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HomeMy WebLinkAbout2003-06-04TS 6-44)3 TOWN OF DRYDEN -- TOWN BOARD MEETING June 4, 2003 l Board Members Present: Supv Mark Varvayanis, C 1 Charles Hatfield, C 1 Stephen Stelick, Jr., C 1 Deborah Grantham Absent: Cl Christopher Michaels Other Elected Officials: Bambi Hollenbeck, Town Clerk Other Town Staff. Mahlon Perkins, Town Attorney Henry Slater, Zoning Office David Putnam (TG Millers), Town Engineer Kristin Strickland, Deputy 'Town Clerk PUBLIC HEARING - SPECIAL USE PERMIT GERALD R. & JANET A FRAND, 930 WEST DRYDEN ROAD DOG TRAINING & DAY CARE Supv Vcwvayanis opened the public hearing at 7:00pm and Deputy Town Clerk read the public hearing notice published in The Ithaca Journal. Gerald and Janet Frand explained what this business entails. The classes will be of 8 to 10 individuals with their dogs, several nights per week with maybe a few classes held during the daytime. Also, two or three days of doggy day care where people bring their dogs there early morning and then pick them up at the end of the work day. Supv Varvayanis - Does anyone have any questions for them? Cl Hatfield - Most of this training will be inside? J. Frand - Yes Cl Hatfield - I see you are quite a ways from the road and your neighbors so it shouldn't cause much of a problem. J. Frand - Almost 700 feet: off the road. G. Frand -This property is 10 acres of land it includes our home and a pole barn which is 60'X 112'. We also own an additional 10 acres adjoining this property. We feel %ve have quite a bit of land around us. Most of the school is inside as to not to disturb any neighbors. Supv Varvayanis - Any other questions? For the record we have a 239 -L&M review response from the county and they did not see any problems with it. Another letter from Miller stating to exempt them from the drainage general conditions. Comment from the audience.... What happens to the fecal matter? J. Frand - At this time l am asking people to take it with them. I have not yet derided what to do with it. Page lofl) TB 6=4-M03 0 PU13LIC HEARING LEFT` OPEN Supv Varv!ckyanis opened the Town Board meeting and led board and guests in the pledge of allegiance, Supv Varvayanis - Fist order of busmi mss is this letter from the recreation department:. A Ietter written to the Town Board, from Jennifer Glaab, Recreation Coordinator requested that she to be allowed to open a fundraising account or that all income raised Emir the town recreation programs be allowed to circulate back into the 'Recreation Program budget line instead of deposited directly into the Town's General Fund. Supv Varva ands - Have you seen ties Ivlohlon? Are towns allowed to coo fund raisers? Atty Perkins - It is incidental fundrai %ing as part of a program like selling raffle tickets_ I would have to take a look at this ftutbeT. The bigger question is to how to handle funds if they do come in. They will have funds not just from fundraisers but from program fees and things like that, Supv Varvayanis - I thought that this was ongina]ly proposed to be self - funding. So if vac put money Mto the budget then what ever comes back needs to go back into that budget_ ' hi,% will be on the agenda. for next. week. Supv Van'ayar is - F &T Distributing Company Pilot Program but I have been unable to get anything useful, so we will put that off. Supv Varvayani,% -loo we warill to discuss the Cell cower? 'Chive is gG ng to go on l ou r 1 j u qt past the fence on NYSEG a few hundred feet up the hill. This site is the one we proposed to them. It will bu ez �nday hidden. We cannot yet set a hearing date for this. We will need wait for therm to get back to us. We should have an opinion on the completeness on this before we.,... AMY Perkins - I think it's a relatively narrow review because last Vovember this board gave them speck sense of the board ;md direction in what you wanted to see. The question is now have ibey done that? Is the board now prepared to issue ahem a special permit with the appropriate conditions? Supv Varvayanis - Mahlon have you tooled at all of the phosphorous production maternal? Do you have any comments) Atty Perkins - What does Che attorney for SJS say about the SEQ R? Is that something that needs to be dune by the parties or by the JS? Supv Varvayanis - I believe it has to be done by the parties. Atty Perkins - before you can take ally action you need 110 compile a SEAR. I am not sure what stage we are art. Are 1�e engineers asking for more money? Supv Varvayanis - i think they are looking for approval of the entire project. 