HomeMy WebLinkAbout1967-11-16'r
T O'dN PLANNING BOARD, T CWN OF
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Imi YORK
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The Town of Dryden Planning Board opened its November meeting at 8:07 p.m.
at the Town Hall, with the following members present: Chairman pro tempore
Len,emann, Mr. Hanford, Mmes. Hardesty and Keech, Messrs. Paterson and Sheffy.
Messrs. Reed and Curtiss joined the meeting while in progress, with Mr. Curtiss
assuming the Chair at that time.
Also in attendance were Messrs. H. E mops Ogden, Town Councilman; Arthur
Clark, reporter for the Ithaca Journal; Mr. Stanley Bradley with Mr. Don McKee,
Professor Frank Gilmore with Messrs. Matt McHugh and John MacNeill, and 191r. C. W.
Sadd, in connection with various subdivision proposals'; and Messrs. R. W. Everett,
R. Gallagher,'D. S. Robson, and John P. Tomkins attending as interested members
of the. public.
Public Hearing: Major Subdivision -- "Windy Knoll, Stage 40," Honey Butter Products,
T. ^ 17 rtr" n" RnoA _ Tt.hnnn _ N.Y. (C. W. Sadd)
Advertisement re public hearing read aloud. Mr. Sadd described his proposal
in brief. Mr. Lengemann noted that Mr. Sadd had obtained Health Department approval,
that road specifications had been approved by the Dryden Town Highway Supervisor,
and that the map had been drawn to the specifications of the Subdivision Ordinance.
Copies of restrictive covenants were submitted. No communications had been received
by the Planning Board from the public regarding this proposed subdivision.
Mr. D. S. Robson evinced interest in the project, stating that he was very
happy to see this subdivision take place since he believed that it would enha�e
the value of surrounding properties, including his own.
No further discussion took place. Mr. Leng.emann announced that, in view of
all requirements having been met, approval of this subdivision was a liklihood,
and would be decided upon following the hearing.
Major Subdivision -- "Kimberly Drive," Mr
Advertisement re public hearing read aloud.
Mr. John P. Tomkins expressed concern that the layout called for installation
of the entrance road in such a way that oply one side of the road is opened up for
new construction, thus reducing the ratio of new tax revenue to road. maintenance
expense for the Town. Mr. Tomkins siuggested an* alternate route to the West. Mr.
Don McKee (Licensed Surveyor) acknowledged this difficulty, but pointed out that
the terrain required the more Easterly entrance, and that this latter met with the
preference of Mr. a Case, Highway Supervisor. After examining the plat, Mr.
Tomkins withdrew his alternate suggestion, having discovered that property to the
West is owned by Mr..Donald Keith rather than by Mr. Bradley as Mr. Tomkins had
supposed. Mr. Tomkins urged that in general, however, the Planning Board should
strongly consider as a practical requirement that each newly- installed road serve
two rows of houses whenever possible.
at RictlAaD
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Imi YORK
16. 1
The Town of Dryden Planning Board opened its November meeting at 8:07 p.m.
at the Town Hall, with the following members present: Chairman pro tempore
Len,emann, Mr. Hanford, Mmes. Hardesty and Keech, Messrs. Paterson and Sheffy.
Messrs. Reed and Curtiss joined the meeting while in progress, with Mr. Curtiss
assuming the Chair at that time.
Also in attendance were Messrs. H. E mops Ogden, Town Councilman; Arthur
Clark, reporter for the Ithaca Journal; Mr. Stanley Bradley with Mr. Don McKee,
Professor Frank Gilmore with Messrs. Matt McHugh and John MacNeill, and 191r. C. W.
Sadd, in connection with various subdivision proposals'; and Messrs. R. W. Everett,
R. Gallagher,'D. S. Robson, and John P. Tomkins attending as interested members
of the. public.
Public Hearing: Major Subdivision -- "Windy Knoll, Stage 40," Honey Butter Products,
T. ^ 17 rtr" n" RnoA _ Tt.hnnn _ N.Y. (C. W. Sadd)
Advertisement re public hearing read aloud. Mr. Sadd described his proposal
in brief. Mr. Lengemann noted that Mr. Sadd had obtained Health Department approval,
that road specifications had been approved by the Dryden Town Highway Supervisor,
and that the map had been drawn to the specifications of the Subdivision Ordinance.
Copies of restrictive covenants were submitted. No communications had been received
by the Planning Board from the public regarding this proposed subdivision.
Mr. D. S. Robson evinced interest in the project, stating that he was very
happy to see this subdivision take place since he believed that it would enha�e
the value of surrounding properties, including his own.
No further discussion took place. Mr. Leng.emann announced that, in view of
all requirements having been met, approval of this subdivision was a liklihood,
and would be decided upon following the hearing.
Major Subdivision -- "Kimberly Drive," Mr
Advertisement re public hearing read aloud.
