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HomeMy WebLinkAbout2004-07-22TB 7 -22-04 �`. TOWN OF DRYDEN TOWN BOARD MEETING July 22, 2004 Present: Supv Steven Trumbull, Cl Stephen Stelick, Jr., Cl Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery Elected Officials: Bambi L. Hollenbeck, Town Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Debbie Gross, Environmental Planner Dave Putnam, TG Miller, Engineering Supv Trumbull opened the board meeting at 7:07 p.m. and led board members and the audience in the pledge of allegiance. PUBLIC HEARING APPLICATION OF ANDREW MORENUS & ELAINE MORENUS TO ESTABLISH A HOME APPLIANCE & FURNITURE DISTRIBUTION CENTER AND OFFICE AT 234 JOHNSON ROAD Supv Trumbull opened the public hearing at 7:08 p.m. and Town Clerk read the notice published in The Ithaca Jountal. Applicant, Andrew Morenus, stated that the facility will be closed to the public and only accessed by their employees. They have several "rent to own" businesses and this site will serve as a. distribution center and office for their business. United Asphalt was previously issued a special permit for the site. The County Planning Department in their 239 1 & m review recommended the application not be approved saying this was not an allowed use in the zoning district, and if approved would require a super majority. ZO Slater said he does not believe that is correct and that the special use permit falls under section 802(4), special use permit for lumber, wood, coal or other storage yards. He said storage yard is not defined in the ordinance, and the board should rely on what has been done in the past in reviewing applications in RC Zoning Districts. He said in the Fall of 2000 United Asphalt applied to use the site for a material storage yard, commercial garage for their company trucks and a general office. At that time the Country Planning Department felt that was an appropriate use for the site. ZO Slater said this particular use is less intensive, has very few deliveries and company trucks going to and from the site, and they will run their general office facility from the site. He felt that based on the prior determinations and other RC Zone applications that this does fit in the zoning district and we had no reason to think it didn't. The County Planing Department further advises that if the Board chooses to approve this project it would require a super majority (3 plus 1). ZO Slater in his opinion the only outstanding item in the application is the resolution of the §239 recommendation. There are no alterations to the site. Parking is more than adequate for the intended use. Signage is in conformance. ZO Slater read a portion of the §239 1 & in review done by James Hanson of Tompkins County Planning in December 2000 for the same site after an ' application by United Asphalt: "The proposal as submitted will have no significant deleterious impacts on inter- community, county or state interests. Therefore no recommendation is indicated by Tompkins County Planning Department and you are free to act without prejudice." Page I of 23 Q TB 7 -22 -04 United Asphalt never did occupy the facility after receiving approval, but ZO Slater said he feels that would have been a. more intensive use than this proposed use would be. Both applicants proposed general office and storage use, but in addition to that United Asphalt wanted to use it as a commercial garage (maintenance center for their company asphalt trucks and equipment). Jim Krebs, Chair of the Village of Freeville Planning Board, asked what kind of car and truck traffic they anticipated per day. A Morenus said on a weekly basis they were probably talking five commercial tractor trailers. In house they have 12' trucks and said there would probably be three or four per week. The majority of the traffic would access Johnson Road from Route 13. Lotte Carpenter, Freeville Village Mayor, asked about expansion of the business and A Morenus said they have a_ chain of five stores they will service from that facility and are not necessarily looking to expand. The do intend to eventually enlarge the parking lot in the back so they can load and unload trucks at the rear of the building. J Krebs said he had no objections to what had been described. Cl Stelick asked Mr Morenus to describe his business. They own a chain of rental/ purchase stores. One is located at 3 Main Street in Cortland. He said all their stores are located on the main street of the towns they are in and staffed by local people. D Cross prepared a map of the site for the board. She said it is an existing facility and it looks like they are not: changing it very much. "There will be minimal regrading and graveling at the rear of the building. She prepared a map from the Geographic Information System that shows wetlands and indicates a federal wetland south of the project.. She said it doesn't look like what the applicant is doing will disturb that in any way. Applicant said their property is approximately 35 acres and includes a portion of the wetland, with the building being approximately 150' from the wetland. Dave Putnam said that United Asphalt had never completed the work they were going to do and the applicant should review that drainage plan and complete it if it is still applicable. Cl Hattery asked if the regrading that was planned would trigger any environmental concerns and D Gross said she did not. believe it would be anywhere near an acre. Supv Trumbull asked if there were any more comments from the public. There were none and the hearing was closed at 7:25 p.m. PUBLIC HEARING APPLICATION OF WILLIAM TRIPP & RAYMOND OLIVER TO ESTABLISH A MATERIAL STORAGE YARD AT 215 GROTON ROAD Supv Trumbull opened the public hearing at 7:26 p.m. and Town Clerk read the notice published in The Ithaca Journal. Bob Walpole of Groton spoke on behalf of applicant William Tripp saying that the applicant would like to have a storage yard for coal and mulch at 215 Groton Road and build a 30'x 40' pole barn as well as a new fence across the property to isolate it. This will be for retail of mulch, topsoil, stone, wood and coal and storage of containers on site. Pictures of the site were given to the board. Mr Walpole said there used to be a gas station on the site, but the tanks have been removed, testing has been done and they have clean reports from DEC. isJ Krebs asked what the anticipated truck and car traffic would be and was told it: would be probably 2 to 3 tractors per week in the Spring. Pane 2 of23 TB 7 -22 -04 B Hollern asked what the hours of operation were and was told it would 8 a.m. to 6 p.m. Monday through Saturday and 11:00 a.m. to 2:00 p.m. on Sunday. She asked how the coal would be stored and the applicant: said it would be in covered bins. Mulch would not be covered. She asked if trucks had to be covered when they leave and enter the road and was told they would. She is concerned about the standing water on the property and asked that in regrading the site they see that there is no standing water because of health issues. Applicant said the building would probably be situate where there is currently standing water. She asked how close to the wetland they would be in the regrading process and was told at least 400'. Because she is concerned about security at the; site she asked if they would have lighting and applicant said there would beat least one light, and there would be a fence across the front to strop people from entering the premises to dump debris. Applicant said there would be minimal traffic with most activity in the Spring. Betty Hollern said the current wide driveway could be a problem with the site distance going toward Groton. Applicant said there will be two driveways through the fence to the road. She asked if there were plans to place dumpsters on the site. Mr Tripp said there were plans but he is not sure because he is not sure whether he will have a partner in the business. She asked if there were dumpsters on the site whether t:he applicant would need another review. He said the containers would be empty when on site. They are roll off containers to be rented and they will be emptied at the landfill prior to returning to the site. There will be no burning on the site. Joyce Gerbasi asked that any lighting be directed downward. She asked what would prevent rainwater from seeping from the coal storage bins. Mr Tripp said it would be on concrete and covered. is ZO Slater said when he first did a review of the property he recommended that certain portions of the application be resubmitted for clarification and that was done. There is a site plan of where they plan to put the various materials, the building, parking, chainlink fence and two 25' gates. The gates xvi.l.l be closed when the facility is closed. They also resubmitted a general appraisal of what the site will contain and how it will be contained. He said he is satisfied the measures taken will