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1990-11-14
L_J C L TOWN OF DRYDEN ZONING BOARD OF APPEALS NOVEMBER 14, 1990 MEMBERS PRESENT: Chairman, stated: The John Baker, Dominic agenda tonight Bordonaro, Alan is by Cornelius LaMotte, Construction: Francis DiTommaso, been denied and Ann Everett. Also present to use but not limited Lane to: H. Slater, Center Barbara Westfall, Shop and Walter Cogswell, Graham Dobson, Dianne for your business Tessaglia, violation Thomas Besemer, Marjorie Spofford, allowed Tony Lednor, Under Betsey Difficulties Darlington, Bernard Cornelius, Ernie Bayles, Hardship Frank a letter Prudence from John and Robert Beck. The Zoning Board of Appeals meeting was call to order on November 14, 1990 at 7:30 PM by Chairman J. Baker. Mr. Baker ex gathering inform each application welcome to stay tonight after th not wish to stay in the morning t plained the ation by th brought be until the d e last publ they were o learn the procedure of d e Board Members fore the Board. ecisions were m is hearing was welcome to phon decision made Three cases were heard as follows: Corn e1i a maint vacant is a us us Construction i enance center and commercial struct e request to sect eliberation after and the pUbl is on The public was ade which would be heard. If they did e the Zoning Officer in each case. s requesting a variance to establish storage terminal within an existing Ure at or about 32 Etna Lane. This ion 751 of the R. B. —1 Zoning Districts requirements. Chairman Baker stated: The first case on the agenda tonight is by Cornelius Construction: Having been denied permission to use 32 Etna Lane as a Storage Center and Service Shop and maintenance for your business in violation of Section 751 for an allowed use. Under Practical Difficulties and /or Unnecessary Hardship a letter from John Andersson, P.E. Director of Environmental Health was read into the record as follows: 41� () t -i �00 TOMPKINS COUNTY"' DIEPAR � l SUZANNE R. STOPEN, R.N., M.P.S. Public Health Director Bernard Cornelius 253 Ringwood Road Freevil)e, NY 13068 Dear Mr. Cornelius: v (T• a' NT OF HEALTH November 5, 1990 RE* Parcel 45 -1 -18 Environmental Health Dlvhlon 401 Harris B. Dates Drive Ithaca, New York 14850 -1986 607- 279 -7275 At your request, I investigated our files for information on the 16 acre tax parcel 45 -1 -18 on Etna Lane in the Town of Dryden. It appears the property has little potential for development as the gas line (100' wide right -of -way) could not be counted as usable area for any lot - and it runs through the middle of the property. Also, a class A stream crosses the property; no sewage system would be allowed within 100' of this atream. These two items affect significant areas of the parcel; see the enclosed sketch. The remaining area has three soil types (see attached), all with indicated depth to seasonal groundwater 0 -20 inches. This is not suitable for standard sewage systems. If development occurs on this site, it seems large lots (over 2 acres) with sand filters would be necessary; if these were even allowed, in the areas of soil type PhA and RkA. These soil types only cover less than 5 acres, according to the soil maps. Only an on -site investigation can reveal the actual soil conditions, of course, but I hope this information serves your purpose. Very truly yours, Jo n M. Andersson, P.E. D! ector of Environmental Health JMA:kk Enc. ZBOA 11- 14--90 PG. 3 ® Mr. Cornelius added that and inspection on the property Gene Rotunda of Rotunda Homes Inc. found all masonry construction of the building to be of sound condition, no cracks, no problems. �1 QUESTIONS FROM THE BOARD F. DiTommaso: Q. Do you own this land now? B. Cornelius" A. No, I do not. 0. Who is the owner? by A. Tommy Besemer. We would a shield fence, like to carry on the same actions, that equipment. he did protect any on the property, neighbor. my own personal use, no hired work for maintenance of our dump trucks, our tractors, and our trailers, bull dozers, equipment. A. Everett: Q. Is there a building on the property? A. Yes there is. (The approximate 50 by 70' building and paved driveway was located on the map for the Board) Q. When you say "maintenance" what do you mean? What type activities? A. Tractor Trailers, willing to servicing a shield fence, construction it will be equipment. Not commercial, willing to protect any part of an Undesirable only neighbor. my own personal use, no hired work at all. D. Bordonaro: Q. How big is your fleet? A. Four trucks, ten tractor trailers, a couple back —hoes, couple bell dozers, excavator F. DiTommaso: Q. This would be your base of operation also? A. Yes. We're willing to build a shield fence, it will be fenced off. We're willing to protect any part of an Undesirable site to a neighbor. Q. Is Anderson's letter telling you, you can't have a rest room on that site. A. Anderson's letter is saying all things are possible if you have money enough. But to develope that particular site for housing, for ground water or sewage systems, it's ,just not desirable. The property has two ponds on it now, plus the pipe line goes through the center of it. The right of way is 100 foot wide and can not be used for a septic system. The property is approximately 700 feet wide, but 80% of it is virtually worthless as far as road frontage, or septic systems. ZB F. DiTommaso: Q. I don being A. Well front foot here DA 11-14-90 PG. 4 It see where you come up with this as 80X? you have to have 125 feet of road age for a lot. You have to have 150 circle, so all of the land from here to is gone. Q. Does type this of letter equipment will you have inside say you can't have a septic system on that lot? work, T. Besemer A. No. The property is zoned residential, but has very limited use for residential development because of the class "A" stream and the 100 foot right of way for the gas line. It is not prohibited, no. Q. Are you going to have a rest room there? B. Cornelius: A. No. A. Everett: am Will you have running water? A. No. repai I tak ® it is Q. What outsi My men r work e it t just type o de of won' myse o J'oh going f veh this t be Cher If or if n Deer or to be is icles wil building? e. it i Cat a s 1 yo I do 90% of the s too technical erpillar. All ervice area. u have parked A. Tractor trailer- units, flat bed trailers, possible a dump truck and a back hoe or dozer. Q. What type maybe of drill equipment will you have inside of the building? grinders, A. Tools, maybe a drill press, welders, grinders, hand work, and hand tools. Q. How may people will you employ to work there? A. I employ this date right now three men. They are in the house building phase. I am the only one that runs the equipment, I'm the only one that runs the trailers and haul the material and I am the only one that will be there. Maybe on a rainy day someone will be there greasing, fixing lights, changing tires or whatever. But as far as an on going 8 hour day, 40 hour week business going there it is not going to happen. is i ZBOA 11 -14 -90 PG. S A. Everett: as Will there be lights? A. Yes. Q. What type fence, did you say you'd have? A. I don't expenditures know. I can put up a board fees fence on the front the of the purchase building, be something across the front of the property. and is The building sets your back 700 feet from Etna Lane. all The thing we need is that you're looking for? Have you looked safety. Now we places? are pulling off route 366 and it is dangerous. D. Bordonaro: Q. You don't own this property? A. At this time, I do not. Q. You're not leasing it? A. No, we want to purchase. Q. Do you have any money into this operation yet? A. Just expenditures you pick in inspections and lawyers fees to other draw up the purchase offer. Q. The offer is pending the variance? A. Yes it is. Q. Why did you pick this spot, other then it seems to be something that is convenient and is close to your operation, and seems to have all the features that you're looking for? Have you looked other places? A. Our focus is we' re based piece of pro what we want piece of pro the communit going down h right arou out of. Th perty with to use it perty and t Y. Without I ll. nd Etna, t is is an e a prior us for. It i oday a det being use Q. How long has it not been used? A. Six years. hat's were xisting e of exactly s a vacant riment to d it is F. DiTommaso: Q. Has this purchase offer- been signed? 