicor
Corp.} to
run the
and sewer.
business out of Elmira_
Supv Schug - That's too bad. hoes anyone else have questions. They will be using it
for a storage facility. That is what it was built fox. They have done a nice Job keeping the yard
up and it looks nice,
E Cornell -We know we will
be coming back
to you With a proposal on a
new tenant for
the Cornell Vending building, Feels
they could do a
better job if they had water
and sewer.
Urged a feasi ility study be done. We could put in a well_ There is septic at the
re-tec buiWing,
Supv Schug-We are looking apt it, It would be cost prohibitive for you to do it yourself.
E Cornell - liar been contacted by a high -tee firm about theornekl Vending building,
Vat they tend to get discouraged when they find out there is no water and ,sewer. They want
municipal water and sever_
Public Hearing closed at 8:27 p,m,
O Slater - This matter is exempt from SEQ R review because it is a like use.
Supv Schug - Explained that in an MA Dine any change in uti&ation of tenants has to
be brought to us for approval.
ZO $later - You should add no outside storage of appliances acrd /or trash.
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Towns Board hereby approves the application of 281 Development
Corp, to raodify their existing approval to include a lease with Thayer Appliance as a tenant in
the building at ].1 Hall load, said tenant shall not store trash, appliances (new or used), or
other debris outside the building,
2nd Gl C Hatfield.
Roll Gall Vote
I Beck
Cl T Hatfield
Cl G Ratfield
Cl GrantbAm
Yes
Yes
Yes
Yea
Pago K of 19
TB 5 -18-99
PUBLIC HEARING
® APPLICATION OF SHARON MCGEAN
FOR HOME OCCUPATION BUSINESS
Supv Schug opened the public hearing at 8:28 p.m. and explained that this application
by Sharon McGean was to operate a home beauty shop occupation in her home at 151 Etna
Road. The exact location of the property was discussed. This will be a part time business as
she teaches full time at the girls' school in Lansing. Jeffrey Horton, the homeowner's carpenter
performing the necessary renovation, was present representing Ms. McGean.
Cl C Hatfield - The building sits well back from the road.
The board reviewed the application. The building will be handicapped accessible.
ZO Slater - asked Mr. Horton if he had heard from Jennifer Hickey of the Health
Department, and was told that she had given Mr. Horton oral confirmation and would be
sending a letter.
Supv Schug - inquired whether Ms. McGean has her beautician's license.
ZO Slater - She says she has and will be sending a copy of it. The business may not
occupy more than 25% of the floor space area or not 500' by building code. It is 143 square
feet of shop so is well within the parameters.
Cl Grantham - How much increased water use will there be? This is a private well.
J Horton - She will be doing approximately ten customers per week. There have been
® no problems with the well to his knowledge.
Supv Schug - Does not believe she will be using a lot of water.
Cl Grantham - Wondered about the chemicals being put into the septic system.
ZO Slater - The Health Department has looked at the project, and Ms. McGean has
stated that everything she uses is biodegradable and that it is basically required now that you
do that. The Health Department is aware of the project and has verbally stated that they will
approve it.
Supv Schug inquired if there were any more questions and there were none.
Public hearing closed at 8:40 p.m.
The Board then reviewed the short environmental assessment form and accepted it as
presented.
RESOLUTION # 127 - SEQR NEGATIVE DECLARATION - S MCGEAN
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board issue a negative declaration based on the SEQR
review for Sharon McGean's application to have a beauty shop in her home at 151 Etna Road.
This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review.
O The supervisor is authorized to sign all necessary documents.
2nd Cl Beck
Page 9 of 19
TB 5-18 -99
Roll Call Vote Cl Beck Yes •
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
RESOLUTION #128 - APPROVE MCGEAN SPECIAL PERMIT
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board approve the special permit application of Sharon
McLean to operate a beauty shop in her home at 151 Etna Road, subject to the Standard
Conditions of Approval (9- 9 -98).
