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HomeMy WebLinkAbout1977-08-09 196 PUBLIC HEARING HOUTZ HALL , ETNA , NY SPECIAL PERMIT TO OPERATE A RESTAURANT AND GIFT SHOP - Francois Cario Boeres August 9 , 1977 Minutes of the following Public Hearing held by the Town Board of the Town of Dryden at Houtz Hall , Etna , NY on August 9 , 1977 commencing at 7 : 30 PM . Present : Supv McCord , Clw Graham , Clm Cotterill , Clw Tarr , Clm Webb , Atty Amdur and ZO Stewart . Supv McCord read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of a Special Permit for Mr Boeres to build a restaurant and gift shop on Rt 13 north o f Dryden between Rt 13 and the Old Dryden Rd . 41, QUESTIONS AND / OR COMMENTS Mr Donald McKee showed the Town Board a blue print of the proposed ✓ estaurant and gift shop and museum . Mr Boeres runs L ' Auberge Alpine Restaurant in McGraw . The blue print legend 1 - = Restaurant and lounge 100 seats , front and rear porch , split level 2 - Snack Bar and Gift Shoppe 3 - Covered eating area 4 - Covered display area ; antiques and carriages 5 - Blacksmith Shop 6 - Existing barn , remodeled into museum for old farm implements 7 - Antiques , wood burning steam boiler 8 - Court yard with brick pavers , gat lights and well 9 - Existing farm shed . Clw Graham wanted to know who owned the property south of the Proposed ✓ estaurant . ZO Stewart stated Armando Natale . Mr McKee stated that he thought that ft would be more of a tourist ✓ estaurant with European Style . A main restaurant , the L - shaped would be w here people could get ice cream or hot dog . In the old existing barn w ould be a blacksmiths shop and display area . The property is 3 . 7 acres . Clw Graham stated this wasn ' t just a restaurant and gift shop as stated in the Public Hearing notice and permit applied for . Mr Schenck wanted to know the entrance and exit to the restaurant . Mr Julian stated he owns property in Dryden and Virgil and about 3 years ago he went to a Town Board meeting in Virgil . Mr Muncey , the Town Highway Supt . informed the property owners living on the old Dryden Rd that eventually the road between Mr Schenck ' s house and Rt 13 would be abandoned because it would hot be feasible to repair . Clm Cotterill asked Highway Supt . Humphrey who maintained that portion of the road . Mr Humphrey stated that the Town of Dryden maintanied the road . Mr Julian said the reason the question came up was that the property owners were getting 2 different towns for snow removal service . Mr Muncey said they might as well get used to Virgil because the Town of Dryden was going to abandon that section of the road . Mr Julian wanted to know if this was true . Supv McCord stated as far as he knew it was not going to be abandoned . Mr Boeres stated that he had a nice clientel with no roughness , because he would not tolerate such a thing to happen . He stated that it would be like a Museum Village with a Blacksmith Shop , and Wagon Shed . The restaurant would serve from 75 to 95 people . Clw Graham wanted to know 0 if there would be a bar . Mr Boeres said there would be a service bar . He felt that the restaurant would be a compliment to the community . Mr Honan wanted to know if he would have musical type entertainment . Mr Boeres said no that he had not given it any thought at this time . He felt this type of musical entertainment is not very profitable in this type of restaurant . Mr Honan wanted to know the hours that his restaurant would be open . Mr Boeres stated from 11 : 00 AM to 11 : 00 PM Mr Schenck thought the Old Dryden Rd was very narrow and not well maintained . Clw Graham wanted to know how this would be advertised . Mr Boeres said only by word of mouth and no advertising at the moment . Mr Julian was very much concerned becaused there are4. about 30 children in this area and felt that there would be an increase in traffice to this restaurant . This is why the residents in the area have moved for the safety - 1 9 r( o f their children . Mr Julian ^ presented the Town Board with a petition of - A 30 names opposing the restaurant . Mr Boeres stated he had driven down the ✓ oad and saw children playing and he had thought about it . Mr Boeres was w ondering if there could - be one entrance for in and out traffic . Mrs Hawkins wanted to know if there had been any investigation of safety ✓ ecords on Route 13 in this area . Mr Julian felt that there was a big difference between the Village of McGraw and Old Dryden Rd . where they are residential now and would like to keep it that way . Supv McCord stated that this is an allowed use with a Special Permit in the Town of Dryden because it is zoned RC . IIMr Hawkins felt that the Old Dryden Rd . is very dangerous in the winter time , so the question of access to this restaurant should be answered . Also the source of water supply and sewage disposal . If in the future Rt 13 would be widened what wbu ) d be the access to the restaurant . • / There is an establishment now in the area that stays open until 1 : 00 AM . Mr Hawkins hoped that the Town Board will give this much consideration and thought . Supv McCord stated that the water and sewage is governed by the Tompkins County Health Dept . They determine the adequacy of the system . Clw Graham wanted to know if there had been any test holes dug . Mr McKee said that this spring a test hole was dug approximately 9 ' deep in the area where the sewage would be and it was All boney stone and gravel , w hich would be 150 ' below the barn . Wells in that area are 180 ' to 190 ' deep which seem to be adequate . Mr Julian stated about 1 year ago someone could not § et the Cortland County Health Dept approval to build 15 to 20 houses because of the soil conditions . Mr McKee stated that he had done spot testing in the same area that Cortland County Health Dept had done and they would only approve on a per lot basis as each house was built , so you might not be able to only build about 1 house out of the 15 you had applied for . Mr Schenck wanted to know what could be done to stop this restaurant from being built if the Town Board approved the Special Permit . Supv McCord stated that the Town Board holds a Public Hearing , hears the questions and comments , statements from the proposer and then reaches a decision . The Town Board could reserve judgement to look the area o ver and find out answers to questions . The Town Board has 30 days to grant the permit or not to grant the permit . If the Town Board did grant the permit it could be under certain conditions . If the residents { ar. e unhappy they would have to go to court . Mr Hawkins stated that 3 miles north of this proposed location there are 7 restaurants all within a short distance of each other . He didn ' t feel another one would be essential . There was also concern about all the school buses that travel this road 3 and 4 times a day . Mr Gunzenhauser stated that this property in questcion which he is selling for the restaurant and the other parcel across the road to Mr McKee for a development of several houses . He felt this would be very beneficial to both Cortland and Tompkins County . Mr Gunzenhauser didn ' t know if Tompkins County had a land interim use map like Cortland County , but Cortland County land interim use map on Route 13 has allocated all the area through Rt 13 to be commercial or industrial . Cortland County is n ot in favor of spot zoning but more interested in strip zoning . 