0 As No, but it can be. ZBOA 11 -14 -90 PG. 6 F. DiTommaso s Q. What time A. During th the morni the year. for my ow of day do you expect to travel? e eight hour day. No two o'clock in ng. Possibly three Saturdays out of I do not lease equipment out it is n use. J. Bakers READ FIVE LETTERS OF OPPOSITION FROM JON PARCH, ALAN AND MARJORIE DOBSON, ELLEN BONN, MR. AND MRS. PETER CURTISS AND RUSSELL CHARIF. QUESTION AND COMMENTS FROM THE FLOOR MARJORIE SPOFFORD stated% who owns the land that adj it is one of the largest p now. The impact of having tractor trailer trucks goi will definitely distract o there. I oppose the grant On oin iec a ng f t ing behalf of myself and my parents s this land, is the bird sanctuary, e of undeveloped area in Etna as of maintenance area, where you see in and out of there all the time, he diverse habitat that now exist of this variance. DIANNE TESSAGLIA of 8 Etna Lane: I purchased my house three years ago because I liked the residential community in Etna. Versatile Foods moved in before I was even aware of it and I ® notice the increase of traffic along Etna Lane. I do not wish to see move truck traffic, I like the quite nature of the street. I don't think it is a lot safer than route 366, the ,junction of route 366 and Etna Lane is pretty dangerous. vacant land is nice land, and I don't think development necessary improves it. BETSY DARLINGTON, City of Ithaca, DIRECTOR OF LAND PROTECTION FOR THE FINGER LAKES LAND TRUST and Tony Lednor is the Secretary. The Spofford's are donating this property, there are eleven acres, part of it is on Fall Creek and nine acres is adjoining Mr. Besemer's, they are donating that to the Land Trust to be used as a public preserve. It would then be open to the public, volunteers will put in trails and it will be an asset to the community. It will be a real tragedy to have this use next to it, and is curious if the DEC would want to be involved due to the class "A" stream and the pollutants that would be washed out of trucks, oils, metals and gas. Then there is also the point that the Town put in the Zoning Laws for a good reason, there should really be an exceptionally good reason for granting a variance and I don't feel this is a good reason. TONY LEDNOR also spoke against granting the variance in support of what Betsy Darlington stated. isRoad Hazards in the area was discussed by the public. ZBOA 11 -14 -90 FAG. 7 A. LAMOTTE: as In regards to the comments of Land Trust, what would you consider an acceptable use for that piece of property? B. Darlingtons.A: On the spear of the moment It is very hard to say. This is not, I think that is the point. It has been a bird santuary for the last twenty years. T. Lednor: A. Something quite, perhaps residential would be appropriate. The Board reviewed the boundaries of the Spofford land and the Besemer land. GRAHAM DOBSON lives next to property. Moving trucks into a residential area makes no sense. 8 :00 PM HEARING CLOSED. The applicat 0 Havi the feet tree Dryd C HEARING OPENED FOR DANIEL MCDONALD hearing was op ion read: ng been denied house which wi from our west k road in viol en Zoning Ordi ened a perm 11 hav ern pr ation nance. t 8 • -' ssion e its opert of Se 1 b to ne y 1 ct i y Chai const arest ine at on 702 rman J. ruct an wall le 507 E1 of t Baker and the addition to ss than fifteen lis hollow he Town of Under practical difficulties and /or unnecessary hardship it is submitted to build the addition elsewhere would be difficult because of existing features: The septic tank is on the eastern side; the well is on the northern side. Secondly, the addition itself is one that requires a separation of features, adding to the east side would put bedrooms between the living room and family room, and probably require an additional bedroom. Third, adding to the north would place the kitchen in the middle of the house, leaving it with no windows. Please see attached. Ernest Bayles, de they asking for a but were also ask on the side yard, diagrams that wer get read into the since they were s signer for the variance to t ing for a vari FOUR feet on e submitted wi application b ubmitted, proj he si ance the f th th ut th ect de 1 to t ront e ap e pl st of he y pl an at ed set fron ard. icati s hav not bac t y It on e n only were k requirement ard. TEN feet was clear the that did not of changed i I J U ZBOA 11 -14 -90 PG. 8 A. Everett: Q. How big a lot is its E. Bayles: A. They have a large lot, but the lot extends back. They have 125 feet of road frontage but over all they have two and one half acres if not more. All three parcels on the map. The addition as proposed will bring this home in line with the over all scale of the homes in the Ellis Hollow Creek Area. They had explored many alternatives to adding onto the rear of the house. There is a well, and a number of major trees that have made that difficult as well. Difficulty with light and ventilation as required by the New York State Building Code and also making roofs, land and shed water correctly. The existing don't have garage is check already exact over the line. the The net is 10 feet plus four or minus. J. Baker read a letter Kellogg saying. "I ext pro was dat fro find end pert f i v ed. m th no ng h y" i e da e neighbor to th objection to Dan is garage a few t is dated Octob ys after the on e left McDon feet t er 22, ginal Mrs. ald oward my 1990, which plans were There was revision to these plans, but it doesn't change the side yard? Is that Correct? So instead of the 15 foot set back it would be a 5 foot set back. A. We don't have a tape check on the exact location of the house. The worse it would be is four feet, not right on the line they would stay on their own side. A. Everett: Q. Is the land, land locked? A. It appears to be as long as the McDonald's own the land. QUESTIONS OR COMMENTS? NONE HEARING CLOSED AT 8:30 PM ZBOR 11-14-90 0 HEARING OPENED AT 8:31 PM Chairman J. B 6cer read the application from F & T Distributors. Having been denied permission to exte Dryden Road, in violation of Section Dryden Zoning Ordinance. Under Pract and /or Unnecessary hardship are as fo var4iarice to bLLiId a warehouse additic 15 feet of the side property lines. that we have an odd shaped parcel and original building, which we Purchased significantly add to without a varian add to the front because underground sewar~ lines run in front of the origi effect cut the property in halfm n my warehouse at tx:7$ 905 -2a of the Town of ical Difficulties flows: We would like a n which would be within The reason for this is the Position of the makes it difficult to ce. We are unable to phone cables, water and real building and in We attempted like to purchase some adJacent close to it as possible to