HomeMy WebLinkAbout1970-07-09 49
PUBLIC HEARING
( Van Epps - Rumsey - Ithaca )
July 9 , 1970
The Public Hearing was called to order at 7 : 30 P . M . at the Town Hall in
Dryden , New York . Present were Supervisor McCord , Councilmen Gridley ,
Tarr , Webb ; Attorney Amdur ; Zoning Officer Stewart ; present part of
the meeting , Councilman Cotterill .
Supervisor McCord reported that this meeting was being continued because of
some questions raised at the last Public Hearing .
Supervisor McCord read a letter written by Attorney Amdur to Truman K . Powers ,
attorney for Mr . Van Epps , to wit : Scheduling another hearing on July 9 , 1970
at 7 : 30 ; requesting that T . G . Miller , Engineer , be present ; and emphasis will
0 be on the following : ( 1 ) Pollution ( a ) Possible pollution of Fall Creek and
other waters by the proposed park septic system ( b ) Provisions made or to
be made to curb the use of detergents , etc . which contribute to pollution .
( 2 ) Water ( a ) The effect on the area water table by the installation of a well
or wells servicing 200 families , ( b ) The effect on neighboring wells by the
installation of such well or wells .
Supervisor McCord also read a statement signed by 15 residents of the Town
of Dryden opposing the issuance of a Special Permit to Rumsey - Ithaca Corp .
The contents of the opposition is as follows :
" By issuing this permit , it would jeopardize the intent and
purposes of the R- C Zone , where residential areas should be
compatible with farm use and where it would be necessary to
keep density low in rural residential development due to the
fact public sewer facilities are unlikely and where a high
w ater table would interfere with the proper operations of
domestic sewage facilities and to establish uses compatible
w ith existing development .
We also are concerned - about the inevitable noise , pollution ,
traffic and increased trespassing deleterious to our live -
stock and plantings .
All of the undersigned are in agreement that we reside in
this area for the very environmental characteristics later
d escribed for a R - C Zone . Some of us would feel impelled to
move elsewhere if the trailer park permit should be granted .
We therefore , feel the granting of such a permit would im -
pose undue hardship on us . There are other locations in the
R - C Zoning areas which are of lower density than the proposed
N eimi and Sheldon Roads location , which would not exert undue
h ardship on the surrounding properties .
We wish to emphasize particularly the strong probability of
a serious adverse effect on the wells of each of us in the
✓ icinity . We point out that some of us depend on a water
supply which becomes marginal in the summer . We live in an
area of shallow wells . The deep well which Mr . Van Epps will
u se may have most serious effect on the water supply . So long
as such a damaging effect on our water supply is possible , we •
believe that the ! Town Board , which is under no duty to grant
the application for the Special Permit , is under . a great duty
to protect our water supply , which is a most essential con-
d ition of our living . "
At this time , Supervisor McCord requested that Mr . Van Epps bring us up to
date regarding the questions asked at the last meeting . Mr . Van Epps said
that T . G . Miller was unable to appear and that Robert Flumerfelt , associate
o f T . G . Miller , has worked on the plans and would explain about the septic .
system . Mr . Flumerfelt reported that the sewage disposal system is in complete
compliance to the New York State Health Department and even exceeds the
✓ equirements . The 7500 gallon septic tank is sized and designed to take care -„-
of , the whole park . He said there would be an odor for a few days in the
spring when the ice is melting but would clear as soon as the sun shines . et
He said that any development of any kind is going to affect the pollution ty ; ,
of the creek . The lagoon will be located 1000 feet from any resident . ',p;ry , y
b ' a° '
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According to Mr . Flumerf" elt , there is no satisfactory process or getting
rid of hard detergents . Mr . Van Epps suggested that a bio - degradable
d etergent be used as this prevents Oudsng . Mr . Dilger said th ., t bio -
d egradable detergents were the worst offenders . Mr . Dilger sai ' there is
a process for removing phosphate but that it is So expensive • s to be im 1
practical . According to Mr . Van Epps , the lagoon , si_ ze is 250x1060 , 5 feet
d eep with 21/2 million gallons of water . He further stated that . y using
150 gallons of water per day per 50 mobile homes , it will take 326 days to
fill the lagoon . It will retain the effluent for over 300 day and there
will be no run off for nearly 22 months ; and there is two milts of natural
purification before it reaches Fall Creek . The present lagoon will be on
11/2 acres , when expanded to 200 units the lagoon will be on Si : acres . The
present lagoon will accommodate 50 units .
James Buyoucos , attorney representing the area residents opposing the
trailer park , was present and wanted to know how close the lagoon will be
to Mr . Snow and Mr . Kelly . Mr . Van Epps replied : 1500 feet f om Snow , 1300
feet from Kelly .
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Mr . Flumerfelt reported that effect on the water table and effect on neigh -
boring wells is not an easy thing to determine . He said that its a possibility
that the neighboring wells could be affected but he could no say to what
extent . Mr . Dilger said that he had talked with a geologist : rid reported
that a very deep well is likely to effect neighboring wells . Mr . Buyyoucos ,
presented a copy of a recommendation from Donald C . Makie , onsulting
G eologist , regarding the well , to wit : " a test that might p . . ove or dis -
prove would be to pump the 150 ' well in the trailer park at its proposed
rate and observe what happens to the level of water in the fells of Mr .
D ilger and his neighbors . Additional information could be di: veloped by a
field appraisal of the situation , library research , and air photo analysis
" of the area involved , and an estimate of available ground water supplies . "
Mr . Van Epps read a report from the drillers log , as follows :
at 18 feet , blue clay
at 68 feet , soft rock
at 91 feet , hard rock , 4 gallons per hour
at 106 feet , hard rock , 6 gallons per hour
at 121 feet , hard rock , 12 gallons per minute
at 129 feet , hard rock , 12 gallons per minute
at 150 feet , hard rock , 25 gallons per minute
• The water stood 143 feet within the hole . Mr . Van Epps does not think
that the well will be injurious to the wells in the neighborhood . No one
can prove that it would or would not affect any wells in . he area . Its a
g amble according to Mr . Van Epps . 1500 gallons per hour w " 11 sufficiently
service 200 units . An alternate water supply is recommended by the Health
D epartment for future and / or emergency use . There will be 5 hours of
pumping for 50 units .