2nd Cl C Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
ZO Slater explained that James Brown of AAA Cleaning has contacted him. Mr. Brown
has noticed that the carpet in the meeting room needs cleaning. He has offered to do that free
of charge and as a training exercise for his employees. After discussion the Board decided that
it would be fine if Mr. Brown used the carpet in the meeting room as a training exercise for his
employees.
Atty Perkins has prepared an agreement with Vesia Hillman to hook into the water and
sewer district. She has agreed to pay the necessary costs as originally explained to her. The
agreement was signed by board members and returned to Mr. Perkins.
Supv Schug asked if the board members had had a chance to review Cl T Hatfield's
memo regarding changing the time and structure of the board meetings. After discussion, it
was decided to begin the meetings at 6:30 p.m. with the first half hour reserved for public
comment. Public hearings will be scheduled within the board meeting.
Supv Schug remarked that we would limit the public portion to one -half hour, then take
care of business, and if necessary hear more comments at the end.
Cl T Hatfield - We aren't being fair to taxpayers if we are conducting business beginning
at 10:00 P.M.
Cl Grantham - Is willing to try this as long as we can go back to citizens-privilege of the
floor later in the meeting. We could also schedule all the special permit hearings on a different
night than the business meeting. Even when those are limited to three on a board meeting
night, that takes up a minimum of 45 minutes. Perhaps they should always be on a separate
night.
Cl Beck - is not in favor of all public hearings being scheduled on a different night.
Supv Schug - Beginning with the June 8 meeting we will begin Town Board meetings at
6:30 p.m. The Omnipoint hearings are June 1 at 7:30 p.m.
Page 10 of 19
TB 5 -1849
Cl C Hatfield explained the information he received from the Bailey Agency regarding
the Town's umbrella coverage. Currently
that provides an additional $1,000,000 coverage
® above the basic
policy. Cost
to increase the umbrella is as follows:
Increase
umbrella to
$2,000,000:
$1,500
Increase
umbrella to
$3,000,000:
$2,400
Increase
umbrella to
$4,000,000:
$2,850
Increase
umbrella to
$5,000,000:
$33150
The board then discussed the current policy limits and advantages of increasing the
umbrella coverage. Increasing the umbrella to five million will bring the total cost of the Town's
liability insurance to just under $40,000.00.
RESOLUTION # 129 - INCREASE UMBRELLA COVERAGE TO $S MILLION
Cl Beck offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby agrees to increase the umbrella coverage
portion of the Town's liability insurance to $5,000,000 at a cost of $3,150.00.
2nd Cl T Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
Supv Schug - With respect to the Code of Ethics, the board has been provided with a
copy of our current policy. Please review it and we can discuss it at next month's meeting.
You have received copies of memos from Deb regarding trees. Deb, do you want to discuss
that?
Cl Grantham - I'm just trying to demonstrate that they have value. I think we need to
make sure that people get to have something to say about it.
Cl C Hatfield - The Town gets to have something to say about it if they are in the road
right of way.
Supv Schug - I think we're talking about when people put in subdivisions like Mark
Stevens did and they remove every tree. We have no regulations against denuding a hill or for
subdivisions. There are two things we need to do. We need to get Mahlon going on the zoning
ordinance and Henry wanted to add a couple of things. One is that there needs to be a permit
for over a certain limit of fill.
XRX���
Supv Schug - And the same thing with cutting trees. Any tree over 12" in diameter or
100 years old or what?
Cl Grantham - I don't want to be that arbitrary. I'm seeing the things that other
communities are doing in terms of their subdivision planning where they are requni ing space to
buffer around the subdivision, for situations like Peregrine Hollow where the houses are closer
together. It's the same amount of property but there is less road on it, there is less driveway.
