HomeMy WebLinkAbout1985-02-12 l td
PUBLIC HEARING #1
FEBRUARY 12 , 1985
PROPOSED AMENDMENT TO LOCAL LAW # 3- 1984 • -
Technical Corrections
Minutes of public hearing #1 at 7 : 25PM o '
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Supv Cotterill read the notice that was published in the newspaper to consider
proposed Local Law #1 -1985 which would make certain technical corrections of
Local Law # 3 -1984 _ (Flood Damage Prevention ) . No substantive changes are intended .
QUESTIONS AND/OR COMMENTS
Atty Perkins - this only makes some technical corrections to Local Law # 3 -1984 .
of our flood prevention plan for the Federal insurance program .
Closed public hearing 7 : 30PM I
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PUBLIC HEARING # 2
FEBRUARY 12 , 1985
ABANDONMENT AND/OR QUALIFIED ' ABANDONMENT OF CERTAIN
ROADS IN THE TOWN OF DRYDEN
Minutes of public hearing #2 7 : 30PM •
Supv Cotterill read the notice that was published in the newspaper to hear all •
persons interested concerning the abandonment and/or qualified abandonment of
certain Town roads . The roads to be abandoned and/or qualified abandoned are
(parts of) the following : Star Stanton Rd . ; Scofield Rd . ; ' Pine Woods Rd . ;
Cornelius Rd . ; Beam Hill Rd . ; Card Rd . ; and ' Stafford Rd .
QUESTIONS AND/OR ' COMMENTS-
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, Atty Perkins - clarified the difference between qualified and abandonment of certain
roads . Abandonment means that the road will cease to be used as a public thoroughfare •
or 'right- of- way and cease to be worked at public expense . The town will have no
interest in it at all .: , A qualified abandonment means that the town will cease to
work the road , and cease to be liable for its maintenance . This does not affect .
its status as a thoroughfare or means of access or egress to other people . I
There are certain technical provisions in the highway law about who can close off A . .1
the road . You have to provide a gate or fence to allow continued use and access 1
over the road . Basically , a qualified abandonment means people can go over the
road to have access to their property; may " continue to do so , but it will not be
maintained at town expense . Abandonment is that the total abandonment of any
public interest in the road .
There was some discussion .
Dick Heidt - if He fixed the road could he get any money back from the people that
are going to use the road to get into their property ? It would be landlocked on
an abandoned road , but' not on a qualified abandonment .
Supv Cotterill - we would not propose to fully abandon _ . a road that has more than
one property owner , because we realize those people need to get to their property . .
Atty Perkins - to . get money back if you fixed up the road would have to be by
agreement with the property owners involved who had : use of the road .
Harold VanPel .t • - we wouldn ' t expect to have it plowed in the winter time or widened
out , but would . like the town to maintain the ditches and cutouts so that they can
get in on Beam Hill Rd . , The- property ' has been in his family since 1900 and he has
paid the taxes on that property .
Supv Cotterill - that boards position is that sometime someone may decide to build
a house on a road that is near impossible to maintain due to the terrain . If these
roads are on the town map the town -has an obligation to maintain that road which
could cost the taxpayers in the millions of dollars to make that road passable . 11
The board does not feel that the taxpayer should have that kind of liability .
We are not opposed to a public right -of- way by a qualified abandonment . !
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Shirely Otis - wanted to go on record as being opposed to an abandonment and/or
qualified abandonment on any portion of Beam Hill Rd .
Ed Schwab - would like to keep Beam Hill Rd as a seasonal limited use road .
Dick Heidt - wanted to know who decides to abandon a road ?
Atty Perkins - on an abandoned road it would be the Highway Superintendent , based
upon use . A qualified abandonment would be by the County Highway Superintendent .
Z.5
Robert Demeree , Assistant ' Regional Forester with DEC stated that the Department
had no objection to Card Rd being - abandoned , which- impacts on their state forest .
Star: •Stanton Rd - they would expect - that portions through the state forest would
j ; be qualified:: abandonment . Even though it is poor access , it is the only access
DEC has . They have no objection to seasonal access as long as there is a certain
level of- maintenance on roads through state ' forest lands . ' They need a minimum
amount - of grading -and draining . '
The residents on Beam Hill Rd would like to see the road improved so that it is
passable during the non -winter months and something done with the water problem .
They do not care at all about having it brought up to town specifications .
U .
Closed ' public hearing # 2 8 : 20PM
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TOWN BOARD MEETING •
February. 12 , 1985
Supv Cotterill called the meeting to order at 8 : 20PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk : Supv Cotterill , Clm Webb , Clm Evans , Clm Garlock
Attorney Perkins , Z . O . Stewart (Present )
Absent : Clm Schelcht
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Supv" Cotterill "appointed Clm Evans_ to audit the general, fund bills , and Clm Webb ,
to audit special district bills . . .
Approval of the minutes : - Motion was made by- Clm Webb and seconded by Clm Garlock
that the minutes of the Town Board heeting' held Jan 8th , the public hearing held
Jan 14th and the special meeting held on Jan 22nd be approved as submitted .