1 Grantham - On the front; page it says the project has completed SEAR review, it actually hasn't_ All of the parties should have been involved. H, Slater made the comment that the Town of Dryden is an interested agency and should have been offered the opporomn'ty to Page 2 of 10 TB 64 -03 decline lead agency status. There is some question on whether a SEAR farm has been completed so the board asked Atty Perkins to Iaa1c into this matter and gels bade to them. The Board reviewed the short environmental assessment forxa in connection with the requested Dog Day Care special permit. RESOLUTION #SS - NECK SEQR DEC � FRAND {DOG DAY CARE Cl Grantham offered the following resolution and w5ktA for its adopdon: RESOLVED, that this Town Board does hereby issue a negative declaration based on the SEQR review. Thzs is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all -necessary documents. 1211d C1 Hatrield Roll Call Vote C l Hot 5eld Yes upv Varvayanis Yes Cl Grantham Yes RESOLUTION #9 APPROVE SPECIAL PERMIT= FRAND J DOG DAY CARE Cl Grantham offered the following resolufiian and askeed for its adoption: RESOLVED, that this Town Board hereby approves the applicatian for a special permit with the standard conditions with No. 7 accepted. Also, that the fecal matter is carried away by the rusl;vmers, 211d Cl Hatfield Roll Call Vote C 1 Hatfield Yes upv Vary y rus Yes C 1 Grantham Yes upv �farvayanis - Another issue to discuss is the proposal of Thomas CiraE who owns property on Bone Plain Road_ He is proposing to build a structure called a Grotto to place his and his wife's ashes in. He then would like to donate this to the town to use as a town site, It will have a parking area and be ava&Lble for anybody who wants to stop and spend a quite moment. Atty Perkins - The Town has a cemetery ordinance, which basically states that you can not establish a cemetery unless you go through a specific process_ However, the Town by agreement in the past has allowed private cemeteries to be established limited to ane or two burials and it is clear that they will be maintained by the owners. There should be no public liability. After some di&cussian the hoard decided to have Atty Perkins send Mr. Cirafici a letter explaining the cemetery ordinance and the procedure, along with the fact that the town is not interested in raring for this cemetery, The board discus. d a letter describing an overview of procedures with the respect to the formation of a water district and construction of additional improvements of the existing sewer districIN including preparation of a mKp, plan and report. There are sample resolutions at is the end ofit to start the respective processes. This is what the board had requested last meeting. Rage 3 of 10 TB 6 -4-03 ® The Village would like a letter sent out to property owners in the proposed district, and there has been a letter drafted by Supv Varvayanis. This letter contains estimates of the cost: of a new proposed water district, along with the idea of a possibility of annexation. This is to get an idea of what reaction would come from the public. Cl Grantham said it would be a good idea to see if there is enough interest before the Town spends more money. The opinion of the Town Attorney was to have good numbers and an actual program idea of how it would work that you can refer people to before you have a public hearing on everything. The additional factual background is helpful for them to make a decision. A petition initiated by the citizens would trigger the annexation issue not government. Atty Perkins said he had understood that for 25 years the Town had been trying to get water out there, and it seem that now the Town should come forth with some sort of concrete proposal and have some public relations work done once there is a plan. Supv Varvayanis said that the $411 cost per year to the property owner is well under the limit that would require review by the State Comptroller. Cl Grantham said that perhaps the letter should contain a sentence that annexation should be initiated by a petition from the citizens who wish to be annexed. Supv Varvayanis asked if the sense of the board was to get firmer numbers before a. letter was sent. Cl Hatfield asked how long that. would take and Atty Perkins replied that was the purpose of having a map, plan and report prepared. CI Hatfield asked D Putnam how close to accurate he thought the numbers were. D Putnam replied that it wasn't too bad if water was found within the 1000 feet from the district boundary that was allowed. If you cannot find waiver there then the numbers go up. ® Supv Varvayanis -The Village of Freeville seems to be somewhat interested in exploring water with us and the excess capacity in our sewer plant would be happy to see us put our sewer down there. George Junior is also interested in coming into a municipal system. They would be willing to put up there piping and whatnot if we did use some of the Freeville water. There might still be a number of issues to look at. Cl Hatfield - Freeville has excess water is what you are saying. There are artisan wells over there. Supv Varvayanis replied that they have tons of water but no municipal system. Cl Stelick replied that they would be willing to join us. Supv Varvayanis - Another thing is if we get an East Hill tank put up with Bolton Point. D. Putnam - The Town of Ithaca, in order to go around the city, is finally going to build the East Hill tank over on I-Iungerford Hill, which is Bolton Point. This was in the original plans for Bolton Point but was never built and they have operated without it for years but they need it now. Once that is build the town can expand out and bring water past NYSEG because the limit in the system has been overcome which is getting water to Varna, easily. This is by extending water out Ellis Hollow Road and over Turkey Hill Road to the end of the Turkey Hill System. Then it could be extended out Route 13 and possibly solve Yellow Barn's problems along with the problems out here. This is a preliminary plan partially done. I resurrected it from the archives but that is as far as I've got.. I will get this to you hopefully next week. Supv Varvayanis - Coming to the fact that there are other possibilities would be one of the reasons not to send out a letter like this. Cl Stelick - This is based on a $100,000 house is that correct? Supv Varvayanis replied O Yes. Mahlon this proposal here is $15,000 is this what you are saying? Atty Perkins replied Yes, Page 4 of 10 TS 6-4 -03 isCl Stelick and Cl Hatfield agreed that it would be better to have everything on the table first. Supv Varvayanis also agreed it would be a good idea. Cl Stelick wanted the board to know that Reba Taylor, Mayor was wondering where the letter was on annexation. He told her that we would be discussing the letter tonight. Cl Hatfield replied that Mahlon said that aruiexation is up to the residents. Atty Perkins replied that it is a mistake to address the issue of annexation. Supv Varvayanis - That is why I didn't object to the concept of a letter going out. I thought it would just make annexation look pretty poor. Atty Perkins replied to use that as a defense when the hearing comes forth. Cl Stelick - I feel we should have the information out there. Supv Varvayanis it: seemed that the sense of the board is to get more information and look at more options, get better numbers before the letter goes out. C1 Grantham replied that she thought a letter should go out to gauge the interest because it costs money to do an engineering study. Cl Stelick said that even with the engineering study, it is the people who decide whether they want the district. Atty Perkins added that it would be a well- advertised public hearing. Supv Varvayanis said that he never thought that annexation would be the cheap way to go, but he never thought the Town could build it's own plant for half the price of what annexation would be. He said that Village Board members had indicated they would expect those people to pay for their own distribution system, but even if the Village were to cover that, it: would still be 500/o more that if the Town built its own plant and distribution system. Cl Stelick said he would like to have more information before the Board moves forward. He'd like to have better numbers and find out what other districts are charging for water, ® stating that some seemed rather high. D Putnam said they could have a capital replacement charge in their water rage. C1 Stelick asked if the report from Hunt Engineers would give the Town an idea of what it would be able to charge for the water and Atty Perkins said that it would. Hunt Engineers' proposal is to provide the Town with a map, plan and report for a water district and sewer district: at a cost of $7,500 per district. Cl Stelick noted there is also the possibility of working with the Village of Freeville, and said if the Village of Freeville and the George Junior Republic were served from the water district, it would decrease the cost of operation and maintenance of the district. After preparation of the map, plan and report property owners could make a decision regarding whether they wanted the water and sewer districts or whether they wanted to be annexed to the Village. Atty Perkins explained that once the resolutions are passed, if no petition is filed within thirty days then the resolution takes effect. The sewer one is not subject to permissive referendum because the district already exists, but: there would have to be public hearings on both of them. Supv Varvayanis said there is close to $100,000 in the sewer fund because at some point in the past the Town was considering buying into the Village sewer plant, but t:he Village decided they wanted to be sole owner. RESOLUTION #87 - RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED WATER DISTRICT IN THE TOWN OCl Grantham offered the following resolution and asked for its adoption: Page 5ofl0 TB 6-4 -03 is WHEREAS, the Town Board of the Town of Dryden (the "Town ") proposes to establish a water district in the following described portion of the Town: that area north, east and west of the Village of Dryden which approximates the boundaries of the Cortland Road Sewer District, but is not necessarily limited by such district boundaries; and WHEREAS, the Town Board proposes to acquire, construct and install a water supply and distribution system in the proposed water district, NOW, THEREFORE, BE IT RESOLVED, subject to permissive referendum, that the sum of Seven Thousand Five Hundred Dollars ($7,500.00) is hereby appropriated to pay the cost of preparing a general map, plan and report for providing water system facilities, improvements and services in the above described portion of the Town, and be it FURTHER RESOLVED, that Hunt Engineers, Architects & Land Surveyors, P.C. are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and upon completion thereof to file the same in the office of the Town Clerk. This resolution is subject to permissive referendum as provided in Town Law Section 209 -b, in the manner provided in Article 7 of the Town Law. 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes RESOLUTION #88 - RESOLUTION AUTHORIZING THE PREPARATION OF A MAP AND PLAN AND COST ESTIMATE FOR CONSTRUCTION OF SEWAGE TREATMENT FACILITIES IN CORTLAND ROAD SEWER DISTRICT Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden (the "Town ") proposes to acquire, construct and install sewage treatment facilities and related improvements to the sewer system to serve the existing Cortland Road Sewer District in the Town; and WHEREAS, the Town Board now desires to authorize the preparation of a map and plan of the proposed improvements together with an estimate of the cost of the improvements, NOW, THEREFORE, BE 1T RESOLVED, that the Town Board hereby authorizes and directs Hunt Engineers, Architects & Land Surveyors, P.C. to prepare a map and plan of the proposed improvements, together with an estimate of the cost thereof, which shall be filed in the Office of the Town Clerk, and be it FURTHER RESOLVED, that the cost or expense incurred in connection with the preparation of the map, plan and cost estimate shall be a charge against properties in the Cortland Road Sewer District, and shall be assessed, levied and collected in the same manner as other charges against the District. 2nd Cl Hatfield O Roll Call Vote Cl Hatfield Yes Cl Stclick Yes Page 6 of 10 TI3 6 -4-03 is Supv Varvayanis Yes Cl Grantham Yes The thirty -day period for filing a. petition for referendum begins today. Within ten days we must publish and post. If no petition is received, the map, plan and report will be prepared and the public hearings will be scheduled after they are received. Cl Grantham said Conservation Advisory Council has finalized the Open Space Inventory. It is on the website and she sent an e -mail notice that she would like to formally adopt it so that the planning board and the board can use it when they review special permit applications, etc. The CAC has looked at significant natural resources and features in the ,ro%lkTn and said that they should be considered in planning. They looked at soils, topography, historic and cultural features, used the Unique Natural Area Inventory, and looked at plants and animals, and managed open space assets. There is a discussion with each map as to what considerations should be taken in any specific area because of the particular resource. The CAC held two public meetings for comment. Atty Perkins said he would like to review his file and prepare a proposed resolution for the board's consideration next week. Cl Grantham said she would not be at the meeting next week and would like to vote on it. Atty Perkins will look at the document and come up with some proposed language regarding what it is to be used for by the Town. Supv Varvayanis said he had received a memo today from Lee Shurt:lefl' with suggested letters to state agencies and elected officials asking them to move forward with the Office of Technology's Statewide Wireless Network (emergency radio upgrade) and help fund Tompkins County. Supv Varvayanis said having talked to Nizolio, Seward and other state reps he is not sure that a bunch of form letters would make a difference. He said if it was al-right with the Board he would rewrite the letters so they were more original. The board agreed. Atty Perkins explained that the Town of Dryden acquired the West Dryden Community Center several years ago because the West Dryden Community Association was dissolved and title reverted to the Town who owned it previous. The