41/ Atty Amdur wanted to know if this would be the same type restaurant he now o wns in McGraw . Mr Boeres Slated that it would be . Mr Schenck stated that if the Dryden Town Board does approve the permit he _ _ is going to sell his house right away . Also wondering what the property in question sold for . Mr Hawkins stated that the Town Board should take into consideration the property value in the area that this type of establishment would have . Also the development along Rt 13 . It will be congested like Elmira Rd . Mr Hawkins hoped the Town Board could control this type of thing from happening . Clw Graham stated that the legal notice read a restaurant and gift shop . She didn ' t realize there were such th ggs planned as a museum . Also wanted to know what kind of merchandise the gift shop would carry . Mr Boeres stated plants , pots , candelabra made out of wood . He really hadn ' t decided on what articles he would have yet , nothing big . Clw Graham w ondered if it would be craft articles made by people from the area . Mr Boeres said he had looked into that and has found someone who makes pottery . Mr Hemminway was wondering if the restaurant could be open less hours . He was concerned with the hours he would establish for his business now but what will happen 10 years from now if he decides to sell the business . The restaurant could be open all hours . Clw Graham wanted to know if the County Planning Board had received the same information that the Town of Dryden had received . Supv McCord stated that they had . Mrs Julian was wondering about bright lights being on after hours for security reasons . Also how was the public going to be directed to this ✓ estaurant . Mr Boeres stated only through word of mouth . There would be no signs . He does not believe in large signs and he has none at his other place of business in McGraw . Mrs Julian stated that several • people she had spoken to in the neighborhood had presumed that this was to be a small restaurant and gift shop . Had they known there was going to be a museum village more property owners would have been here instead of just signing the petition . Mrs Julian felt the legal notice w as very vague and misleading . She felt that there should be another Public Hearing so that these people become aware what is really going on . Atty Amdur stated that the legal notice stated restaurant and gift shop . It didn ' t state small food stand or museum . Wondered if Mr McKee could explain more in detail . Mr McKee stated that there are 2 buildings on the property now . The new main restaurant will be a structure of 70 ' x32 ' with a balconey . 16 ' x80 ' and 16 ' x50 ' L - shaped with one leg 50 ' x80 . Ode section would be just decoration . glw Graham stated this enterprise would cost a lot more than was stated in the building permit . Mr Boeres said he planned on doing a lot of the work himself . Mr Julian stated that had the property owners in the area had know there was to be an ice cream stand and museum he felt more people would have come to the hearing . A small restaurant and gift shop was told to us over the phone when they had called up to find out information . Mr Boeres stated when he says museum it might be something else because he doesn ' t know what kind of decoration . He said it could be a gallery with some nice pictures from different artists . Mr Boeres didn ' t see why a museum should be connected to the whole construction Itself . Mr Honan said it is not the type of enterprize or the extent . It is how much traffic it is going to generate , how much of a hazard it will impose and what will it do to the nearby property values . Mr Julian stated that who knows 10 years from now if Mr Boeres finds that he can ' t make a go of the business , we would not like to find ourselves in the same situation as the Adult Book Store . Closed Public Hearing 8 : 30 PM TOWN BOARD MEETING HOUTZ HALL , ETNA , NEW YORK AUGUST 9 , 1977 • Minutes of the Board Meeting held by the Town Board of the Town of Dryden at Houtz Hall , Etna , NY commenced at 8 : 30 PM Called to order by Supv McCord Roll call was by the Town Clerk Present : Supv McCord , Clw Graham , Clm Cotterill , Atty Amdur , Clm Webb Clm Tarr and ZO Stewart 1 .. . . . . . • • :, , . . . . \, . • August 9 , • 1977 • We the . unde•raigned object to the request by Francois Carlo Boeres for : ' a s:pecial: permit • asking permission to build a restaurant and gift shop . on, ,Rt . 13' North ,:of Dryden between Rt . 13 and Old Dryden Road . We . 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Iti I • - A .r , Motion was made by Clm Cotterill and 2nd by Clm Tarr that the minutes o f the Board Meeting held on July 12th after the correction had been made under Attorney . In the first paragraph Atty Amdur has sent nt , el r 1 order to the judge , instead of the owner . c. . �w "' 1° L"� Also Clw Graham stated in ` Resolution # 93 Revenue Sharing Funds , there w ere no amounts in the resolution of the Public Hearing notice . Correct the minutes to include the amounts . COUNTY BRIEFING County Rep Watros reported that the County Youth Bureau will hold its first meeting the first part of September and the bureau will be hiring a director . Rep Watros is a member of the youth bureau representing Dryden . There should be about 20 other people representing the different municipalit 'ie Clm Webb wondered if the Town of Dryden would get any money , without going • through the county youth bureau . Supv McCord stated that the Town of Dryden can submit our own program and we can funnel it through that agency . In o ur Town Youth Bureau as we designate it and the town wants to put our dollars behind the County Youth Bureau program . We , the Town , will then get the matching funds that are due the town through the state law . County Rep Watros stated that in addition there would be additional funds that would be distributed . Supv McCord stated that the county can attract additional funds over and above what the town would be able to . Those funds would go to the county and that is where the county can allocate additional funds as they see fit . This does not take funds away from the town . Mrs Bonn wanted to know the kind of representation there would be to the County Youth Bureau . Supv McCord stated there would be 1 person from the Town of Dryden and 1 from each village . Also wanted to know about the programs conducted by the Ithaca Youth Bureau , was wondering if this would n ow be conducted by County Youth Bureau . Supv McCord stated that not n ecessarily . County Rep Watros stated that it would be very doubtful that the county will ever develop programs . It will be a coordinating agency Which will help assist in local programming . Reported on Freeville Sewer system - The possibility of getting the County Planning Funds for developing preliminar1 plans for sewer study . The county is trying to develop a program where the county can advance funds to municipalities as a planning loan . The municipalities would then have sufficient funds to develop feasibility studys and also design plans . They will be considered by Budget and Administration committee the appropriation o f about $ 25 , 000 . This money would be channeled through the County Planning Office to municipalities in Tompkins County that need planning loans for that purpose , Freeville is making a request . Clw Graham stated between $ 14 , 000 and $ 16 , 000 . for an engineering study to be made . If the project was not approved that the money for this engineering study would not have to be repaid to the