keep the property from continuing to be a dumping site. It has been traditional that the Torn request "shoebor' lighting, which is downcast lighting as opposed to stadium lighting. ZO Slater recommended that standard conditions of approval be attached to any permit granted. TG Miller has provided an evaluation that the project needs to be reviewed for potential for stormwater management in terms of how much disturbance will occur in preparing the site for use. Tompkins County Planning gave a general approval, but recommended the applicant provide more detail about the outdoor storage to better assess the likelihood of negative impacts for runoff, particularly from the coal storage, because the Freevil.le Fir Tree Swamp is located downhill from the site and should be protected from potentially contaminated runoff and should provide proof from DEC that no discharge permits are necessary. D Gross distributed a map to the board and stated that: the boundary of the unique natural area and the DEC wetland (both to the east: of the site) is at least 300' away. She did some research about storage of coal and as long as there is a roof that protects rainwater from touching the coal then leaching and draining, there is no problem. If coal has rainwater flowing through it, it can leach heavy metals. She could not find, however, find any specific DEC regulation for small quantities of coal. Whether there is a permit required for stormwat:er runoff will depend on what the area of fill will be because any area experiencing fill or clearing is used in the calculation of adding to an acre. Cl Michaels noted that the areas for storage bins, pole barn and parking area seems pretty close to an acre. D Gross said that the site was already mostly cleared in 2002 according to aerial photograph. Page 3 of 23 II'B 7 -22 -04 Mr Tripp was asked if he was affiliated with a gr ou p t hat hauls trash and he said he was. He was asked if the trash would end up on site and Mr Tripp said it would not. ZO Slater said the application does not address trash hauling. Mr Tripp said empty trash storage containers would be stored on site. ZO Slater said the application does not exactly speak to that. J Gerbasi asked whether it mattered that the partner in the trash hauling business had illegal signs posted all over town on telephone poles. ZO Slater said he had not observed any. There is nothing in the current application about signs and ZO Slater said if the board assigns the standard conditions of approval that would address it. Cl Stelick asked Mr Tripp what the empty storage containers would be used for. He said they are roll off containers. His partner uses them to haul refuse away and they will only to stored empty on the premises. There is some confusion about whether Mr Oliver is actually a part of the application at this point and he is not present for the hearing. ZO Slater said that while he does not recall the containers being a part of the original application, they are shown in the application packet, but they were not noted in the legal notice. Cl Stelick said Ed Marx of Tompkins Country Planning does comment on them in his letter of July 8. There were no other questions from the board or citizens and the hearing was closed at 7:53 p.m. PUBLIC NOTICE APPLICATION OF RALPH CRANDALL REQUESTING SITE PLAN REVIEW TO ESTABLISH A SELF STORAGE FACILITY & OCCASSIONAL SALES EVENTS AT 1408 DRYDEN ROAD 0 Supv Trumbull opened the public hearing at 7:54 p.m. and Town Clerk read the notice published in The Ithaca dounial. ZO Slater said this is a use permitted by site plan approval as opposed to special use permit because the property is located in the MA Zone. Sales and storage are permitted uses. He said the Country has signed off on this application. TG Miller has reviewed and found Gary Wood PE's drainage plan in conformance with the Town's condition that runoff and discharge be not greater during or after completion of the project than it was prior to the project based on a 25 year storm event. He said he believes there are no issues with this project and all questions have been answered. Applicant: is present for the hearing. R Crandall said the building would not look like the usual storage buildings, but: would be one large building with a perimeter of storage buildings and a large area in the center for different types of storage. He said sales would be limited to weekends and only for persons renting a storage unit. This would not be set up as a flea market, but to give the renters an opportunity to sell items they have should they decide they don't want them anymore. He said it may be that someone who sells items will rent space and decide every weekend that they want: to sell something. He said he does not want a flea market there, but wants to be able to offer renters an opportunity to sell things in a garage sale format. ZO Slater said any particular sales event in this zone would be approved by site plan review. (There are no regulations preventing other town residents from having frequent garage sales at their residence.) Cl Christofferson asked if there should be limits placed here and ZO Slater said he didn't believe they would need to in this zone because you could have any kind of sales activity at any time in the MA Zone. It would need to be included in the permit authority now. Cl Hattery asked the applicant if he thought having this authority would have any impact on his ability to rent the storage spaces and the applicant said it would not. Cl Hattery said in that case he would not be in favor of it. Cl Christofferson said he could see someone rent a space so ® they could have a garage sale and he did not think that makes a lot of sense. Mr Crandall said he would limit it to the weekends in any event, that he didn't want a flea market there. Page 4 of 23 TB 7 -22-04 D Gross said she had reviewed the maps of environmental features and there are none of concern. She noted that there are now three projects in the Town to build storage units and suggested that: perhaps any future applicants should be advised as to the number of facilities currently planned for areas of the Town. Mr Crandall said that he is currently talking to a party now who may interested in renting the entire building and he would prefer that to renting smaller units. If that doesn't happen he will put in the mini- storage as planned. But it is one big building and if rented to the one tenant, it: will not be divided and the lease will be long- term . Initially the intent was for two buildings, but he has decided to put them together and make one roof over the entire area making one building. That is shown on the map submitted to the board. The drainage analysis is based on the one building. There were no other questions from the board or citizens and the hearing was closed at 8:05 p.m. PUBLIC HEARING APPLICATION OF RICHARD CUTIA, SR. RICHARD CUTIA, JR. D /B /A ITHACA PRODUCE FOR A SPECIAL PERMIT TO RELOCATE ITHACA PRODUCE FOR WAREHOUSING AND DISTRIBUTION TO 226 JOHNSON ROAD Supv Trumbull opened the public hearing at 8:06 p.m. and Town Clerk read the notice published in The Ithaca. Joum.al. Richard Cutia explained that they were seeking to move their existing business to a larger facility and had been previously told by the previous board to explore the possibility of moving to that location. The building will be 20,000 square feet. ® Their business has grown and expanded from its original size in 1.988 of two trucks and a few employees with a limited delivery area. They currently service the whole State of New York, City of New York, and parts of Connecticut. The operate 24 hours a day, 7 days a week. Their client base is schools, institutions, colleges, chain business and provide basically anything perishable that people would require in a restaurant or other food facility. They currently have 14 trucks and pku-i to add more in the expansion, They had expected their current facility and 12 acres t:o accommodate their business but: have found they are too close to a residential neighborhood for a round the clock operation. Mr Cutia said the trucks are noisy and have fans that run continuously. Cl Hattery asked him to comment on the routes that will be taken for trucks that deliver to the site and Ithaca Produce trucks leaving the site. Mr Cutia said they will use Route 13. When asked if that would change substantially from the current site to the new site and he said it would not. D Gross noted that because they size of the building had been changed from 25,000 square feet to 20,000 square feet it is no longer a SEQ17 Type 1 action, but is an unlisted action. ZO Slater said that on July 9 Tompkins County Planning advised the Town that this use as they saw it was not a use permitted in the RC Zoning District. On October 7 of last year the Town's Zoning Board of Appeals made an interpretation that this was an allowed use in t:he Town. After