land from Cornell G'lantations the property. but we were refused. Since it is almost certain Cornell woLLld never build on this, and we feel a variance would not create an immiadiate or future problem. QUEST R. Everett: Q. What i add ter F. Prudence: A_ That's the fr I DNS s in e add the Qnt. F t i d ROM THE BOARD he area in front? Why can't you tion there? rive way so trucks can get out C?. You'd build right up to the property line? A_ I'd like to net as close to it as possible to utilize the property. a. What will you do with this new addition? A. The bulk of the addition would he used for freezer space. G!. What; Rio you distribute? R, We sell candy, tobacco, and food service products. D. Sordonaro; a. Did you attempt to get any statement from Cornell stating they would not object to this development? C ❑I E7 ZBOA 11 -14 -90 PG. 10 F. Prudence: A. No, I did not. H. Slater stated they were notified of the application. A. Everett: Q. Do you have a right of way to get to your property? A. Yes, from the Box Car. F. DiTommaso: Q. What is the purpose for the addition. A. We've expanded from being a candy and tobacco, snack food distributor to being a food service distributor. The present ware house space is full. We can't put in freezers inside there so we need added space. A. LaMotte: Q. What type of food service? A. We sell meat, cheese, french fries, etc. to restaurants. D. Bordonaro: Q. Where will you expand after this? A. Possibly a separate building in the front. F. DiTommaso: Q. What if you located the building now in the front? A. It would to coordi freezer s load the the one o separate coordinat and forth make us work o nate orders. pace now, when dry goods and rder together. buildings the ing the orders between build ut We we the I pro wi ing of two operations are asking for get an order would frozen goods for f they were in blem would be thout driving back s. QUESTIONS OR COMMENTS FROM THE FLOOR NONE HEARING CLOSED AT 8:45 PM 1❑ ZPQP 1 1- 11190 PG. i I MEETING OPENED nT 9:,;.15 rlM FOR TUTIONG ATTnCHED Ckraxr� man Balaer read a letter^ rrr%itten by Henry C3 la!<er3 7on III) y & Building Code Enforcement Officer% to Dj%el1Itia f). SC`hr'arji?r, G_ttf,rf,e Clinic Ltd. on Novl5mber 121 19 SO advising Gr-- bhV•ie Clinic to comply with the var°iarlce granted �9lWil�1�1. T!: 1 17rf nda A. 134A l r'$tde r, Gs,stllriE+ 31141rar`e gayYe, R,Z- { 1ElFlh{? I� C1rAtPrr'iF i.:l il,fr 1_.171.1. 1� F1r F i-lrrlr`y I'I. filaCt?r`, 7. rila 11'dilwn pr Dryderi 65 IE. Piall'1 Street Pryden, NNW Y019k 13tP53 �r1F ar't`i#hlelit tII'('i+, r- Sukx. a Stgrr Varlantle l;rZrik d fl,ig +A�k r'i ;�, ?0 For' In Dear Mg. SCP7r1,1(1pF': P ea:E bPI dVI p[tl J_ lli� l,rl lf; i' IF,!� r1fF{If^F'vei� t11,k1' ll,ry lr?a -•; 1 I ari Il?r'tarr!+Zr1 l h "PF G tY� }}? t?" ►'1'1 f Ut .a17iJ rF'nl'.7vi ?i'1 P'r „i1i 1. I1 Iri ['0w'rrer +:f lioyrz] 2t',rf IIcir7sllrmihr fx,:,-j+1 nn FFr' I.n I Pf+3r-1;y jr C,rstllr'll': Cl lair.. llir�s~p ttic, above lixMelt Ic,rr:,ci Yariardel* ur.sok 4vr,f I,r';riJ on trFE! ihG pres�r, tPkQR17 tl nnst I I.1 r3l tevr.. klirqk k1r„ i' {''irr,',x;.l qr SUCI' tl %$pl vi dZ,X,akeE3 the r_c,rdI k 101" , iry wl-lir„Pr kla., f,lr'�•r.l{ rr T.surn Z. I ?. fl, hxasQ!1 l'llg?i r �j,l -,ovn l ,f yti+�ir 1 'erl!It,?12% f . .t F ,1.td.`IV tr'ec!5 wf�rr F 7 laP 1!ii� kn k,g dytri[r, 2 rZ1r1 IArriESkIn �INel kl1r •tif rur.'ir i'I-[�r -, tk(!Ivovr?7'1 J. qqP;I 'j Ir1 bn 02F, kPl�k Ir1 , fr,i y,�'.A Wbas?i iI1PVl he ly,ll1.ilr'rill f0 r'e1.11aC%e z�riy ir'll 1 :1-rj1'3.- i believe E1iat Yd :IU nQW Piave to talr,5 ejtirgr -f 2 [iiF`i'r:t:7r,ri ?'. ]r yQ%q ir,kend t;?', erfpf.,l ktlr' vr1 ti rw�2, yrp %i ul�as.k i11u,i {' {iintrl, discontinue till? tLittiHtj erd t %Pr11,3v,1i r,r any Iri'+r'F rsyrr'rlri�crr flk the 5aulP Eiluc, YD ntmE{i to 6 r'rnla.rra 1;Irnr,j5- trTr& srllir`I, bC120 t'uk lFltlr ACC2$1tr.1b i?ver-g+'rlyr, tr'r?25 q,411.tC111 s4t 1 I motdAre helglrt of rrr, 1ed;n than II" feet. Tll(2- oklFrnl rllr'rr;F fir, r tc pr,ir'se, wti+,lld bp tho t:+ €IktiYli -kin l'Pae var'iarr,s #.11rl irl,.i! -w I:Ir4, sign wltliin 4r1� t ?rytln_r 'rows ski -ti2rk r%t3y-ilrrmpTrkr s,ir I!1 i'rnr!l' of eil'#ttr% r -:rod edgQ. .t waldI f1jr I: Ilor rerrrt i l'F'} F,hrzt TFit°.1? }'!aU Ilavr [,-, rcI u r.i F'_ rP rq decision, that YO iaoulrP resfinl-llf that dr_eirgil5r to llli-, Qrfice by Pittlnl- tallJn -1 at F.177 - -EVI4 -t 1} 2lr'1ytin11 br_ksv!�F•r p± {lfj Fl. M. ar1r,1 T #(AP P . III . hlnrilIlr7.y — Fkl-iri,ay ,n1' I,Y 541 Pi-i-p1'r rF.l9(FonGe. CIth+?F- wr y, hl r,ar. i? r ^! V.Fyr'I-rc1 wtkhlin i'f!lr il,--iy fllr,',, 1f yor,l ISIlou l +i 11avF. Any 1-1r -IP.G i+1'1a Cl pm rl!sr,jrF. F1.149 k I kP1% irlForraatic,n. {Jlerlr -tP fFraI Pri - e❑ to cci of r+er_-P%Lr1,IilyI Sl_� i errw-+9'M. Slater L C: JAmes SClrrlrl, i)I`ycirsr+ 1'owrr .Ixrer'vi .-,r Jaclf, Pak.er, CIr19 ., F}r'yrlen Town 7. P, fl, is MOTION AND SECOND 7b ADJOU RNA .. III F r 0 M M , „ t . MEE•TING ADJDURNED Respectfully Submitted, Jean Ry,Lrr* Se[:r°etary L 11 NOTICE OF DECISION WEDNESDAY NOVEMBER 14, 1990 A public hearing to consider the application submitted by CORNELIUS BUILDERS of P.O. Box 871, Dryden, New York to obtain a variance to establish a maintenance and storage terminal within an existing structure for their various businesses at or about 32 Etna Lane and is requesting a variance to section 751 of the Dryden Town Ordinance. A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Wednesday, November 14, 1990 with members present: Chairman, John Baker, Dominic Bordonaro, Francis DiTommaso, Alan LaMotte, and Ann Everett. FINDINGS: 1. There was strong neighborhood opposition to the granting of this variance. The applicant failed to prove uniqueness, reasonable return, or that the requested modification would not change the character or quality of the neighborhood. A motion was made by Francis DiTommaso that based on the findings variance be denied. Second to the motion was made by Ann Everett. VOTE YES (5) ILIE] DECISION: is jr (0) the A. Everett, A. LaMotte, D. Bordonaro, F. DiTommaso, and J. Baker. VARIANCE DENIED. ABSTAINED (0) Respectfully submitted, John Baker, Chairman U NOTICE OF DECISION WEDNESDAY NOVEMBER 14, 1990 A PUblic hearing applicant to consider made the the restrictions as application or applied welfare submitted this of the that the by F $ T DISTR18l1TORS of 1278 Dryden & T Road, Ithaca, New York to construct an addition to their existing comm2rcial warehouse facility at 1279 Dryden Road, closer than 1!S feet from their Forth West side lot line and is requesting a vc, r^iance to section 903.2 -a of the Dryden Town Zoning Drdinance. A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Wednesday, November 14, 1990 with members present: Chairman, John Baker, Dominic Sordonara, Frantnis DiTommatso, Alan L&Motte, and Ann Everett. FINDINGS: 1. The neighbor most affected "CORNELL" did not voice any ❑bjections to this application. 