Houses are closer together so the whole infrastructure is less expensive, plus there is some
buffering around it. I think that we should start building that kind of objective into our
planning. There is a number of reasons for it. I'm just saying that we should think about
these kind of things. We spend a lot of money on highways and roads and subdivisions put a
Page 11 of 19
TB 5413 -99
lot of impervious service into an area and then we start having flooding problems like on Yellow
Barn Road, that has to do with that. 'Oii'hat happens in places like Yellow Barn Road is that
everyone wants their swimming pool right against the stream and when the stream erodes for
natural reasons, they want us to do something about it. Maybe we should have set backs
along streams to protect the landowner and the stream. There is someone on Sunset Circle
whose septic is in danger of being eroded away. If that happens and starts dumping raw
sewage into Fall Creek, then there is a drinking water supply that is contaminated. I'm just
going to be throwing stuff like that out. I think we need to look pretty methodically at our
master plan and our zoning with those kinds of things in mind.
Supv Schug - That is something we should talk about with the Planning Board when we
sit down with them.
Cl Grantham - The call for grants for federal highway administration money is out. I
was thinking of the railroad bed trails and this might be an opportunity to apply for money for
that.
Supv Schug - You have in front of you a proposed resolution to appropriate $6,000 for
the cost of preparing a map, plan and report for the Hanshaw Road Water District. This is
subject to permissive referendum. We can pass this tonight and it is subject to permissive
referendum for a month.
Cl Grantham - Where on Hanshaw Road will it be?
Supv Schug - It will probably be from Sapsucker Woods down, across and out
Hanshaw, past where the DOT building is, and Dave will prepare an option going on up to the
next trailer park, so we will encompass two trailer parks, Schwan's (which is already in serious
trouble) and the one further out (past Neimi Road). With water and sewer they can then
expand. That will give them water two ways, through the Sapsucker Woods tank and also
looped around from the NYSEG tank, so the section wouldn't be isolated. There are only two
buildings presently served in the are, Guthrie as an out of district user, and Cayuga Press
which was in the original district.
Cl C Hatfield - So this will bring all of Hanshaw into the district.
Supv Schug - All the way out to the second trailer park.
The Board then discussed the way in which the district would be hooked up and where
the lines would be (tentative at this point). Passing of the resolutions is subject to permissive
referendum, and will be published and posted. The public has 30 days from today to do a
permissive referendum. This makes money available that has not been appropriated so far to
pay the cost of the preparation of the map, plan and report. When a map, plan and report has
been received that recommends specific boundaries we will set a public hearing.
RESOLUTION #130 - RESOLUTION APPROPRIATING $69000.0® 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, SUCH NEW
WATER DISTRICT PROPOSED TO BE KNOWN AS THE HANSHAW ROAD
WATER DISTRICT .
Cl Beck offered the following resolution and asked for its adoption:
Page 12 of 19
TB 5 -18 -99
® 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, said
water district proposed to be known as the Hanshaw Road Water District; and
WHEREAS, it is now desired to appropriate monies of said Town of Dryden to pay the
cost of the preparation of a map, plan and report for said proposed Hanshaw Road Water
District of said Town, 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 $6.,000.00 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 any existing improvement district or incorporated village, said water district
proposed to be known as the Hanshaw Road Water District.
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 the 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 the 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.
2nd Cl T Hatfield
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call which resulted as follows:
Supv James F. Schug
Cl Charles Hatfield
Cl Thomas Hatfield
Cl Deborah Grantham
Cl Ronald Beck
VOTING
Aye
VOTING
Aye
VOTING
Aye
VOTING
Aye
VOTING
Aye
The resolution was thereupon declared duly adopted.
Supv Schug - We now need a resolution to do a map, plan and report for the proposed
Hanshaw Road Sewer District. The difference is that the sewer will tie in to the existing sewer
line which comes down past Cayuga Press and the Armory, because the sewer line on the other
side of Route 13 will cross down at Pinckney Road. The line will cut kitty corner from Etna
Road down below Schwan's trailer park. The other people on Hanshaw Road can also be
served by running a separate line for a ways starting at the trader park.
Cl Grantham - Why does water cost more than sewer?