speaking with ZO Slater about this, the County Planning Department: issued another recommendation and they have removed the portion saying it was not a permitted, but do recommend that the project be disapproved because of the potential for negative impacts on the Village of Freeville. The Town Board would have to approve this special permit by a super ® majority vote (four members finding positiv(ly). Page 5 of 23 TB 7 -22 -04 There is a letter dated July 21 from the Freeville Village Planning Board asking that the application not be approved because of its concern for increased truck traffic through the Village. The board does not have a copy of the septic permit from the Tompkins County Health Department but they have stated one will be issued. The stormwater management plan has just been received from Gary Wood and TO Miller has not yet had an opportunity to review it and make a determination as to its adequacy. This would be covered in the standard conditions of approval however. Cl Michaels asked if this project would put any more truck traffic on Route 366 than currently goes there and Mr Cutia said it would not. They will be only 1 mile from their current site. J Krebs asked if they doubled the size of the business would they double the number of trucks. Mr Cutia said they would, and their main truck traffic would not go through the Village of Freeville. They do have a truck that delivers to the elementary school three times a week. When they go to Groton, they come from Lansing having delivered to the Lansing School first. Trucks looking to access Route 81. utilize Route 13. Trucks delivering to Ithaca Produce come from distant places such as Florida or California and use Route 13 to come in. Applicant was asked if they had looked at other locations closer to Route 13 and they said they had. This site was chosen because of its proximity to Route 13 and because it was not close to a residential neighborhood. They did not want to leave the area, but didn't want neighbors 30' from their door. L Carpenter pointed out the other end of the road is residential and truck traffic would have an impact on those; residents. Mr Cutia said he understand that, but: it doesn't make any sense for them to travel through Freeville to any of the places they have to go, other than for local delivery. It is a 30 mile per hour speed zone and it is difficult to turn the corner in Freeville and it doesn't make sense to go that way. It is further to Route 366 from the facility than to Route 13. ® A mail carrier who services Johnson Road said it: is a very narrow road and she has to stop in the road to deliver mail, and the County and Town trucks make it very difficult and she has to be very careful. She said there are sharp curves and people walking on Johnson Road and she said it should not be accessed by trucks. The bridge is difficult because it is at an angle with the road and there is a blind curve. It: would be important that Ithaca Produce trucks access Route 1.3 from their facility. Mr Cutia said they don't want to utilize the Freeville end of Johnson Road. It is difficult to negotiate in a car and more difficult in a truck. J Krebs requested that one of the conditions for approval be that with the exception of Ithaca Produce traffic going to the elementary school delivery traffic be directed to Route 13 and not Route 366. Mr Cutia said he has no problem with that. Amanda Kitt:leberger said this is a permanent change to the landscape of the area and they don't know if the business will remain in the area for 10 or 20 years or 2 years and once a decision is made to go in this direction there is a permanent change in the climate of Johnson Road and that potentially has an impact on the residents. Another person said that if they go out of business there suitable only for business and that the condition that traffic not to Route 366 should follow the property. ZO Slater said that tyf for today gives Ithaca Produce the right to transfer this approval So another produce distributor would not have to appear before business remotely different would have to back before the board applied to this approval will transfer to any new owner. Page 6 ol'23 will be a large building using Johnson Road to access iically the approval as applied to a like or similar business. the board, but another type of for approval. Conditions TB 7 -22 -0a in Shik Lee commented that a number of people walk and bike on Johnson Road and she is concerned about truck traffic. She also asked if any visual stipulations could be attached to the approval so they maintain non - obtrusive building and it is not a blight on the rural landscape. J Krebs suggested a vegetative buffer. L Carpenter noted there is a close neighborhood and she would like truck traffic to go to Route 13 and have trees and bushes so the feeling of the street is maintained. A resident said he understood the current neighbors had complained about noise and said he was not sure moving the business to the country was the way to deal with it. He asked if there were other ways of diminishing the noise at their current location. Mr Cutia said they had and had invested $40,000 in a wall that did nothing for the neighbors. He said they could put shrouds on the refer units so they are a little quieter. They had a sound study done and mitigation measures are minimal. L Carpenter asked what kind of lighting they would have and was told they would have wall lighting, facing downward. The building will be 500' or 600' away from the road, the road and that property owner, Lee Robbins, is in favor of only suitable for farming and no one has chosen to purchase wild. He said this particular business seems to him to fit rig: diminish the ability to walk down the road and enjoy nature. provides him with a certain measure of security having been so isolated, and he feels this would tend to eliminate that. The closest residence is across the project.. He said the land is the property and keep it forever it in the neighborhood and not He said as a resident it also robbed three times because it is Supv Trumbull read the letter submitted by Lee Robbins: July 22, 2004 isDear Mr. Slater: As a long -time resident of Johnson Road, in the 'Gown of Dryden, I would like to make comments regarding construction by Ithaca Produce of a distribution warehouse in the 200 block of Johnson Road, First, I would like to thank the drivers employed by Ithaca Produce for the conscientious, responsible, and safe way they travel Johnson Road. This road is shared by many pedestrians who jog, walk their pets, and bicycle (often in family groups). The Ithaca Produce drivers have followed the lead of the Mix operation, which is located at the southern end of Johnson (toad and their employees treat this area as if they had their own homes along the road. The drivers seem to adhere to a self- imposed speed limit of no more than 40 miles/ hr. The Mix drivers are to be commended as they drive the "big rigs" and often pass my home noiselessly in the very wee hours of the morning. The only thing announcing their passing is the many lights on their trailers. The drivers for both firms stop or pull over when passing pedestrians and frequently wave and smile letting you know that they are aware of your presence and respect your right to utilize this road. Again, 'I'hank you! While I would love to see this area remain totally agricultural in nature, I realize that is not going to happen_ The rewards of farming on the scale that would be done here would be subsistent at best. The construction of this facility would limit residential development in the area, which 1 believe mould generate as much, or more, vehicular traffic. The facility operated currently by Ithaca Produce is an accident waiting to happen. Perhaps ® construction of this new facility will prevent a tragedy at their current location. Also, the Page 7 of 23 TB 7 -22 -04 presence of their vehicles on this road tends to reduce the speed of some of the more daring drivers, (one 15 mph curve, and one 20 mph curve, known as Whyte's gold mines). So, 1 wish Ithaca Produce the best of everything at. what I hope would be their new location. Respect the neighborhood as you have done in the past and 1, for one will, enjoy watching you build your business. Thank you Mr. Slator for allowing me to share my point of view regarding this project. Sincerely, Lee A. Robbins A Kittleburger said she appreciates that Ithaca Produce has been good neighbors and that there is some sensitivity toward making whatever building goes into this spot more attractive than what is there now on that road. She said she does think there will be an impact on the Village of Freeville simply because it % ;rill change Johnson Road and there will be an increase in the truck traffic that is currently there, and that should be recognized and taken into consideration in the decision making process. There was