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The question of the laundr &mat was brought up . Mrs . Dilge said that the
commercial laundramat can not be restricted to use by people outside the
park . She was objecting to the commercial aspect . Superv ' sor McCord asked
if the laundr & mat is essential to the park . Mr . Van Epps replied that it
is a convenience to the people and there will be 7 machiles .
Mr . Buyoucos asked the Board if this permit is going to • e granted on the
basis of one well and one alternate well . Councilman Web • replied that the
B oard can not say how many wells to be drilled .
Mr . Dilger was object%n-gin that he feels that it will net increase the
h ealth and general welfare of the neighborhood . He commtnted that people
w anting a variance or special permit should show how a aevelopment
benefits the area before it is allowed . He feels that z . ning is backwards . '
According to him , the RC zone is for low density develo . ment and he does
n ot think a trailer park with 5 . 3 units per acre does n . t fit . Attorney
Amdur said that other high density uses such as apartments are allowed
in the RC zone without special permit . She reported th t the difference
between a variance and a special permit is that hardsh ' p is not a factor
w hen issuing a special permit .
Joseph Horowitz from Caswell Road was present and figu ed that for 50
trailers there will be a use of water of. 7500 gallons . er day , for 200
trailers 30 , 000 gallons of water per day . In his opini . n , he does not thinl
o ne well can handle 600 people . He questioned if there was sufficient water
that area to supply all this water and what is going . o happen to the other
w ells .
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Fred Lengemann of 82 Neimi Road voiced his opinion in form of a written •
memorandum regarding the well and the impact of the water use of the park
on the water table .
Jeanne Vanderbilt expressed the opinion that Mr . Van Epps plan for a trailer
park is settingatgood example . Her conclusion is that Mr . Van Epps has a
elaborate sewage set up ; and as for odor , its very evident every spring in 4A
farm country and one more odor could not make that much difference .
Duane Wilcox felt that a stipulation ulation to the permit re phosphate sewage ^ � "
treatment would be in order . In the event that such a treatment is feasible ." '� p
h e asked if the Health Department will require Mr . Van Epps to use it . Mr .
B orowitz replied that the Health Department will require this action .
Mr . Buyoucos suggested that the Town Board has a responsibility and the
Public Hearing should be postphoned until the opposition could have more •
time to come uo with some concrete evidence . He said that an individual
• home requires 125 feet of frontage on a 30 , 000 square foot lot when no
public facilities are available . A trailer on a 50 foot lot does not meet
these requirements . He favored the position that the Board should reserve
d ecision until the mobile home ordinance is adopted . He also said that
according to sub - paragraphs b , c , d , and f of the zoning ordinance that
the proposed park does not meet the requirements of the special permit
because of location ; , neither public water supply and sewer available ; the
creation of objectionable odors , traffic and noise ; hinderance : mobile
h ome parks do not enhance the value ; and the development is injurious to
the health , safety . and welfare of the community . He also felt that the
laundramat and grocery store should not be allowed as this is a commercial
✓ enture , not a necessary part of the park . He said that the only protection
that the surrounding neighbors have is the Town Board and they have an
o bligation to protect these people . -
Mr . Van Epps replied regarding the 90 day delay that Mr . Buyoucos is
✓ equesting , that in August 1969 he presented his plan to the Town Board
and there has been a lot of delay at this point . As for pollution , there
has not been any statement that this would pollute any ones property . As
f or building elsewhere in the town , this is the land they own and this is
where they want to construct a trailer park . •
At this point Supervisor McCord thanked everyone for coming and said they
ci had been very helpful and educational and that the Board • would deliberate
and make a decision in writing .
The Public Hearing was adjourned at 9 : 25 . •
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Charles G , . McCord - Supervisor
Rosemary Stelick - Town Clerk
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PUBLIC HEARING
Cycle City
July 14 , 1970
Supervisor McCord opened the Public Hearing on the appeal by Cycl City
to the Town Boa. rd .for the granting of a Special Permit for the purpose of
erecting , a storage and service building on Dryden Road , Dryden , New York ,
comme1ing at 7 : 30 at the Varna Community Center in the Hamlet of Varna ,
New York . Supervisor McCord reported that Mr . Arnesen ' s applicati . n states
that the storage area is necessary because of recent thiefs of ma hines ,
2 motorcycles , 1 side car and miscellaneous parts . Insurance to cover such
losses can. not be purchased and the present quarters are not large enough
for their 'mechanics to work besides . The building will eliminate their
problem of outside storage and give adequate room for the men to work . At
this time Supervisor McCord asked Mr . Arnesen if he had anything to add
to his request . Being none , Supervisor McCord asked the townspeo le if they
h ad any questions . Mrs . DeGroff , a neighbor , wanted to know if hr was •
going to have enough personnel to take care of the fences and hi . obli -
g ations . She reported that cows have been crossing the street through his
property and causing damage to her property . The cows are owned y Mr .
Crowe but cross over through Cycle City ' s property . She felt that if they
were going to enlarge their facilities , they should have person el there to
take care of their obligations . The cows have made a large hole in her back
yard and they have crossed over twice in the last two months . Mts . DeGroff
said she received a phone call from Judge Hoagland and he advis •• d her not
teCtake it to court because Cycle City was responsible and assu . . ed her that
sh ,' ' would be paid by Cycle City . Mr . Arnesen replied that his a torney , Mr .
Snow, is looking into the situation to find out whose responsibility this
is and he does intend to put up a better fence to avoid this situation in
the future . Mr . Arnesen then agreed to pay her for damages . Su ervisor
McCord noted that the procedure to notify all adjoining neighb rs was carried
through as well as a legal notice in the newspaper . Being no .f rther
questions or comments the public hearing was declared closed a ' 7 : 40 P . M . by
Supervisor McCord . No decision at this time .
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TOWN BOARD MEETING
July 14 , 1970
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Supervisor McCord called the regular monthly Board Meeting to order. at
7 : 55 P . M . at the Varna Community Association Center , Varna , N w York .
Present were Supervisor McCord , Councilmen Cotterill , Tarr an ' Webb ; Attorney
Amdur , Zoining Officer Stewart , Planning Board Chairman , Alto ; Reed , Absent :
Councilman Gridley5 ( arrived at 9 : 40 P . M . )
Supervisor McCord opened the meeting with the Pledge Allegiance to the Flag .
