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HomeMy WebLinkAbout1971-09-13 159 SEPTEMBER 13 , 1971 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Dryden held September 13 , 1971 , at Houtz Hall , Etna , New York , commencing at 7 : 30 P . M . Present were Supervisor McCord , Councilmen Gridley and Webb , Zoning Officer Stewart , Highway Superintendent Case and Attorney Amdur . Also present approximately 25 citizens of the town . . Absent : Councilmen Tarr and Cotterill . The Meeting was called to order by Supervisor McCord . The Meeting was opened with the Pledge Allegiance to the Flag . Roll Call was by the Town Clerk . Supervisor McCord asked the Board if there were any additions or corrections to the August 10th Regular Board Meeting Minutes . Being none , motion was • made by Councilman Gridley , seconded by Councilman Webb that the Minutes , as distributed by the Town Clerk , be approved . COUNTY BRIEFING : Mrs . Schickel was unable to attend due to illness . Supervisor. McCord reported that he approached County Representative Lee ✓ egarding town control of town road speed limits . Mr . Lee has brought the matter to the attention of the County Board and a committee has been appointed to 'investigate just what might be done . Supervisor McCord urged the citizens to let their feelings be knownto Gary Lee or Marian Schickel , so that they know there is some backing for the investigation in this area and will continue to pursue it at the county level . CITIZENS PRIVILEGE OF THE FLOOR Harold Case asked if the Town had ever received the State and Federal aid for the Sewer District in Varna . Supervisor McCord replied that the town ✓ eceived $ 33000 from the Federal aid . He reported that some money was ✓ eceived before he became Supervisor . He reported that we have not been able to pay off the $ 60 , 000 note which we are holding ; it can not be paid o ff in part . The $ 33 , 000 is currently in Certificates of Deposit which w ill result in some interest . He reported that several attempts has been made to get the money from the state , but none has been forthcoming . He ✓ eported that he did not know what the rate would be as the number of units is not quite settled . Mr . Harold Case reported that a house in Varna is renting to more than three unreleated people and felt this should be investigated'' by the Zoning Officer . This was discussed at length . The determination whether it is a rooming house was discussed . Attorney Amdur said if it was used for this purpose before zoning , then the Town would have no control . Mrs . Case said it has been rented in the past , but never to so many people at one time . The Zoning Officer was told to check into this and call Mr . Case of his findings . 1 Residents of Wood Road complained that they are having a confusing time e stablishing the name of their Road . The road marker reads " North Wood Rd . " and the Dryden School listsit as " South Wood Road " . It was reported that it was known as Sheldon Road at one time . Peter Curtiss offered to shed. some light on this situation . He reported that it is in fact Wood Road , n either North nor South Wood Road . At this point request for road signs was made : A sign for Upper Creek Road . Supervisor `McCord requested Mr . Curtiss to draw a map where the road sign should be . A directional sign that points to Etna on Route 13 and 366 . It was noted that before the highway was widened at the junction of. 3 and 366 , • there was a directional sign for Etna . A request for a sign on Lower Creek Road to alleviate the confusion over where is Upper Creek and Lower Creek Road . It was asked of. Supt . Case why the town bothers to put of the weight limit _ signs . Mrs . King reported that it is not enforced . Supt . Case reported that the - signs are primarily put up in the spring when the roads are thawing , but it was found by leaving the signs up it helps to discourage tractor trailers and heavy traffic from using the roads that are posted . The state ' s decision to turn down a . request for a reduced speed on Upper Creek Road was discussed . Mrs . King reported that there are 66 children plus 2 day care centers in that area . Mrs . King reported that she attempted to contact Connie Cook but was unsuccessful . Some were of the opinion that putting up slow signs or children at play might help . Presently D 160 there seemed to be no solution . SUpervisor McCord said he wo ld get in touch with Mrs . Cook and arrange a meeting to discuss this m tter with her . Councilman Webb suggested that the , Town Board let Mrs . ook know ° their feelings on this matter a .. o A resident from Lower Creek Road reported how ineffective th reduced speed limit has been on this