Page 13 of 19
T8 5- 18-99
Supv Schug -The water is going further and a different route. That is the way the
engineers esdinared it_
RESOLUTION #131 - A RESOLUTION APPROPRIATING $4,75O.OD OF THE
TOWN OF >DRYDEN, TOMPKINS COUNTY, NEW YORKF TO PAY THE COST
OF PREPARING A MAP, PLAN AND REPORT IN CONNECTION WITH THE
PROPOSED ESTABLISHMENT OF A NEW SEWER DII15TRICT IN SAID TOWN
IN AN AREA OF SAID TOWN NOT INCLUDED WITHIN THE BOUNDARIES OF
ANY EXISTING ,SILVER DISTRICT OR INCORPORATED VILLAGE, SUCH NEW
SEWER DISTRICT PROPOSED TO BE KNOWN AS THE HANSHAW ROAD
SEWER DIit3'Y`RICT&
Cl Grantham offered the following resolution and asked for its adoption.
WHEREAS, Section 209 -h of the Town Law autborizes any Town to adopt a resolution,
subject to a pertriissive referendum, appropriatixig a specific amuril of vxonica to pay the cost
of preparing a map, Flan and report in connectinrt with the establxahment of a. proposed
unprovement district not included within the boundaries of any existing sewer district or
incorporated Village; and
WHEREAS, it has been proposed to establish a new sewer district in said Town_, said
sewer district proposed to be known as the Hanshaw Road Sewer District; and
WHEREAS, it is now desired to appropriate monies of said Town of Dryden to pay the
cost of the preparation of a map, plan and report for said proposed Hanshaw Road Sever
District of said Town, in accordance with the pr4�risicrrts of Section 209 -b of the Tnwn Law;
NOW, THEREFORE, BE IT
RESOLVE, D. by the To m Board of the Town of Dryden, ' ot4plans County{ New York as
follows;
Section 1. There is hereby appropriated the swn of $4,750_00 of the Town of Dryden,
Tompkins County, New York, to pay the cost of preparing a map, plan and report 'n connection
with the establishment of a proposed sewer district within said Town not included within the
boundaries of any existing itaprovement district or incorporated village, said sewer district
proposed to be Down as the Hanshaw Road Sewer District.
Section In the event that such Sewer District shall be established, by whatever name
renown, pursuant to the provisions of Article 1 -A of the Town Law, the expees incurred by
the Town of Dryden, Tompkns County, New York, for the preparation of the map, plan and
report shall he deemed to be a part of the cost of the establishment of such Sewer District and
the monies appropriated hereby shall be reimbursed to said Town by the Sewer District.
Section 5. This resolution is adopted subject to a permissive referendum in accordance
with Section 209-b and Article 7 of the Town Law,
2nd Cl C HatTeld
The question of the adoptiw of the foregoing resolution was duly _put to a vote on roll
call which resulted as follows.
Supv James F, Schug
VOTING
Aye
C1
Charles Hatfield
VOTING
Aye
Cl
Thomas Hatfield
VGTIPIcy
A3Fe
Cl
Deborah Grantharu
'VOTING
Aye
C1
Ronald Beck
VOTING
Aye
Page 14 of 19
TB 5 -18 -99
® The resolution was thereupon declared duly adopted.
Supv Schug asked Attorney Perkins about the status of Telergy. Atty Perkins has
spoken with Dick Comi and Rusty Monroe last week. They conferred briefly and Atty Perkins
expects to have something to the board next week.
ZO Slater reported on the status of the Ottenschott Freese Road matter. June 1 was
the deadline to complete all special permit mitigation conditions. He visited the site on Friday.
They have completed the two mounds and we looked at the plantings that will have to go along
Freese Road. The plan calls for the trees to be planted outside the fence, and the fence is in
the wrong place and if the trees are planted according to the plan, they will be on the shoulder
of the road. In short, the plan needs to be revised and ZO Slater suggested he consider
culverting the entire stretch from 366 to the existing culvert. Mr. Ottenschott does not feel he
can afford the culvert pipe and has an alternative suggestion. He would like one and half years
to accomplish that, or that the Town and State collectively put the culvert in and somebody will
plant trees on top of it.