At this time . Supervisor McCord called on William Bailey of t George B .
B ailey Agency to report on the status of the town ' s insurance . Mr . Bailey
passed out copies to the members of the Board regarding the _ nsurance break
down . He proceeded to go over each item . ( Copy of the break- own attached.
in the Minute Book ) . Mr . Bailey reported that the claim on tie water suit
is pending and has not been paid . He called Syracuse on Mond : y to find out
why it had not been paid . He was told that they were prepare . to pay it and
h e would call Mr . Bailey back . Mr . Bailey said that he plan ed to go to
Syracuse on Wednesday the 15th and hoped to pick up the the k then and
d eliver it to the Town office . He said that he has one conc : rn , when he was
in Varna with the fire department and someone was there fro the water
d epartment in Ithaca and told him when they turned the hydr .; nt on , the
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furtherst one up here , to turn it on very slowly , because i . they didn ' t
they would rupture the main Where the town had the water pr blem , so he
doesn ' t know if that problem is solved yet . Harold Case claimed that the
problem will never be solved because its a dead end . He sai . that they ; t
were all aware of this problem . Mr . Bailey also recommended that the
town building be reappraised for insurance purposes . The 1 . st time it was
appraised was in early 1969 . There will be no cost to the gown for this
appraisal . Mr . Bailey felt this was in order due to the ingreasing building
costs .
RESOLUTION # 115 REAPPRAISE TOWN BUILDINGS
Councilman Gotter. ill offered the following resolution and asked its adoption .
RESOLVED that the Town Buildings be reappraised for insur . nce purposes .
2nd Councilman Tarr • ' Ca ried
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„' Iih G r' 0 ° GE o O , 0 . 0 Ley AGENCY. c 1 I ki, Ll
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• : 1 , : : : 1 1; ! ,t EVERY INSURANCE SERVICE "
PLEASE REPLY TO :
WILLIAM G . BAILEY
DRYDEN . NEW YORK 13053
AREA CODE ®07 � •
844- 4348 ( °a_,
Kv
July 14 ; 1970
Town of Dryden •
Dryden , New York 13053
Gr 41emen : .
F }g is a summary of your insurance program for the year 6/ 1 /70 to 6 /1/71 . At the present
ti . .. , all of your insurance expires on 6/ 1 /71 with the exception of the bonds which must be
written for the term of office , and the compensation which expires 1 /1 /71 .
Expiration Date Coverage Premium
12/31 /70 Rosemary Stelick - Tax Collector $ 539 , 891 . 22 $ 405 .
• . 12/31 /70 Rosemary Stelick - Town Clerk 4 , 000 . 10 . •
12/31/70 Joan Wallenbeck - Sec ' y - Bkkpr - Supvr . 4 , 000 . 10 .
12/31 /70 ' Richard C . Case - Highway Supt . 4 , 000 . 10 .
12 /31 /70 Jean Ryan - Deputy Town Clerk 4 , 000 . 10 .
1/ 1 /71 R . D . Sickman - Civil Officer 4 , 000 . 10 .
1 / 1/71 E . J . Newhart - Police justice 4 , 000 . 10 .
12 /31 /70 F . P . Frost - Civil Officer 4 , 000 . 10 .
12/31/70 Byron Van Zile -Civil Officer 4 , 000 . 10 .
1 / 1 /71 M . J . Hoagland - Police Justice 4 , 000 . 10 .•
12/31 /70 Charles McCord - Supervisor • .. 4,,: 000 ' .. • 50 .
. = =
. ,. ,,5/ 1 /71 '- Automobile Liability - 100/300/50 - - 6 % Experience Debit on Liability
i 36% Credit on Physical Damage
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Fire , theft and combined additional coverage $ 250 . 00 deductible collision
on specified vehicles $ 3 , 482 .
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• SINCE 9036 - POLICYHOLDERS HAVE BEEN OUR FIRST CONSIDERATION
WWII L.lryuen .
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6/1 /70 - Special Multi - Peril Policy Coverage Premium
100/300/50 - Bodily Injury & Property Damage Liability
Office Building $ 21 , 500 .
111 Contents -Office Building 5 , 000 .
Town Barn 38 , 500 .
Contents -Town Barn 10 , 000 , $ 1 , 073 .
$ 2 , 000 . - Money & Securities Coverage
( 1 /1 to 3 /y - $ 20 , 000 . )
6/ 1 /71 - Voting Machines - All - Risk Coverage .
8 machines covered $ 5 , 300 . $ 25 .
6/ 1 /71 - Construction Equipment
Fire , Lightning & Transportation $ 112 , 400 . $ 528 .
6 / 1 /71 - ' 64 Caterpillar/Front End Loader
All Risk Coverage with $ 1 , 000 . deductible $ 30 , 000 . $ 240 .
6 / 1 /71 - Owners & Contractors Protective Liability
100/500/ 100 $ 23 .
Over -width permits & highway openings
1 /1 /71 - Compensation ,
Statutory Coverage $ 4 , 692 .
1 / 1 Compensation - (Volunteer Fireman) $ 3 , 213 .
The loss experience which . resulted in the 6% experience debit on the Automobile Liability
policy is as follows :
6/7/67 Auto Property Damage $ 30 . •
7 /21 /67 Auto Property Damage 134 .
7 /11/68 Auto Property Damage 128 .
8 /9 /68 Auto Property Damage 600 .
10/30/68 Auto Property Damage 600 .
2 /24/69 Auto Property Damage 415 .
$ 1 , 907 . .
During the year 6/ 1/69 to 6/ 1 /70 the following claims were reported :
8 /26 /69 . Bodily Injury & Property Damage
1 / .8 /70 Auto Property Damage $ 182 . 43
2 / 9 /70 Auto Property Damage 223 . 13
2 /20 /70 Auto Property Damage 106 . 89
The I aims are not included in the experience rate for the current policy . However , there is a
suitd for $ 100 , 000 . for the accident of 8/26 /69 . I am including these claims in this report
for ,. . information .
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Supervisor McCord asked if there were any questions for lVIr . Bailey . Mr .