county . If it was accepted the money would be ✓ eturnable to the county at about 85 or 87 % . County Rep Watros stated that the money would be put in a revolving fund . The money would be . made available to small municipalities . Supv McCord stated that if it was going to basically be a benefit dist . area then Freeville has to form the dist , define the dist , and essentially the dist is going to get the loan . Clw Graham stated that Freeville wanted to know if the Town of Dryden would approve of Freeville asking the county for the funds , which are going to be made available by the county appropriations . Supv McCord stated that it could be made a benefit dist which would be broader then the Village of Freeville itself , so that you start with a big enought benefit dist that will benefit everyone . You don ' t start with a small base and then sell it to someone else . You start as large as possible . Supv McCord stated his advise to the Town of Dryden was to form a benefit dist . The geographic area should be defined as a benefit dist and that benefit dist should receive the loan or planning grant to z undertake the study . Atty Amdur stated that there would probably have to be intermunicipal between the Village of Freeville and the sewer dist in the Town of Dryden and the surrounding area . County Rep Watros stated that the committee would make the request on behalf of the Village of Freeville and the Town of Dryden . The funds would be given to the Village of Freeville and Town of Dryden jointly and then turned over to Freeville for the study . CIO () RESOLUTION # 95 FREEVILLE SEWER STUDY Supv McCord offered the following resolution and asked for its adoption . RESOLVED , that this Town Board of Dryden , authorize Mayor Clayton Dans , of the Village of Freeville , to act on behalf of the Town of Dryden in their application for a planning loan from the Tompkins County Board Preliminary Feasability Design of the Freeville , Town of Dryden Sewer Dist . 2nd Clm Cotterill Carried CITIZEN PRIVILEGE OF THE FLOOR Mrs Bonn wanted to know according to zoning what power the County Fair has in terms of future development . Atty Amdur thought they had special regulations about what county fairs can do . The Town does have an ordinance ; but if there is a State Ag Law it would over - ride our Town Ordinance . Mrs Bonn stated that there was deep concern if there were automobile races allowed . Atty Amdur stated that according to the State Ag Law it would be allowed if she vemebered correctly . There is a section in the law which authorizes and specifies what the activities are and that can supersede any town law . There was some discussion . Atty Amdur stated that she would check out the State Ag Law and send a copy to Mr Jay Allen , Pres of the Etna Community Assoc . Mr Case wondered if the water system could be updated so that there could be shut - off valves on the water system . Supv McCord stated that this could be done at the same time the budget was worked on . Also storage for the generator at the Varna Fire Station , because they were running out of room . There was some discussion . Mr Case said he would talk with Varna Fire Co about building a storage shed . Mrs King wanted to know the progress of Upper Creek Rd . and Etna Rd . Hwy Supt Humphrey stated that the lower speed limit and curve signs have been ordered and are waiting for them . They were ordered in the middle of June , which come from Mass . Wanted to know the situation of the old barnthat has fallen down by the Etna Playground . ZO Stewart stated that it was the Dutch Prince 11 property who has since deceased and is now in the estate . ZO Stewart has contacted Mr Ward , Atty who is in charge of the estate . Wanted to know if the Town of Dryden had considered a dog lease law . Supv McCord stated that the Town Board has discussed it many times . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Tarr - nothing Clm Webb - nothing Clm Cotterill - nothing Clw Graham - make correction in resolution # 93 to show amounts of Federal Revenue Sharing money . Reported there were 2 vacancies on the Town Planning Board . Jim Lyon is leaving the area and Michael Proulx for lack of time . ATTORNEY Atty Amdur asked the Town Board to revoke Resolution # 90 regarding S anticipation notes for Southern Cayuga Lake Intermunicipal Water Commission . that was passed by the Town Board at the Juicy 12th meeting and at the end of this board meeting instead of adjourning , that the Town Board adjourn from day to day until she receives notification on the proper procedure on the various funds . RESOLUTION # 96 REVOKE RESOLUTION # 90Cand ADJOURN DAY TO DAY Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board revoke Resolution # 90 passed on July 12 , 1977 concerning the anticipation notes for Southern Cayuga Lake Intermunicipal Water Commission and at the end of this Town Board Meeting instead of adjourning that the Town Board adjourn from day to day until Atty Amdur receives notification on the proper procedure . 2nd Cli w Graham Carried 20f Atty Amdur received the order from Judge Lee which was signed . Judge Lee gave the defendant 30 days to comply . The 30 days would give them an o pportunity to take an appeal from this order if they so desired and try to get a State order from the Appelate Division . The order was entered and filed on July 25th . A copy was sent to the attorney for the defendant in Schenectady , New York . They have an extra 3 days which would be July 29th . If they do not close the 29th of August , Atty Amdur will take a certified copy to the law enforcement officers . TOWN CLERK Wanted to know if the Town Board - wave the penalty on 1 water bill from Cornell Univ . since it is paid from the State Office in Albany . The Town Board felt that the penalty should be paid like every other bill . If it is not paid by a certain date then the penalty is added . Recommended to the Town Board the name of Duane Church for Dog enumerator . • Mr Church had approached the Town Clerk last year when Mr Westfall thought that 1976 would be his last year . ZONING OFFICER Reported 16 building permits . ZBOA had 1 heating and denied permit because o f lack of road frontage . $ 260 . 00 in building permits $ 25 . 00 Special Permit and $ 25 . 00 for ZBOA application . Clm Cotterill wanted to know if Mrs Read o f the Dryden - Harford Rd had contacted him about a building going up without ; a building permit . Wanted to know the situation . ZO Stewart stated he had started a building without applying for a permit . Mr R Thomas came in and talked with ZBOA to see what his chances would be . ZBOA discouraged him for applying; for a variance but would listen to him . Mrs Read said the building is 6 ' from her property line . ZO Stewart stated he has stopped work and that he has issued him a violation letter . Mr Thomas is undecided as to go to ZBOA or tear the building down . There was some discussion and decided that Mr Thomas is in violation now and the court should make the decision .. Supv McCord stated it should be handed over to the court even though he has stopped work on the building . The Town Board felt that the ZO should allow up to 3 days to correct a violation and if it is not corrected within 3 days then the matter will be processed through the justice dept . HIGHWAY SUPERINTENDENT The county has considered 'replacing the bridge on N George Rd . Also o eplacing the bridge on N Caswell Rd . Supv McCord wanted to know if he had bought a grader yet . Hwy Supt . Humphrey stated that he is still looking around and has narrowed it down to a couple . SUPERVISOR There was some discussion on who to appoint to the youth board . Clm Cotterill stated that he would contact Mr Don Smith to see if he would be interested . Letter from James Guteluis on Snyder Hill Rd and Richard Wilsen on Mill St thanking the highway for the nice work that is being done . Letter from Lewis Gridley to Town Board members requesting the appointment o f dog enumerator . III ' RESOLUTION # 97 APPOINT DOG ENUMERATOR Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this board appoint Lewis Gridley as dog enumerator - for the year 1978 . 