road . She claimed that the cars come by just as fast even though it ' s posted 35 MPH . She ' reported th t the enforce - ment is nil on this road . She reported this situation to Troo er Randall and they set up one trap and caught ° one speeder . In her opinipn , this was 0 not a true test because they set down by the bad curve and . thatF4is where they have to drastically slow down to make the curve . There w6re suggest - ions made to correct this situation ( 1 ) have the enforcement 11. n a County basis , and ( 2 ) invite the sheriff ' s department to spend some ime in local road enforcement . COUNCILMEN "YRIVILEGE OF THE FLOOR 0 ° III Councilman Gridleynoted that committees would have to be swirched to approve bills in lieu of the absentees of the town board . 0 ATTORNEY 0 Attorney Amdur reported on the proposed amendments to the Zoning Ordinance and one of the items in question involves gravel pits . She rep� rted . that Mr . Liguori of County Planning is in the process of preparing p. map showing existing available sand sources in the county . Mr . Liguori told Mrs . Amdur ' that if the Town Board specifically requested him to do so , he could make a map of gravel sources as top priority . . SOLUTION # 109 REQUEST GRAVEL MAP ; councilman Grielley offered the following resolution and asked is adoption . RESOLVED that this Board request Mr . Ligouri, of the Tompkins County Dept . of Planning , give priority to a survey map indicating gravel sources in the county . a . 2nd Councilman Webb • Carr ed TOWN CLERK • Nothing to report . ZONING OFFICER Zoning Officer Stewart reported that he has issued 30 permits f r this past month . He has had 1 complaint and 3 violation that have b en taken care of . He has scheduled three hearings for a Special Permit o Sept . 23 at 7 : 30 at Town Hall . One request is for a restaurant on Mallor•. ville Road , one request is for,, a billboard and another request is to open a television repair shop at theold Star Scientific building on Handshaw Rda . • °SUPERINTENDENT OF HIGHWAYS There was continued discussion with Superintendent Case about the weight G limit signs . Mr . Wood and Mr . VanAlstine reported that Superintendent indent Case has agreed to put in two culverts at the Lewis Street bridge in the Village of Dryden . It was reported that the bridge is of the size making it a county bridge and aftercthe culverts are in , then it will become a county bridge . • Mr . Wood reported that the village is going to widen the creek d wnstream . Mr . Wood thanked the Town for therr, efforts in this matter . CORRESPOU'ENCE . Supervisor McCord was in receipt of 'a letter from the Beautifica ion °• Council of Tompkins County whereby they . requested an appointment \ of an interested person from the town , if the town desired . to have a r presenta - tive . No action was taken at this time . . Supervisor McCord read a letter from First National Bank and Tru t Co°. of Ithaca regarding a performance bond between the Town of Dryden a d C . W . Sadd . They requested the return of the bonds ( $ 20 , 000 U . S . Treas Ty ) of ° C . W . Sadd in exchange for $ 20 , 000 Town of Hasting , Constantigj, Etc . , NY CSD # 1 7 . 30 % due 7 / 1 / 74 . The market value of the new bonds will be ° greater than the Treasury Bonds , therefore , the Town will not be in a les secure situation . o 0 O a . • oPai G o.. • O 0 ° 0 • k161- i RESOLUTION # 110 BONDS OF C . W . SADD Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that the Supervisor be authorized to comply with the request of the First National Batik k and Trust Company of Ithaca to return $ 20 , 000 U . S . Treasury Bond� �PistRgehame of C . W . Sadd in exchange for $ 20 , 000 Town of Hastings , Constantia , Etc . , ,pr:oyi.ded. .that it meets the approval of the town attorney . _ 4 . 2nd Councilman Webb Roll call vote - all voting YES Supervisor McCord reported that he received a letter from Peter J . Davies of Snyder Hill Road requested that seed be planted at the intersection of Snyder Hill Road and Sodum Road . Supt . Case has agreed to get something t, planted there . RESOLUTION # 111 HIGHWAY BILLS ° Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that the Highway Bills be paid as audited . 2nd Councilman Webb Roll call vote - all voting YES III " RESOLUTION GENERAL BILLS Councilman Webb offered the following resolution and asked its adoption . RESOLVED that the General Bills be paid as audited . 2nd Councilman Gridley Roll call vote - all voting YES FINANCIAL REPORT Highway Fund : B eginning Balance 8 - 1 - 71 $ 161 , 022 . 18 Add : Receipts 6 , 160 . 79 $ 167 , 182 . 97 L ess : Disbursements 33 , 050 . 43 ding Balance 8 / 31 / 71 $ 134 , 132 . 54 General Fund © B eginning Balance 8 / 1/ 71 $ 9 , 085 . 