DiGiacomo inquired about the insurance on the West Dryden Community Center
and was told that it was now their expense . Mr . Bailey had not been notified
that the insurance should be changed and the Town is still carrying the
policy . Mr . DiGiacomo informed Mr . Bailey that the policy should be sent to
the Treasurer of the Greater West Dryden Rural Community Cooperative , Inc . ,
Mrs . DiGiacomo , 479 Sheldon Road , Freeville . The premium has been paid by
the Town and the Town should be reimbursed from the West Dryden Community
group so Mr . Bailey suggested they pay him and he would reimburse the Town .
Mr . Bailey said that in the future when the premium comes due , he will mail
it direct to the association . Being no further questions , Supervisor McCord
thank Mr . Bailey .
COUNTY BRIEFING :
County Representative Lee was present and commended the Board on continuing
the policy established a few years ago to circulate through the town . He
thinks its a very useful activity and expressed the hope that more towns in '
• the county would adopt this policy . Community College : Mr . Lee reported that
they are in the process of selecting an architect . Licensed. Practical
Nursing : Has been accepted by the State Education Department under the auspi
of the Community College . Refuse : The Town of. Dryden had a very significant
impact in the formulation of a " Bill of Rights " re refuse operation . This
came about by the efforts of Wade Alexander and and Bill May and the follow-
ing proposals are going to be adopted by the Board of Representatives :
1 . Any site selection shall take into account existing adjacent
land uses and proposed future land uses .
2 . Adequate steps shall be taken to insure that the impact on
the ecology of the area is minimized and insure freedom of
ground and surface water pollution . And arrangements should be
made by the County Health Department to periodically sample and
test the waters that may be adjacent to such sites .
3 . By completion of preliminary plans informational meetings shall
be held to inform people of the proposals .
4 . The County shall assume responsibility for or insure that the
approach roads are of adequate size in construction to take ad -
ditional traffic which may result in the proposal . Any visual sites
of the approach roads shall be maintained and strengthened .
5 . Suitable steps shall be taken to provide or enhance visual
barriers around the refuse to restrict direct view of the disposal
area to the general public along these approach roads and the
intrigity of the natural visual barriers of bumpers shall be
maintained .
6 . The _ entrance to the site shall be designed , landscaped and
constructed in such a way that it will not detract from the general
character of the neighborhood .
7 . As a matter of policy , consideration should be given to limiting
the operation of a particular site for a period of about 15 years .
8 . Regulations dealing with anti litter shall be enforced vigerously
in the vicinity of the refuse site and the immediate approach road
shall be controlled generally at daily intervals to 'remove
accumulate litter .
County - Representative Lee also reported that a resolution has been adopted
by their Board which passes to the Health Department the responsibility to
insure that the open face dumps are appropriately closed and the rodent
control executed . Ball Park Budget : Mr . Lee reported that under the Charter
they have some different responsibilities and different time schedules . As
Chairman of Budget Administration for the County , he reported that they have
Alhput together a budget exclusive of _ •any salary increases that are yet to come
about . This was reported out on June 23rd to the executive committee of the
Board of Representatives and the Budget Administration has to follow certain
guidelines . Timetable : July 15 through September 1st they are going to shake -
down further the actual departmental budgets . ' Also Mr . Lee ' s committee will
hold an informational meeting in early September inviting the people of
Tompkins County to review this budget . Assessing : Board of Assessors has
convened and in most cases has upheld the rulings of the local review board
that came up from the various municipalities . There were a total of. 138 case ;
for Tompkins County which were reviewed and believe they have satisfactory
resolved the situations to the best of their knowledge . The increased
assessed value for the county is 9 . 8 million ; last year assessed value
increase was 9 . 6 ; the year before around 13 million . Mr . Lee felt this was
good in view of the tight money . Town of Dryden , 40 , 447 , 500 is the tentative
roll . Dryden had a tentative increase of 2 . 2 million , versus P. 7 million
last year , versus 2 million even the year before . County Water Agency : There
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w as considerable discussion at the first meeting; that the time has arr ' ved
to act on this particular topic and they are advocating more committee . ,
more studies , more surveys ; and the general consensus of the water age cy
seems to be lets have some action , lets formulate a definite plan of
action for this very serious problem for the county . County Sewer. Agency :
They are getting closer to the purchase of the Cayuga Heights plant . T . is
w ill be the cornerstone of a beginning of a County treatment facility for
the northeast axis Town of Dryden , Town of Ithaca , and Town of Lansing .
Mr . Lee tried to include the area of Turkey Hill and route 366 but the
consensus of the engineers is that it would be such an expensive proposition
per unit rate that it just is not feasible at this time . Labor Negotiations :
J ohn Murphy , Commissioner of Budget & Administration is the chief negotiator .
On the 15th of. July there will be labor negotiations for the county accord -
ing to the Taylor law . Court House : Changes as follows : first floor vill
be the County Clerk ' s Office , second floor will be the Judicial secti . n
and the third floor will remain as is . The house that hold the Civil
D efense and Board of Elections offices will be torn down . The adminis rative
building purchased from Ithaca College will become the administrative
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units . A study has just been concluded re the old Court House being
established as a national historical site . The estimated cost for this"
project is $ 200 , 000 . Data Processing : Another responsibility of John Murphy
is data processing . The Board has contacted a representative of local
g overnment about the feasibility of conducting a study of Tompkins Co my
that could include the county and other municipalities in government . For
example , as chief fiscal officer in the Town of Dryden , the supervisor has
✓ esponsibility for payroll . They are questioning if it is possible that a
payroll system could be developed in conjuction with the whole area o '
Tompkins County . Mr . Lee said that concluded his report and asked if any
o ne had any questions . Councilman Cotterill inquired about the new la d -
fill site as to when it would be opened . Mr . Lee replied that the equ _ nment-
h as been purchased and the personnel hired and it may be operating to his
knowledge . Supervisor McCord asked if the Health Department had any ' rind
o f time schedule for closing the open face dumps . Mr . Lee replied no , other
than it is hoped that every open faced dump will be closed within a reasonable
length of time . Supervisor McCord reported that if. the Town is going o
close according to the Health Department specifications , it will cost the
Town of Dryden $ 7 , 000 according to Superintendent Case . He said that le is
quite concerned about this and would appreciate it if Mr . Lee would c . eck
this out . Jeanne Vanderbilt called attention to the fact that at the and -
fill Site they have run into shale 13 " below the ground and expressed
concern over the type of testing that had been done to meet the requi e -
ments required for this site . She questioned is this the most suitable
location . She also questioned the suitability of the soil . Mr . Lee said
that the test conducted by the State Health Department was the high w ter
table and of the three sites that were looked at , this site on Caswell
Road was recommended as the best . He expressed hope that this will be a
first class operation .