2nd Clm Tarr Carried RESOLUTION _# 98 AUDIT HIGHWAY BILLS L Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Highway Bills be paid as audited . 2nd Clw Graham Roll call vote - 611 voting YES I , , , 2- 0 2 RESOLUTION # 99 AUDIT GENERAL FUND BILLS Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that the General Fund Bills be paid as audited . 2nd Clm Tarr Roll call vote - all voting YES Justice Reports Judge Sweetland - $ 1082 . 00 Judge Newhart - $ 1386 . 00 F ?INANCIAL REPORT REVENUES EXPENSES General Fund A $ 17150 . 05 $ 21229 . 27 General Fund B 13733 . 66 50889 . 84 - � Fire Protection District 769 . 14 753 . 49 Federal Revenue Sharing 14213 . 00 9 . 98 Highway Fund 67957 . 89 91779 . 29 OLD BUSINESS + III Traffic signal by Dryden Central School . There was some discussion and was decided that if the state will take the knoll out of the state . road and the Town Board will see if Dryden Village will annex the road from Spring House Rd to Rout # 13 so that the speed limit can be lowered to 30 MPH . RESOLUTION # 100 REDUCE SPEED LIMIT BY DRYDEN HIGH SCHOOL Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board petition the State of New York for a thirty - mile speed limit on Route 38 from Route 13 to Spring House Road and also from Route 38 on Spring House Road to Route 13 and to correct the road conditions on Route 38 to improve the visibility . 2nd Clm Tarr Carried NEW BUSINESS Next meeting Dryden Town Hall - August 16th III at Next monthly meeting Dryden Town Hall - September 13 , 1977 Adjourn day to day _auk.,43 , 4e--extAc-CL Susanne Lloyd Town Clerk III r -, F �- •' Z SPECIAL MEETING AUGUST 16 , 1977 Minutes of the Town Board Special Meeting held by the Dryden Town Board on August 16th commencing at 7 : 30 PM Present : Supv McCord , Clw Graham , Clm Cotterill , Clm Tarr , Cim Webb and ZO Stewart . Supv McCord called the meeting to order . 1st item on the agenda regarding Southern Cayuga Lake Intermunicipal Water Commission . Supv McCord stated that no financial information has been received yet on , • the needs for financial procedures for the water commission . Dryden ' s share of the deficit is $ 7618 . 92 . Because the date of some of these bills will come due before our next meeting Supv McCord recommended a resolution to allow the expenditure of the transfer from the General Fund to the Water Dist . in the amount of $ 7618 . 92 in order to forward that to the commission when it is needed on the condition that the General Fund will be repaid d from the Water Dist . RESOLUTION # 101 TRANSFER FROM GENERAL FUND TO WATER DISTRICT Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer $ 7618 . 92 from the General Fund Account to the Water Dist . Account in order to forward that to the commission when it is needed on the condition that the General Fund will be repaid from the Water Dist . 2nd Clm Tarr Roll call vote - YES 2nd item on the agenda is to act on the request for a Special Permit from Francios Cario Boeres to operate a restaurant on Old Dryden Road . See attached notes pages 1 thru 16 RESOLUTION # 102 GRANT SPECIAL PERMIT TO FRANCOIS CARLO BOERES TO BUILD A RESTAURANT AND GIFT SHOP Cim Cotterill offered the following resolution and asked for its adoption . , RESOLVED , that this Town Board grant the Special Permit to Francois Cario Boeres subject to the conditions and restrictions as set forth in the minutes of the Town Board discussion and directing the Town Attorney to prepare such special permit including the review of the hearing , findings of fact , and decision , to include the conditions and restrictions specified by the Town Board . 2nd Clm Webb Roll call vote - Supv McCord - yes Clm Tarr - yes Cim Webb - yes Clm Cotterill - yes Clw Graham - opposed * see attached permit from Attorney Amdur ) • Adjourned day to day ,,��0ceywv�e_ V ' t Susanne Lloyd Town Clerk _ __ _ _ � r � . we iii , f' 4 ., _ • • t ■ 1 f , . AinnucT ? 6, , 19.77 ° , '+ 1 . . ,j 1 I I . 1t i _ " . f i . .. 'I` ! ' Called to order at 7 : 30 Pm e _ ,t . . . . m.___ Supv McCord - the second item or the agenda is to : act on the request :for a Special Permit to operate a restaurant on the Jt , - . . , ' ' •Old Dryden Rd . !. ! n did receive a letter from crank T_ i quori •: - . e who is the commissioner of plannino . He writes to Sib Stewart , _ j ! ; ' and . I will read it . ( See attached letter ) He did not have 4 ' a coo:y of the plans when he wrote this so those are his ' { . . ' t . " • P concerns . Is there any further discussion on. the request ? ; r , : p , ii .. t f - C1w Graham - I talked with Mr Churchill who is with Tompkins ii . ' County Planning Dent . today hecause T was sort of sjirnrised H • • 1 when some nentlerlan said last week that Cortland County was , ' 5,'. , zoning all that commercial alone that area . ' t was to he all , c. 4 commercial estahlishment 's alone' Pt 13 in Cortland County , . y 1 .. So I ' asked Mr Churchill about it today and he said of course .7 ti'�'' :. ' ; t there - is s the Town of Cortl antivi I l e which ch i s north of us and ii then directly north of Dryden is the Town of !' irni1 . He 1i ; L ' 6114; . • C t , reminded me that the county doesn ' t have anything to sa,y . . _ i ; ; . . ; t • ' about:' what is pomp to haonen in the town : They can make • : ' j recommendations ` and that is it , hut he said that for about { ', 1 1000 feet north c; f Gracie Rd which is in the Town of . - - i . e Co 'rtlandv, i ` lle that is zoned agricultural I guess . The Other . - _ p is zoned industrial on Rt 13 in the Town of Cortlandville ' . I ' ' and then I talked with Mrs Mahar who is the Town Clerk in ; a, ' ! '[ i , reil and asked her for any information on ? t13 .: . and its ' , I adiacent . lands on either side because rr Churchill has ' . said . that the Town of Viroil was in the process of doing slime rezoning but she said that it hasn ' t none to Public Nearing , yet and it has not come to any permanent change has taken : fl place . Clr� Cotteri ? ? do they have to issue permits for , `, „----------- i ( 1 ,- • I - 2 - • things like the fodne C; arage , that type of thing . Clw *Zraham - posh I didn ' t ask her that Clint I don ' t know . Clm Cotteri1l - those are commercial uses that have been is allowed in the last 5 years . F Clw Crahan - Right okay well she said she would check it and i ; find out for me more in Particular , hut she knew that Bart of •+: it was zoned agricultural and residential and Part of it was • t H a business or commercial section , and i am talking about in ii i ! the Town of Virnil on either side of P. t 13 up to the Town of is Cortlandville okay which starts there at gracie Rd which I ; think you know where that is . tut he said that Cortland County , i ! Planning has suggested that they you now he easy on . i { commercial developments on 13 inasmuch as theres been no , i plans taken