Mr. John P. Tomkins expressed concern that the layout called for installation
of the entrance road in such a way that oply one side of the road is opened up for
new construction, thus reducing the ratio of new tax revenue to road. maintenance
expense for the Town. Mr. Tomkins siuggested an* alternate route to the West. Mr.
Don McKee (Licensed Surveyor) acknowledged this difficulty, but pointed out that
the terrain required the more Easterly entrance, and that this latter met with the
preference of Mr. a Case, Highway Supervisor. After examining the plat, Mr.
Tomkins withdrew his alternate suggestion, having discovered that property to the
West is owned by Mr..Donald Keith rather than by Mr. Bradley as Mr. Tomkins had
supposed. Mr. Tomkins urged that in general, however, the Planning Board should
strongly consider as a practical requirement that each newly- installed road serve
two rows of houses whenever possible.
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Dryden Town Planning Board -2- November 16, 1967
In reply to other questions from the floor, M r.. Bradley stated $25,000 to
$28,000 as the anticipated total - package price bracket. The properties will also
be covered by restrictive covenants, copies of which will be supplied to the
Planning Board. Roadbuilding equipment was scheduled to move onto the ,yob that
same week, with the subdividers working in cooperation with Mr. Case in the cutting
down of adjoining Keith Lane. Mr. Bradley dad Health Department approval of the
subdivision.
NCTE •
During its meeting following the public hearings, Mrs. Keech from her personal
knowledge of the area, noted that Kimberly Drive entrance was so located as to now
enclose the corner property of Mr. Alan Hogle on three sides by roadways -- a fact
not revealed by the presentation map. Kimberly Drive was also to run along the
rear of the properties of Mr. Tomkins and Mr. Bra l_ey, which front on Lake Road.
Mr. Curtiss immediately contacted Mr. Bradley by tt.elphone to explore the possibility
of relocating the intersection of Kimberly Drive and Keith Lane further to the West,
abutting the Keith property. Mr. Bradley replied that he had at first considered
locating the entrance segment adjacent to the Keith property, but that obtaining
satisfactory percolation tests demanded location of the road as shown in the pre -
sentation. Mr. Bradley opined that none of the lots between the Lake Road and this
new road (including his own property) would be adversely affected. (Mr. Hogle's
lot is 275' deep.) Hefalso stated tha he had previously contacted Ibir. Hogle, informed
him that the road would go behind his property, and that Mr. Hogle had not objected.
Also, Locating the road as per the Planning Board's suggestion would have eliminated
the use of one lot.
• The Planning Board saw no further possible action in this matter.
NOTE:
This situation once again brought to the attention of the Planning Board the
pressing need for clarification of certain aspects of the Subdivision Regulations.
Specific reference is here made to the paradox created by the requirement that a
major subdivider have either completed all land improvements or have bonded his
performance of same, BEFORE the public hearing on the proposal. Thus both the
investment of the subdivider and the public's rights of expression are placed in
jeopardy, and the Planning Board is placed in the position of possibly being forced
to make an after -the -fact decision which might be unduly detrimental to the interests
of either or both parties.
Mr. Curtiss reported that he has alerted Mr. Niederkorn to this, and other
problems in the Subdivision Control Ordinance. Mr-. Niederkorn has agreed to work
on this immediately following completion of zoning.
Public Hearing: Ma.-Ior Subdivision -- "Ellis Highlands, Section 1" Frank Gilmore
Advertisement re hearing read aloud. Prof. Gilmore made presentation of his
proposal, exhibiting map, and emphasizing that the overall map shored tentative
layout only. His application concerned Section #1 (five lots) only, and involved
construction of "Eagle's Head Road" past Lots #4 and #9, plus the beginning of
•'Woodland Road" up to its intersection with "Hunter's Lane ". Health Department
approval had been secured for Section 1. Mr. .,,'.,%1'Case had personally inspected
the ground involved, and Mr. Arthur Prince had begun construction of the roadways
under the agreement that his work must satisfy the requirements of Messrs. Case
(Highway Supervisor).and MacNeill (Licensed Engineer). Total projected number of
lots is 91: minimum size, one acre. Lots being sold under restrictive covenants
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Dryden Town Planning Board -3-
November 16, 1867
requiring, among other things, construction upon lot within two years, and comple-
• tion within eight months of groun breaki
d ng,
From the floor, Mr. Clark asked concerning the enforceability of restrictive
covenants. Mr. McHugh (Attorney) replied that this would depend upon how the
covenant was written, and observed that most restrictive covenants are designed
more to influence purchasers than to coerce'; however, most are enforceable. Prof*
Gilmore added that they are seeking to set up zoning restrictions which would be
at least as restrictive as, and possibly more than, the proposed zoning ordinance.
Tax Liability on Development Land
Professor Gilmore asked, "In proceeding with this development where we are
actually seeking approval for 'a small section, and are presenting an overall plan,
what is our position in regard to tax assessment ?" Mr. Curtiss entered the meeting
at this point, and replied that this would be outside the domain of the Planning
Board, but would be.of interest to the Planning Board since we encourage the unveil-
ing of overall plans. The Board agreed that it would be contrary to the interest
of all concerned if.a developer were to be penalized for doing same. Dr. Sheffy
opined that one could hardly be taxed for something that does not actually exist.