CITIZENS PRIVILEGE OF THE FLOOR :
H erb Snow claimed he has written two letters ( one in November and on - in
D ecember , 1969 ) to the Town Board and he has not received any answer . He
h as tried unsuccessfully to get the contractor to fix the lawn , drivoway ,
and retaining wall . He explained that a year ago they dug up the law to
put the sewer line through Varna . Also the retaining wall has cracke •
d ue to settling . Supervisor McCord reported that Attorney Amdur has calked
to the contractor about this and other situations that have arisen d e to
the installation of the sewer . Attorney Amdur has also sent copies of the
letters from the damaged party to the contractor and Miller . Mr . Snol said
the contractors have been back a couple of times and each time they oust
scratch the surface up and say they will be back the following day a d •
they never show up . He said the concrete retaining wall cracked thro gh
the winter in two places and about a month ago it cracked in a third
place . He was told to put it in the form of a letter and send it to Ihe
B oard . Attorney Amdur reported that the Town still has a performance bond.
on the contractor , of which he has not been released and will not be re -
leased until the Board and the Engineer is satisfied that he has per ormed
h is work . Mr . Snow suggested that the work can be hired done on orde by
the Town Board and billed back to the contractor . Attorney Amdur replied.
that we must have an engineer ' s opinion on it first . 'Supervisor McCo d
said he would try to get some action .
Harold Case reported that it cost him an extra $ 50 . 00 to hook up to he
sewer because he had to hold a digger there trying to find the riser . He
said the riser was off LI feet . Attorney Amdur said it sounded like a
legitimate claim . Supervisor McCord , advised Mr . Case to put the clai in
writing to see if he can be compensated for the extra expense .
Harold Case wanted to know how many more times is the Town Board or
Supervisor going to give Mr . Relyea permit to hook on the water main .
Claims they are tieing up that main when they had a fire there that ;° el/ ening
before the board meeting . Supervisor. McCord said that he gave him per -
mission while he was hooking up to the septic system as it was draining
h is water supply and that it was a question of supplying water to the resi -
d ents of the park or having a serious water shortage just for the duration
of that construction . Supervisor McCord said if that construction is over
with , he should be unhooked . Mr . Case expressed doubt with Mr . Relyea ' s
story . Supervisor McCord said he did not come out and inspect it , he took
h im at his word . Mr . Case also wanted to know who is inspecting the sewer
project because he claims Relyea is not legally hooked up and he could
show it to anyone as to whats going on . He claims he could not cover his
hookup until the city inspector checked it . Supervisor McCord said Mr .
, Relyea would be subject to the same inspection as Mr . Case was . Supervisor
McCord reported that Mr . Relyea is not hooked into the sewer yet and he is
paying the same rate for water as the rest of the people in Varna . Mr . Case
insisted that Relyea is hooked into the sewer and he could prove it . Mr .
• Case said he may be just pouring water into it , he couldn ' t say , but that
he was hooked up to the riser with a plastic hose coming out of the earth
running right down in the riser . Supervisor McCord said that it should be
brought to the attention to the City of Ithaca .
Mr . Snow said that he had two land markers that were completely destroyed
and never replaced . He wanted to know if the contractor was liable to re -
place the markers . Attorney Amdur said if the contractor stayed in the
right of way of digging , then the contractor would not be liable . He said
the markers were between the highway and the excavation . Attorney Amdur
said she would have to check the contract . He said both of his land markers
are gone and this will involve considerable expense in the event that he
must get a survey .
Harold Case also wanted to know how the highway items are budgeted . He
asked if the town give the highway superintendent a lump sum to operate
w ith or does he present a plan of the roads he is going to work on . Super -
✓ isor McCord reported that his items are budgeted . Gary Lee said that it
takes about three evenings at budget time going over each item with
Superintendent Case . Supervisor McCord said there will be a public hearing
o n these budgets and alltthe townspeople are invited to attend and raise
q uestions that they have on it . This conversation carried on to the dis -
cussion of road conditions in the Town of Dryden . There was mention of the
condition of Zeaman Road ( now a part of Hanshaw Road ) , also the Wood Road .
Jeanne Vanderbilt said that she called Dick Case the following day after
the June board meeting because of the man that couldn ' t get his mail and
utilities because the road was closed . The highway department sent a man to
take the sign down " road closed " and she claims it actually took two hours
for this man to take one sign down . The sign at the other end of the road
is still Up . She said that this man put put up a road marker that said
" North Wood Road " . She claimed that the highway department has not done a
thing with this road , the condition of the road remains bad with large
potholes . Supervisor McCord said that the other end. of. Wood Road was in
good repair . Mr . Shapley was present to request that the highway department
cut down the old grape vines bh -. Mt :. . Plea:sant Road that scratch the cars .
Stephen Shulman was present and presented his engineers plans for the
proposed . trailer park that he hopes to construct on Hanshaw Road . The set -
back requirements have been met according to the Board ' s request . Plans
showed the elevation and the drainage of the property . The miniture municipal
sewer plant more than meets the health department standards . The system
was made for 50 trailers minimum and it was set on a 400 gallon per day
per trailer bais , which the county requires . New York State says it only
takes 150 gallons per day and Mr . Shulman said they will be metering this
system to see what it does take . The Health Department will be watching
' , this system very closely because they will re - evaluate trailers from this
park because of this sewer system and metering that they are doing at their
own expense . The trailers have been reduced from 48 to 46 . The water system
will consist of two wells and a 21 , 500 gallon concrete surnerged storage tank
and a pressure tank which will provide 2000 gallons per minute per peak
period which for 46 trailers is impossible to reach according to Mr . Shulman .
He claimed that it is impossible for this trailer park to run out of water .
It will have a complete one day reservoir supply if everyone turned on their
faucets and let it running all day . It will be geared for a maximum pumping
of 50 gallons per minute pressure . The sand filter is 96x91 , it can handle
20 , 000 gallons per day . It will require an engineer to run the sewer plant .
