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HomeMy WebLinkAbout1972-05-09 204 May 9 , 1972 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Dryden held May 9 , 1972 , at Varna Community Center , commencing at 7 : 30 PM . Present : Supervisor McCord , Councilmen Webb , Tarr , Gridley and Cotterill , Zoning Officer Stewart ; absent : Attorney Amdur . Meeting was called to order by Supervisor McCord . Roll Call was by the Town Clerk . Supervisor McCord asked if there were any corrections or additions to the minutes of April 11 , April 20 and April 24 . Motion . Inasmade by Councilman Gridley , seconded by Councilman Tarr , that the Minutes of the Regular Monthly Meeting of April 11 , 1972 , be approved as submitted . Motion was made by Councilman Gridley , seconded by Councilman Tarr , that • the Minutes of the Special `Meeting of April 20 , 1972 , be approved as submitted . Motion was made by Councilman Cotterill , seconded by Councilman Gridley , that the Minutes of the Special Meeting of April 24 , 1972 , be approved as submitted . COUNTY BRIEFING : Supervisor McCord reported that Mrs . Schickel would not be present to give a report but she submitted a written report to the Board , as follows : Local Assessment Review : June 12th from 5 - 9 P . M . for the town . The Local Advisory Board is a three member board ; consisting of staff member from the assessment department , a person from the town of Dryden appointed by the Town Board and a member of the Board of Representatives from the Town of Dryden . Reapportionment Committee : Submitted a report on the 20th of April . The Intergovernmental Relations Committee of the County Board requested feed back from the Town Board as soon as possible . The Town of Dryden districts did not change . County Sewer District # 1 : Referendum will be on May 23rd . This will affect residents of the Sapsucker - woods area . Agriculture Districting Advisory Committee : Appointed farmers as follows : Beach Stover , Clarence Benson , Harold Lane and Roger Gleason ; business members , as follows : Harold Scheffler , Edward Carpenter , Vincent Hinkley , and Lenferd Williams . The County Board member is Harry Kerr . They will review the application for an agriculture district in the Town of Dryden made by five farmers . West Dryden : Mr . Lee suggested that the residents of West Dryden Road meet with Howard Stevensons , Commissioner o f Public Works , regarding the condition and work on said road . Resource Conservation and Development Committee : Harry Kerr was appointed to repre - sent Tompkins County . H . U . D . : County is applying to H . U . D . for a Historic Preservation Grant for the Old Court House . Buildings & Grounds : The old Ithaca College buildings , except for the old TV Building and the Boardman House , have been removed . The space will be used for a parking lot for the present . TC3 : Bill has been passed which allows the State to use the Dormitory Authority for the financing of the State ' s share of the construction of the Tompkins Cortland Community College campus in Dryden . The bill awaits the Governor ' s signature which is expected . The necessary funds are in the Supplemental Budget which was passed . CITIZENS PRIVILEGE OF THE FLOOR : Mr . Robert Relyea wanted to know if the district was covered by insurance ✓ e hydrant damage and other losses sustained when the hydrant was knocked o ff by a motorist . Supervisor McCord replied that Attorney Amdur is pursuing the insurance through the individual and it would not be an expense to the district . There was also question as to who was involved in the county • sewer referendum . It was noted that it involved only those on Sapsucker Woods and a resident of Hanshaw Rd . Discussion was had about the lifting o f the moratorium re water hookups . Presently there is 25 allowed hookups , but more expected . Lawsuit is presently in abeyance for now . The questions was asked if it is possible to burn brush or other debris . The answer was no , but one • ' could apply to the Health Department for a permit . COUNCILMEN PRIVILEGE OF THE FLOOR : Councilman Cotterill raised the question about sub - division laws . He felt there has been a lax informing the people what laws if any they are bound by . There was considerable discussion on enforcement and publication . Super - ✓ isor McCord suggested that Councilman Cotterill review the Subdivision 205 Ordinance with the Planning Board and get it updated to correspond to the counties . One of the short - comings of the present subdivision rules is the taking over and building of town roads . It was ` f, elt we need clarification on bringing in soil conservation stabilizing banks . Also some form of publication should be considered . Councilman Gridley commented on the Dryden Village Board meeting - their budget was approved . CORRESPONDENCE : Letter from Cerrache TV Service requesting an increase of 50ch per month for cable service to subscribers in the town . They stated that the request represents an average increase of 2 % per year and meets the approval of the Federal Price Commission . The rate will then be $ 4 . 50 per month same as the City rates . Mrs . Laura Holmberg was present representing the Company . She distributed copies of the franchise agreement with the • proposed changes noted . She noted there is a decrease in the cost of installation . She also noted that prices , wages and equipment has gone up in the past six years and increases in real estate taxes ( doubled ) , also sales and use taxes . � �/ RESOLUTION # 56 ,4' PUBLIC HEARING ( ,of c ' �zr � � a ,f Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board hold a Public Hearing , 8P . M . on the 23rd of May at a place to be determined regarding the request of the Cerrache TV Service to increase their cable service rates by 504 . 