Pi4of. Gilmore asked, "As we proceed to file the plan for the five lots, do I
acquire a tax liability for the lots now available for sale, or do the purchasers
become liable ?" Prof. Gilmore added that he sought only the assurance that it
would be handled in an equitable manner. ? °?r. Curtiss promised to find out the
•policy from the Town Assessor (Question: Who sets policy for assessments? What
is the effect on the assessment in putting in improvements on unsold land ?) and
to inform Prof. Gilmore. (From the floor, %r. Sadd related a New Jersey experience
wherein the municipality was required to desist from assessing farm land as building
lots in a rapidly - developing area.)
Prnnarhlre on Completion of Subdivision Roads for
Prof. Gihniore gave December 15 as the target -d =ate for completion of his first
roadway portions, and sought procedural instructions.
NOTE:
The Planning Board does not have a clear understanding as to whether or not
the Planning Board is to require that deeding of new roads to the Town be accom-
plished before Planning Board approval can be granted to a subdivision. Since the
subdivider is required to have either completed construction of roads to town
specifications or to have bonded his performance of same, and since the Town Board
uses the recommendation of the Highway Supervisor as its standard for road acceptance,
the Planning Board -Tight prdsume that Mr. Case's approval of such installation
i completion (or bonding) would be all that the Planning,Board would require for
Planning Board approval. The Planning Board needs a legal reading on this. The
Planning Board also would appear to need to establish a routine procedure for
obtaining notifications of Mr. Case's approval of road installations after they
have been completed to his apecifications.
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Dryden Town Planning Board
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November 169 1967
Mr. Curtiss promised to obtain a reading on the above from hirs. Amdur, and to
•advise Prof, Gilmore. Barring some remote unforeseen circumstance (such as cloud
in title), Mr. Curtiss could anticipate no further impediment to Planning Board
approval of Professor Gilmore's Section #1. In view of the fact that Professor
Gilmore has a prospective buyer, and considering that his attorney, Mr. McHugh
reads that the Subdivision Control Regulations no not require deeding of roadways
prior to approval by Planning Board, Professor Gilmore decided to move forward on
development, even though he recognized that so doing would place him in some slight
jeopardy.
No further discussion. Hearing closed.
Ma"Ior Subdivision: "Ellis Highlands, Section2" -- Frank Gilmore
Preliminary presentation. Professor Gilmore explained that in following Mr.
Richard Case's recommendation to extend his road construction farther than orig-
inally planned, six more lots were exposed. In view of this fact, and in view of
the fact that the N.Y.S.E. & G. requires a minimum of ten lots for consideration
of underground service installation, Professor Gilmore wished to present these lots
as Section 2. Section 2 comprises six lots surrounding the intersection of new
roads Woodland-Road and Hunters Lane: Block 6, Lots 2,3;" Block 4, Lot o Block
5, Lots 79 9; Block 7, Lot 4. Mr. MacNeill had prepared a profile of Woodland
Road to ascertain that as designed, it could achieve the permissible 10% grade
maximum. Some of the lots in this section have not a*et received Health Department
certification.
• A Public Hearing for this section was tentatively scheduled for December 21;
Prof. Gilmore will notify Mr. Curtiss It days in advance whether or not he is
prepared for same.
Regarding the restrictive covenants, the Planning Board suggested that Prof.
Gilmore consider adding, a minimum sideline setback for driveways -- a provision
which had been overlooked with some undesired results in other local subdivisions.
(Note: This matter is not yet clearly.handled in the proposed zoning ordinance.)
Prof. Gilmore was Pleased to have this celled to his attention, 'and planned to
include such a restriction.
With regard to possible inclusion of underground electric service, Professor
Gilmore expressed his sincere interest in such provision. His preliminary investi-
gation into costs with the local N.Y.S.E. & G. Sales Department, however, produced
an estimate of $600 per lot (based on a minimum of ten houses producing a minimum each
of $200 revenue yearly) in add= to the cost of ditches to be installed by the
developer. This estimate was three to four times as great as power - company adver-
tising had led him to anticipate. Professor Gilmore regarded it to.be totally
unrealistic to expect a prospective purchased to value underground service to the
extent of $600 per lot, but planned to pursue the matter further.
The New York Telephone Company, he noted, will install undergound service at
no charge. The Planning Board is most anxious to encourage underground service,
especially in such a well - planned subdivision as Ellis Highlands. The PB agreed to
put its recommendation in writing to NYSE &G if it would help.. Also, it was suggested
that Prof Gilmore might go higher in the NYSE &G hierarchy to obtain more information
and a clearer reading on costs.