In the beginning they will have someone in once a week to run the sewer
plant . Mr . Shulman expects to be licensed in about six weeks to be able to
run the sewer plant . Water distribution services laid out is 45 pounds of
water pressure per square inch at all times . There will be 3 / 4 inch service I
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to each unit . He will have a list of rules . One will be that lawns shall
be mowed by the trailer owner . The park and play area will be mowed by
the park owner . He is going to have a manager . He is not sure of the use
for the service building , one use will be an office and perha . s a coin
operated laundry , candy and cigarette machines . He was inform : d by Super-
✓ isor McCord for that provision it too requires a special per it . Mr .
Shulman said that if having the laundramat will cause problems , he could
leave it out . He was just providing this service for the convenience of
the park . He said that he had mentioned the service building aid laundra -
mat at the publid hearing and no one objected to it . No ruling was made
on the laundramat at this time . There will be 62 parking space , 25 foot
paved roads . All off street parking . At this time Mr . Shulman equested
approval of the plans subject to final approval from the Healt Department .
The Health Department has already given preliminary approval ol the plant .
The Health Department had just received the plans on the morni g of the
14th of July and he expects to have an answer in a couple of woeks . Super -
✓ isor McCord said that he was not in a position to grant the s ecial
permit without the final health department approval . Councilman Webb said O
that as soon as we have a copy of the health department approva , Super -
✓ isor McCord can call a special meeting and they will arrive at a decision .
BUILDINGS & GROUNDS : No report for this month .
SANITATION & REFUSE : It was reported that the town dump is stil being
u sed .
COUNCILMEN PRIVILEGE OF THE FLOOR
Councilman Webb made inquiry regarding the bypass on the Village of Dryden .
Attorney Amdur said there was a resolution and a recommendation wo ' or
three years ago regarding this and she would check the previous es.olution
and write a letter to Connie Cook on the updating whats being doze 'on the
time table .
Councilman Gridley arrived late and asked to be recognized as Co nci _lman
privilege of the floor . He reported that the ' . gr,ass grows tall on the two
properties owned by the Town in the Varna area . He said that he lad done
some shopping around and found that the Town could purchase a ve y good .
mower for around $ 400 . 00 . This was discussed by the townspeople and the
majority were of the opinion that it did not warrant the purchase of such
an expensive lawn mower . It was mentioned that someone be hired t . mow
the lots in Varna .
ATTORNEY
Attorney Amdur reported that Manufactures Hanover Trust is our pa. agent
and was our cremation agent for bond issues of the town , and with the
pollution problem we have been required to enter into a new contr ., ct to
pulverize the bonds at the same cost . She said the cost is about $ 10 . 00
for each set of bonds per year and the town has three sets . She requested
the board to pass a resolution to this effect . She also reported t at
e very town is required ': to have a Code of Ethics and that had to be filed
w ith the State Comptroller by December 31st . She has sent for the orms
and suggested a committee of two people could work on it . Attorney Amdur
✓ eported on the decision from Judge Slone in the matter of Michael Pichel
against the zoning officer of the town . One of Mr . Pichel ' s claims is that
the ordinance violates almost all his constitutional rights . The court did
make the finding that the preparatory work done by Mr . Pichel is not such
work as took this property out of the jurisdiction of the zoning o dinance
and that , therefore , Mr . Pichel was obliged to obtain a building permit . •
Attorney Amdur has an order which she will send to Judge Slone and she
w ill proceed further . She expects Mr . Pichel to appeal . As for the summons
that Mr . Pichel claims he was not personally served is true . Attorn y
Amdur explained that this is in the nature of a communication by th -
justice court to anybody who has violated the zoning ordinance . It is not
a start of any proceedings , it is a request to come in and discuss he
situation and gives the person an opportunity to correct the violat _ on
before there are any proceedings in the town court . The court pointtd out
to Mr . Pichel the service of a warrant based on the information fro the
zoning officer which results in the apprehension in being taken to ' he
justice court is the way that the procedure is instituted . She has o wait
for Judge Slone to sign the order and file it to make it complete . _ rom
w hat she understands , the building complies with the setbacks . If tha use
✓ iolates the zoning ordinance we will have to proceed on that basis . He has
to get a permit .
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RESOLUTION # 116 PULVERIZE BONDS
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• RESOLVED that Supervisor McCord be . authorized • to enter into a
contract with Manufactures Hanover Trust to pulverize the bonds .
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STATE OF NEW YORK ) - .
COUNTY OF TOMPKINS ) ss . :
TOWN OF DRYDEN )
This is to CERTIFY that I , Rosemary Stelick , Clerk of the Ton f
of Dryden , Tompkins County , Dryden , New York , have compared the or-
going copy of the resolution with the original on file in this office
and that it is a true and exact copy of said resolution duly adopted .
. ' • by said board at a regular meeting held on the 14th day of July , 1970 .
Dated : September 8 , 1970 ,, / .
Rosemary Std is --
Dryden Town Clerk
( SEAL )
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RESOLUTION # 116 PULVERIZE BONDS 57 ,
Councilman Cotterill offered the following resolution and asked its adoption.
RESOLVED that Supervisor McCord be authorized to enter into a • contract
with Manufactures Hanover Trust to pulverize the bonds .
2nd Councilman Tarr . Carried
. Supervisor McCord appointed Councilman Webb and gave him the authority to
appoint another member of the Board to work with him. to look through the
requirements by the state for a Code of Ethics to be adopted by the Town
Board .
ZONING OFFICER
,._L . Zpning Officer Stewart reported to date that there has- been 77 permits
' issued .
` ' , - Supervisor McCord introduced Alton Reed , Chairman ' of. the Planning Board ,
and asked him to bring us up to date on their activities . Mr . Reed re -
1 ported that the mobile home park ordinance is about ready to bring to a
public hearing , hopefully in August . They have met with trailer park
owners twice and plan another session soon . They have approved five sub -
divisions since March .
FINANCIAL REPORT
• Highway Fund : Beginning Balance 6 - 1 - 70 $ 131 , 599 . 39
Less : Disbursements 15 , 370 . 14
. Ending Balance 6 - 30 - 70 116 , 229 . 25
Reserve in Certificates of Deposits $ 60 , 750 . 00
General Fund : Beginning Balance 6 - 1 - 70 $ 5 , 425 . 11
Add : Receipts . 4 , 024 . 76
$ 9 , 449 . 87
.Less : Disbursements 5 , 670 . 33
Ending Balance 6 - 30 - 70 3 3 , 779 . 54
Reserve in Certificates of Deposit $ 20 , 000 . 00
RESOLUTION # 117 HIGHWAY BILLS
Councilman Gridley offered the following resolution and asked its adoption .