a comment that the intersection of Johnson Road, Route 13 and Yellow Barn Road is very busy now and will be more busy. Someone said that a more appropriate location for the business is not somewhere out in the country, but somewhere closer to a main route that: is used everyday. Mr Cutia said they could have obtained a better spot, but it would not have been in this area and they are committed to the area. It was asked how this fit in with the Comprehensive Plan the Town is currently developing and whether it: was a property that is designated for this type of use. D Gross said there is a draft future land use plan for the site and it shows that area as a proposed open space/ conservation area. It does not go into great detail about zoning changes for that area and the plan has not yet been adopted. It is something that can be kept in mind, but is not something that has legal force. The resident said the proposed plan and where development is going to be encouraged should be considered. D Gross said she has the stormwater management plan which hasn't had an engineering review yet, but it is helpful to see a more detailed map of the site. It shows that the building will be quite far back from the road and in between the building and the road, especially on the corner will be the stormwater management facility which will be swales and a pond and additional sweles downstream from the pond. One potential is that the facility will provide a space between the building and the road. The map she prepared for the board did check the soils and location of streams, etc., and the area the building is proposed is between all of those, so it is surrounded by wetland to the west and a floodplain to the northeast, but not too close or on any of those sites. The soil is good soil for a septic system and according to an aquifer map there is a confined aquifer which would be a good water source. She said if you are not going to be in an area serviced by municipal water and sewer, in terms of the soils, this is a good site. D Gross said she drove out and looked at Johnson Road and agrees that it is a narrow road and didn't know if there was a need to check with the Highway Department and see how the road will hold up to additional truck traffic. There is no stripe on the road. A resident said that she is in favor or business in the area, but is concerned about the traffic issue. She believes he will monitor the truck traffic but wondered what would happen if the business was sold and how the new owner would run the business. She asked how the condition would be enforced. She said there is already a lot of truck traffic through Freeville, Page 8 of 23 T.B 7 -22 -04 ® and other residents said the truck traffic is constant and has increased dramatically over the past 15 years. Lec Robbins reassured those present that Ithaca Produce only takes three trucks a week down Johnson Road. The Town of Dryden Highway Department, Tompkins County Highway Department:, RMS Gravel, Mix, Cornelius and other truckers use the road to a far greater degree than Ithaca Produce will. And he said the bridge on the road had been rebuilt and re -rated to handle the larger truck traffic. R Cutia said they are also residents of the community, have children, and care about; the area. They are not going to be racing up and down the road and down Main Street in Freeville. He understands their concerns, but they need to get to Route 1.3 and there is absolutely no reason for them to go to Freeville except to deliver milk to the school. He said in the future he can't see needing to go that way for anything else. They will not be passing through Freeville; they are going to Ithaca and Cortland and points farther. Applicant was asked what plans they had for the balance of the 70 acres they had purchased. He said there no plans for the rest of the property. They want to put up their building yid some trees and do their business there. J Krebs said they are concerned that the trucks may go through Freeville to McLean to Cortland to catch Route 81, or go through Freeville to Groton. There are potential shortcuts through Freeville and they want a condition that what they say they will happen will in fact happen. Cl Christofferson said it seems that everyone agrees and they could have a stipulation that with the exception of local deliveries, all trucks will utilize Route 13. When asked about enforcement, R Cutia said they did not want to be in a situation where people are sitting on their front: porch counting Ithaca Produce trucks. They don't want to be in front of the board again. A resident asked whether there were plans to put a stop light at: the intersection of Route 13, Johnson Road and Yellow Barn Road. They were told to contact: New York State Department of Transportation. Cl Michaels said they could perhaps find some information on the State DOT's website. J Krebs said his only other request was for some sort of visibility barrier to block the view of the building from the road. Cl Hattery said lie :appreciated the Village of Freeville Planning hoard and residents coming out and their civility and the appreciated the Cutia's willingness to work with the community. Supv Trumbull closed the public hearing at 8:50 p.m. PUBLIC HEARING REGARDING THE CREATION OF THE TOWN OF DRYDEN ROYAL ROAD WATER DISTRICT AND TOWN OF DRYDEN ROYAL ROAD SEWER DISTRICT Supv Trumbull opened the public hearing at 8:55 p.m. and Town Cleric read the notice published in The Ithaca Journal. Atty Perkins explained that previously the Town Board had commissioned the preparation of a map, plan and report for a proposed water district and proposed sewer district that would include all those properties that are sort of south of Route 13 and west of Hanshaw Road which are in the MA Zoning District. These properties are currently not served by the Monkey Run Water District and Monkey Run Sewer District. TG Page 9 of 23 TB 7 -22 -04 Millers prepared a map, plan and report which was filed with the board. lased on that map, plan and report, the board voted to call a public hearing to consider the establishment of the districts. The purpose of this public hearing is to review any questions anybody has on the map, plan and report and then make certain determinations. And if the determinations are made in the affirmative, form the districts. Atty Perkins has provided the board with proposed resolutions forming the districts which, if adopted, will be subject to a permissive referendum, so it won't take effect for 30 days. At the last meeting F & T Distributing was approved as an out -of- district customer for the Monkey Run Water District and the Monkey Run Sewer District. Atty Perkins has those proposed agreements tonight, and copies have been provided to the board and to F & T. The matter of the connection charge will have to be discussed. David Herrick of TG Miller explained the total project cost for the wager district. extension is approximately $57,500. That includes all construction costs to be completed as a Town public works project: and also includes the reimbursement: of the construction costs that F & T will be incurring in becoming an out of district customer. The plan anticipates 20 year Financing at 5.5% making an annual payment of approximately $4,$14 which must be raised by the benefited properties in the district. The benefit formula that has been consistently used in the other town district, a three part formula based largely on assessed value with part based on acreage and units. As defined in the report a residential property is one unit; a commercial property is one unit for each store or separate place of business and a health care facility is one unit for each 1.6,000 cubic feet of water that they would use annually. The report contains a schedule showing the first year payment for each property when the formula is applied. D Herrick said it is important that they have to show in the report that a typical property as defined by the State Comptroller is not exceeding a certain dollar threshold per year which is inclusive of the debt payment and their water use. This report has done that, keeping the typical property total charge below $494 for water, inclusive of debt retirement and waiver consumption. Atty Perkins noted the typical property is defused in Town Law and the State Comptroller sets the thresholds. If you don't exceed the threshold for a typical property, you don't need the State Comptroller's approval to firm the district. In this case for both the water district and the sewer district we are below the State Comptroller's threshold. in this district because of the highly commercial nature of it, the amounts vary. The residential property is well -below the threshold. it was noted these are not. owner - occupied residential properties, but even it if were it is still well below the threshold. D Herrick said the service from the Monkey Run Water