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Dryden Town Planning Board C, November 16, 1967
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Proposed Relocation of Route 13
• The Planning Board studied a map showing two alternative possible relocations
for Route 13, and a relocation of Route 38, in order to provide Planning Board
recommendation on the proposed Route 13 alternatives: a Northern route which
would depart the present Route 13 at about the point where it presently bends South
to join Route 366, then would continue East, bypassing Freeville to the North,
and bypassing the Village of Dryden to the North to join existing Route 13; and
a more Southern route Which would follow existing 366 quite closely, with a Northwest
cutoff of the Village of Dryden.
The Planning Board favored the Northern alternative generally because it foresaw
as result of such a road the stimulation of growth in the Northwest section of the
town, with less of the apparent disadvantage to existing property use (e.g., the
George Junior Republic Bird Sanctuary, Dryden School) which would be created by
the Southern route.
Specific ally, the Planning Board favored the proposed Northern alternative
over the Southern alternative because:
1, Provided that highway access would be adequate, the resultant stimulation
of new growth in the Northwest section of the town would be of greater
value to the town than would further stimulation of growth on existing
366. Also, there would be more physical space available for expansion
in the Northwest.
2, The Northern route would be less disruptive to plans for expansion of
• educational complexes between the area of .Treeville and Dryden.
39 The Northern route would appear to be a more direct route for through
traffic: fewer bridges would be required, and that area would appear to
provide in general more desirable terrain for roadbuilding.
. As the Northern route is proposed, its intersection with proposed relocated
Route 38 would occur in terrain providing flowing wells and gravel soils
for.sewerage, making possible development of commercial enterprises at
that point.
5. The Southern route as proposed, would disrupt the only commercial farms
now in operation between Ithaca and Dryden.
Mr. Ogden stated that he would call this recommendation to the special attention
of the Town Board at, its next meeting.
Revised Town Maps
Mr. Curtiss announced that a number of copies of the (as yet un- official) town
map had been run off to provide a working tool` for the new town census. All
Planning Board members indicated interest in receiving a copy of this map.. Mr.
Curtiss promised to arrange for same. Mr. Ogden pointed out that the map has not
yet been officially approved because of some necessary additions, and the necessity
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Pl Bo rd
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November 16, 1967
Dryden Town anni A6 a ?
of obtaining better copies. Mr. Curtiss added that some new subdivision roads
will need to be shown; also, it has been suggested that ?;private roads should also
be shown (and indicated as private) in order to provide this information for
emergency vehicles, census takers, Board of Elections, etc Lr. Curtiss suggested
that the Board also consider the addition of small arrows to indicate the direction
in which the rwbers run on each road, for emergency purposes. Dr. Sheffy suggested
that this could be done by a professional.
Mr. Curtiss brought up for discussion by the Planning Board, the communication
received by him from Mr. Ed Hill of the Darden Fire Department, indicating that the
revised map as it now stands is not satisfactory for the use of his department,
since the Fire Department uses a grid system for identification of distress loca-
tions. The Board indicated its willingness to cooperate with the Dryden Fire
Department in the loan of the map original, together with suggestions as to how
the Fire Department might be able to use it to create map copies specifically suited
to ite requirements. The Board agreed that it did not wish to undertake preparation
of the specific map, in view of the fact that the Board does not Irish to take the
responsibility for possible error in working with a system with which it is basically
less familiar than the Fire Department officials, and in view of the fact that the
Board believes it cannot establish a precedent for answering the possibly several
and varied requests it might receive for preparation of specially- oriented maps.
St
Mr. Ogden reported that the developer, ire Belasco, had sent the title and
•abstract for Redwood Lane to Mrs. Amdur, Town Attorney. This_ matter had been
delayed because of the illness of hirs. Amdur, but the Town stood ready to accept
the road as soon as it received indication of clear title from the town attorney.
Zoning
Dr. Sheffy inquired as to the status of the proposed zoning ordinance. Mr.
Curtiss replied that the Planning Board was to receive the papers from rfr.
Niederkorn in the very near future -- possibly by the next Planning Board meeting.
Next Meeting
The Planning Board agreed to hold its next meeting at the usual time on
December 21.
Adjournment, 11:25 p.m.
P,espectfully submitted,
Virginia H. Hardesty (Mrs. L.".)
Secretary to the Planning Board
VH
11/30/67
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.This information is already on the map. The PB decided private roads should be
j. listed even though the Town Board had recommended they not be. Already, it has
�. proven more beneficial to have them listed, and our final map recommendation will
include this provision.
g TCFa PLANNING BOARD, TOTidN OF DRYDENT NEW YORK !' November 16, 1967
The Town of Dryden Planning Board opened its November meeting at 8:07 p.m.
at the Town Hall, with the following members present: Chairman pro tempore
Lengemann, Mr. Hanford, Panes. Hardesty and Keech, Messrs. Paterson and Sheffy.
Messrs. Reed and Curtiss joined the .meeting while in - progress, with Mr. Curtiss
assuming the Chair at that time.
Also in attendance were Messrs. H. Emmons Ogden, Town Councilman; Arthur
Clark, reporter for the Ithaca Journal; Mr. Stanley Bradley with Mr. Don McKee,
Professor Frank Gilmore with M Messrs. McHugh and John MacNeill, and Mr. C. W.