", RESOLVED that . the Highway Bills be paid as audited .
2nd Councilman Tarr Roll call vote - all voting YES
RESOLUTION # 118 GENERAL BILLS
Councilman Cotterill offered the following resolution and asked its adoption .
RESOLVED that the General Bills be paid as audited .
2nd Councilman * Webb Roll Call Vote - all voting YES
RESOLUTION # 119 ELECTION INSPECTORS
I Councilman Gridley offered the following resolution and asked . its adoption .
RESOLVED that this Town Board appoint the following Election Inspectors
for the year 1970 at a rate of $ 1 . 60 per hour , and
BE IT FURTHER RESOLVED that the rate of pay will be $ 1 . 85 per hour effective
September 1 , 1970 .
Republican Democrat
District # 1 Agnes Snow Mrs . Daniel Seewald
I Beverly Schaufler Lillian Church
Agik
Ruth Munch Fred Griffin
Ailene Brown
rL District # 2 Mildred Sweet Zelda Weibly
. Ralph Vantine Marilyn Czerenda
r Mona Spaulding
HDistrict # 3 • Leona Sherman Edythe Humphrey . •
N ita Marion Suzanne Cardwell
District # 4 Florence Payson Viena Ketola
Marie Petersen Beatrice Westfall
I District # 5 Gladys Stewart Verna Myers
Frances Terry Walter Westfall
District # 6 Velma Blackman . Josephine Talbot
N ettie . Williams Nellie Fulkerson • >
B arbara Frank .
District # 7 Rena Kirk Rosalie Yarosh
- Florence Seaman Barbara Ensign
2nd Councilman Tarr Roll call vote - all voting YES
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Discussion followed regarding extra compensation for the chairman of each
election district . The Town Clerk said in the past $ 5 . 00 extra had been
paid to the chairmen . She also reported that she had talked to Mr . Downey
about this and he said years ago they paid the chairman of the election
district $ 5 . 00 because they had to pick up their own supplies at the Board
of Elections . Since the Town Clerk delivers the supplies , the extra
compensation was discontinued . Mrs . Stelick reported that 5 of the 7
chairmen get the supplies delivered to their door and they must deliver the
supplies to the polls and return them to their house to await pickup by
the Town Clerk the following day and its a responsibility on their. part .
Supervisor McCord suggested that Councilman Gridley investigate this
situation and report back his findings and recommendations to the Board at
the August 3oard Meeting . - -
RESOLUTION # 120 RECREATION PAYROLL
Councilman Cotterill offered the following resolution and asked its adoption .
RESOLVED that the Supervisor be authorized to process a payroll every
two weeks for the Town of Dryden Youth Program . Vouchers will be audited
at the following monthly Town Board Meeting .
2nd Councilman Tarr Roll call vote - all YES .
Supervisor McCord reported that Superintendent Case had reported to him
that the road ditcher was no longer in operating Condition . It was purchased
several years ago as a used piece of equipment / ta beyond repair . He ,
therefore , asked the Board to authorize the highway superintendent to
advertise for bids not to exceed $ 39 , 000 . Councilman Cotterill felt that
the Board should have more reports from the highway superintendent regard -
ing the condition of the equipment . He said that he saw the road ditcher
the previous week and it is worn out and ` it was an effort to keep it
running . He said he is very aware of the fact that the highway department
needs this piece of equipment replaced . But in his opinion he said he found •
it very difficult to say " yes " or " no " on this amount of money without
previous knowledge . Councilman Webb expressed similar thoughts on this
matter . Councilman Gridley said there is an inventory and its on file each
year . Councilman Cotterill said that he was aware of that but it is not
passed out to the board members and he has never seen it . He felt that at
budget time that each of the board . members should have the individual
report giving them more details on these items and relative situation of
the equipment .
RESOLUTION # 121 ROAD DITCHER BIDS
Councilman Gridley offered the following resolution and asked its adoption .
RESOLVED that the Superintendent of Highways be authorized to advertise for
bids for a road ditcher not to exceed $ 39 , 000 .
2nd Councilman Cotterill Carried.
OLD BUSINESS
Supervisor McCord announced that the Town Board will be taking some action
on the Drug Council and asked if any members of the board had received any
further : recommendations regarding the drug council . They replied they had
not been approached about the subject . Leora Amdur reported that she and
a few others tried to hold a meeting but it was scarcely attended . The
people that she has contadted want Rev . Fried on the council as a person
who can get throup; h to the kids and the kids would like to be represented
by Jim Morano . She also recommended Dr . Mullholland and her father , Edgar
Amdur , who has worked with youths . The purpose of the drug council was
discussed at length and many were of the opinion that it is a very vital
issue and the need for a drug council is evident .
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August Board Meeting will be at the Town Hall on August 11 , 1970 .
Councilman Gridley made the motion that this meeting; be recessed .
Meeting recessed 10 : 55 P . M . Charles G . McCord - Supervisor
Rosemary Stelick - Town Clerk
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JULY 14 , 1970 .
The recessed meeting of July 14 ,. 1970 was called to order by Supervisor
McCord . Present were Supervisor McCord , Councilmen Gridley , Cotterill ,
Tarr and Webb . Also present was Attorney Amdur .
Minutes of the Van Epps - Rumsey - Ithaca Corp . decision as set forth by
Attorney Amdur is as follows :
" Town Board Public Hearings of the Town of Dryden , New York , held on
June 18 , 1970 and July 9 , 1970 , at the Town Hall , on an application
for a . Special Permit for a Mobile Home Park to be constructed on
Sheldon and Neimi Roads , Town of Dryden , an RC District .
• Each Public Hearing was duly advertised and in accordance with the
policy established by the Town Board , individual notices of the
hearing were mailed to adjacent property owners .
REVIEW OF HEARING : - a !3U."