District is going to provide adequate static and residual pressures together with other types of uses along Royal Road. With respect to the proposed sewer district, D Herrick said the total cost is estimated to be $49,750. This includes extension of service beyond F & T. F & T as an out of district user will have some costs involved in the installation of a service line which ultimately will be used by other properties on Royal Road. They will also be extending a common force line for the few properties that are on Hanshaw (load. There is a larger component in the sewer district project that would be in essence a Town public works project. Using the same, interest rate and terra they come up with an annual payment of $4,164. Using the same benefit formula as for the water district the cost to a typical property would be $327, $175 of that being for sewer charges and the balance being debt payment:. There is a schedule of each parcel's first year charge. He said the first year charges that have been estimated for both water and sewer reflect the current status of assessed value for the F & T parcel. The land value is $54,000 and there are presently no units on the property until the tax rolls are updated. f age 10 t)f 23 TB 7 -22 -04 Atty Perkins noted the formulas set forth in the report are not necessarily binding; the Town Board determines annually what that formula would be. If there is a property owner who thinks they are aggrieved because their benefit: assessment: is too high, the board has the authority in each respective district to change that formula annually, and it can be changed from one year to another. So there is an opportunity to adjust the formula, though the same amount of money will still need to be raised. The formulas are reviewed at budget time. Supv Trumbull read a letter from the owner of Ithaca self- storage: I am the managing partner of Ithaca Self Storage (Parcel #41-1- 33.121) located at 35 Royal Road. As 1 will not be available to attend the Public Hearings regarding the Creation of the Town of Dryden Royal Road Sewer District and Water District on July 22, 2004. 1 wanted to express to you our feelings and position on these matters. I would also like you make this e- mail a part of the record of each herring by preferably reading it aloud at each meeting or alternatively reading it into the minutes of the each meeting. 1 am sure you are aware that we have the second largest assessed value of the six properties in the proposed districts and have almost twice the amount of acreage as the next largest participant in these proposed districts. This leaves us, under the calculations shown in the Engineer's reports for both proposed districts, paying about one -third of each Annual Payment. We think this is grossly unfair as we are probably the member that will use the services created by these districts the least. Our operating hours are between 9 -5 Monday thru Friday and 9 -3 on Saturday. We are closed Sunday. We have the equivalent of 2 full time employes (1 full time plus 2 part time. We would not come close to using these services like any of the other commercial participants and we would certainly use a lot less than any of the residential participants of the district. We already pay a very substantial amount of real estate is taxes to the Town of Dryden without drawing on the services provided in any substantial manner. If the allocation of the Annual Payment among the participants was substantially revised and maintained in our favor we would consider joining the district. It should be noted that even if we joined the district we would probably not hook up to the services as we see no need to spend that amount of money for no real benefit to us. If revision of the allocation of the Annual Payment can not be done to our satisfaction then we would not want to participate in either district. We understand that: the assessed valuation of the new construction in the district will change and therefore change the allocation somewhat. However even when that is accomplished we will continue to carry a very disproportionate share of the burden of these payments as opposed to the benefit we will recognize from joining the two districts. That is why we ask that the revision, if any, be maitained. 1 hope I have made our position clear to you. I would be open to respond to any questions you may have of us regarding this matter. Thank you and the Board members for your consideration of this issue. Harvey Rogoff - managing partner - 516 - 333 -1812 Atty Perkins said to put this in perspective, the writer of the letter is the manager of a property assessed at 1.45 million dollars and is I1 .85 acres, a large part of which is still undeveloped and his first year charge would be $1,371 for sewer and $1,585 for a commercial property. He said in the scheme of things and given the nature of the business it is a very small percentage of the operating overhead and given the benefit that they have for having that: available for the rest: of the property which is undeveloped in an MA Zone, it is a bargain. It is Town the choice of the Ton to include the property in the district. Page I I of 23 TB 7 -22 -fM Atty Perkins explained who would be eligible to vote if a petition was filed. Each corporation, partnership or LIX would be entitled to one vote. Guthrie, Ithaca Self Storage and F & T would each get a vote. Wilcox, having two owners, would get two votes. Kimberly Realty is apparently a partnership and gets one vote. Each tenant in common gets a vote, each joint tenant gets a vote, and each tenant: by the entirety (ie, husband and wife) gets a vote. This is all commercial property being included in the district:. A petition is valid if it is in proper form and filed within 30 days of adoption of the resolution establishing the district. If there is no petition filed, there is no vote, and the resolution takes effect. If a petition is filed there is a vote and it should be done within 40 days. All involved properties were given notice of tonight's hearing by mail, though only publication is required by statute, and copies of the reports. Atty Perkins said there has been ample opportunity for input. D Putnam said Guthrie is in favor of it. F & T is in favor of it. No comment has been received from Kimberly Realty, Wilcox, or Davis. There were no further comments or questions and the hearings were closed at 9: 10 p.m. Gil Levine, of 71 Brooktondale Road, recommended to the board that a streetlight be installed at the intersection of Brooktondale Road and Route 79. He said it is the only major intersection with Route 79 that does not currently have a streetlight and it is at the point where the speed limit on Route 79 changes from 45 mph to 55 mph and it is a dangerous intersection. He said it is his understanding that NYSEG installs the light and the Town's only responsibility would be the annual electric bill. Atty Perkins said this would come from the Highway budget and there is no need for a is lighting district for one light. M Robertson said it came up because the Town of Caroline is putting lights down Brooktondale Road. Atty Perkins said the issue would be whether the Highway Budget could support it for highway purposes. M Robertson said the annual electric bill is estimated at $300 and that is the deductible for one person who has a car crash. The board asked them to contact the Highway Superintendent. The Town Board reviewed the short environmental assessment form for the Morenus project. Deb Gross suggested that since there were two businesses going in on Johnson Road the board could put traffic down as a possible cumulative; effect and said she could keep track of anticipated trips for each of these businesses and have a record of that. RESOLUTION # 117 - NEG SEQR DEC - MORENUS APPLICATION Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Andrew Morenus and Elaine Morenus for a special permit to establish a home appliance and furniture distribution center and general business office at 234 Johnson Road. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. ® C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the Page 12 of 23 'I'B 7.22_041 New York State Environmental Conservation Law - the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Short Environmental Assessment: form (the "Short EAF"), Part I, and any and all other documents prepared and submitted with respect: to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Long EAF, Part 11; NOW, THEREFORE, BE IT RESOLVED AS I4OLI,OWS: 11 The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(e), and (iii) its completion of the Short: EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl flattery Yes The board discussed conditions to be attached to the Morenus approval and decided to include the standard conditions of approval (7- 12 -00), use of shoebox style exterior lighting, and that delivery trucks should utilize Route 13 except for local deliveries. Further, that the applicant complete as necessary the stormwater drainage plan remaining from the previous United Asphalt approval. RESOLUTION #118 - APPROVE MORENUS SPECIAL PERMIT Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approve the special permit application of Andrew Morenus and Elaine Morenus to establish a home appliance and furniture distribution center and general business office at 234 Johnson Road, subject to the following conditions: L Standard Conditions of Approval (7- 12 -00); 2. Exterior lighting shall be shoebox -style, downcast lighting. 