Sadd, in connection with various subdivision proposals; and Messrs.-R. W. Everett,
John P. Tomkins attending as interested members
R. Grllagher, D. S. Robson, and
of the public.
g• Major Subdivision -- 'tWindy Knoll, Stage 40,11 Honey Butter Products,
., Public Hearing
, 7CL 'rh, rAcn Rnnfi _ Tthnnn _ N.Y. (C. W. Sadd)
}Advertisement re public hearing read aloud. Mr. Sadci described his proposal
? in brief. Mr. Lengemann noted that Mr. Sadd had obtained Health Department approval,
that road specifications had been approved by.the Dryden Town Hightray Supervisor,
and that the map had been drawn to the specifications of the Subdivision Ordinance.
Copies of restrictive covenants were submitted.. No communications had been received
by the Planning Board from the public regarding this proposed subdivision.
Mr. D. S. Robson evinced interest in the project, stating that he was very '
happy to see this subdivision take place since he believed that it would enhance'
the value of surrounding properties, including his own.
No further discussion took place. Mr. Lengemenn announced that, in view of
all requirements having been met, approval of this subdivision was a liklihood,'
and would be decided upon following the hearing.
J.
ryry;
:I 4 1 v°.b., A T.T^ ,-;,,n• lde inr �ihAiui Ginn -- "Kimberly Drive," Mr. Stanley Bradlgr, Dryden
Advertisement re public A (.;L g read aloud.
Mr..John-P. Tomkins expressed concern that the layout called for installation
of the entrance road in such a way that only one side.of the road is opened up for
new construction, thus reducing the ratio of new tax revenue to road - maintenance
+' expense for the Town. fir. Tomkins suggested an alternate route to,the West. Mr.
Don McKee (Licensed Surveyor) acknowledged this difficulty, but pointed out that
!Y.... the terrain required the more Easterly entrance, and that this latter met with the
preference of Mr. Case, Highway Supervisor. After examining the plat, Mr.
41 Tomkins withdrew his alternate suggestion, having discovered that property to the
West is owned by Mr. Donald Keith rather than by Tr, Bradley as Mr., Tomkins had
supposed. Mr. Tomkins urged that in general,'however, the Planning Board should
.j, strongly consider as a practical requirement that each newly - installed road serve .
.' two rows of houses whenever possible.
4 RICHARD
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Dryden Town Planning Board
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November 16, 1967
In reply to other questions from the floor, Mir. Bradley stated $25,000 to
•$289000 as the anticipated total - package price bracket. The properties will also
be covered by restrictive covenants, copies of which will be supplied to the
Planning,Board. Roadbuilding equipment was scheduled to move onto the Job that
same week, with the subdividers working in cooperation with Mr. Case in the cutting
down of ad Joining Keith Lane. Mr. Bradley had Health Department approval of the
subdivision.
NOTE:
During its meeting following the public hearings, Mrs. Keech from her personal
knowledge of the area,.noted that Kimberly Drive entrance was so located as to now
enclose the corner property of Mr. Alan Hogle on three sides by roadways -- a fact
not revealed by the presentation map. Kimberly Drive was also to run along the
rear of the properties of Mr. Tomkins and Mr. Bradley, which front on Lake Road.
Mr. Curtiss immediately contacted Mr. Bradley by t elphone.to explore the possibility
of relocating the intersection of Kimberly Drive and Keith Lane further to the West,
abutting the Keith property. Mr. Bradley replied that he had at first considered
locating the entrance segment adjacent to the Keith property, but that obtaining
satisfactory percolation tests demanded location of the road as shown in the pre-
sentation.; Mr. Bradley opined that none of the lots between the Lake Road and this
new road (including his own property) would be adversely affected. (Mr. Hogle's
lot is 275' deep.) He
falso stated tha he had previously contacted I•Ir. Hogle, informed
him that the road would go behind his property, and that Mr. Hogle had not objected.
Alsos Locating the road as per the Planning Board's suggestion would have eliminated
the use of one lot.
The Planning Board saw no further possible action in this matter.
NOTE:
This situation once again brought to the attention of the Planning Board the
pressing need for clarification of certain aspects of the Subdivision Regulations.
Specific reference is here made to the paradox created by the requirement that a
major subdivider have either completed all land improvements or have bonded his
performance of same, BEFORE the public hearing on the proposal. Thus both the
investment of the subdivider and the public's rights of expression are placed in
jeopardy, and the Planning Board is placed in the position of possibly being forced
to make an after -the -fact decision which might be unduly detrimental to the interests
of either or both parties.
a
j Mr. Curtiss reported that he has alerted Mr. Niederkorn to this, and other
problems in the Subdivision Control Ordinance.. Mr. Niederkorn has agreed to work
on this immediately following completion of zoning.