2nd Councilman Tarr Carried . JUSTICE ; REPORTS One Justice report ( Hoagland ) $ 1 , 100 . RESOLUTION # 57 HIGHWAY BILLS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the ' Highway ; Biils be paid as audited . 2nd Councilman Webb Roll Call Vote - all Voting YES RESOLUTION # 58 GENERAL BILLS Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , that the General Bills be paid as audited . 2nd Councilman Cotterill Roll Call Vote - all Voting YES FINANCIAL REPORT Highway Fund : . Receipts $ 8 , 643 . 13 , less Disbursements $ 16 , 040 . 37 , Bal . $ 133 , 929 . 02 General Fund : Receipts $ 19 , 449 . 87 , - Disbursements $ 6 , 091 . 57 , Bal . $ 49 , 308 . 89 ZONING OFFICER : Officer Stewart reported he issued 26 permits for past month . He has scheduled a public hearing for the 23rd for Mr . Lamphear . He checked with Mr . Lamphear and he has moved the bathhouse back 2 feet to comply with the 90 foot setback requirement . The question was raised if a permit was needed for above ground display swimming pools ? Officer Stewart said he would check with Attorney Amdur . SUPERVISOR Reported that plans are proceeding with Lansing , Ithaca and Cayuga Heights re investigating Bolton Point water resource . He reported that there is no relationship between water and sewer in Varna districts - the contracts • are completely divorced . The Supervisor also reported that $ 6 , 500 . additional federal aid has been receive' for Sewer District # 2 . VOTING DISTRICT Discussion was had on the possibility of uniting District 2 and District 4 . Councilman Cotterill pointed out that the said districts are represented by different county representatives and this could not be the case . Mrs . ) Stelick reported that Dist . 2 enrollment is large enough to warrant another voting machine and that was the basis for the request . Councilman Gridley said it appears that a machine problem exists much as it did in Varna before they got another machine . Supervisor McCord suggested that Councilman Gridley get in touch with the people of both districts and make recommend - ations . 206 RESOLUTION 459 TABLE THE QUESTION_RE ELECTION DISTRICTS Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the Board table the question until a recommendation from Councilman Gridley is forthcoming . 2nd Councilman Cotterill Carried Discussion was had on the county highway department cutting down hundreds of trees on Ringwood Road . Supervisor McCord felt there is lacki of communication with the County Superintendent of Highways in their intentions for roads in the Town of Dryden . Discussion on the Lutz . Report - Dryden will continue to have two representatives re Reapportionment . • RESOLUTION # 60 SUPPORT LUTZ REPORT Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that this Town Board supports the Lutz Report on the Reapportion. ment plan and urge its adoption by the County Representatives . ! 2nd Councilman Gridley Carried j There was discussion on the notification date of increased assessment from the County Assessors by Councilman Cotterill . YOUTH COURT Supervisor McCord commented that the Board should be thinking about this for June ' s meeting . Road Tour was set for May 15th , 12 : 15 P . M . at the Town Hall . RESOLUTION # 61 ADVERTISR . FOR BIDS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize the Highway Superintendent; to advertise for bids for a used Pan ( self - loading Excavator ) not to exceed! $ 8 , 500 . 2nd Supervisor McCord . Roll Call Vote - all Voting YES Harold Case questioned the need for this piece of equipment . Supervisor McCord said it is to be used for the Livermore Road project and is expected to take two summers to complete . Mr . Case recommended renting as oppossed to buying considering the repairs and maintenancefor a piece of used equipment . He said he was very much oppossed tojthis purchase . MONTHLY MEETING j June 13th Board Meeting will be held at West Dryden Community Center , 7 : 30 . Motion was made by Councilman Gridley , seconded by Councilman Cotterill , that this Meeting be adjourned . i Adjourned : 9 : 30 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Torn Clerk I • • f i 207 . PUBLIC HEARING May 16 , 1972 The Public Hearing was called to order at 7 : 30 P . M . by Supervisor . McCord . Present were Supervisor McCord , Councilmen Webb , Cotterill and Gridley ; Attorney Amdur and Zoning Officer Stewart . Absent : Councilman Tarr . The purpose of the hearing was for the proposed amendment to the Zoning Ordinance re Quarries and Excavations , Topsoil Removal . Supervisor McCord read a letter from Frank Liguori , Commissioner of Planning , ' stating approval of the proposed amendment with the recommendation that the Town Board shall find such excavation or quarrying will not endanger or exceed designated load limits on roads in the immediate vicinity . The • purpose being to take into account whether or not heavily loaded trucks will prematurely cause a road or bridge to fail . ( first paragraph item 2 ) . At this time the Supervisor opened the floor to citizens present . There were about 40 citizens of the town present . Mr . Louis Thaler , Attorney , speaking for Robert Schutt asked if a petition had been filed by the owners who are in opposition to the proposed ordinance . The reply was negative . Mr . Thaler suggested that they be given that opportunity so that they can know if a 3 / 4 vote is necessary ( Sec . 