for rerouting or enlarninn it and than I talked kwith Mr Liguori on Friday and he was saying that in the event Pt 13 was widened which may hapnen if it is not changed you know the direction, of it this could affect properties on either i ' t : 11 side of the road , business or residential . of course if we run el ; F out of gas We won ' t have - to worry . Everybody could walk , ride ' a bus or ride a bicycle or net a horse . T thought that was ' I interesting . There are some areas that are zoned agricultural ti I and residential . I think it is anod for us to know what is t happening to towns that are rinht adjacent to us . _ ' Supv McCord - are there any other discussion , questions ? Cirri Cotterill - i don ' t know , this roan , I don ' t know anything about his business in McGraw , I have asked several neonle , the ; i reports have been at least favorable and that he has done a good job on improving his business and designing it and having 1 a nice place . From all indications from neonle I ' ve talked with , he has at least been reliable . i think that is one factor that I am interested in knowing because the fact is that i we have hooked - up with people that aren ' t reli -able . '' ie have also got into things beyond our control because of them . Put • my personal opinion is that whatever we do if it is to allow something we should decide what restrictions as to what , when and how and I agree with Mr Liguori . T think that any entrances if there is to be any which should he mandatory off the old road and I think there is much less problems on the a old road . Sunv McCord - that is the way he -has it . Clm Cotterill - yeah that is the way he designed it , but I still want to be sure it was well restricted . • Clw Graham - that it wouldn ' t he feasible to have an entrance off of Rt 13 because there is to much of a rise in the ground there . .. Clm Cotterill - it can change ground awful fast if you don ' t li restrict it , you know what I am savinn is that is desirable it should he mandatory Hart of something . I r !: r , . � thing those in : ; my opinion anything is allowed this or otherwise WP need to be very cautious about what and see that we do have some regulations . Clm Tarr - I am a little bit concerned about the snack bar , j gift shop , ice cream . hot does , antiques and carriages . Restaurant and that location is one thing but why oven to almost anything is something else . I agree with Clint there should he some restrictions on it . • Clm Cotterill - those things don ' t sound half as bad to me I I as the type of business that you get in some of these local beer gardens where allow l a they l �� they an , , thirtg . I would rather see some antiques and sight seeing events and some leisure control • open to see the type of place that some of these turn into . Be the last thine I would hate to see is a local beer narden with the type of crowd that is strictly a drinking crowd . I ' this isn ' t noinq to he a leisure tynp dining and a place to • - . - Q - net off the road , dine and relax without the huh - hub and noise and drinking so forth then 1 don ' t think it is a desirable type business . nut 1 really don ' t see any harm in antinues and an old blacksmiths shop , people wonderinn around lookinn at , half as much as T. do noise , beer gardens and finhts and disruptions in the middle of the ninht . Those are the r type of thinns i would like to see avoided . Clw Graham - the other thing when you look on the zoning man there are 5 entrances onto Rt 13 in a one mile distance . There , Old r R ( b nth the "' a, lloryvil le " d , l ;i ryden c , ( .. nth ends that count 2 ) , Sweetland Rd is 4 and there is another road up here to • the right that comes in . i ( Clm Cotterill - Nye Rd Clw Graham - What is it . Clm Cotterill - Nye Rd . H i Clw Graham - Nye Rd . , right here this one , okay so there are 5 entrances onto Rt 13 in one mile . fI Clm Cotterill - that is one of the advantages of having ' i anything ? ? ? you don ' t increase the number . it Clw Graham - ! leaven forbid if you did that . Clm Cotterill •- that is what I ' n' saying , T wouldn ' t want ? ? ? to encourage ? ? ? ? i - I Supv McCord anything else Clm Yehh - the one thing that bothers me is like our planning , , dept says look at this and look at that but never Hive you an alternative . If you turn this down you ' ve not land there what are you going to do with it , are you going to allow anything in it . If a guy owns it he owns the land are we going to tell him okay you own it , you can pay taxes on it f, ut you are not going to be able to do anything with it . I think we are __ . • . • - 5 - rl II netting to restrictive when we say this . I don ' t think any of us want any more construction , hut then when you tell neople that they own land , well yeah you can own but n it hi ,vou can ' t do anything with it , • ' ; Clw Graham - well we haven ' t in effect said that . Clm Webb - well we pretty near do if we say we don ' t want any more entrances on 13 . It is almost saying like we don ' t want • it any more traveling on 13 . i would be for this if the state would be willing to - compensate landowners for this sort of thing . If the state wanted to say we runt to keen this an o; open road fine . I would agree with it 100 % , hut let ' s compensate the landowners along there for this . So that land along there is worth something . Supv McCord - one point I would Tike , . . . . that this is an H allowed use in this area in the Town of flryde n for a c neciaT I ; Permit . The rational being that there is a hearing and this ' ' hearing of the concerns and any conditions that it is an allowed use by our zoning ordinance with a Special Permit . ; f Clm Webb - there has been more business noina up all alone i , Pt 13 and has been for the last 20 years , all the way from . f Cortland to Ithaca , it is almost impossible to stop unless you put your foot right down and say to landowners okay here are so many x number of dollars . I don ' t See anyway . of stopping , • ' Stink/ McCord - we have controlled it ':' Err in other areas and we designate . rim Webb - Oh you can do it but how can vou tell one landowner I okay you have to keep your land hut then the next landowner you allow him to put a business in . They allowed the Dodge Garage to no in , they allowed the Elm Tree coif Course to do in . t 0 . 6 In Dryden we ' ve allowed how many businesses from here to FI • Ithaca and than all of a sudden you say okay here is a stretch j of land - we aren ' t going to allow anything . This seems l ! H discriminatory to me . Supv McCord - to review procedures , planning authorities , I by the Town Planning Board , by the Town Rnard , by the initiation i � s ? ! of people living there . 7 ' 92 ' i Mr ? ? - there is no business along Rt 13 that is going to be as close to a residential area as this is going to be . . i ! { Clm Webb - this could be argued . Pe had a swimming pool Is business right next to yellow Warn just west of us which is ; ' . 150 ' - 200 ' from residential house across the road . Rioht with the mutual consent of everybody involved pretty much . # 6 } i Supv McCord - now as time goes on obviously land use appreciates of overall ? ? ? ? 