Public Hearing: Ala -ior Subdivision "Ellis Hiphlands, Section 1" Frank Gilmore
Advertisement re hearing read aloud. Prof. Gilmore made presentation of his
°i proposal, exhibiting map, and emphasizing that the overall map showed tentative
layout only. His application concerned Section #1 (five lots) only, and involved
. construction of "Eagle's Head Road" past Lots #4 and #9, plus the beginning of
• "Woodland Road" up to its intersection with "Hunter's Lane ". Health Department
} approval had been secured for Section 1. Mr. D �*Case had personally inspected
{ the ground involved, and Mr. Arthur Prince had begun construction of the roadways
I under the agreement that his work must satisfy the requirements of Messrs. Case
(Highway Supervisor) and MacNeill (Licensed Engineer). Total projected number of
lots is 91; minimum size, one acre. Lots being sold under restrictive covenants
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Dryden Town Planning Board -3- November.16, 1967
requiring, among other things, construction upon lot within two years, and comple-
• tion within eight months of ground - breaking.
From the floor, Mr. Clark asked concerning the enforceability of restrictive
covenants. Mr. McHugh (Attorney) replied that this would depend upon how the
covenant was written, and observed that most restrictive covenants are designed
more to influence purchasers than to coerce; however, most are enforceable, Prof.
Gilmore added that they are seeking to set up zoning restrictions which would be
at least as restrictive as, and possibly more than, the proposed zoning ordinance.
Tax Liability on Development Land
Professor Gilmore asked, "In proceeding with this development where we are
actually seeking approval for a small section, and are presenting an overall plan,
what is our position in regard to tax assessment ?" Mr. Curtiss entered the meeting
`at this point, and replied that this would be outside the-domain of the Planning
Board, but would be of interest to the Planning Board since we encourage the unveil -
ing of overall plans. The Board agreed that'it would be contrary to.the interest
aof all concerned if a developer were to be penalized for doing same. Dr. Sheffy
opined that one could hardly be taxed for something that does not actually exist.
Prof. Gilmore asked, "As we proceed to file the plan for the five lots, do I
acquire a tax liability for the lots now available for sale, or do the purchasers
become liable ?" Prof. Gilmore added that he sought only the assurance that it
would be handled in an equitable manner. Yr. Curtiss promised to find out the
policy from the Town Assessor (Question: Who sets policy for assessments? What
is the effect on the assessment in
putting in improvements on unsold land ?) and
3 to inform.Prof. Gilmore. (From the floor, 'Mr. Sadd related a New Jersey experience
wherein the municipality was required to desist from assessing farm land as building
lots in a rapidly- developing area.)
Procedure on Completion of Subdivision Roads for Planning Board Approval
Prof. Gilmore gave December 15 as the target -date for completion of his first
roadway portions, and sought procedural instructions.
Nt7fE:
The Planning Board does not have a clear understanding as to whether or not
the Planning Board is to require that deeding of new roads to the Town be accom-
plished before Planning Board approval can be granted to a subdivision. Since the
subdivider is required to have.either completed construction of roads to town
specifications or to have bonded his performance of same, and since the Town Board
uses the reco-amendation of the Highway Supervisor as its standard for road acceptance,
the Planning Board might prdsume that.AIr. Case's approval of such installation
` completion (or bonding) would be all that the Planning Board would require for
Planning Board approval. The Planninom Board needs a legal reading on this. The
.Planning Board also would appear to need to establish a routine procedure for
obtaining notifications of Mr. Case's approval of road installations after they
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have been completed to his specifications.
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Dryden Town Planning Board
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November 16, 1967
Mrwo Curtiss
promised to obtain a reading on the above from Mrs* advise Prof, Gilmore, Barring
in title), 14r. Curtiss coin 'some remote unforeseen circ Amdur, and to
approval of Professor Giluld anticipate no further impeIrcum ttoce Planning (such as cloud
Gilmore has a s Section �1, In view of the fact tha Pofessor
prospective buyer, and considering
reads that the Subdivision Control Regulations no not reJuire
prior to approval by Planning attorney, g McHugh
development, even though he recognized that Professor
doing Gilmore q deeding of roadways
jeopardy, decided t o move f �r;�•ard on
would place him in sore slight
PTO further discussion. Hearing closed,
4
lis Hi landst Section2n Frank Gilmore
Preliminary ,
Richard Cameras resentation, Professor Gilmore explained that in foll
inall recommendation to extend his road construction farther than on -
y planned, six more lots were e o e During Mr,
the fact that the N. Y.S,E. xP s d. In view of this g
& G, requires a minimum of ten lots for consideration f
Of underground service installation
as Section 2• :Professor Gilmore wished to present these lots
Section 2 comprises six lots surrounding the intersection o
roads Woodland Road and Hunters Lane: Block 6, Lots 2,3; Block
59 Lots o 7. 9; Block '7, Lott ck 4 L f new
Road to ascertain that as designed,ritouldhad p ' of 6; Block
maximum. Some of the lots in t him prepared a profile of Woodland
section have Bathe permissible 10% grade
certification. sJyet received Health Department
A Public Hearing for this section was tentatively Prof, Gil�rore will notify Mr. Curtiss, tend y scheduled for December 21;
prepared for same, days in advance whether or not he is
Regarding the restrictive covenants, the Pl
Gilmore consider adding a minim um inning Board suggested
which had been overlcoked with some undesired results in of sa that Prof
sideline setback for driveways __ a
(Note: This matter is not her local provision
Prof, Gilmore was pleased to have this handled in the a subdivisions•
include such Proposed zoning ordinance.)