265 Town Law ) . Attorney Amdur concluded that such a petition would be acceptable if filed within a reasonable time after the hearing . There was verbal opposition to # 3 by almost every present , such as : Jerry Cummins , Dave Gerhoffer , Bob Keech , Harry Hartkoff , Adrian Holman , Francis Chase , Bernie Cornelius , George Sutliff , Betty Sutliff , L . B . Hardesty , J . W . Brown , to name a few . They said it was ridiculous for a man to have to get a permit everytime he wanted to move a load of dirt from one place on his property to another location on the same property . It was repetitiously discussed at length . Supervisor McCord assured those present that it would be changed or deleted entirely , but definitely would not stay in as written . Bob Keech questioned the setback requirements ( Sec . 4b ) . He exampled his ownv: farm ( 52 acres ) , scaled it down according to the figures in Sec . 4b and claimed he would be only able to work about 3 acres of the ground for a quarry or excavation . Supervisor McCord replied that the basic concern with this provision is to try and minimize the impact that such an operation would have on any surrounding property owners . Mr . Keech recommended that the figures be changed as it would be impossible for anyone with even 20 acres to get any gravel . Supervisor McCord reported why this hearing was being held and what led up to it . He reported that about a year ago the question was raised whether or not a gravel operation could be started in the Town of Dryden . Under present zoning ordinance this is an impossibility because it was excluded totally from the present zoning ordinance ( except for pre - exist - ing operations ) . The Town Board decided to find out what the current state of affairs was re gravel , quarries , etc . , in the county and the Town . As a1result the County Planning Department has prepared maps which show existing locations , where gravel is located and what type . The Highway Superintendent forsees the continuing need for gravel within a reasonable distance of access . The end result is the proposed amendment as an attempt on the board to at least allow the question to be raised whether or not an operation can be started with a . special - permit . and try to control it illin a way that will not be detrimental to the town . It was stressed that there would be no control over existing banks if established prior to the adoption of the Zoning Ordinance . It was noted by the Attorney that " use " means operation ad a business, can ' t be minimum use . It must be a continuous operation of a substantial amount . It was pointed out that the word " not " was omitted from Section 9 . This was noted as a typographical error and would be corrected . . Adrian Holman suggested the wording " under certain circumstances " instead of 350 feet re 4b . Bob Keech noted that a lot of gravel comes below the water table and felt something should be in the proposed amendment regarding this situation . Attorney Amdur read a provision that had been considered then scraped . ( No excavation shall be made which will allow a pool of water more than 18 inches in depth to accumulate , except when the pool is adequately fenced so as to secure against trespass . Water used in washing 208 . operations shall not be discharged into a stream or natural . drainage channel' unless a permit for said discharge is obtained from the Dept . • of Envir . Cons . ) Mr . Keech opinioned that he felt that provision would be all right . Mr . Brown felt that # 5 and # 8 were very restrictive and recommended a • reduction . in the requirements . # 1 - f was questioned as not being understandable and perhaps could be - deleted . Opinioned that the Board should not have to define what is proper or improper development for the town . Mel Aiken said if there is such a need for gravel then the wholeL town should • . be zoned for gravel pits . Adjourned :9 : . 25 P . M . Charles G . McCord - Superviisor • . Rosemary Stelick - Town Cllerk 411 • • • • • I 1 i I i . I I . 1 • • • • • . I • .. I I 209 PUBLIC HEARING May 23 , 1972 Public Hearing was called to order at 7 : 30 P . M . at the Town Hall , Dryden , New York . " Present were Supervisor McCord , Councilmen Cotterill , Gridley and Webb , Attorney Amdur and Zoning Officer Stewart . Absent : Councilman Tarr . Supervisor McCord reported that the purpose of this Hearing was a proposed amendment to the Zoning Ordinance with respect to the definition of Public Water and Sewer Facilities , as follows : III " Any sewage disposal system or water supply and distribution system which is operated by a municipality or a municipal agency ; any sewage disposal system or water supply and distribution system authorized for public use , whether for a residential subdivision , or for commercial , industrial or manufacturing buildings , and • approved by the State and County Departments of Health , the Department of Environmental Conservation , and any other govern- mental agency having jurisdiction thereof . " Supervisor McCord reported that this will change the original definition in the Zoning Ordinance . At this time he opened the hearing for comments and /or suggestions from anyone present . Being no comments , questions or suggestions , the hearing was declared closed . Hearing Closed 7 : 45 P . M . PUBLIC