2. That the motion applicant did demonstrated made that the restrictions as str4ictly safety or applied welfare to this of the that the case community. are (,tnvelated to the public health, 30 That the granting of the variance would not adversely affect the community. A motion was made by Alan LaMotte that the variance be granted based on tht findings to F & T Distributors, 5ecorld to the motion was made by Ann Everett. VOTE YES (5) A. Everett, _A. LaMotte, D. Porckonaro,F. DiTommaeo, and J. Luker. NO jr (0) VARIANCE GRANTED. ABSTAINED (0) Ra5pectfully submitted, John Raker, Chairman El R plAbl is hearing t of 507 Ellis Wollo construct an addi,t closer than 15 fee a variance to sect o con s w Cre e ion to t from ion 71Z NOTICE OF DECISION WEDNESDAY NOVEMBER 144 1990 ider the applic k Road, Ithaca, his existing r their North We 3.2 of the Dryd at N es st en ion 5 eau Yo ident side Town ub rk is 1 0 mitted reque 1 home of lin rdinan by DANIEL MCDONALE sting a variance to which would be e and is requesting ce. A public hearing was duly conducted by the Yawn of Dryden Board of Zoning Appeals on Wednesday, November 14, 19SO with members present: Chairman, JDhn Baker, Dominic Bordonara, P-rancis DiTommaso, Alan LaMotte, and Ann Everett. FIiVI}IN S0 I. The neighbor most affected by this dpplicatinn had no objection5m 26 The applicant's agent comet unity. demonstrated the findings. that the restrictions as strictly applied to this case are unrelated to the public health, safety or welfare of the community. 30 That the granting of the variance would not adversely affect the comet unity. on the A motion was made by Daminic Sordonar•o that the variance be granted Based on the findings. Second to the motion was made by Ann Everett. VDTE YES (5) A. Everett, A. LaMotte, D. Bordonaro4 F. DiTummaso, and J. Baker. M DECISIONm, Jr (0) VARIANCE GRANTEI]. ABSTAINED {0} Respectfully submitted, John Baker{, Chairman E El Date: N,vernber 7th, 1994? Tc ?: Jack, Baker Chr. , D 5 Kric t l l wand Drive Freev i 1 l e New Yor- From : Henry M. r 1 at Pr, Town of Dryden 65 E. Main Street Dryden, New York, gl_tb.: Zoning Variance A Dear Jack: rycleri 'Town Z. E►. A. k. Zoning & Building Code Enforcement Office 13053) gerida, fcir NOVEMBER 1.4th :1990. Please find inclosed a ccipy :,f applications for 70,nir117 _l Variance Hearing requests. 76 AO Cornelius Constrkicticin is requesting a variance to establish a maintenance center- and storage terminal within an existing vacant commercial strl.Icture at Cor- abnUt u�'., Etria Larie. This is a ccse request tic, sect iorr 751. cif the R. r„ 4441 Zoning Districts requ i.rementst. 7:45 Daniel Mc:Dco r,a Id is request ir,g a varicxric:e extend his ex is ing perS,".irlaI r ^esiderlt ial s•trl-cctl_crr� closer than, the r-e9k.4irccl 15 feet fr ^...m arti ad j��inirlg side limit 1. i.ne at 507 Ellis Hollow I,ree.k Road. This is an area request to suet i o►°, 703.2 of the R. D. Zoning District requirements. a: COO Fu &`r. Distributors are requesting a varianc• r to extend their, existing cicirnroerci.al structl.tv^e at 1;?7H Dryden Read cciciser than the required 15 feet frow the ad•j�:: ininil side 1,09; 1 i.ne. -This is a are<� request to sect icn 9C►5. ` - -�� of the 17. !). Zconi.ng District regl_►irer�yents. Henry M. Slater rr C: Al.,l• Members cof th• ►e Dryden Tr1wrr Z. Ea. A. Jean Ryan, Rec. Sec. , Dryden 'town Z. B. A. Ztharra Journal hlewi�s 1,23 Wo State Street lthat::,�� New Yi°,rk 14654) At t er, ; Dpr rir a Carr, Leg zA l (Ids PLEASE PUDLISH no ,Iater% than 'fVMR9Df4Y N0 EIYIYXR (ith, 199=) ��nd bill the Tovin of VRYDELI. PLEASE TRKE NC17TSE that thR 7oning Board ,f ApprLells of t19r- Town of Dryden will concl�,�ct a public IAIear�La,r�g tc cerrr�,iclerl tl��� ap l is t iors t�fi ,r ry l i j.XZ $Lti, ldeV%S of FEU [7. BOX 8071 Dryden, New Y4:�r�k t obtain a •aarlrCR 1t0 eStab Xi tIl aL nfiairatrnnar, c lY'rLi Stnra tt =r irial Within 4�r1 Gorxist;ing Eitrrtrture fir iF }eirn var 1 , �_ts b �_� s i nesses at or, ats ,gat ; E t rya La 3�e anij i s r lmlr• �.�.est i r�1� t vai ^Yalnse sefIt ic�iri 1 of tFke Dryden Town Zciriiirig Ordinance SAID HEARI N(3 w� ,1, ]. be held Orr WEI;} ESDAY NOVEMBER 1471-17 1990 AT 7 m 30 P0 Mu I- jv%eva i 'l i nq It a we a-E� t •t h P 1 thyd erg 1'rjwr, I11Ia 1 1 G�� E. Main St reet Dryden New Y r�k �� t wi•k i C%h t i F11F, al i rat LMr e t ed cr r, wi]a by given ar, rgpp'rmtunity to be heard. pcm:�r�scjn i,ra aj:slmw�ar, I n peer siron ter, b anent. Bated : November 2nd rn Harry M. Slater^, Zorrinn Officer Town of Dryden 1 .,ft Budding O f ficiafs Association of the Southern Tier �Uo&e g -9D 14aof 1f)e7d1 ()4 v ed cv o u lob G e Y ,r n; n SO )W U 7 -ter � cS' ���P J C11 V s � y l�� S Y A eA N� 0SI /05 /) aAo4;r1r4r,-/ A ILA; h / / f 7f,-`/Al �,�� i 5 i V10 . u Nei Ip uejI haczleveY as i&e 114d (q, ye:0eIOU-Fja.14 /yid Sdrne U �% 6 7/&<P 3 6 � r/ �i h S &e1r d �. 0 Chapter of New York State Building Officials i F TOW4 Or UAYM NEW YORK. APPEAL TO 30APD Or ZONING APPEALS TOWN OF DRYDEN Having been denied permission kr). y shown on the acromp any ln9 App IIcakion nridJor pIanc; nr- other supportiiiq rinc.iimei,tr�, for the stated reason that Lhe is5rizince of such permit would Urb in viot,itirrn of I. Sectior� OIL 5ccti Ott (s) of the Town of Dryden Zoning OrdTnince- the UNDERSIGNED r'esfrectfullr submits this apDe,.I frorn such dV..n1,M.41 and ir, ru1)pnr1: of the appeal, affirms that strict obiservance or kIr,+ OrdTntince would fmpoee PRACTICAL VIFFICULTI ES anchor UNNECESSARY 11ARDSWIP t-rs fc�l iows : �_-_ if you have additional supportTng details of Tnformnt10ii, pip.ase attach such details to this application In make reference 1:0 strch attaclrnrent. BATED Dryden, N.Y. App II can t 5irtrtaWre: Address; L _""'' El ,sV'.� 45 n _ _ Y� 0 73,69 AG. X41 I i` 14.47 AC- [)IS T RIC • It;Ht � � / �I.11 AC. / 13,412 IT Qt6 y /7:8.99 AC C� 13.11 � � V 123 4 +u a 25.1 C%1 2424 AC pPy06 +' v s 12 .pG1' 0 O 14 1 AG 17 A d� 13.3 1.66 AC e, a•' S ' 1 AC. r. CAL- AC. 13.411 t '\ 2.47 C- 34 4 1.89 13.413 13,41$ •, AC 25.2 3 05 AC CAL 92 57 AC. CAL. 0 v p ' 52 I 4 f 49GAC !. •+' 3iS 21.41 AC. - Y $ 1l•1 x 13.43 AC C - 9 AC. IfJD'1 ' III x , W P GA5 s z YO RE 9 E EL CT Cn LEGEND.f I —9CN� SCMocx ag1RIC1 LINE fir �1 \1,1�"- �•� TIRE DI91M I LINE gTt.iE LINE _�� waitR 0�41auCt :_nlE• COIJNi•I LINE lrrr� LIGN1 1f19fRICT LINE - -p _ LOO paRx 019TRICf LTNiC _ fg f Op ROAVAl%r I-1 ••-' . w AOE 1 ENE — SEWER d �9TRICTIN` NE 141 OLOCK LIMIT ,•,•..,.k ' 1 - 27.3 "ci AC M ACM X 26 2930 aC. CAL• --- OLOCX N1i� R 72 FORCE4 APASER 041 OLEO 91 -OCK NUmuRR r O£EO L01 ett1 D Or,EO DIMENSION 5 SGa-ED 0',Mr""" CAL CALOA,Ism) &REA i- I 27,1 AC Y sI _ 1 q pin r— Jam. 2747. 24.79 .:r rnl R; 'N El 1411 N Bui.ffiny Officia(s Association, Of tfie Soui:Fi.ern Tier //- 8 -9D T4e q1(y11ea`cCf tad l`)lali 0a led J/ A E14 N0 rt / as UU(T in.i � 1F4.��,,�1 to no `'eoeruewati lwal,pkidrLj� ILti;�J r m m� �e G� (Ile L L/ G Y i h9 ,fa Mire `iQ�Yil -�q 'Sy jv /, (.0 Chapter of New Ynrk Cfafo mmml* ler%. ^4rzo .:_._ C7 El e JO Al y�- 7ra4 Cis Co Lr7w<4 C,/v. �v mil^ If /ems t � "w« wi [ "M� FO (L. `L wR O,, Z A ,w"POVCS •. r ,^l 1A% 44•1P �f- Oaf u uT! OF p f P v s Ls s/a C (S- S, �- N 1!:�w asp Lt, LS-6 &IAJ �� 1►�S i 151�Y7) � �N fN t M L C_ A # l /,Zci H oq� CN- Aj - y- C V11\1D Q3 �cb6vc � A tz wd 7dM r 3O6Z ,1J FILE: VARIANCE LETTER 0 Town of Dryden Zoning Board 08:20:38 TUESDAY 11/13/90 /90 21, Etna Lane P.O. Box 458 Etna NY 13062 Nov 12, 1990 04 It is disturbing-to 13 hear of an application blind crossing with for a maintenance and storage business to operate use this stretch on 32 Etna Lane a few yards from our residence, in and adjacent truck to the Bird Santuary. Some years back we had trouble safety with Moreover, noise at ALL hours of the day and night from a similar set up at this a site. This section of Etna Lane has an accident prone T junction with Route 13 at one end, and a blind crossing with Route 366 at he other end. Many children live in, and use this stretch of Etna Lane. Any increase in traffic, particularly truck traffic is to be deplored as a safety risk. Moreover, the siting of such a commercial venture within a few hundred yards of the center of a residential village