Cl Beck - What was the matter with the engineering that the fence and trees did not fit
in the space?
ZO Slater - His engineer designed the plan and we all looked at it. The fence is shown
as being right at the edge of the road right of way. 25' puts the trees right dead in the middle
of the sluiceway (he calls it swale). The trees presently there will die eventually because the
roots are exposed and the only thing holding them up is the backside of them.
® Supv Schug - I don't want to give him any more than one year to put the culvert in and
put the trees in. Let him do all the other stuff and then put the culvert in within a year and get
the trees earlier and do it in 9 months. Now the guy is saying its too late to put trees in.
ZO Slater - That doesn't preclude him from buying nursery stock. He's talking about
digging up new trees. My opinion is that whatever he plants there will not live because there is
no soil content to maintain the root system. I also believe that the trees that are there when
they are fully leaved do probably contribute significantly to noise and dust mitigation and some
attempt to save them should be made. The four foot pine trees are going to do nothing until
they get some height.
Supv Schug - Suggested we give them one year or ten months to get the culverts and
trees in place along Freese Road. All the rest of the buffering trees should go in this year. He
needs to understand that he has to maintain the trees he puts in. If he puts in 50 trees, all 50
trees must live or be replaced.
Cl Grantham - He's talking about putting in a culvert and planting the trees on top of
it. Is that wise?
ZO Slater - The culvert will be at least four feet underground. I did check his prices
and if you use the plastic pipe (which if properly installed should never be a problem again).
The cost is $250 to $275 per 21' section. It will cost him $1,000. He has the material, he just
doesn't have a pipe. If the project is so valuable, I would think he could find $1,000. He needs
at least one drop - inlet, because there is a certain amount of water that will wash off from
Freese Road and it has to have someplace to drain besides into Bossack's yard.
0 Atty Perkins - Shouldn't this whole thing be engineered?
Page 15 of 19
TB 5 -18 -99
Cl Grantham - I think so. The whole idea of planting trees over a culvert is kind of
questionable.
Cl T Hatfield - We need to give him a series of deadlines. If we are going to let him off
the hook on this because it makes sense to, the next step of this process is to have his engineer
submit plans to our engineer. We need to do this by July 1s'.
After discussion it was
decided that Mr.
Ottenshott will be told
to have his engineer get
plans us by July 1 so that our
engineer could review the plan prior to
our July meeting.
Cl Beck - And we need to have him comply with everything else that does not have to do
with this culvert.
ZO Slater - recommends that it be specified that the trees be 10' apart on center.
Spacing was not previously specified.
Cl Grantham - Even if he gets us a plan by July 1, he is still in violation of his special
permit.
Cl
T Hatfield - The only
u y
we can do this is if we
let him off the hook on that one
condition.
We have to be Ladling
to
let him have until July
1; it doesn't make any sense to hold
his feet to
the fire on this one.
The
site is not conducive to what we've agreed to.
Cl Grantham - He had last Fall to do it. Every time this happens with a special permit
we let people off the hook. Why should we let him continue operating until he gets us the
changes and we agree to the changes. We can let him off the hook for the deadline, but we
should not let him off the hook for operating.
Cl C Hatfield - Does he have his gates in?
ZO Slater - Yes, he did all that. We put him on a stop work order for seven days, but he
got it done.
Cl Beck - I
think
it's
a planned delay
tactic, like Deb says. He waits until the end of the
window and then he
finds a
reason why he can't
possibly get it done.
ZO Slater - He waits till the end of the window, but his own poor judgement gets him
into these problems. If he'd had some forethought a year ago, he would have looked at this and
known it would not work.
Cl Beck - Can we shut him down until this is properly engineered and installed?
ZO Slater - After June 1.