701 plan . This is the best . use ' I for the land as determined by the Planning Board . Clm Webb - right but they had a use for it . It 1 j ,II Supv McCord - this would he the least restrictive . f I ii it ! ' Clm " ebb - ? ? ? at least 175 acres aroung us with nobody else near us if we could do it . Rut I think this is impossible . ' 1 I don ' t think there is any way you• are telling everybody else that they can ' t use their land when you do this . { Mr Julian - sir what we are saying is that we aren ' t arguing that this man shouldn ' t have this , or that his character is ' + not upright because I don ' t know him personally , but I ' ve fe been to his restaurant in McGraw which is a very nice place . j What we are saying is that our road , we don ' t feel can handle that amount of traffic which he is nlanninn for 95 narkino spaces . He nrohably won ' t have that filled gap all the time hut the road up there in our estimation won ' t handle that kind i - 7 - i � of volume of traffic . It is noinn to be a place with as many things he has on there as Planned . That is what we are ob ? ectinq ff t I to . 1. 1 , H Clm Cotterill - - if the road is improper that is up to the ! , town to see that the road is nroper . The question is it , 4 . " detrimental in the fart that it is impossible for 40 cars ; > cal li' a day to drive through there . I don ' t think we can tell anybody � 1 they can refuse to lose their land because of the road . If ; hthe road has a problem , I think we have to do something about Lthat problem . Rt 13 no question about it from your area to fd Ithaca the most accident rate road in the state . We all agree ji with that and we would like to do something about it . They have to improve the h5ghway , they ' ve not Ot t0 g Ve us a hTahway I that will handle the traffic . l'' e aren ' t going to he able to tell all the people who work in Ithaca you have to quit driving Rt 13 because it is unsafe . We are all concerned about it and tf i 14 I don ' t think we can tell every business place in the United ti States you have to go - out - of business because the roads won ' t ii handle the people you are attracting . I think we have to do something about . being able to handle the traffic. . If you are li ii talking about 1000 cars I would agree with you . If you are talking about an average of 40 to 50 cars a day and i doubt i , that we are talking about anything greater than that , possibly ! on a busy time it would he greater , but we are talking about II ' ; 5 or 10 cars an hour or maybe 15 . J don ' t think we can tell any person , if I have something at my house and there are 30 cars coming , I don ' t think my neighbors can tell me they can ' t come because they have kids in my area and they rninht be ` . endangering them . I think the town has to have a hinhway there ; I that will handle 20 or 30 or 40 cars . I have peen up there and looked it over and there are about 2 or 3 houses from • this place to Rt 13 on the same side of the road . There are many houses up on the upper side . Those people do not have to cross the road , they use the road to go in and out and • • • - , . • i ' , it don ' t have to no by this business to get to Cortland or E ' to get out to Rt 13 . In fact there is not one of you people d that are forced to drive by this business place to no to Rt 13 . . • " I believe that is very truthful , T. was un there and looked it over . Not one of you have to drive past it because you go t H down from where ever you live , you go out Gee Hill Rd to Rt 13 , ir you do not drive on Old Dryden Rd unless you want to go to . Ithaca , than it is your prerogative to do that . You do not EI . , have to go by this business . You do not have to no within I 300 ' - 400 ' of this business , because it is that far from the # r intersection . ii Mrs Julian - but what about people that cone up from that way H and then up . H Cim Cotterill - that is their prerogative , it is a public road . I i J I can ' t tell people in the rest area they can ' t come up over ai Old Dryden Rd . I don ' t know how many do , I do not observe that . • of ! I don ' t know whether the county has ever counted . i don ' t Yt r ; i t know how many people use the rest area and come up the Old • I 1 ' Dryden Rd . to Gee Hill Rd . You people would know more about • that than I would , but there is no way I can tell those reople H they can ' t . There maybe a lot of traffic coming from the rest • area by your area I don ' t know , I r Mr Julian - how do you figure this restaurant and place he has R g ; not planned going to conform with the rest of the neighborhood . . • that is there . This is residential - agrir_ ultural . area . • Supv McCord - it is an allowed use with a special permit . d Mr Julian - I realized that with a special permit hut it . ; i doesn ' t conform on bit with what is already there in that area . - I Clm ' Cotterill - it conforms with to what the allowed use in 1 the Town of Dryden for that area , • i . ._ . . ,. . . . . _ . • - q ' i Mr . ? - let ' s net back to the restaurant . Between Cortlandvilln i , $ and Dryden there are 12 eating nlaces whether they are fast food or leisure dining areas . You have them all within a span of about 6 or 7 miles . ; { Clm Cotteril1 - what does that have to do with this restaurant ? Hj Mr ? - yes i think it does , I think that ' s enough . ! { j Clm Cotterill - we have freedom of the county . You have a ! ' right to start a business if it is an allowed use . It isn ' t ; up to me to tell you whether it is needed or not , that is up Ii I to you to decide . We are not sure he would no into business , 1 but that is his decision because it is his money he is goinn f ; I to invest . I assume that he has valued the area very closely t and decided whether he feels a business can survive . That I . i t sj don ' t know . . ii Mr Hawkins - I have a few observations and nuestions here . 4 1 Mr Webb points out that this landowner , he has a few acres o there and you can tell him what it can he used for . 'Jell I t ! i think everyone in the room should recognize that landowners a are a speculator and he has hits and pieces o & land for 15 miles ` I tE , i around here waitinn for the opportunity to unload . Co I don ' t think we should feel sorry , it is like investino in the stock ' ! market . You win some you lose some . Co T don ' t feel that o should be an imnortant consideration or any consideration here . - i o i think he ? ? enough to reconnize the road will be widened and in that rock cut a slice of his land will be taken away so why should you and we be so concerned with his loss in the future . ' So he wants to unload it on somebody . " hat will this do to the property values of those of us who live in the neinhborhond . f I know a nentleman here , with nlasses says that we on Sweetland ' L Rd and others need not be really concerned . ";:' ell I damned well o am concerned . What does it do to the value or my nrorerty , his property , hers and so on . Havinn a commercial establishment , , ; ; - 10 - Planted right in the middle . Will the assessor come over and I i reduce the assessment , I don ' t know . When you stick something 4 4. in the neighborhood here that is totally incompatible with ', I what is there not , residential and agricultural . Traffic you 4 mention 5 - 10 cars per hour . ,ghat does it take to service a restaurant . Okay lets just have a look . ow many service trucks i will You need each day , If you have 6 kinds of beer , r different kinds of beer trucks wi 1 1 be coming in . He intends to serve , , . I liquor , okay liouor supply trucks , soft drink trucks , coke , I , li Pepsi and so on Dairy products , milk , ice cream and so on , H meat and produce . To get rid of some of thic you will need h garbage trucks too . So