3. Delivery trucks shall utilize Route 13 except for local deliveries. 4. Completion as necessary of the stormwater drainage plan remaining from the previous United Asphalt approval 2nd Cl Michaels Roll Call Vote Cl Stelick Yes Page 13 of 23 TB 7 -22 -04 isCl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Cl ChristotTerson thanked Mr. Morenus for doing business in Dryden and asked that. he be a good neighbor. The board discussed the Tripp /Oliver special permit application. There are questions about whether there are two applicants or one, and whether empty refuse containers can be stored on that site and that is not clear in the application. Storage of refuse; containers was not included in the notice to the public. Atty Perkins said if that is something the board feels was not covered by the application, the notice of the hearing, his recommendation would be to specifically exclude it. Cl Michaels said the board is not sure who the applicants arc;, isn't sure how much grading is to be done, the maps are pen drawn, it is not clear what the use is going to be, and with the lack of clarity the board will not be able to give clarity as to what the use should be. He said this could be heading for a problem, especially with respect to refuse containers. ZO Slater said the matter could be tabled until the board had better information. The Board may want to ask for a professional map, and Cl Hattery said he would like some clear drawings of what the coal storage structures would look like. There needs to be clarification about who exactly the applicant is. The board would like an improved site development plan, clarification on the refuse storage containers (and there may be a question about whether that is a permitted use), and if there is going to be coal storage, applicant: needs to specify what the coal storage containers and covering will consist of. Cl Stelick suggested that Debbie Gross contact: Poso Coal for guidance with respect to the coal storage. Board would like the site plan to show a drainage plan. D Putnam added the grading to be done will likely disturb more an acre; of land so will fall under the stormwater regulations. The Board continued this matter until the next board providing the requested material is received. The Board then reviewed the SEAR form for the application of Ralph Crandall for a self. storage facility at: 1408 Dryden Road. RESOLUTION # 119 - NEG SEQR DEC - CRANDALL SELF STORAGE APPLICATION Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Ralph Crandall d /b /a Lock Wood Interiors to establish a self storage facility for storage of personal goods at 1408 Dryden Road, B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in pet-forming the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act: "(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Forth (the "Short EAP "), ® Fart I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse Page 14 o1123 E T13 7 -22 -04 impact on the environment, including the criteria identified in 6 NYCRR §617.7(e), and (iii) completed the Short EAF, Part II; NOW, THEREFORE, BE IT RES014VED AS FOLLOWS: 11 The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Bart I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §61.7.7(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and det:ermi.nes that neither a full Environmental Assessment Form, nor an Environmental impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Flattery Yes ZO Slater said the standard conditions of approval of 7 -12 -00 are already in place on this property so those would just be continued. He recommended the board specify shoebox lighting and said drainage installation should be verified by the designer and reported to the town engineer. There are currently two approvals for retail sales for his general business and automobile sales. D Herrick noted the current plan does not show the stormwater plan, but the previous plan for two buildings does, and the two buildings put together are the same square footage as a single building. The board discussed the request for ability to conduct sales on the premises. Cl Flattery said since the applicant said he didn't believe the inability to conduct sales would affect his ability to rent the premises, and in that area he would rather not see it. They discussed the difficulty of enforcing a provision for limited sales (not more than a speck number in a period of time). Cl Michaels suggested the applicant could come back with a specific plan and ask for approval. CI Christofferson said it seemed the tenants would have the ability to sell items there without approval unless the board restricted it. Cl Michaels would like to approve the use for the storage facility. Sales is a permitted use by site plan approval in that zoning district. It was suggested that: a condition could be added that each sale would require separate approval or that it could be eliminated altogether. Cl Christofferson pointed out that the ability to conduct sales was a selling point for the facility. The Board would like to see a landscaping plan because this facility will be closer to the road than his other building. Cl Flattery suggested a small vegetative buffer in front of the driveway. Atty Perkins suggested the board have the applicant come back with suitable landscaping plan. The board would also like more information regarding the building. Page 15 of 23 TB 7- 22 -04 ® The board continued the hearing and asked that the applicant provide a landscaping plan, a schematic which shows the design, exterior materials and color scheme of the building, and the drainage plan. Atty Perkins explained that a SEQR Type 11 action is not the same as an unlisted action. Type Il actions are ones which are automatically exempt from SEQR. An unlisted action is any action which is not a Type I or a Type 11. The Ithaca Produce application is an unlisted action because of the threshold issue. He also said that the previous Town Board strongly encouraged Ithaca Produce to locate on Johnson Road, feeling that was a more appropriate location for this type of business. The neighbors are in much closer proximity at their present location than on Johnson Road. He said to their credit, Ithaca Produce has done everything that the board asked them to do in finding a suitable spot and coming up with a plan that would solve existing problems and get them away from close proximity to neighbors. In connection with the Ithaca Produce application the Board reviewed the long Environmental Assessment Form and completed Part Il, D Gross encouraged the board to consider the points made by the public while performing their review. RESOLUTION # 120 - NEG SEQR DEC - ITHACA PRODUCE Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Richard Cutia, Sr. and Richard Cutia, Jr. d /b /a Ithaca Produce to relocate their existing business to a is proposed location for the warehousing and distribution of perishable produce at 226 Johnson Road. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation We - the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Long Environmental Assessment Form (the Long EAF"), Part: I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Long EAF, Part 11; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the Long EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Long EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of ® environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will be required, and Page 16 of 23 TB 7 -22 -04 2. The Responsible Officer of the Town Board of the Town of 17rvden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Long EAF and determination of significance shall be incorporated by reference in this Resolution. 