At the June 18th hearing Mr . Van Epps appeared with his
,
attorney , Truman K . Powers , outlined in '
. n detail his proposed plan for z , i`
o the park to be built in four stages , with fift y ( 50 ) mobile homes
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installed at each stage of development . He explained the water supply sewage disposal service , which have been approved by both the State
Health Department and the City Health Department . He discussed the
plans for roads , sidewalks , rules of the park , etc . , as is more fully
set forth in the minutes of the hearing . The plans include provisions
for a laundrmiat and small grocery to accommodate park residents . A
document was received from the Board of Directors of the West Dryden
Community Center , which document is included in the records of these
proceedings . Said document made certain recommendations relative to
the proposed as well as to other mobile home parks . The matters of
density , overcrowding of schools , etc . at length , was discussed by
area residents , who also raised questions as to :
1 . Pollution
A . Possible pollution of Fall Creek and other
D . waters by the proposed park septic system .
B . Provisions made or to be made to curb the use of
detergents , etc . , which contribute to pollution .
2 . Water
A . The effect on the area water table by the installation
of a well or wells servicing 200 families .
B . The effect on neighboring wells by the installation of
such . ' . well or wells .
It was agreed that there would be a subsequent hearing , at which
time Mr . Van Epps would produce his engineer ,, Thomas Miller , or a
representative of the Engineer , to answer those questions . All parties
having been heard , the Hearing was adjourned .
At the July 9 , 1970 Hearing Mr . Van Epps appeared with his
Attorney , Truman K . Powers , and Robert Flumerfelt , Engineer , an associate
of Thomas Miller . James Buyoucos , Attorney , appeared on behalf of area
residents in opposition to the application . A petition objecting to the
park was submitted and made a part of the record . Mr . Flumerfelt ad -
dressed himself to the discussion of the proposed sewage system , stress -
ing compliances with all present regulations of the State and Local
Health Departments . He stated that it is difficult to ascertain the
effect of the well on either lowering water tables or interfering with
neighboring wells . After hearing all of the parties and their repre -
sentatives , the meeting was adjourned , the Town Board being satisfied
that all questions had been fully discussed and that all parties had
been allowed ample opportunity to develop their respective positions .
FINDINGS OF FACT :
Upon consideration of all the information supplied to the Town
Board at both hearings , and all members of the Town Board being familiar
with the site in question , and after hearing all parties in interest ,
the Board finds that 200 mobile homes situated on the site in question
would create a density incompatible with , and deleterious to , the
surrounding neighborhood and could adversely affect the water table and / or
the water supply on neighboring parcels . The Board finds that the
60 proposed laundromat and store while proposed to be for the use and
benefit of park residents only , cannot be limited to such Lse , as a
practical matter , and would be an undesirable commercial use . The
Board further finds that a park limited to 50 mobile homes would be
a reasonable use of the site , and would not result in a detrimental
affect on the adjacent properties , nor would it cause undue pollution
or water problems , nor would it otherwise adversely affect the health ,
safety and general welfare of the community .
RESOLUTION # 122 - DECISION
Councilman ` . Gridley offered the following resolution and asked its
adoption . . .
RESOLVED that the Town Board direct that a Special Permit be ' issued
to the applicant to construct a Mobile Home Park on Sheldon and
Neimi Roads , upon the following terms and conditions :
1 . The Mobile Home Park shall contain no more than 50 mobile homes .
2 . There shall be no laundromat or grocery store or any other
commercial structure erected within said park , except a stricture
411
used for mobile homes sales and service offices , and / or stores .
3 . The applicant shall construct at his own expense all necessary
park roads which shall be oil penetration roads and 35 feet wide , and
shall construct concrete sidewalks and shall have one street light for
each mobile home .
4 ,. Each mobile home shall be on a concrete pad and each shall have a
storage unit .
5 . The applicant shall maintain the park in a clean and orderly
manner .
6 . The applicant shall provide reasonable and appropriate landscaping ,
and shall provide two trees on each property line and shrubbery be -
tween the mobile homes .
7 . There shall be a distance of at least 12 feet between the fronts
of each mobile home and thirty feet in the rear .
8 . Lot size shall be at least 50 ' x 100 ' .
9 . A recreation area shall be provided for , of suitable size for 50
families .
10 . All rules and regulations of the County Health Department and
State Health Department shall be fully complied with .
11 . Failure to comply with any or all of the terms and conditions :
above stated shall result in a revocation of the Special Permit .
2nd Councilman Cotterill Carried
VOTE : For : Councilmen Cotterill , Gridley , Webb
Against : Supervisor McCord , Councilman Tarr
RESOLUTION # 123 - CYCLE CITY PERMIT
Councilman Gridley offered the following resolution and asked its
adoption . . .
RESOLVED that this Board grant the Special Permit to John Arnesen for
a storage and service building at Cycle City , Route 13 , in the Town
of Dryden .
2nd Councilman Tarr Roll call vote - all YES
Copy of the Review of Hearing , Findings and Decision is attached to
minute book .
Meeting adjourned Charles G . McCord - Supervisor
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RE : Arneson ( Cycle City )
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i II Town Board Public Hearing held on July 14 , 1970 at 7 : 30 P . M . i '
at Varna Community Center , Town . of Dryden , on the application
for a Special Permit for a storage and service building at
the
m . Cycle City property , Route 13 , Town of Dryden , New York , under . .
111 Section 902 , Town of Dryden Zoning Ordinance .ii I
_ The Public Hearing was duly advertised and individual '
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notices of the hearing were mailed to adjacent property owners .
III, REVIEW OF HEARING :
I Mr . Arnesen appeared at the hearing and stated that the •
• storage area was necessary to the existing business in view
of recent number of thefts of machines and parts . The
o _ the
existing quarters are also not large enough for the mechanics ' .
working quarters . The • new structures will be adequate for
both storage and service facilities .
FINDINGS : .
. Upon consideration of all the information supplied and •
, after hearing the applicant , no other parties being present
•
to express an opinion either in favor of or contrary to the
proposed project , and the application indicating that all
zoning requirements regarding setbacks of the structure have •
, been complied with and also that Tompkins County Health
Department approval was obtained on May 13 , 1970 , the Board •
,
finds that the structure is a reasonable and necessary
adjunct to the business of the. applicant . .
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DECISION : '
The issuance of a building permit is unanimous )
L y a pproved
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by the Town Board , the Supervisor and all councilmen being
present .
Town Supervisor
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