02 Add : Receipts 21 , 845 . 75 $ 30 , 930 . 77 L ess : . Disbursements 11 , 347 . 51 $ 19 , 583 . 26 Less : Investment 10 , 000 . 00 $ 9 , 583 . 26 Add : Redeemed Investment 10 , 112 . 50 E nding Balance 8/ 31 / 71 $ 19 , 695 . 76 JUSTICE REPORT J ustice Hoagland - $ 1230 . Justice Newhart $ 892 . RESOLUTION # 113 APPOINT DOG ENUMERATOR Supervisor McCord offered the following resolution and asked its adoption . . RESOLVED that this Town Board appoint Walter Westfall as Dog Enumerator . , for the year 1971 at ' a salary of $ 150 . 00 . 2nd Councilman Gridley Roll call vote - all voting YES Supervisor McCord reported that appointments to the Drug Council must be made and that Rev . Fried is no longer able to serve on this council . He suggested to appoint the other people and request that the council recommend a minister to - the Board to be appointed at a later date . r,; RESOLUTION # 114 APPOINT DRUG COUNCIL • Supervisor , McCord offered the following resolution and asked its adoption . RESOLVED that the following members be reappointed to the Town of'``Dr. yden Council for the Prevention of Drug Abuse , for the term o£ one year from September 1971 to September 1972 : Walter Baurle , M . D . . Leonard Snow , Attorney J anet Graham E dgar Amdur , Psychiatric Social Worker A designated representative from the Dryden Student Assoc . A designated representative from George Jr .• IJepublic 2nd Councilman Gridley Carried , ' ° RESOLUTION # 115 APPOINT SUBSTITUTE ELECTION INSPECTORS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED that this Board appoint the following Democrates as Substitute Election Inspectors for 1971 : t E sther O ' Neil Joan Bussman L illian Church 2nd Councilman Webb Carried 162 Supervisor McCord said a resolution was necessary to emporer the Supervisor to file for State Aid for the drug council . Councilman We b said he did not understand it and after discussion it was decided to revi w the application when the Board meets on the 21st of September . . RESOLUTION # 116 IMPROVEMENT OF TOWN HIGHW YS ( ERWIN PLAN ) Supervisor McCord offered the following resolution and asked its adoption . RESOLVED that the plan prepared at the request of this Boa d for the improvement of Town Highways and covering all projects contemplated by it , pursuant to Article 8 - A Highway Law , as filed in the offic of the Town Clerk of the Town of Dryden , County of Tompkins , on the 13th day of. September , 1971 , be and the same is hereby adopted ; and befit FURTHER RESOLVED that copies of such plan be filed in the ppropriate State and County Offices in accordance with the provisions of Section ' 220 , Article 8 - A Highway Law . 2nd Councilman Gridley Carried - OLD BUSINESS D onald McKee reported to the Board that he has not heard from FHA regarding financing his mobile home park and he was worried about his time running out for the landscaping requirement . He requested that the oard grant him additional time as he is not allowed to do any work until FHA makes a decision . RESOLUTION # 117 GRANT EXTENSION TO MC KEE Councilman Gridley offered the following resolution and askgd its adoption . RESOLVED that this Board grant a 60 day extension for landscaping to comply with the rules and regulations of the Special Permit previo sly issued to D onald McKee . 2nd Councilman Webb Carried A representative from White Advertising was present and inqul_ red as to the status of their application for a permit to double - face a billboard . The consensus of the Board was that it then would be two signs . 2ttorney Amdur said there is some question about the lights and the set - back requirements 0 do not comply . After discussion on this matter , it was decid d that a new h earing was in order and it would have to be scheduled with he Zoning O fficer . NEW BUSINESS O ctoberUatiLyRegular Board Meeting at Town Hall Motion was made by Councilman Gridley and seconded by Counc11 an Webb/ that this Meeting be adjourned until Tuesday , September 21st . Adjourned 9 : 30 P . M . Charles G . McCord Supervisor Rosemary Stelick y Town • Clerk s 0 . l Q d a G III a B • • 7 163 September 21 , 1971 PUBLIC HEARING National Advertising Co . Supervisor McCord opened the Public Hearing at 8 : 00 P . M . at Town Hall . Present were Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb and Zoning Officer Stewart . Absent was Attorney Amdur . Supervisor McCord reported that the Public Hearing was originally scheduled for 7 : 30 , but the representatives from the National Advertising Company - failed to appear to make a formal request . He further reported that the application was to erect a billboard for Cortland General Agency and Kemper Insurance to be located on Route 13 north of Dryden on the Riley Hemmingway property . The sign has already been erected and is in violation of the zoning ordinance . Consensus of the Board was to get action on this matter "land the sign removed . a RESOLUTION # 118 DENY REQUEST FOR SPECIAL PERMIT 0 NATIONAL ADVERTISING COMPANY Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board deny the request by National Advertising Company for a Special Permit to erect a billboard on Route 13 on the Riley Hemmingway property and recommend that the Zoning Officer turn this violation over 'vto the Town Justice for appropriate action . 