HEARING May 23 , 1972 ' Supervisor McCord called the Public Hearing to order at 8 : 00 P . M . There was approximately 12 citizens present . Supervisor McCord reported the purpose of the Hearing was the application of Keith Lamphear for a Special Permit to construct 5 ( five ) above ground swimming pools on his property at Johnson Road and Route 13 . Said location is in a RD zone . The Public Hearing was duly advertised and notices were mailed to the adjacent property owners . Mr . Lamphear reported the location of the pools will be behind 4 ' fence , 2 immediately east of the current inground pool and 3 immediately west of the 40x100 ' building . He presented a sketch of his plans to the Board and in turn was passed to the public for observation . Setback will be 40 feet from the road , not 70 ' as for a fixed structure . Reported they will be there just for display purposes and it was doubtful that it would remain up all winter . Sec . 905 of the Zoning Ordinance was read by a person present and questioned the setback from the center of the road for a building . Attorney Amdur said there is no provision that a " structure " has to have 70 ' setback . Said pools are classified as structures and not buildings . There was considerable discussion , building vs structure re above ground swimming pools . Mr . Lisk inquired as to what plan the Town Board had for developing Route 13 . Councilman Cotterill said if an area is zoned as such , we can not • tell people they can not use it for what it is zoned for . He also said if the majority of the people feel the area isn ' t zoning right then they can approach the Planning Board and propose the change they feel the majority wants . Mr . Lisk opinioned that the Board has the responsibility to exercise discretion as to what goes into a commercial zone in terms as to what the town needs and in terms of balance . Supervisor McCord replied that we can not establish any preconceived notion of what will or will not be e allowed in a commercial area . It is a case by case basis . That is why tli I 210 to the business is on Johnson Road . Attorney Amdur said there is ; no greater traffic hazard at that intersection than anyother intersection on Route 13 . Attorney Amdur said they considered their opinions and did not feel the business • would: have any effect on adjacent properties . She asked for specific objections - such as ' noise , . vibration ; fumes , smoke , odor , etc , ; . why this particular . kind . of ,proj edt . is • gbnoxidus and is injurious to the neighborhood and that _ is whatThas to be . heard in order to . turn down a special permit otherwise the Board would be acting arbi - , trarilyand the, decision could be challanged . • Some objected presented to the Board were as follows : Mr : Lisk objected because it was located on Route 13 and it does not have to be . Mrs . Schnurle objected to: any - development on that corner , and; the light Mrs . Everett objected . to . the sign . Mrs : Lance - felt its a view from her house that she does not 'want and it will depreciate her property , Mrs . Schnurle voiced same • opinion . Mrs . Schnurle objected to the traffic hazard of that corner . ' There was discussion on . procedure to change zones . They were told the initial step is to approach the Town Planning Board . Mr . Host - Steen from Ferguson Rd .. wanted . to know if the pools will be setback 70 feet . Attorney Amdur said . the pools are structures , not buildings . Build - ings musttbe 70 feet from the road center line . A building is alstructure , • not every structure is a building according to Attorney Amdur . There was - disagreement over classification of swimming - pool as a building ; Attorney Amdur said a swimming pool is not a building and by no stretch of imagination can we- reasonably - be expected to include swimming pools as buildings . According to Attorney . Amdur the Zoning Ordinance does not say structures have to be 70 feet from center of the road . Mrs : Lance asked to see a written. statement required by the applicant appraising the effect of proposed use on adjacent properties and development of the neighborhood . Supervisor McCord said verbal Statements have been acceptable and further said that future applicants will be required to have a written statement . The people ask that the Board reserve decision until they have !time to consult an attorney . Mr . Lamphear requested that it not be delayed too long . • Supervisor McCord declared the Hearing closed . Hearing Closed 9 : 10 P . M . RESOLUTION # 62. . APPROVE AMENDMENT Councilman Webb offered the following resolution and asked. itsi' adoption . RESOLVED , that this Board adopt the amendment to the Zoning Ordinance re Definition of Public Water: and Sewer Facilities as presentyat hearing held May 23 , 1972 . 2nd Councilman Gridley Roll Call Vote - all voting YES • Adjourned Charles G . McCord - Supejrvisor • Rosemary Stelick - Town !clerk • DEFINT-1' ION OF PUBLIC SEWER AND WATER FACILITIES : Any sewage disposal system or water supply and distribution system which is operated by a municipality or a municipal agency ; any sewage disposal system or water supply and distribution systemauthorized for public use , whether for . H9. residential subdivision , • or for commercial , industrial or ; manu- facturing buildings , and approved by the State and County Departments of Health , the Department of Environmental Conservation , and any other governmental agency having jurisdiction 'thereof . • , Eff . 6 / 4 / 72 - . -4 • , .