is particularly inappropriate. We ask you to say "no" to this plan. Yours sincerely, Alan and Marjorie Dobson r I I E, 527 Main Street P. 0. Box 457 Etna, NY 13062 November 13, 1990 Town of Dryden Board of Zoning Appeals 65 E. Main Street Dryden, NY 13053 Dear Board of Zoning Appeals: I wish to protest Cornelius Construction's request for a variance to operate a maintenance and storage terminal in an existing structure on Etna Lane. The location in question is in an RB-1 zone, which was established to "preserve the quality and appearance of low - density residential areas compatible with farm use." Clearly, the assortment of 0 Cornelius businesses currently in operation on Route 366 (in a less - restrictive RB zone) are not compatible with this defined use. Am I correct in assuming the businesses proposed for Etna Lane would be an 0 extension of or a relocation of the current Route 366 operations? The problem with traffic flow from Etna lane across Main Street continues. There have been promises that some sort of traffic control would be installed, but nothing has been done. The thought of adding lumbering septic tank pump trucks and cement trucks to the daily traffic in this already dangerous intersection is intolerable. The petitioner may promise to exit from Etna lane via Route 13, but I'm sure Versatile Foods promised the same thing. Nevertheless, it's not at all uncommon to see their trucks pulling out of Etna Lane on to Main Street. The area described is residential and I hope you will keep it that way by denying the petition for variance. Sincerely, VL7 ® Ellen M. Bonn C ® November 14, 1990 Chairman Zoning Board of Appeals Town of Dryden Dryden, NY 13053 Dear Sir. We are strongly opposed to the application of Mr. Cornelius for a variance to operate a repair /maintenance facility in Etna at the old stone crusher property on Etna Lane. This type of business is incompatible with the high quality, clean, and prestigious business like Versatile that has established a facility which is a real asset to the Town of Dryden and Etna. We should encourage and concentrate such successful and attractive firms in that same location. Unfortunately, Mr. Cornelius has a reputation for operating facilities or businesses that are marginal, poorly maintained, and generally an eyesore in our community. His application would stand a far greater chance of approval if his past record showed his concern for aesthetics and his neighbors. We do not want or need any more such activities in the is more desireable areas of Dryden, either new ones or expansion of old ones. The Town of Dryden has the power, and we feel the obligation, to ensure ® all commercial development within the Town is appropriate, as well as constructed and operated in accordance with the best interests of all Town residents, and especially those residents most impacted by such development. The location of such businesses, the type of consruction, and the visual impact on the community should be planned, monitored, and enforced on a continuous basis. The area near the Gas and Electric and a portion of the adjacent Etna area are becoming a significant commercial asset to the Town. It is imperative that such commercial expansion in those areas is not random and , but planned, first -rate, compatible with the high quality of business already there or planned, and something we can all be proud of. The relationship of such expanded development in or near a residential area must be evaluated with great care. Etna is a mature and pleasant community within the Town and a proud residential area for hundreds of,residents. The type of business Mr. Cornelius wants to put there is not appropriate and poses a distinct threat to many of our residents. f Sincerely yours, (Mr. and Mrs.) Peter A. Curtiss 24 Upper Creek Road POB 536 Etna, NY 13062 To: A ti Town ►� 011111 l: �cn. ►21 ' r � �VSS � A. . CdtAri� 0 ��d. t O23 �rhn La►,� Eh�a, ��{ f3GYoZ D11iE: fo ov 1`Nb (����yui� Or�It�G1 v�ur,tlwlf for GlPU��Ura,lvv►r Ca 3Z Laos Ulr, vdrif;►i to QX r( s rt,Y 0�}�t)S�Nuv) by 't(u P)b I,�Itd Li(i VC, 10 v) eof p ( OL h�nIII kYlantQ �c!�� s� Ij tit t� Il l C 3 L �tbt� ►1 I I 1 EI' +1a . ' L f' h 1�n i9 l Q -I I j ht•1ij SiEi, i) (AGCU� 100 Y0.1��1) f�U► fltc C1riVtWLl fa Iii I't�i �<<t(C cc� Z?? Ctm Lc�ttt. Gv ire coi ql) Efha 4r)t 1X I 511ticvtliat 09 ft,q, VECSAh�e pp c r FIte, conivrr t�if ko p Qoc>� tut.1�IF• � ufc f3. KQt tl:1QF i11e use of C) t�► -ilt tGf� o►t G�h(t LLIItC Al (()1►)I,ierrlu W �tSES f P1 ® 6�9u1�� OltrW � ►� flit of resitleo ha eltpnt(,I r �Ivc Arm, rht Ular(y the c'� 1-11A i 11 fct.)u►1tt 0111d sur'A q. dr'�'c t'► wtot�, c�rvd I � r 111 11114�nAI Frvc(< kn Pki. at F1,�,t La r1,►�L� culi�c�� A�pE'(ir5 tc tr��tt.4. L I 1.1C lo(I- • ( to F1,t dCct�, �� C1 Lit Atut Otte (1 � ((�� ht, St,rrat�t I „} a r('t;� I ill Er [ f�j1'C V)'j, Q t1a Co 1 to i'i©tt I., � S flex 1 ILc r U �crL rr 1 s il�Lfrl f n El . r..l Tbw\ f bi -- .0 P..r.n(1v i - 14 06r.:c -ter'J OS,� 11.2 92 51 AC. CAL. .5 L. �ryC;K IR.►A'CR LEGEND f �r ScN� PAP W0817.R ICT MME i ! p(EV OLM" NwnER qC /' p15TR - -- �•— rfa 015IR!f;T VILE rMI`� uEEO I.OT tj qyj% gtRtE LINE �� y,�pTFa WSTmC( ' -° �L"� OEEO p�MFN5ION �ptY L1T1f, _ f LIONt f115TRf� LINE 1R qC N.FO OIM %N�7�p 15TR1CT L ! +9 atCIILATEO ARE �� PARK O LINE _ TdMN LINf , s�� y1EIt GIST RIOT L fH�r � a00%5 ttr V1LL ACf. 1 ENE ` .+ H ORANT 61STAICt µNE l / BLOCK LIMIT r..,.L now Q Ta ; 0 S CAL :1 �1 lei' in a.ea. n Z. nc.rnL "16 %s 24 79 .:' c Pd R, x y 0 L I i L. Ithaca J'i_vurnal News 123 W. State Street Ithaca New York. 1485! Atten: Donna Carr, Legal Ads PLEASE_' PUBLISH n_ 'later 'than THURSDAY NOVEMBER Sth, 1990 a. r,d- bill the Town of DRYDEN. PLEASE. TAKE NOTICE that the Zoning Board of Appeals �,f the Town of Dryden will conduct a public hearing to consider the application 1Z,f Daniel McD,_ona.ld of 507 Ellis Hollow Creel•. Road Ithaca, New York whom is requestir•19 a variance to construct an addition to his existing residential hovie which would be closer than 15 feet from their North West side lot line and is requesting a variance section 7(.)3. E of the Dryden Town Zoning Ordinance to dry sae SAID HEARING will be he 7s45 Pr M. prevailing t Street Dryden New Y1.-1r will be g i ven an 1 :4pp:, Id on WEDNESDAY NOVEMBER 14TH, 1, 900 n1a i me at the Dryden Town Hall 65o E. Ma i. r•, k at which t i nre all interested per °!BC ns rtun.ity to be heard. Pers in may appear in person j:or by agent. Dated: November 2nd, 1990 Henry M. Slater, Zoning Officer Town of Dryden 0 TOWN OF DRYDEN NEW YORK • APPEAL TO BOARD OF ZONING APPEALS TOWN OF DRYDEN Having been denied permission totxuCt an add;1i3On to the ho rzq. lich At Dryden, N.Y. as shown on the accompanying Application and /or plans or other supporting documents, for the stated reason that the issuance of such permit would be in violation of Section or Section(s) of the Town of Dryden Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial and In support of. the appeal, affirms that strict observance of Lite Ordinance would impose PRACTICAL DIFFICULTIES and /or UN14ECESSARY HARDSHIP as fnilowt' to build the addition is one that difficult the well f rarn i i ern c m the septic ion of features, adding on the east .- ;• • • .a• •.nom •,- -. MTZ=Mlkvs more ..•�� _.• .Yi i .q•. • ••,.