Town applied for Environmental Quality Bond Act Funding to stabilize the structure (the foundation, roof, etc) and the Town was the recipient of a $50,000 grant in 1993. It became obvious that $50,000 was not enough to do the work that really was required to be done, so only the minimal amount of work was done. The Town entered into an agreement with Historic Ithaca whereby Historic Ithaca would take title to the structure subject to the preservation covenant that t:he Town had signed with the State Historic Preservation Office. The deed also had a reverter in it that should it be abandoned that tittle would revert back to the Town of Dryden. Historic Ithaca now wants to sell the property to Hobasco Lodge, a Masonic group from Ithaca who wants to make meeting rooms out of it and a Masonic Library which would be open to the public. What the purchaser wants is the Town to give up its right of reverter so that they will have good and clear title to the property. If the Town votes to do that, then we have to adopt a resolution agreeing to release and extinguish that right. That: resolution would be subject to a permissive referendum and there will be notice requirements, etc. It would not: take effect for thirty days. Atty Perkins stated that his only concern was the preservation covenant that was placed on the property in 1993. Historic Ithaca took title subject to it: and in fact subsequently executed another preservation covenant with SHPO. He has received material from the O attorney for the Masonic Lodge with respect to the preservation covenants. Atty Perkins' recommendation is that if the Town wants to see the project go through that the Board Paige 7 of 10 1'13 6-4 -03 ® consider extinguishing or releasing the right of reverter which was reserved to the Town on the condition that the purchaser of the property also execute a preservation covenant with SHPO. The purpose of the covenant is to maintain the structure's historic significance and its architectural significance. The covenant was to run for twenty-three ,years or the length of the life of the work that was done. The attorney for the purchaser has stated that the work that was done will preserve it forever. Atty Perkins would like to make sure that whoever the purchaser is will observe the intent of the preservation covenant. The covenant runs with the land and is a permanent agreement because public funds went into it: for a specific purpose. The property was originally conveyed to the Town in 1948 and thereafter conveyed by the Town to the Greater West Dryden Rural Community Association, Inc. in 1970. Pursuant to the conditions set forth in the 1970 deed, upon its dissolution, title to the property revested in the Town of Dryden. After discussion the board decided to release its right of reverter. The Town needs to release its right of reverter so that: the possibility of that happening would never occur. In order to give up an interest in real property, the Town must adopt a resolution subject to permissive referendum, with notice and publication. Cl Grantham said that the condition of having the buyer enter into a preservation covenant with SHPO was a good idea and Supv Vaivayanis said that SHPO will do as good a job of seeing that it is preserved as the Town ever would. Atty Perkins said that the covenant does require that future owners execute it and agree to its terms, and the Town can just make that clear. RESOLUTION #89 - RELEASE OF INTEREST IN WEST DRYDEN COMMUNITY CENTER Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, Historic Ithaca is the owner of property shown on a survey map by T.G. Miller PC, Allen T. Fulkerson, L. S., dated January 3, 1994, entitled "SURVEY MAP SHOWING LANDS OF THE TOWN OF DRYDEN, WEST DRYDEN ROAD AND SHELDON ROAD, TOWN OF DRYDEN. TOMPKINS COUNTY, NEW YORK ", which map is incorporated herein by reference ( "the property'l, and WHEREAS, the property was acquired by the Town of Dryden from Central New York Annual Conference of the Methodist Church by deed dated October 25, 1948, and recorded in the Tompkins County Clerk's Office on November 8, 1948, in Book 315 of Deeds at page 229, reference also being made to a boundary line agreement by and between Brian O. Earle and Joann Earle and the Town of Dryden recorded in Book 733 of Deeds at page 161, and WHEREAS, by deed dated April 14, 1970, and recorded in said Clerk's Office on May 28, 1970, in Book 487 of Deeds at page 145, the property was conveyed by the Town to Greater West Dryden Rural Community Association, Inc., and WHEREAS, the conveyance to Greater West Dryden Rural Community Association, Inc. (487/145) was made "....SUBJECT be dissolved, then and in that to the following conditions: 1. That the Town of Dryden may continue to use the building as a storage place for