2nd Councilman Tarr Carried Closed Hearing 8 : 05 P . M . 9 PUBLIC HEARING 89 Wright Corp . Supervisor McCord opened the Public Hearing at 8 : 06 P . M . Supervisor McCord reported that the purpose of this Hearing was the request of David B . Smith t for 89 Wright Corp . . of 1650 Hanshaw Road for a Special Permit to open up a TV- HI - FI Repair Shop . A representative from the Davis - Fetch Company , L _ who owns the building where the TV repair shop wants to lease space , appeared as the representative for the applicant . He reported that this will be a temporary business location for the repair shop as the Davis - Fetch expects to expand and will need the additional room in a couple of years . O Being no further questions or comments -, the Board made a decision at this time . RESOLUTION # 119 GRANT SPECIAL PERMIT - 89 WRIGHT CORP . Councilman - Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board grant the - Special Permit- to 89 Wright Corp . to °operate a TV- HFi Repair Shop at 1650 Hanshaw Road . 2nd Ccilman ^ Webb Carried Closed Hearing 8 : 15 P . M . • . PUBLIC HEARING HILL ,. PEZDEK & DOLFINGER • Supervisor McCord opened the Public Hearing at -- 8 : 20 P . M . There wernpproximatel ; S 23 ci,tizens of the town present . - Supervisor McCord reported that the purpose of this hearing was to hear all persons in the matter- of the application of Helen Hill , Robert ezdek and Clifford Dolfinger for a Special Permit tor operate a small interested xclusive restaurant at 67 West Mailoryville Road . He further reported that the legal notice was duly published - in the Rural Newsr and Ithaca Journal and the adjoining property owners duly notified by mail . At this time , Supervisor McCord turned the floor over to the applicants . Mrs . Hill , one of the applicants , said they propose to : turn the Baldwin property into a small exclusive restaurant , bar and lounge. They intend to preserve the rustic charm of the property and - further enhance it beauty by additional landscaping . They also expect to build a small inn to accomodate visiting professors and staff which the new college will draw . She reported that the 0 O 0 164 inn will be in keeping with the same quite gracious setting . They will be open from 4 PM - 12 midnight and will . cater. to a dignified mature clientel . At this timetthe floor was open to questions or- comments f� om the area residents . Mr . Kramer opinioned that the Malloryville Road is a poor- spot for a business organization - and in the 13 years that - he - has - lived there it has been - - strictly residential . He mentioned - several - exclusive r staurants in and around " the county and said they were all more - accessible than Mallory - ✓ ille Road would - be . He said - he - was opposed - to this venture) Charles Germand , spokesman for the applicants , stressed tha$ the ' clientel they wish to have will be exclusive type : of people who will enjoy the same , ✓ ustic charm that they - do . They want to remain ' - intimate for the families and friends to come in . He said they plan to stay intthis a ea , therefore , they are trying to plan well . 410 Mr . Lyman Armentrout said het has lived - in that area - for 21 ears and he said that they want their hamlet left as it is . He reported that he is not convienced that it would not change • as • there°r would be additional traffic , and additional litter . He also noted that there is a - 800 galc. on septic tank setting on a water table and- he - questioned - the . Health Department ' s thoughts on this . He reported that • the land is very- swampy . jirs . Watts , • salesman Yaman Real . Estate , replied that ' she. checked with th Health Dept . and they - said as a residence this tank was - adequate , but as , business it w ill have to be changed and the applicants - are - aware - of this and it will be taken - care- of aecording- to . Mrs . Watts Both Mr . Kramer and Martin Beck voiced the fear that - if ° the • usiness fails , the new owners might - have entirely different - intentions . For this reason Mr . Beck said he - was opposed . There was - discussion of the condition of the