21Ld Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes The Board discussed conditions for the Ithaca Produce special permit, including standard conditions of approval and shoebox lighting. They want all truck traffic to enter and exit the facility via the Route 13 end of Johnson Road, unless they are making a local delivery in the Village of Preeville. ZO Slater said the st:ormwater management plan must be installed to the satisfaction of all applicable agencies, including the Town Engineer. Cl Michaels and Cl Christofferson said they would like to see some kind of landscaping/ buffering. Applicant said they had not discussed it too much, because the building will be so far from the road. Cl Michaels said they could possibly not mows and let things go wild or start with a specific planting then let it go wild. Applicant said they are not trying to advertise the building and would be willing to let the area go wild. Cl Michaels asked for any comment about requiring a buffer and ZO Slater said he felt it would be overkill in this case. He said in the past the site had a lot of brush and trash on the corner and the current owner went to a lot of effort to remove the brush and trash and since then the vehicular safetv site distance has dramatically improved. He said they may want to consider trees and landscaping around the building and maintain an open view around the corner in the road. Applicant said trucks will be on the back side of the building and are hidden behind the building. J Krebs said what has been described sounds sufficient. D Gross said if the plan to keep it grassy and mow once a year, the mowing should occur at the end of August to allow grassland birds to use the site. The board agreed not to add any specific condition with respect: to screening. RESOLUTION #121 - APPROVE ITHACA PRODUCE SPECIAL PERMIT Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special permit application of Richard Cutia, Sr and Richard Cutia, Jr d /b /a Ithaca Produce for a warehouse, distribution and office facility at 226 Johnson Road, subject. to the following conditions: 1. Standard Conditions of Approval (7- 12 -00); 2. Outside lighting shall be of the downward pointing 3. All truck traffic shall enter and exit the site via the Road, with the exception of local deliveries to the Village of Freevil 4. Installation of stormwater management plan to the Engineer, and all other applicable agencies. 211d Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Page 17 of 23 shoebox variety; Route 13 end of Johnson le; satisfaction of the Town TB 7- 22 -04 0 Cl 1•iattery Yes Cl Christofferson thanked the Cutias for keeping their business in the Town of Dryden and for working to try and be good neighbors. C1 Michaels added that it was a very thorough application. Atty Perkins has provided proposed resolutions for the Royal Road Water and Sewer Districts. The board needs to make four findings: (1) that the notice of hearing was published and posted as required by law, (2) that all the property and property owners within the proposed district are benefited thereby, (3) that all the property and property owners benefited are included within the limits of the proposed district, and (4) that the establishment of the district is in the public interest. When those determinations are made with respect to each district the board can adopt the resolutions. The notice of adoption will be published and posted . RESOLUTION #122 RESOLUTION ESTABLISHING TOWN OF DRYDEN ROYAL ROAD WATER DISTRICT AND AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE WATER SYSTEM. Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, a meeting of the Town Board of the Town of Dryden, `iompkins County, New York (the "Town ") was held on July 8, 2004 regarding the establishment of the Town of Dryden Royal Road Water District (the "District ") pursuant to Article 1.2 -A of the Town Law; and WHEREAS, a map, plan and report (the "Maps and Plans ") relating the establishment of the proposed District, prepared by T.G. Miller, P.C., competent engineers licensed by the State of New York, in the manner and detail required by the Town Board, has been filed with the Town Clerk in accordance with the requirements of Article 12 -A of the Town Law; and WHEREAS, on July 8, 2004, the Town Board adopted a resolution reciting the filing of the Maps and Plans, the boundaries of the proposed District, the improvements proposed, the estimated expense of these improvements, the proposed method of financing, the cost of the District to the typical property, the fact that the Maps and Plans are on file in the Town Clerk's office for public inspection, and all other matters required by law to be stated; and WHEREAS, the resolution called a public hearing to be held on July 22, 2004 at 8:00 p.m. to hear all persons interested in this matter and to take action as required by law; and WHEREAS, the resolution was published and posted as required by law; and WHEREAS, a public hearing on the matter was held by the Town Board on July 22, 2004 and the matter was fully discussed and all interested persons were heard. NOW, THEREFORE, the Town Board of the Town of Dryden hereby resolves and determines that: 1. The notice of hearing was published and posted as required by law, and is otherwise sufficient. ® 2. All the property and property owners within the proposed District are benefited thereby. 3. All the property and property owners benefited are included within the limits of the proposed District. Page 18 ol'23 i 1'13 7 -22-04 4. The establishment of this District is in the public interest. IT IS FURTHER RESOLVED AND DETERMINED that the establishment: of the District is hereby approved and that the proposed water system improvements in the District (the "Improvements"), including the acquisition, construction and installation of water transmission mains and lines, and the acquisition of equipment, machinery or apparatus required in connection therewith, all as more particularly described in the Maps and Flans, shall be acquired, constructed and installed upon the required funds being made available and provided therefor. IT IS FURTHER RESOLVED AND DETERMINED that this District: shall be known as the Town of Dryden Royal Road Water District in the Town of Dryden and shall be bounded and described as set forth on Appendix A attached hereto. IT IS FURTHER RESOLVED AND DETERMINED that the cost of the Improvements, including legal and engineering fees, and all other costs and expenses, shall be financed by the issuance of serial bonds and bond anticipation notes of the Town containing such terms as may be determined by the Town Board, and such costs shall be assessed by the Town Board in as close a proportion to the benefit to which each lot: or parcel will derive from the improvement as is possible. IT IS FURTHER RESOLVED AND DETERMINED that: this resolution is subject to permissive referendum as provided in Town Laws Section 209 -e, in the manner provided in Article 7 of the Town Law. 2nd Cl Christofferson APPENDIX A BOUNDARY DESCRIPTION ROYAL ROAD WATER DISTRICT All that tract or parcel of land situate in the Town of Dryden, County of Tompkins, State of New York being generally described as follows: Beginning at a point at the intersection of the north line of Royal Road extended easterly to the centerline of Hanshaw Road; Thence southerly along the centerline of Hanshaw Road a distance of 593 feet ±; Thence westerly along the southern boundary of tax parcels 43. -1 -31 and 43. -1 -29.6 a distance of 727 feet ± to the southwest corner of tax parcel 43. -1 -26.9; Thence northerly along the western boundary of tax parcel 43. -1 -26.9 a distance of 570 feet: t to a point on the southern boundary of tax parcel 43.- 1- 33.11; Thence westerly along the southern boundary of tax parcels 43. -1- 33.1.1 and 43.- 1- 33.121 a distance of 759 feet t to the south west corner of tax parcel 43. -1- 33.1.21; Thence northerly along the western boundary of tax parcel 43.- 1- 33.121 a distance of 672 feet t to the southern boundary of the NYS Route 1.3 Right -of -Way; Page 19 of 23 C7 TB 7 -22-04 Thence easterly and southerly along the NYS Route 13 Right -of -Way a distance of 1,752 feet t to the Hanshaw Road Right -of -Way; Thence southerly along the eastern boundary of tax parcel 43. -1 -33.2 a distance of 43.67 feet t to the north line of Royal Road; Thence easterly along the north line of Royal Road a distance of 25 feet t back to the point: or place of beginning. The boundaries of the said District and the Tax Map Parcels included are as shown on the copy of the Town of Dryden Tax Maps last revised 1 July, 2003 and on file at the Dryden Town Clerk's Office. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Name Supervisor Trumbull Board Member Christofferson Board Member Hattery Board Member Michaels Board Member Stelick The resolution was thereupon declared duly adopted. Vote Yes Yes Yes Yes Yes RESOLUTION #123 RESOLUTION ESTABLISHING TOWN OF DRYDEN ROYAL ROAD SEWER DISTRICT AND AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE SEWER SYSTEM. Cl Hatter: offered the following resolution and asked for its adoption: WI- IEREAS, a meeting of the Town Board of the Town of Dryden, Tompkins County, New York (the "Town ") was held on July 8, 2004 regarding the establishment of the Town of Dryden Royal Road Sewer District (the "District ") pursuant to Article 12 -A of the Town Lau; and WHEREAS, a map, plan and report: (the "Maps and Plans ") relating the establishment of the proposed District, prepared by T.G. Miller, P.C., competent engineers licensed by the State of New York, in the manner and detail required by the Totem Board, has been filed with the Town Clerk in accordance with the requirements of Article 12 -A of the Town Law; and WHEREAS, on July 8, 2004, the Maps and Plans, the boundaries estimated expense of these improi District to the typical property, the office for public inspection, and all Town Board adopted a resolution reciting the filing of the of the proposed District, the improvements proposed, the 7ements, the proposed method of financing, the cost of the fact that the Maps and Plans are on file in the Town Clerk's other matters required by law to be stated; and WHEREAS, the resolution called a public hearing to be held on July 22, 2004 at 8:00 p.m, to hear all persons interested in this matter and to take action as required by law; and Page 20 of 23 �rll 7 -22 -04 0 WHEREAS, the resolution was published and posted as required by law; and WHEREAS, a public hearing on the matter was held by the Town Board on July 22, 2004 and the matter was fully discussed and all interested persons were heard. NOW, THEREFORE, the Town Board of the Town of Dryden hereby resolves and determines that: 1. The notice of hearing was published and posted as required by law, and is otherwise sufficient. 2. All the property and property owners within the proposed District are benefited thereby. 3. All the property and property owners benefited are included within the limits of the proposed District. 4. The establishment of this District is in the public interest:. IT IS FURTHER RESOLVED AND DETERMINED that the establishment of the District is hereby approved and that the proposed sewer system improvements in the District (the "Improvements "), including the acquisition, construction and installation of sewer transmission mains and lines, and the acquisition of equipment, machinery or apparatus required in connection therewith, all as more particularly described in the Maps and Plans, shall be acquired, constricted and installed upon the required funds being made available and provided therefor. IT IS FURTHER RESOLVED AND DETERMINED that this District shall be known as the Town of Dryden Royal Road Sewer District in the Town of Dryden and shall be bounded and described as set: forth on Appendix A attached hereto. IT IS FURTHER RESOLVED AND DETERMINED that the cost of the Improvements, including legal and engineering fees, and all other costs and expenses, shall be financed by the issuance of serial bonds and bond anticipation notes of the Town containing such terms as may be determined by the Town Board, and such costs shall be assessed by the Town Board in as close a proportion to the benefit to which each lot or parcel will derive from the improvement as is possible. IT IS FURTHER RESOLVED AND DETERMINED that this resolution is subject to permissive referendum as provided in Town Law Section 209 -e, in the manner provided in Article 7 of the Town Law. 2id Supv Trumbull APPENDIX A BOUNDARY DESCRIPTION ROYAL ROAD SEWER DISTRICT All that tract or parcel of land situate in the Town of Dryden, County of Tompkins, State of New York being generally described as follows: ® Beginning at: a point at the intersection of the north line of Royal Road extended easterly to the centerline of Hanshaw Road; Page 21 of 2.) TB 7 -22 -04 Thence southerly along the centerline of Hanshaw Road a distance of 593 feet t; Thence westerly along the southern boundary of tax parcels 43. -1 -31 and 43. -1 -29.6 a distance of 727 feet t to the southwest corner of tax parcel 43. -1 -26.9; 'thence northerly along the western boundary of tax parcel 43. -1 -26.9 a distance of 570 feet t to a point on the southern boundary of tax parcel 43.- 1- 33.1.1; Thence westerly along the southern boundary of tax parcels 43. -1 -33.11 and 43.- 1- 33.121 a distance of 759 feet: t to the south west corner of tax parcel 43. -1- 33.121; Thence northerly along the western boundary of tax parcel 43. -1- 33.121 a distance of 672 feet t to the southern boundary of the NYS Route 1.3 Right -of -Way; Thence easterly and southerly along the NYS Route 13 Right -of -Way a distance of 1,752 feet t to the Hanshaw Road Right -of -Way; Thence southerly along the eastern boundary of tax parcel 43. -1 -33.2 a distance of 43.67 feet t to the north line of Royal Road; Thence easterly along the north line of Royal Road a distance of 25 feet t back to the point or place of beginning. The boundaries of the said District: and the Tax Map Parcels included are as shown on the copy of the Town of Dryden Tax Maps last revised l July, 2003 and on file at: the Dryden Town Clerk's Office. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Name Vote Supervisor Trumbull Yes Board Member Christofferson Yes Board Member Hattery Yes Board Member Michaels Yes Board Member Stelick Yes The resolution was thereupon declared duly adopted. The board has been provided with copies of proposed Water and Sewer agreements with F & T Distributing and a Purchase of Water and Sewer Facilities Agreement, Atty Perkins suggested the Board consider waiving the connection charge to F & T. He said the proposal is that F & '1' is basically going to build part of the water system and sewer system that will be utilized by the district and the Town is going to buy that from them, and to impose a connection charge on there as an out of district customer to the Monkey Run Water District and Monkey Run Sewer District would seem to be a little onerous. He said that all the agreements that have been executed to date have contained a provision that that agreement was not to be considered a precedent for any other agreement, so we are basically operating on new territory. Page 22 of 23 ,t m 7 -22 -04 If the formula used in the past was followed the connection charge would be enormous because so much time has gone by since the formation of the original Monkey Run Water and Sewer Districts. It: would be a huge payback to buy into that district. We are contemplating that they will be part of a new district within a year. Atty Perkins said it seems like additional unnecessary expense for them to have to pay to connect as an out: of district customer. He estimates it to be in the tens of thousand of dollars. The conditions have always been that they will pay the engineering expenses, legal expenses, etc. There could be a condition that if the district is not formed within a year that they pay a connection charge of $1,000 or something. This is a one time charge for the privilege of being an out of district customer. After further discussion by the board, and it was pointed out that r & T's current site is served by the Monkey Run Water and Sewer District and have paid since its inception, it was decided to waive the connection fee. The appropriate agreements were then signed by the board. Craig Schutt has heard a lot about the concerns of the agricultural community with some of the wording in the comprehensive plan as it is being proposed. At the last meeting of the Conservation Board, Craig was asked to go to the Planning Board with a suggestion that the Conservation Board head up a committee to meet with the agricultural community to try and work out some of the conflicts and get some wording that is more acceptable to the agricultural community but still meet the goals of the comprehensive plan. The Planning Board is supportive of this, but asked him to come to the Town Board and express the desire to do this, because of the concerns of timing with the comprehensive plan. He and D Gross have discussed this and believe they can organize a meeting to come up with some language that is amenable to everyone. The Board agrees this is a good idea and asked C Schutt: to proceed. Cl Michaels said that one his biggest concerns with some of the recommendations in the plan are the realities of some of the restrictions, and said he felt the Town Board would be receptive to some changes. Cl Michaels requested that the board receive draft SEQR forms in advance of the hearings, and Cl Christofferson suggested that: %O Slater could do a presentation of each project at the beginning of the hearing for those present. Having the SEQR ahead of time could `help speed up deliberation. Proposed resolutions for approvals could also be included. There being no further business the board adjourned at 10:53 p.m. Respectfully submitted, / ?Ot6 1. 14e�57't�le� Bambi L. Hollenbeck Town Clerk Page 23 cif 23 Town oft nryden • Towrn Board Meeting July 22, 2004 Name - ,Please Print} Address flfvtY'i" i c.i,� i L C. Frees ✓, ;jIe fp�Iz CAC .I ; 1 c ® r 1 < v\4- L< eCj J A L a /d M av+ + A�o�n d� K;4 Q%1� e / c� Town cf Dryden is Town Board Meeting July 22, 2004 Name - 'Please Print} N S'Z��l - �NC�cWI� n c Ae PLtLOG.2- tw4k( Lev rJG "Y ' PVJ SI L�, dkka Address S�. �i /\) E- yen - -I `ri )61600/f7I> LC. 2Z)