voting machines and equipment, and as and for a polling place for all elections, the Town to pay to the Association therefor the same consideration as is paid for other polling places in said Town. 2. That the building shall be used only for Association activities and Othat in the event that Association shall be dissolved, then and in that Rage 8 of 10 T8 6-4-03 event, the title to said property shall revest in the Town of Dryden, and all rights, title and interest of the Association shall terminate. m WHEREAS, the Greater West Dryden Rural Community Association, Inc. is the same entity as Greater West Dryden Rural Community Cooperative, Inc., which was incorporated pursuant to Article 2 of the Cooperative Corporations Law on May 14, 1967, and WHEREAS, the Greater West Dryden Rural Community Cooperative, Inc.. was dissolved by proclamation of the New York Secretary of State on June 27, 1988, and WHEREAS, upon such dissolution, title to the property revested in the Town of Dryden, and WHEREAS, by deed dated March 12, 1996, . and recorded in said Clerk's Office on March 25, 1996, in Book 768 of Deeds at page 183, the property was conveyed by the Town of Dryden to Historic Ithaca, and WHEREAS, the deed to Historic Ithaca recited that the premises are subject to all covenants, conditions and restrictions of record, e.g., the restrictions referred to in (1) and (2) above, and WHEREAS, the deed to Historic Ithaca also contained the following provision: "This conveyance is made on the condition that if the party of the second part, its successors or assigns, shall abandon the improvements on said premises, or if the same be destroyed for any cause whatsoever, or if the same shall be removed or if the improvements shall for any reason lose their significance from the government of either the United States of America or the State of New York, then and in any of the aforesaid events, the title to the premises will revert to the party of the first part, its successors or assigns." And WHEREAS, Hobaseo Lodge, #716, F. & A.M., a lodge of Free and Accepted Mason, duly chartered and installed according to the general rules and regulations of the Grand Lodge of Free and Accepted Masons of the State of New York ( "Hobasco ") has entered into a contract for the purchase of the property, and WHEREAS, the parties desire to clarify the restriction with respect to the property, NOW, THEREFORE, BE I'l' RESOLVED AS FOLLOWS: 1. The restrictions and conditions set forth in the fourth Whereas above and the tenth Whereas above are declared to be null and void and of no further force and effect. 2. The Town, for itself, its successors and /or assigns, hereby releases and surrenders the right of reverter as set forth in the deed to Historic Ithaca. 3. Historic Ithaca for so long as it shall own the property and Hobasco, if it shall acquire title to the property, agree to comply with the preservation covenants with the State of New York, acting by and through the Office of Parks, Recreation and Historic 'reservation, the ® first dated August 2, 1993, and recorded in said Clerk's Office on August 29, 1994 in Book 48 Page 9 of 10 TB 64,03 of NEscellanteous Records at page 837: and the second dated August 28, 1996_ and recorded its said Clerk's Vice on September 27, 1996, in Book 57 of Miscellaneous Records at page 281. 4. This resolution 1s erlopted subject to a permissive referendum as provided in Article 7 of the Town Law, 2nd Cl SteFicic Roll Call Vote Cl I•Iatfield Ye% CI Silelick. Yes Supv Varvayanis Yes Cl Grantham Yes Cl Grantham inquired :bout the status of the subdivision on I•Iurd Road owned by Lok & Lim and whether they needed to get septic approval- ZO Stoker said he had spoken with ,ion Andersson of the Health, Department who stated that there is no other action required by the owners and as far as the Health Department was cnn.eemed the Subdivision was still active, but after he looked over the records he may write to the owners and ask them to ask for renewal just to keep the record clean. The subdivisions has not been abandoned by combining the lots or other action. Milo Richmond asked for clarification on the next steps with respect to the Open Space Inventory. Atty Perliiis said he would review the document Knd his file and the research he previously did on the adoption proeeedh - M Richmond said that it was one of the best types of this document ihat he had evex seen. upv arvayanis remarked that. a jot of very capable and enthusiastic people had been win-I ng on it. Atty Perkins will try to draft something for C1 Grantham Inc} review before she leaves town on Monday - On ui olion made, seconded and unanimously carried, F]-i e meeting was adjourned at 8.45 p -m. Respectfully submitted, f r���C Bambi L. Hollenbeck Town Clerk Pago l o o f 10