• of the house, leavini it with no . i= see attached. If you have additional supporting details of information, please attach such details to this application an make reference to such attachment. BATED Dryden, N.Y. Applicant Signature• Address; 507 Ellis Hollow Creek Iii. Phone Number; 539 -6677 Date 00 10/15/90 1 o pos �,D 14E ou;LCh1E of LXiS r NG r } e C t a CVTLjm E: -OF 0. � II �I I Ii I I ArPli:PxlMhTE LOCAT.tox_+ i N LI C*A 50F U NVA i 06U - — � I I ' I I . i 1 I xj to 06 • k E i 11 •r. LA s �D • t �J 's'�ttd S : t pt N pt e a Z i v9v� 3 f.. t 4. I - 0 i 0 s yy w ` � O i ,. Qeyr o� 0 ' e i o a 16 y����7 v 4 e A' A r fi 1 i a� ILI z f� i 1 E� t C 0 E l cLtt a a Nj) 16 4�4tz 4 %�t lt�� v � �vj �w a� 0 , s o 7Jro -Q�.ur � col CJ i 1 t h1 elL i „l•oLlx' ma l News 1.23 W. State Street Ithaca New York. 14850 At t eri : Donna Carr, I_e q a 1 Ad -es 'LEASE PUBLIGH Flo later than THURSDAY NOVEMBER 3th, 1990 and bill thLa TiDwri of DRYDEEH. {LEASE, TARE N(YricF� that the Zoning Etoapri Town of Dryden wi�.l corid�.ct a Public hear�irr,9 appl i cat iQ0 C'f 1° T Di st r i. butor s of IF78 Dry Mew Yrrtr whl =lrrr are regkmest irrrg a v;ar,iarrce addition to thf;:ir} exirsting cr'gmmerc!�xaLi ], wareh Ia7B Dryden Rcad5 c1fi5er tharr 15 feet from {aXde l r_ t ] X rie and AWL= regr_test- i rig a var; iarr�e c,f the DV] ` d2n Town Zrdning ❑rdirriaric� tia +dhD so,, L= Appp.als C1fi the to consiijer trlrE {Jen Fjnad 1tM 1.7,jr�; , to constr~UCt arr JIJSrw faci 1 L ity at their hjokJLtrr West sect 1C,rr 9CC 5, ;=..a SAID HEARING will bi? held on WEDNESDAY NOVEMBER 1 4TH, n-j- 800101 P. M. pr° va i 1 inON .� ir�i at the Dryden 'down [-Ial 1 es c, 14ai.Vi 5r•t Drdr°r blew Y.-r`Fr, ,3t which tame all i Fit ere ;3t��ti ��Pr,sorr s w i 1 i be g i ven rin kD ppi -,rt• 11 m i t y to be heal b.. PiRrsj_.jrri rriaY a ppearl in person rr by agerrt. I)at ed ; November ; :;raid, 19901 Henry M. Slaterw, ZQning Officer 7-Own cdf Dryden, 4 �1 I !I t bLcr CA TMN OF 1)RY0UJ HEW YUY, APPEAL TO ROARO Or ZONING APPEAU TOWN OF I11tYIIO Piny Tog been dCnied p!;rmr9sron FiIC shown on the a cc: or"panyIaq AppIIKntIop, anilJor joIa,IS Or' 4)0i,cr suraliortIjgj +roc, InnCnl %r far the staterl reason tllat tli,c is;uonce or smc, F,11,111 i t would Ile In v tIr i pr 5ectlon or Sectlun {s} .05 C a ow of the Town of Rryden 70nrik4j 01,din,11pr the MDERSrGHEU respertroly 5vbik,its oois nP�cnl from ^tics denial dnd Ir. sjrijlr,nrt OF. the appeal. afrrrins thDt strict observarite of Lklo Ordinanc¢ wolrld inipn5e ryPACTICAL DIPFIV)LTIES ,m4nfrlor LJUNEEESSARv rid imrrP as f f I I I owl 7 fa e,n.,rr_ 1% itrulf h P..A tt_ �r -, Ld __ _ = �Fa�rri -�:a.iirir FT �� ►'�+i I��� flue. ,� { is .1. a {1 �l i i i • � � �. 1 I f } t J t fr ■ r �t � � r C•tETL€ ibsSe 7. V AUAij[m r IF you have addltIan,1l surpurtriirj details of Ihfnnubtlor,F PI(.tsg tta lr Such details to this'applICation An make referfiner, to euc11 att�lrlinent• DAM) Dryden, po y m Address -m 111 IYOr1e t {Urilber t Data ev / iJBfR 6.30_.�� 242 � OoDS r r El CJ 7jwPS6 p iitql►$► OR _ • ii lei'r Re 00 OR R S ,. <) � � o �A � lsk y � s - 1'tc d� . s ti OF .a 0 m h O �1 I; n b Oo �d l - -ti 1 El E a i• 0 r sy 3 (n g 8 w - -- 4-4--- d� r f ' I --s —= a � x• r r, c L' w 01 T00 00 o c7 h El E a i• 0 r sy 3 (n g 8 w - -- 4-4--- d� r f ' I --s —= a � x• r r, c L' w I�i • u r CORNELL U N I V H R S I T Y Finance Division October 23, 1990 Mr. Frank Prudience F & T Distributing O® VWV 1228 Dryden Road Ithaca, NY 14850 War Mr. Prudence: X am responding adjacent to your UAs ti,Tlle. Rinl relate 1 lelarlment Mail: Iln% DI • Rril I Dale Cornell bi*ineq:i & Techncdmhy Pat Ithaca, NY 1.1853•2KII 211'I'hornw4.WVrive,%mite103 Tek0(tjji 607255-5AI Ithacm, New Ynrk 1854 Fahimik: 61.17 25'yLMtil to your request to purchase certain University property business. UnF.ortunately, the decision is not to sell at Please do not hesitate to call if you have any questions. Sincerely, / Hof ubouus P, Li igne TPL:tob • • Es IM AIER 630 .. ti, 242 I I i 100 aQy I Y T pzt� P rII'#j {1 4 L' oll lb F �+ F � � Tye 1, .r5 "F,r . i �.} f�jt ��,• .. . sue' J. ra ' '. lop " lop s r rp re Aj cwpzo, ell= q a 1400 + TOP +r. Ed,4 % 1 Ell } T •a . I- 5 "� 1 f 4 , 1 Y"Vli qs 4 �d r . 0 'T str cl 0 rt r -r i I -� 1- f I I i Ad ,V f,. �M La Q u 0 I� -- f 4y i �7 4a. / �y Zir ,c N qr ry YO 426 Lj ev Lbj Lo u 4 by Cd Q n Ei r g a iJ, i i y -{ Date:November 2nd, 199 To: All Members, Agents and Departments of Dryden Town Government Sub: Amendment, to the 1988 Editions, of the Dryden T,Dwrn Zo ::,ning Ordinance. Dear Ladies / Gentlemen: Please find inclosed a print par_k8tle f1-ir use with the 1,988, "Green" edit i cnr, of the Dryden Town Zoning Ordir-iance. As y; �i,t, l l note, this package contains al]. amendments up to and including the most recent adoption of Octobe.w 2'3rd of this year. ® if you shcmould have any Arrest i, -,riC or desire further detail, ple,aT�e feel free to ci .-ont act this office as necessary at 844-91; c:► het ween the hours of 8:00 A. M. arid 1 : OC) F,. M. Monday - Friday. Very truly yoP.Ars, Henry M. S 1 at er CC: James Schug, Dryden Town Supervisor 3tiUI.� hl�'I)IN, NV: iUtK 17WN Oh es EAST MAIN SineCt, DnvnfFl, 1rrw vunrc 110711 807 -014 -9120 In 11Jt Ilnrrt of tke 1 "ir1�rr l.,alrr Ilr(irur ZONING A eUILDINO CODE EWOCEMENt $0 . Uke : April 20th, 1989 Sub, ! Zoning. Amendment (1) Pev. (A). Create s( it.C.) zonlrrq Di ,(.rice. Adopted March 14th, 19 8j By the Dryden Town Roarrl I1y Itnsr,lulion #(86) Effective Apr1130th, 1989 Printed Notice of Adoptirin: April 20th 1989 This amendment returns a section orli,A. Zoning to R.C. zoning" In. the 1!all Lloods# Lowey Creek,'r; Plckney -Road Area. (Sec Modifled Zoning Nap Attacment. Zoning Amendment 19 (2), 11ev, (B }, Creates .a new (lydirr.,nce to be knuarn as, " The Dryden Town Traffic Ordinance ". See pg. 117 Adopted by die Dryden Town Board, Apr. 11th, 1989 Notice of Publication on!, April 21st, 1989 Effect D,,lc; )tay Isar 1883 Zoning Aniendmen t The following sect attached Notice). ® Adopted by The Dry, Notice of-Adoption Oh Ilud Seal Requirement: Rev. (C). Phsolution N 125 May 9th, 1989 Ions of the Dryden Town Zoning Or-cllnance .)rc Affected, (Sec At a Special Meeting held at the Varna Community Center May 23rd, 1989 den Town Board by ips, 1 �5 on F1.,y 9th 1989. Adopted May 23rd, 1989 Published ori! Ila 31st 1909 -Effect Dale :_June 10th, 1989 7,unl,n8 Amendment Clt,,rti,C n pOrt.l(-rrt or lt,(;. 7,4 %1 L'r It.It* i'onr, By Resolution 0 172 of ,lnne 27010 1189, 1'nh,l..i;:ht•d 6/.3i) /4111) I'.rfc%cL3.vr. .1t0y 11th, S1.1 See attached Map for new irc!a. Amendment 19 (5) Adopt Local Law r9 (1) of 1989,By a vote of the Dryden Town Board on May 9th, 1989 adopted the: ( Local Law N 1 of 1989 Regulating Septage and Sludge Disposal in the Town of Dryden ). Said Law shall become effective, ( July 1st, 1989) A copy of this law can be seen at the Dryden Town Ilan, Amendment # (6) Adopt Local Law ;9(2) of 1989. By a vote of the Dryden Town Board on May 23rd, 1989 at a Special Meeting Heid.at the Varna Community Center, the Board Adopted the: ( Local Law 0 (2) Establishing the Sewer Rent Law for Dryden Sewer District # (2) in the Town of Drydenl.Said Law shall become effective upon filing with the Secretary of State and compliance with the provisions of the New York General Municipal Law. Amendment $ (7) Amends, Local Law 19(2) now to known as Local Law N (3) Of 1989, By a vote of the Town Board at a Special Meeting held at the Varna Community Center on June 27th, 1989, the. Board Adopted the Amended Local Law # (3), Establlshing the Sewer Rent Law for Dryden Sewer District 19 (2) in the Town of Dryden. Said Law shall become effective upon filing wl•th the Secretary of State and compliance with the provisions of the New York General Municipal Law. Said Law replaces Local Law N .Q) of 1989 and Is available for pub .11c.use at the Dryden Town Hall. j1 J TOWN 014 1JRV1JJ3N 6 - DRY1D1iN, N.VW YORK t9 Wt MAIN iliac, bnrbtN, lim Yonk hw 90 -644-1126 2 tkd A hUltbilm bobt tNtohckMtNt lutti June )11th+ 19119 t4 7011 i hq 1ltnehdnten t s. In I& Ilearl I& reinscr I.A. Regimt Amendment I (n) !Intends Local Lnw Aj how to Of 19119, this ntnen4ls Local Law A(3) or 1989 Ambaded by 04141100 thereto a hew sub -s6ct ion b be krtnwn ns LocA l Law WO It ) as follows! Sectlon 5 Is as rotlows: d) the blatritt 011 review the sewer rr.nts at least annually m1d revise tltb' fates tie; necessary to ensure that ac{e41►tate rrvenue4 ore gCtiet6ted to hay the costs of Ihc1u41�Irh rhpiaeenicnt and 114at the tor the prohortlnnnl dlstrlbutlon he III4:11 hq cull 10ef".11ten t costs 01,10,19 Ameh4lntr.,1 t Mdlttnnce. or brydeht as trn +n or rro►„ nil hn � �h) Atnen�ls Sect 14�n 0s fiollows! AlI tint county ofi tnmplc (ns and hrydcr, tnx hap hnrce l s 70111110 hlstrlct, to n11 opernt Ion and malnte!nahee system c0ntlnues to provldr or operntloh And malnterlance users and user classes. 