C1 T Hatfield - But then all he has to do is put some trees in that probably aren't.going
to live. That doesn't make any sense to me. I agree with what you are saving, Deb, the guy
needs absolute management every step of the way. We let him off the hook for June 1, but its
only till July 1, and only will we extend it beyond that if he has an engineer's report that been
in to Dave and in our hands. Otherwise the shut him down July 8. If we can save part of those
trees along Freese Road and Freese Road with the proper plan, then we need to do that, rather
than force him to do something just to comply because we want to beat him up. It doesn't
make any sense to me.
Supv Schug - Is the fence put up improperly?
Page 16 of 19
TB 5 -18 -99
0 ZO Slater - No, it is fine.
Supv Schug - Is it our fault that it is too close to the road?
ZO Slater - I think we need to take some of the blame because we didn't say it was in
the wrong place.
Some board members have seen the fence and state that it appears the fence is
attached to the trees in places and does not look very good. Someone should have picked up
on the fact that the fence was located in the wrong spot. The Highway Department said it is
not a problem where it is.
Atty Perkins - that in order to protect the town we need to point it out to Ottenschot in
writing, that it is in the right of way and at some point in the future it may need to be moved.
ZO Slater - We can always tell him that once he finishes his culvert work that the fence
will be installed in the correct place, at the edge of the road right of way.
Cl Grantham - So we are going to tell him that he is to have everything finished that is
not related to this culvert by June 1, and that he is going to have to have plans to Dave
Putnam by July 1 for the rest of it in order to continue working, and you are going to write him
a letter and tell him that his fence is in the right of way and that it will be moved to the edge of
the right of way after the culvert work is done.
ZO Slater - The original plan shows the trees being planted outside of the fence and
that would put them in the road right of way, but we all saw that.
Supv Schug - We don't want the fence or the trees in our right of way.
ZO Slater - So the fence should probably be ten feet off the right of way and the trees
planted at least five feet off the right of way so that when they grow they have room.
Cl T Hatfield - And he should have appropriate soil for the trees.
Cl Beck - What happens if he submits the plans and they aren't acceptable?
ZO Slater - Then the stop work order goes into effect.
Cl Beck - We can stop him right then?
ZO Slater - Yes. And you are basically willing to give him a year to complete an
approved plan?
Atty Perkins - Leave that open for the time being.
Ottenschot is to get a sensible plan to Dave by the first of July. If the plan is acceptable
then we will talk about the length of time for completion. The Town will not provide culvert
pipe —that is his responsibility.
Supv Schug - The recreation agreement between the Town of Dryden, Tompkins County
and the City is coming to an end at the end of this year. It is currently being renegotiated and
that committee is moving along, but may not have a new agreement in place by the end of the
O year. They were wondering if we would be willing to continue for another year at the same rate
and conditions as this year. The Board indicated a willingness to do this.
Page 17 of 19
TB 5 -18 -99
Supv Schug - We have received a questionnaire from a senator about home rule laws
being filed with the secretary of state. He is asking if we should keep filing these, electronically
or not, with the secretary of state, or should we discontinue this filing. I think we need a
central depository.
Atty Perkins - Absolutely.
The Board agreed with this.
Supv Schug - We.put the John Deere tractor /mower out to bid for no less than $4,000.
We have received a high bid of $4,787. That is $787 more than we paid for it and we used it
for three years. We have three bids, from McFall Builders, Case, and Derrick Laine. Laine's
bid was $4,787.00
RESOLUTION 0132 - ACCEPT HIGH BID FOR JOHN DEERE MOWER
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board accept the high bid received from Derrick Laine in
the amount of $4,787.00 for the John Deere mower, and the Supervisor is hereby authorized to
execute whatever documents are necessary to effect the transfer.
2nd Cl Beck
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
CI C Hatfield Yes
Cl Grantham Yes
The Board discussed whether to put the question of having an appointed Highway
Superintendent's on the ballot again this year. The vote was closer than expected last Fall.