a restriction. led to his attention, and planned to
With regard to possible inclusion of underground electric _Gilmore expressed his sincere interest in
gation into co such provision. service, Professor
sts with the local N.Y.S B His Preliminary
an estimate of $600 per lot ( & G• Sales De I'Y oducei_
Of $200 revenue based on pa�me�, . hourever, produced
yearly) a minimum of ten houses producing
developer Y)� in addition to the cost of ditches to be installed This estimate was three to four times as great a minimum ed�ti
tising had led him to d by the
unrealistic toe anticipate. Professor Gilmore regarded as power- compa, adver-
extent of $600 expect a prospective purchased to value nderr it to
to per lot, but planned to the
The knew york Telephone Compar pursue the matter further.
no charge, The Planning Board is
especially in such a well - planned
Put its recommendation in writing
that Prof Gilmore might go higher
and a clearer reading on costs,
Vv he noted, will install undergound service at
most anxious to encourage underground service,
subdivision as Ellis Highlands.
to NYSE &G if it would het The PB agreed to
in the NYSE &G hierarch p� Also, it was suggested
y to obtain more information
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Dryden Town Planning Board
Proposed Relocation of Route 13
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November 16, 1967
The Planning Board studied a map showing two alternative possible relocations
for Route 13, and a relocation of Route 38, in order to provide Planning Board
recommendation on the proposed Route 13 alternatives: a Northern route which
would depart the present Route 13 at about the point where it presently bends South
to ,join Route 366, then would continue East, bypassing Freeville to the North,
and bypassing the Village of Dryden to the North to join existing Route 13; and
a more Southern route which would follow existing 366 quite closely,. with a Northwest
cutoff of the Village of Dryden.
The Planning Board favored the Northern alternative generally because it foresaw`
as result of such a road the stimulation of growth in the Northwest section of the
town, with less of the apparent disadvantage to existing property use (e.g., the
George junior Republic Bird Sanctuary, Dryden School) which would be created by
the Southern route.
Specifically$ the Planning Board favored. the proposed Northern alternative
over the Southern alternative. because:
to Provided that highway access would be adequate, the resultant stimulation
of new growth in the Northwest section of the town would be of greater
value to the town than would further stimulation of growth on existing
366. Also, there would be more physical space available for expansion
in the Northwest.
20 The Northern route would be less disruptive to plans for expansion of
educational complexes between the area of T.reeville and Dryden.
30 The Northern route would appear to be a more direct route for through
traffic; fewer bridges would be required, and that area would appear to
provide in general more desirable terrain for roadbuilding. ..:
49 As the Northern route is proposed, its intersection with proposed relocated
Route 38 would occur in terrain providing flowing wells and gravel soils
for sewerage, making possible development of commercial enterprises at
that point.
50 The Southern route as proposed, would disrupt the only commercial farms
now in operation between Ithaca and Dryden.
Mr. Ogden stated that he would call this recommendation to the .special attention
of the Town n Board at its next meeting.
Revised Town Maps
Mr. Curtiss announced that a number of copies of the (as yet un- official) town
map had been run off to provide a working tool for the new town census. All
Planning Board members indicated interest in receiving a copy of this map. iir.
Curtiss promised to arrange for same. Mr. Ogden pointed out that the map has not
yet been officially approved because of some necessary additions, and the necessity
r Dryden Town Planning Board ? -6- November 16, 1967
of obtaining better cop:i_es. I-'_r. Curtiss added that some new subdivision roads
will need to be shown: also, it has been suggested that private roads should also
be shown (and indicated as private) in order to provide this information for
emergency vehicles, census takers, Board of Elections, etc*" Mr. Curtiss suggested
that the Board also consider the addition of small arrows to indicate the direction
in which the numbers run on each road, for emergency purposes. Dr. Sheffy suggested
that this could be done by a professional.
II I4r. Curtiss brought up for discussion by the Planning Board, the communication
received by him from.Mr. Ed Hill of the Dryden Fire Department, indicating that the
A revised map as it now stands is not satisfactory for the use of his department,
since the Fire Department uses a grid system for identification of distress loca-
tions. The Board indicated its willingness to cooperate with the Dryden Fire
' Department in the loan of the map original, together with suggestions as to how
the Fire Department might be able to use it to create map copies specifically suited
to ite requirements. The Board agreed that it did not wish to undertake preparation
of the specific map, in view of the fact that the Board does not wish to take the
responsibility for possible error in working with a system with which it is basically
less familiar than the Fire Department officials, and in view of the fact that the
Board believes it cannot establish a precedent for answering the possibly several
.� and varied requests it might receive for preparation_ of specially- oriented maps.