1101 of the t4,wtr of bryderl 20111119 ti-nct or parcel or land In the Invoi1 State of Ile'rr, York amid belnq 111ent 1 f led 55 -1 -13.12 and 55-1-15- Is cllnngetl Ph 7ontn4t tlstrlct, tinted! 9/73/119 Amendment # (10),amends Article XXIV, (24), Reimbursable Costs. Permits the Town to collect engineering & others fees Incured by the Town during any and all permitting processes. Adopted by Dryden Town Board, July 10th, 1990 Takes effect on August 1st, 1990 Amendment # (11), amends Section 1804 of Article XVIII, Adminstration Section of the Dryden Town Zoning Ordinance. Change attached. L J TABLE OF CONTENTS ARTICLE PAVE I Title 1 II Purpose ..... 1 III Definitions 1 IV Zone Districts 1 V General Provisions 1 VI Deleted V1I District Regulations: R - -B 'Zones 1 VII -A District Regulations: R`0E 71Zonet3 2 VIII District Regulations: n - -C Zones 3 1X0 District Regulations: R - -D Zones 5 X Mobile Homes 6 XII= District Regulations: M - -A Zones 6 XIll Permits 7 (General Requirements, Existing uses, Public Hearing; Specific Requirements XIV Off- Street Parking 8 XV Signs 9 I Special Regulations •••.•10 (Lots of Record, Obstruction to Vision* One Lot in Two Zones;"Airport Hazard Area* Abandoned ,Cellar Holes and Buildings) XVII Nonconforming Uses,. 11 (Continuance; Extension or Enlargements Changes; Discontinuance* Repair and Restoration) XVIII Administration .soft 11 (Enforcement] Building Permits; Certificate of Occupancy; Health Department Requirements; Violations and Penalties) XIX Appeals ..,.. iZ XX Amendments 12 XXI Miscellaneous 12 XXII Planned Unit Development Districts XXIII Site Plan Review Board 12 XXIV Fees 14 17 Appendix A. Definitions Is Subdivision Rules & Regulations 21 Mobile Home Park Ordinance 32 Mobile Home Ordinance 35 Cemetery Ordinance ...,. 41 Local Town Laws Town of Dryden 41 Traffic Ordinance 00000 42 NOTICE OF ADOPTION ZONING AND MOBILE 11OME ORDINANCE AMENDMENTS TOWN OF DRYDEN PLEASE TAK9 NOTICE that at n npecial meeting of the Town Board of the'Town of Dryden, Tompkins County, New York, Held on May 230 1989 the Town of Dryden Zoning Ordinance was amended. The amendment of such Ordinance which was amended to read as follows: 1• The Town of Dryden Mobile Home Ordinance is amended as f ollows t ARTICLE I. GENERAL 19 hereby amended b renumbering Section • 102 (1 f 'tis Section 102: and by adding, thereto a new J)(a) Mobile Horne Mobile Homes to read as followsparagraplv (b) Non - Conforming (b) Non -Conf orming Mobile Homes. A structure wlsi.ch would be a • mobile home as herein defined except that It ` lacks the certification required by the United States Department of Housing and Urban Development and /or !t does not comply with the National oManufactured Home Construction - and Safety Standards shall referred mobile home ". to as a "non- conforming ARTICLE II 6 INS amended b pFCTION AND ENFORCEMENT' is hereby ® read as follows tng a new subsection (C) to Section 201 to (C)" Non - conforming mobile homes permitted in any zone in the Town of Dryden . are not 2. The Town of Dryden Zoning Ordinance is amended as f ollows l ARTICLE6 III. DEFINITIONS is hereby numbering the first amended by two paragraphs as ••Section 300 and Section 301 and by adding thereto a new. Section 302 as f of lows t Section 3020 Sections 102(,1)(a) and 10201(b) (Def in i tions t Mobile Home and Non - Conforming Mobile Home) of the Town rf Dryden Mobile Horne Ordinance shall apply to this Ordinance. ART 1ecE X. adding a new section MOBILE FIOMES is hereby amended by tlon 1003 to read as followss Section 1003. Non - Conforming mobile homes are not per tted in any zone in the Town of established non - conforming use. Dryden except as an home may not ire 'used to replace another n n nf �conforming mobile home. This amendment shall take effect after publication as provided by law. and 0 B order of'the Town Board Susanne Lloyd Dryden Town Clerk 1• tocni Law ® entAbllaliin the 12) and filed . by n" dmOhdod by Loc Elie BecretdtF of f Ol lewd 1 A. "'act toil new htlb- neetion d 1 71� No. 2 of tine yyeat 1909 (A Locht t.aw sewer ttent taw E4 nryden Bower nistrict the 9e "Eary of Bute on May 26't 19!)9 And 1 to ono. 3 of Ehe year 1909 arfd filed by A±qLX,!!ft..j to hereby amended an 5 le hereby amended by adding thereto a an followal nrinually rand brevige tthe lrat " ian addquate revenuen are generated operation and maintenance including "yatem continue" to provide distribntloh Elie newer rent" at .lea "t hecen"ary to enure that to pay the- Coate of replacement and Eliot the for the propoktionel of operation and maintenance lheluding replacement COOED among peers and user else "egg 26 TWO I.vehl Lao bllall take effect apon fillht) with "'theV secretary of state and Elie comp tlle New York General Muhlclpel Law lAhce w! th 'the provl sio . he 0 of '""1019U4144111 117111 AMP111) 1•0411 t1r hnYllt;lt yutt). W Unit.ttlAM41to - -- - 1• (�+ ttn.l,ht Irlltr trr rrr�.,l l'Icn rr,.l..l.r�ulclg tenv.lut irnc rricJ rtl nnkeJ rot I trr nolart Ivcc t to R1;�.111.VIrp� tl Lhr tc,l lc,wlnU nmenrlel't wnn mode Lice 'rtnon nr 1)tyden zor1lliq ^.- t.1rc11 bfl�. rr f:1117 'yawl' to htyclnrl 7,01 -1 OrJlnnl'ce ear I,nl nm�tlderl In hr,tAlly nrnel'dnd tin follow, t "Srr -t Ion 4111 . A 11 lnrrd Il' Clip '1'rwl' of 1)rydel' nlrn 1 1 r a 1 l wl 61 1.11 nrtp or Flr^ es tnbl l shecl zones nn showl' nl' n moil, en 11F,� ^ct "'bawl' nr 1,ltyrir.l' Zottitrg M=in" and or.lgJl'nll.y �rprrlrnd by I;gtrt•r llledetkor11 Annoc., lnc. and feel revised 9/0/89 ". 11'h� nt.• 1 (.a he nErec-End by such chn11np 1l' mote Irarticalnrly dencrl.b!±r1 l's follows r ALI, 1YlA•f, 'latIAC41' Oft PAnUp1v ()t% 1.,11111) gl EU.�ta 1 n the 'i'own of. UtItrlpnr Cott l'ty or: '1'cvnnkll'g and i3Ento t,E Nr_w York al'd hell' Icl�n tl E led tt/3 1'nw11 ccf Utydel' tax Mnp Vnrcelrs 55 -1 -13.12 nttcl 55- .1 -15. 1 '14110 crI rcI•, or th1n Pori v" f1n7CKII1!+11 rrnm nil 1►lhl:t 1r1:. • 71111 Clnc 1:Vriccn Posted in Ithaca takes Errect on tt,nr.�11dinr3n E wl 1. t bn kr) cllnl'ge 1111 7,0,11 fill U1stt lct tq nn Journal ncr.t•1 entl votr. — n,ll. vrrtlrrr 9/13/09 9/23/09 Clip n rnn I'M 7.0111110 ver1 titrllnmicr. TOWN OF DRYDEN TRAFFIC URDIMARGE 1. This Ordinance shall be known and cited as the Town of Dryden Traffic Ordinance. 24 This Ordinance is adopted pursuant to Article 41 of the New York Vehicle and Traffic Law and Article 9 of the Town Law. ' 3• This Ordinance shell apply to all the Town Fiighwnys outside of the Villages of Dryden and Freeville. 