it isn ' t only the matter of a few cars , i + t lets look at this but heavy trucks moving in and out together . Si• • � i There is no comparison with 6 school busses on either road ever . : ' c : ! Along . Rt 13 in recent years since Dave Buono opened his Dodge . d , Garage there have been 3 breakins , at least 3 that I am aware e tI of . A year ago or so Flm Tree Golf Course was broken An . A , 4 substantial amount of linuor taken from the club house one I I , � ! night . You put together a supply of liquor in a restaurant . it storeroom and cash in a register and you are going to have Ii somebody who is going to be interested in that . Okay . so this • li I . is a matter of security for the neighborhood as well . Put up . , a lot of bright lights . I can see that t rAd� _ barn from my house , ' i although I am way around the corner on Sweetland Rd . You put . . ; c ; up a bunch of nice high lights and you say 300 ' - 400 ' away ic it is of no concern . It is a tremendous concern to Pie . If I ij wanted to see bright lights I would have lived in the city , that is where I lived before . Also Friday afternoon I drove on the old road and there was an awful lot of water standing . t ;j I1 on it from the rainstorm on '.Wednesday afternoon , so that road , i4sn ' t to good . Now is it fair really to put the Town of Dryden taxes to upgrade and maintain a road for a private enterprise ; ; • from which you hone to collect some taxes in the future . m. ayhe ; ; ' . it will balance out , but I don ' t see why anybody - - should do that i I } , ' r in the first place . 95 car ;parking lot . Where is the run off . j .,. . - 11 - , 4 + if E , from the rain like we had last !Wednesday afternoeln . '4here is it ' ; i to qo . It is going to no southward on the slope , down that , ; creek and then into McLean Bonn . This is an environmental concern because from parking lots you have drips from this t 4 : ! and that from vehicles . You have oil , anti = freeze , gasoline spills , and what not and this winds up in '" clean Bonn . This j is an ecologically important area studied by Cornell , Elmira i Collece and others . I think we should have something of an ti II environmental impact statement alone with this . i don ' t want fto make this difficult just fair and honest . Just because a i ' C land speculator wants to unload this 3 acres or so . Snecial i , ! . Permit , this year have restaurant , next year someone thinks go up the hill and build a motel , beautiful view , another one over in Virgil whatever , next year somebody else comes along 0 1 and oh my nosh you not this you ' ve not a restaurant and a motel , 4 lets nut un a gas station . Lets put up a howling alley . When is this going to end ? Thank you for 3 minutes for your time . if i ! Mr ? - you commented on his application with regards to his ifrestaurant complex as it appears to he . ' ! hat I nather it is going to be antiques , shop , fast food shoe as well as a leisure ± , restaurant and old iron shoe or some kind of complex . ! ! Mr Hawkins - last week he added some art collections too in the last part of the meeting - art nallery . ! I ' Mr ? - You are not talking about a 5 - 10 car per hour lull of j H traffic . I think for him to substain any kind of a business he ' is !ioing to need a lot more than 5 - 10 car per hour especially with him planning on a 95 car parking; lot . He is coin (' to have j a large complex and quite a bit of traffic there lust to ' ' maintain his business . ( ranted he is noinn to employ people and build up the economy in that area a little bit . Also talking about future development at that particular area . where he is 1 n ♦ ♦ r . Lr n - .r • A , (! • • , 1 + + i - 12 _ i 1 4 .i located there does not seem to be in line with what . he has i Planned . i'' e is going to be off 13 in a little corner what he is basically looking for is not someone hunting for his shoo especially a fast food place . Yhat he is looking for is People that are going to he traveling and that will he able to find i . ; ; this place very quickly and where he is going to be located . I ii think a lot of People traveling on 13 will not find what his ii you know his complex or whatever he wants to develope . So i s i they are going to be traveling up that side road if they had jheard of it or something about it and driving iround looking for it . So your traffic volume might not you know there is going to be a lot more than 5 or ° cars per hour and I think not necessarily the type of people that are going to he there ' but what he is going to offer . Pe is (Minn to he down in the . ; valley , you are going to have your linuor , and you are pi g j ng ` Ii : to have your antiques which are going to he worth ouite a hit L : of money . There is therefore a high potential of crime because it is located in a kind of out of the way snot . JJ i. t 11 • Supv McCord - is there any other questions or discussion ? y a You want to take action ? what is your pleasure ? ; G ' i ; • . • • M ! ; I ss' Clm Cotterill - I would like to move that we grant this ti . sf Special Permit with some restrictions and include in those Hthat the entrances have to he on the Old Dryden Rd as shown ; j # on the map . They can not he run only from 11 in the morning i 4I ' to . 11 at night . That business will he closed after 11 PM HThat all of the east side of the property adjoining the I . neighbors be screened with whatever you feel is anpronriate , hedgerow or fence or something . Then if any of you thave any . M ) other type restrictions on what you feel is needed I will be I glad to include them in the motion . Supv McCord you check for signs ; M j 1 Clm Cotterill - How would define it . 1 Sunv McCord - What is allowed for that zone . . ndvertisinn on his own property . ' Clm Cotterill - Oh I would think so yes . You are talking } j : about signs or that type of thing . I would assume that would 11 be restricted . accordinq to what ' s already allowed . There M , if maybe other types of restriction if someone feels it is . ; ' ii necessary . . f 0 r 1 i Clw Graham - I think that we should have the knowledne that this enterprise will be open to people of all ages . Right ji li Clm Webb right 111 1 4 ! Clw Graham - from the very young to the very oldest individual . 1 , jj Clm Cotterill - accepted . I don ' t know , / you know whether there ' s 4i } o anyway . you can or anything you would want to put in on what i ! F could be sold . I assume you are going to allow food sold at ii I ' possibly a gift shop of some kind and that ' s about it . Now i ; how do you define that type of restriction , I don ' t know . � ; E ` t � 1 4Cjf k { f - la - l i Cim Tarr - the kind that bothers me of it . Is the advertising i ; + i i{ is stated as noinn from word of mouth , no signs and this means is a very steady clientele : i ' 0 Cim Cotterill - I would assume that . i „ S 0 ( - 4 , Clm Tarr - a good family tyoe res-taurant and I look here . It Istated that it would be more a tourist restaurant with European I style , a main restaurant , ice cream and hot dons . This is H conflicting . . t Supv McCord Do you want to put any kind of restriction on this ? + It ! i ` Clm Tarr - Yes , I can see the main restaurant , a family type L restaurant and I can see that road bareina that amount of , traffic . If they are puttinn up an ice cream and hot don II I stand alone with it . The 2 don ' t seem to no . . i1 . i lI Clm Webb - I agree with that . Restrict the food to the . restaurant . If they want to sell hot dons out of the restaurant . fi M Clm Cotterill - I won ' t argue with that . If you want to ' • , 1 restrict food sales only to the restaurant fine . i I { ` I . Mrs . Scheneck - may I ask on nuestion ? l j t + Supv McCord - Not now . Sorry you are out of order . tl Clm Cotterill - If that ' s what you feel is advisable to restrict i f - i ' ' sale of food . You are talking about food and beverage , right � i ; ; I , in the restaurant only . ,, . ; ` ? f � y is Clm Tarr - to the restaurant pruner . ' I I Supv McCord - the resolution now reads Bunny . ' I Cim Cotterill - did you net all those pieces . I i Town Clerk Lloyd - I just scribble: down things . l 11 i 44 ; . 