The advantage this year is that there are three people on the board who will be running and it
will offer more opportunity to speak to the public regarding it. Because Don Gilbert is no
longer Superintendent it takes away the personal issue, but there will be confusion because. at
the same time it is on the ballot, there will be an election for highway superintendent.
Atty Perkins - In the event the local law establishing the office as an appointive office is
approved, then as soon as that is approved the office becomes vacant. You could appoint
someone immediately. The election for Highway Superintendent would be nullified.
Cl T Hatfield - I think that people responded to the issues on the workers comp and
disability. I think they understood it better than they ever did before. The personality issue is
out of the way. People who may have felt they were voting against Gilly, now won't be faced
with that.
Cl C Hatfield - I agree with the philosophy, but if they vote on appointing theyll wonder
why they are voting for a person.
Cl Beck -
They
have to make two
decisions: Yeah, I want it appointed, but if that goes
down, then here
is the
guy that I want to
elect.
A special election was suggested, but would be costly. Turnout was questionable. It
would have to be on the November ballot. The public will need to aware that if the question
passed, the election for Highway Superintendent would be nullified.
Page 18 of 19
TB 5 -18 -99
Atty Perkins - One thing that is true this year and may never happen again is that you
® don't have an incumbent Highway Superintendent because no one has been appointed. You
are not throwing someone out of the office. Any other time that you have that question, people
are going to be voting on whether to throw the incumbent out.
Supv Schug - The
other thing you
have going for you, too, is that
you only pay a
Highway Superintendent
$6,000 per year.
So it might be a good time to
do that.
Atty Perkins - When you have decided what you are going to do, youll need to pass a
resolution. There are some timing issues so IU need to know as early as possible. If you adopt
the local law too early, then you are into a special election as opposed to being able to put it on
the November ballot. (Will let us know June 1 about the critical dates.)
Cl T Hatfield - Ron and I had a highway committee meeting this morning with Jack and
Mark, basically to address the issues that Peggy Walbridge brought to us. They had met with
both Peggy and the neighbor that Peggy was concerned about. They are going to schedule a
meeting with Peggy and neighbors to bring everybody up to speed and accept input. It sounds
like they have been doing a decent job. The gal that Peggy was concerned about now
understands the necessity to do the work. Jack and Mark will be meeting with the folks out
there before they do anything.
Cl Beck - This is just the kind of thing they need to do.
Supv Schug - Thanked Deb and Charlie for sitting at the tax grievance session
yesterday.
Cl Grantham 4 Cl C Hatfield felt that all of the matters they heard were reasonable
requests.
Cl C Hatfield - The two people that represent the assessment department do a good job
and are cordial. We recommended on the form what we thought and they will take it back and
when the decisions are made, they will send us a copy of what they did.
On motion made, seconded and unanimously carried, the board moved into executive
session at 10:00 p.m. No action was taken.
Respectfully submitted,
No �n r
Bambi L. Hollenbeck
Town Clerk
Pagc 19 of 19
PLEAS. PRINT
Namc
r
ll�� l
r .
1FCW% cr DL 'DEN
Town Boardkmcr.lsng
May 18,1999
.Address
iL
() `t Cr,.,L91 'ek 4
4.0
(3
q RY 1 cl 7
IL
office of the Clerk
MY
`own of Dryden
65 East Main Street
Dryden, New York 13053
May 13, 1999
PLEASE TAKE NO'T`ICE: There will be a meeting of the Town Board
on May 18, 1999, at 7:30 p.m, at the Town Hall, 65 East Main
Street, Dryden, New York .
The following matters will be heard-m.
Special Permit Application of Sharon Mc rean, for home beauty
shop;
Special Permit renewal Request, Joe's Chariot Repair;
Site Plan Approval Modification F equest, 281 Development Corp;
Site Plan Review Application, Elder Cottage, James c Kristen
Brady.
Following those bearings the board will held a special board
meeting to conduct any other business it deems necessary.
zr I AvWeW4� L4�
Bambi. L. Hollenbec
Town Clerk