road . One reside t reported that the road is very narrow ; twisting-- and - curving . t She - report ed that as one rounds the curve by the Baldwin property , there - is just barely room for two cars to - pass and then they must goe_: very slow `:. She said if people are . drinking and traveling this road , then it will be impossi le for the III residents to travel the road . She said the extra. traffic will be detri - mental to the people that . have to travel' that road . Mr . Lawrence Olds was present on behalf of his mother and bro her who owns property that borders on the Baldwin property. He verified th t the curve is blind and very . dangerous . He reported : that: - cars - have ended up more than o nce- on his mother ' s property: The other side - of the road is swamp . The . bridge is onen4ape he • reported . He said: he was opposed to the restaurant as was his mother and brother because . of . the narrow road- and one lane bridge . • Mr . Germand said they intend - to put arp.arking • area - along the s de of the property behind the - row of trees so - that ' the cars will. need to travel about 100 feet = or so - past the bridge and they need not travel the ea tern approach of the road . According : to the people , this did not offer any s lution as the customers- still had - to travel W . Mallbryville Road to get to t e restaurant . The people also did not - think it was • a good - idea : to - discourage customers who would come from Groton and other areas ' who" would have to - u a that section o f the road . One item of disussion pertained to- park-ing along the side of the road and - the havoc it would • create for the- farmers trying to get through w ith their farm machinery . Mr . Germand. said he did not , anticip to the crowd - IIIing on the road . There was much - discussion ? the road. problem that this establishment could create . It was also noted : that ' the : town trucks - - travelLback and forth- on that road for gravel . Mr . Yaman said . that most of . the farm work would be done : by the ime the restaurant . served its first meal . of the day . There - was a. request fora show of hands. . of the people that were opposed . Every resident from. that . area , excluding. Frank Baldwin - and wife , raised-' their i hand in opposition . • • 1' 165 Others who voiced opposition were Mrs . Minges , Mr . LaMott , Mr . Welch and Mr . and Mrs . White . There was continued discussion regarding the stone wall on the shoulder of the road , the narrow road , the mishaps and accidents that have occured . there and the probability of this venture turning into something different than the original intent . The applicants said they did not anticipate heavy traffic . They estimated approximately 10 - 20 cars daily . The capacity- of the dining area will be approximately 501people . As for their experience in this type of venture , they replied that they had access to it . Being no other questions or comments , Supervisor McCord adjourned the Public Hearing . Adjourned 9 : 25 PM 411 Discussion by the Councilmen took place at this time . Councilman Webb said that the people were of the opinion that access to the place is too limited and not feasible without considerable change of the road . Council - man Cotterill said it was human nature for people to object to anything commercial . After considerable discussion of the points of interest report - ed by the citizens and applicants ; it was decided to offer a resolution and have Attorney Amdur draw up a formal . resolution . RESOLUTION # 120 DENY PERMIT TO OPERATE A RESTAURANT Supervisor McCord offered the following resolution and :asked its adoption . RESOLVED . that this Board deny the request for a special permit to operate a reHll . o�t� 67 W . Malloryville Road . ( Attorney to specify reasons in formal 2nd . ounc man Gridley Councilman Gridley - YES Councilman Webb - YES Councilman Cotterill - NO Councilman Tarr - YES Supervisor McCord - YES Board Meeting further adjourned until September . 28th meeting . Adjourned 10 : 10 P . M . � , Charles G . McCord - Supervisor Rosemary Stelick — Town Clerk September 28 , 1971 ., ‘ Supervisor McCord called the adj our:n.ed :Board Meeting ;ta ;order: et . '7, : 45t P . M. : - at the To'In Hall : - Present were Supervisor McCord , Councilmen Tarr , Cotterill , Gridley and Webb . RESOLUTION # 121 . ACCEPT SUNNY SLOPE TERRACE Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that . this Town accept Sunny Slope Terrace as a town road when papers • are in order and acceptable by Attorney Amdur . The road has been approved by Highway Superintendent Case . 2nd Councilman Gridley Carried Town Board Meeting adjourned 8 : 00 P . M . Charles G . McCord - Supervisor • 0