4 . I v t • - 15 - I ( { Supv McCord - the motion is then that the tt Town Clerk Lloyd - the entrance _ on the Old Dryden Pd . l ( tl 1 Supv McCord - as defined in the plan I ( I j � d TC Lloyd - and open 11 in the morning to 11 at • ninht . i ( + II Supv McCord - right family restaurant TC Lloyd - and the east side of the property screened with it hedgerow or some type of fencing . � I I � ei Supv McCord - food limited to he served in family type restaurant Ii TC Lloyd - Main family type restaurant - restrict the food 11 to sales in the main restaarant , food and beverage . I I ! ' Supv McCord - okay i 1 TC Lloyd - open to people of all ages . I IISuov McCord - is there anything '• ; i . . Clw Graham - the flow of traffic than could no either up or down . ! + f Supv McCord - right • I , . Clw Graham - the Old Dryden Rd . 4 Il I Supv McCord - Correct . Is there any futher restrictions or i conditions you would like to place - in this resolution ? j li ! Cl ,,, Webb - I would just like to see if our sign law reads that , 1 i ' : what they are allowed . 10 x 16 Flo , not on the property . } o i + 3 ZO Stewart - They are allowed 2 sins . 1 i , Clm Webb - no flashinn signs H . ( ZO Stewart - No flashing signs . Can ' t shine where they would . interfere with traffic . i 1. ! l . 4 _ . .. . . _ . . _ . . , .. i . , . . c ! i 'r " L i ; , - 1 6 • - . , ' I ti - , • i + . i II � ! Clm Webb - any kind of a sign we would allow would iust i Si . . H a light period , . i y � ; . H' Clw Graham - It has to be 40 scuare feet . Standing : i i `y ki . k ,Clm .Webb - maximum . • ;. ,, a d ' � . t 70 Stewart - Can ' t he over 15 ' high . . , . . J1 . (( 4 H Clm Cotterill - that ' s the maximum size . I • I I i . H II . Z0 Stewart - Yes , maximum height . I t , 1 • Supv McCord - that is covered by . the ordinance . . • y . , i , �• . � , . l , Clm Webb - right , I just wanted to no over that and see if we 3 i ' • h wanted to restrict it any more . E � 1 ,f Supv McCord - anything else ? Is there a second to that . 11 . resolution ? Is there any further discussion ? All in . favor i 1 • . h please say aye . Cim Webb aye , Clm Tarr aye , Clm Cotterill gyp , . . _ i''{ � Any opposed ? Ciw Graham . I I . ' it . 4 Supv McCord - will you notify that your vote affirmative . . . ! . C1m ' Tarr . - Affirmative y j ' ' ii Clm : Webb - Affirmative . . i ' I . H : . Clm Cotterill - Affirmative � . . . I1 . Supv : McCord - Affirmative : . ! , l Clw Graham Opposed ! . ! Supv McCord - Sib will you notify 1r Boeres of the action . �i , C j { i II . . . if , I ' it I j ( t. . •Pi L . i [; ! I . . fs 1•yl f { i i i • ' y , 1 1 , t v . Re. ; Application of FRANCOIS CARIO BOERES for a Special Permit to build a Restaurant and Gift Shop . Town Board Hearingsconducted on August 9 , 1977 at 7 : 30 P . M . at Houtz Hall , Etna , New York , and on August 16 , 1977 , at the Town Hall , Town of Dryden , to consider the application for a Special Permit to build a Restaurant and Gift Shop on Route 13 , north of Dryden , between Route 13 and Old Dryden Road . The Public Hearing was duly advertised and individual notices of the Hearing were mailed to adjacent property owners . PRESENT : Supervisor Charles G . McCord , Councilmen : Clinton Cotterill , Henry "Tarr , Merton Webb , and Janet Graham . REVIEW OF HEARING The applicant was present at the hearing on August 9 , 1977 , together with the Donald McKee , Licensed Surveyor , and submitted a blueprint of the proposed Restaurant , Gift Shop and Museum . The blueprint legend indicated a Restaurant and lounge with 100 seats , front and rear porch , and split level ; Snack Bar and Gift Shop ; covered eating area ; covered display area ; antiques and carriages ; blacksmith shop ; existing barn to be remodeled into a museum for old farm implements ; antiques , wood burning steam boiler ; court yard with brick pavers , gas lights , and well ; existing farm shed . Objections to the issuance of the Special Permit were raised by residents of surrounding areas , primarily residents of the Town of Virgil , County of Cortland , and such objections were based primarily on traffic increase . For further details reference is hereby made to the minutes of the Hearing . After all of the parties present at the Hearing were heard , the Public Hearing was' ',' adjourned . The Public Hearing was continued 4 • . on August 16 , 1977 , with all members of the Town Board present , and members of the surrounding communities also present . A letter from Frank R . Liguori , Tompkins County Commissioner of Planning , dated August 10 , 1977 was read to the Board and made part of the minutes . After all of the parties present at the adjourned Hearing were heard , the Hearing was closed . FINDINGS OF FACT Upon consideration of all of the submitted material and state ments at the Hearing , as well as an inspection of the area by some of the Board Members , the Town Board finds that the proposed use , the limited as hereinafter set forth and subject to conditions as hereinafter specified , is consistent with the commercial development along Route 13 and is not detrimental to the adjoining properties or to the health , safety and general welfare of the community . . DECISION The Town Board hereby determines that the Special Permit shall be issued to the applicant , subject to the following conditions and restrictions : 1 . The entrances and exits to the Restaurant shall be from Old Dryden Road only and not from Route 13 . 2 . The easterly line of the property shall be screened with either appropriate fencing or a hedgerow . The Restaurant shall be a family restaurant , open to people of all ages , and the service of food and beverages shall be restricted to the main restaurant building only . There shall be no separate outdoor snack bar or outdoor eating area . The Gift Shop use shall be allowed , provided r • . that the same is within the Restaurant building or in an attached or annexed structure. . 3 . The hours of operation shall be from 11 : 00 A . M . to 11 : 00 P . M . and the Restaurant shall close at 11 : 00 P . M . . 4 . There shall be no garish or flashing signs , and any sign shall be placed in accordance with the provisions of the Zoning Ordinance . 5 . That . all -of the above conditions and restrictions shall be attached to the use and shall bind any future owner or lessee of the property . 6 . Failure of the applicant to comply with any of the above stated conditions or restrictions will result in revocation of the permit . RESOLUTION A resolution was made and adopted authorizing the issuance of the Special Permit as above stated ., Voting in favor of the resolution were Supervisor McCord , Councilman Cotterill , Councilman Webb , Councilman Tarr ; against Councilwoman Graham . Dated : Dryden , New York / August oZ ' , 1977 ‘ CI,� ci t ox upervisor sr