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Status of Redwood Lane (Pine Woods East, Snyder Hill)_
Mr. Ogden reported that the developer, iir. Belasco, had sent the title and
•abstract for Redwood Lane to Firs. Amdur, Town Attorney. This matter had been
delayed because of the illness of Firs. Amdur, but the Town stood ready to accept
� the road as soon as it received indication of clear title from the town attorney.
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Zoning,
Dr. Sheffy inquired as to the status of t
Curtiss replied that the Planning Board was to
Niederkorn in the very near future -- possibly
he proposed zoning ordinance. Mr.
receive the papers from rxe
by the next Planning Board meeting.
Next Meeting
The Planning Board agreed to hold its next meeting at the usual time on
December 21.
Adjournment, 11:25 p.m.
Ptespectfull.y submitted,
Virginia H. Hardesty (!sirs.
Secretary to the Planning Board
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11%30/67 4
)�, This information is already on the map, The PB decided private roads should be
listed even though the Town Board had recommended they not be. Already, it has
proven more beneficial to have them listed, and our final map recommendation will
include this provision.
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TOWN OF DRYDEN
DRYDEN, NEW YORK
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November 7, 1967
IN THE HEART OF FINGER LAKES REGION
Official Notice to Appear in the Ithaca.. Journal and the Rural Aiee,.
Prior to November 109 1967
Please Tate Notice that the Plo.rnin- Board: of the Tow r. of Dryden w1 i'l 1
hold. a 'public hearing, _uursua.nt to Section 275 of the Town La•w on the
major
i application of Stanley Bradley for appro ?rat of a. /subdivision entitlea
Kimberly Drive to run north of.Keith Lane an." west of the Lake Road.
Said HearinC, will be held on the 16th day of November 1967 at, the
Town offices at 3 p.m. at which time all interested persons will be
Lriven an opportunity to be heard.
By order of the Planning Board
Peter A. Curtiss, Chairman
Please bill to.
Town Clerk
Town of Dryden.
Dry - en, New York
cc . T. Todd, Supervisor
M. Luss, Clerk
i
If there are any questions ,
;dense call me at 275- 5014.
Thank you.
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November 10, 1967
MEMO TO: Planning Board Members
FROM: Peter A. Curtiss
Regular meeting on Thursday, November 16 at 8 p.m
hearings for the three subdivisions.
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There will be public
In additinn, we will discuss the Route 13 relocation as outlined by Mr.
Niiederkorn in order to affirm our recommendation for the north or south
route. xWx I will try to have Niederkorn's map there. This should be
an interesting discussion*
Also, with luck we may discuss briefly the recommendation made by the
Dryden fire department to "block" and reference our new map soxx it can
i be made more useful for fire purposes.
See you there!
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TOWN OF DRYDEN
DRYDEN, NEW YORK
D?ovember 7, 1967
IN THE HEART OF FINGER LAKES REGION
J
Official Notice to App in the Ithaca Journal a.n the Rural NeT,es
on ar Prior to November 10, 1967
Please Take Notice that the Pla.nninra; Board. of the Town of Dryden will
hold a. public hearing., pursuant to Section 276 .of the Town Law' , on the
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a�e�..licati on of Honey Butter Products Corporat ion for approval of
,nother.s ection of a ma . or subdivision. entitled Windy Knoll located.
on the west side of Yellow Barn Road.
Saidi Fee,.rinr; will be held. on the 16 th a. 3r c November 1967 at the
Town Offices at 3 p.m., at T:lhich time all interested persons will
be ,`iven an op -porf -unity to be, heard.
By order of the Planning. Board
Peter A. Curtiss, Chairman_
Please bill to:
Town Clerl:
Town of Dryden
Dryden, New York
cc .! T. Todd , Supervisor
M. Luss, Clergy
If there are any ques L-Aons ,
please call me at 275 -5014.
Thank you.
11
TOWN OF DRYDEN
DRYDEN, NEW YORK
•
IN THE HEART OF FINGER LAKES REGION
November 7 , 1967,
Official Notice to Ap_ear in the Ithaca Journal and t'ne Rural News
on or Prior to November 10, 1967
Please Take Notice that the planning Boar.; of the Town of Dryden will
hold a public hearing, pursuant to Section 276 of the Town Law, on the
aer�lication of Frank F. Gilmore for approval of a maior sub"ivision
entitled Ellis Highlands to be located north east of the intersection
of Ellis Hollow Road and. Ellis Hollow Creek Road.
Said. Hearinc: will be helC on the 16th day of November 1967 at the
Town offices at g p.m. at �%lnich time. all interested. parties will be
Eiven an op to portunity _ , -
By order of the Planni nr. Board
Peter A. Curtiss, Chairman
ase
P1F : bill to
Town Clerk
Town of Dryden
Dryden, New York
ec: T. Todd, ;supervisor
.M Luss, Clerk
If there are any questions,
� , -5014a .
Thank you.