4. Upon the recommendation and report of'the Town Highway Superintendent indicating that it is in the public good and in the best interests of the Town road in question,the Town Board may by ordert <a.)Temporarily exclude from any portion of any Town highway any vehicle with n gross weight of over four or more tone or any vehicle with a gross weight in excess of any designated weight on any wheel, axle, any number of axles, or per inch width of tire when in its opinion such highway would be materially injured by the operation of any such vehicle thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official Town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board. Upon written application by any operator of a vehicle subject to this section, the Town Board may issue a permit providing appropriate exemption to such vehicle, if it is deemed that said vehicle is performing essential local pickup or delivery service ® and that a failure to grant such permit. would create hardship. Every such permit may delgignate the.route to be traversed and contain other -reasonable restrictions or conditions deemed necessary. Every such•permit shall be carried on the vehicle to which it refers and shall be open to inspection of any peace officer, acting pursuant to his special duties, or to any police officer. Such perfiits shall be for the duration of the restriction imposed under this section. (b.) Exclude ' trucks, commercial tractor - trailer combinations, tractor - or tractor - trailer - semitrailer combi specified by such Town Board. Such' construed to prevent the delivery or other property along the highways fro combinations are otherwise excluded. vehi semitrai nations exclusi pickup m which cles, tractors, ler combinations, from highways on shall not be of merchandise or such vehicles and (e.) . Exclude trucks, commercial vehicles,. tractors, tractor - trailer combinations, tractor - semitrailer combinations, or tractor - trailer - semitrailer combinations in excess of any designated weight, designated length, designated height; or eight feet in width, from highways or segments of such highways. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles or combinations are otherwise excluded. 42 So The Town Board shall cause to be determined, for all bridges, O culverts and elevated structures under its jurisdiction, the capacity''in tons idf two thousand pounds) which the bridge, culverts be structure will safely carry. At bridges, culverts or structures of insufficient strength to carry safely the legal loads permissible by section three hundred eighty -five of the New York Vehicle end. Traffic Law signs shall be erected to inform ' persona 'of the safe capacity. 1 10 6. The legal overhead clearance for all bridges and elevated structures on highways under the jurisdiction of the Town Board shell be determined. The legal clearance shall be one foot less than the measured clearance. The measured clearance shall be the minimum height to the bridge or structure measured vertically from the traveled portion of the roadway. On bridges or structures having fourteen feet or more of measured clearance, no such signs shall be required. 7. The Town Highway Superintendent shall cause to be posted any ouch road, bridge, culvert or structure which is subject to any restriction, regulation or limitation in accordance with the Vehicle and Traffic Law Section 1683. 80:: The provisions of paragraphs 4(a);(b); and (c) which permit the delivery or pickup of merchandise or other property along the highways on which such vehicles or combinations or otherwise are excluded shall not be deemed to permit or allow delivery or pickup other then as herein set forth. Delivery or pickup shall includes regularly scheduled garbage, trash or rubbish removal from any residence along such highway; the delivery of building products or materials to a site that can only be reached over such highway= the pickup or" delivery of school children; the use by farm machinery,, or equipment; the use by Town employees operating Town.• highway equipment for paving, reconstructing, rebuilding or maintaining such highway (including snow plowing); and the use by fire apparatus or other emergency equipment. Delivery and pickup shall not include regular and continuous use by such vehicles as a route 'to reach a particular site or as a through highway' between two or more other highways not subject to similar restrictions, regulations or limitations. 94 Any person convicted of violating this Ordinance on the first such conviction may be punished by a fine not exceeding 5250.00 and by a period of imprisonment not exceeding 15 days. Upon the second such conviction of said person the fine shall not exceed 5500.00 or and /or 90 days imprisonment and for a third and all subsequent convictions the fine shall not exceed 51,000.00 and the. period of imprisonment shall not exceed 1 year for each such conviction. . 10. For the purposes of this in question shall be deemed operator of such 'vehicle and operator may be convicted of punished as set forth herein. Ordinance the owner of the vehicle to be a person as well as the both the registered owner and the a violation of this Ordinance and The Town Board may also maintain an action or proceeding in Ch" naive of the Town in a court of competent jurisdiction to restrain by injunction the violation of this Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. 12. This Ordinance shall " provided by law. Eli, 1] • 1 1, take effect upon publication and as 0 r1 LJ l NOTICE OF ADOPTION OF AMENDMENT TO TOWN OF DRYDEN ZONING ORDINANCE PLEASE TAKE NOTICE that at a regular meeting of the Town Board of the Town of Dryden, Tompkins County, New York, held at the Town Hall, 65 East Main Street, Dryden, New York on July 10, 1990, the following amendment was made to the Town of Dryden Zoning ordinance: Section 5, Reimbursable Costs. of Article XXIV of the Town of Dryden Zoning Ordinance is hereby amended to read as follows: 5. The reasonable and necessary costs, fees or disbursements incurred by the Town or its officials for consultation or review by Professionals including architects, engineers, landscape architects, surveyors or others of any Application for a Building Permit, Certificate of Occupancy, Appeal to the Zoning Board of Appeals, Application or Subdivision Approval, Application for a Planned Unit Development, Special Permit for a mobile home park or Site Plan Review and Approval shall be paid by the applicant. This amendment shall take effect provided by law. Effective, August 1st, 1990 after publication Susanne Lloyd Town Clerk and as • Ame4ndment # (11)0 • E NOTICE OF ADOPTION OF AMENDMENT TO TOWN OF DRYDEN ZONING ORDINANCE PLEASE TAKE NOTICE that at a special meeting of the Town Board of the Town of Dryden, Tompkins County, New York, held at the Town Hall, 65 East Main Street, Dryden, New York on October 23, 1990, the following amendment was made to the Town of Dryden Zoning Ordinance. Section 1804 of Article XVIII of the Town of Dryden Zoning Ordinance is hereby amended to read as follows: Section 1804. Enforcement and penalties. A violation of this ordinance is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. In addition, the Town Board shall have such other remedies as are provided by law to enforce the provisions of this Ordinance. This amendment shall take effect after publication and as provided by law. Susanne Lloyd Town Clerk Adopted by Majority Vote of the Dryden Town Board, October 23rd,1990. Date of effect, November 9th, 19908