CITIZEN PRIVILEGE OF THE 'FLOOR •
Supv Cotterill ' - there have been several requests in the past year asking the
highway to cut down some trees - that would be a danger to passing motorists on
Mill St . , in ' Freeville . NYSE&G cut down one tree on the south side of the
bridge and the Town cut a " tree down on the north side of the bridge on Mill st .
The one tree that the Town cut down was very rotted and - in bad shape .
Jane Dck-ensoh, Mill St . Freeville - -wondered how someone can complain about a
tree and while - the - property- owner is at work , the trees are cut down . She wanted
to know if this was the determination of the Supt of Highways .
Supv Cotterill - If the tree is in the persons front yard they will not cut them
unless the people want them cut . . Where they are away from the persons home , but
in the town highway- right= of-way and appear to be _a problem , he would determine
as to whether or hot they are dangerous
Jane Dickenson — wanted it known that she protests this very much .
Mr • Lowery - he . was one of the people who ` had made the complaint about the tree
in writting , to institute . the proceeding ; since he as a taxpayer ; " to protect
the town in a liability situation . He is in the insurance business ; and this
- is common if they see something. in ` a township that they .insure , -. .they jut - you
on notice in writting . About 2 months ago the Town " did 'receive ' notice with a
diagram to —the—best of their knowledge that these large trees ' are a problem
- .. ,".to the north and south of the bz-dge on Mill St . and : asked if . something could
be done . • One • reason - is that they ' were beginning to lean more—and— more into
the road and he is pleased to see that they are down . As a • takpayer he would
like to thank the Town . .
Robert Bland , 289 Bone - Plain -Rd , representing 86 people who had signed- a- petition
and would like to submit itto " the Tbran Board regarding Section 804 - Article 4 in
the Zoning - Ordinance all lots shall be kept free of unregistered and/or abandoned
or inoperable vehicles , trash , rubbish and junk . : Where we live_' it is zoned RD
and there are several 'residents who are in flagrant violation of the - zoning law .
The people who have signed the petition feel that the presence of the junk does
not promote the health , safety , " integrity , and general welfare of the community .
Therefore , . they request the Town Board" to take all necessary steps to enforce
the zoning ordinance against flagrant offenders , issue no new special permits
for salvage or - junk cars in our community and to provide- notice to all residents
of the consideration of special permit application by mail to all " texpayers within -
one mile of the location . He felt that if the zoning was not enforced the area
involved is going down hill .
Robert Russell - had spoken with - the - person - in violation and was told that he
does not care and he was not going to- clean it ' up . He wanted to know who was
going to clean up the mess .
It
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It
Judge Sweetland on Dec loth at 9 : 30AM Mr Stetson appeared .on a criminal
summons and Z . O . Stewart was present . at the hearing . He gave Mr Stetson
until the 7th of Jan to clean up the - mess . At this time , he has two options
he can fine Mr Stetson $100 . 00 , or send him to jail for 15 days Or do both .
If the Town Board decides to have it cleaned up they ' cah take special action .
There is a . provision for penalties in the Zoning Ordinance , Article XVIII
Section 1804 . A violation of this Ordinance is an offense : punishable by a
fine not exceeding $100 . 00 or by imprisonment for a period not exceeding
15 days , or both . Each weeks con.tinued _ breach shall . constitute a separate ,
additional violation . in addition ,1the Town Board . shall have such . other
remedies as are provided by law to enforce . the provisions of this Ordinance .
There was some discussion.
Judge Sweetland - was under ' the impression to get the mess cleaned up instead
of imposing a penalty , If the Board wishes additionalremedies other than
the ones provided in ' this Ordinance , ' he felt that it would be up to the
Town Board . He- has a choice of a fine , or jail or ' both . He has given him
plenty of time to get the messdleaned up .
Robert Bland - felt that not only in ' this area , but zoning ' should be enforced
all over the area .
Supv Cotterill " - : there have been complaints all over the Town , . :not just in your
area ! This is something that the Town Board will hhve to' decide what action
they want to take.
Vicki Bland - wanted' to . khow . what the Town` Board was going to do about it .
Supv cotter l•1 the . ,Zoning Officer will . have to survey the Town and if the
people are in violation , request the people to_ correct the `sit.uation , If they
don ' t do it, within a certain period of time , then he can turn them ' over to the .
Judge . Judge Sweetland has told you what • will happen after he - receives the
violation . If he isn '' t successful then this Town Boald will have to make a
decision .
Pete deBruyn - is sick of . waiting for the mess to be cleaned up . -
-- Vicki Bland - the consensus is that people have moved • in , invested a lot of money ,
and are trying to raisea .family. -You are dealing with these flagrant offenders
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and they also have to deal with the dump that " is on: ,Caswell . Rd . • The town
° is allowing people to move a trailer in ; add on ' a shack and ' build ' an outhouse
and dump their sewage into the creek .
Supv Cotterill - if there is sewage : in the creek than that would be up to the
Health -Dept to enforce . ' You should send . a . letter and call the -Health Dept
to complain .
ATTORNEY
Atty Perkins -• at the request of , the Planning Board ' andthe industrial Agency ( IDA )
Clm Schlecht , CI'm Webb . Cim Evans and himself met to talk about certain revisions
to the Zoning ' Ordinance . This has : to do with revising what our M-A zone allows .
They took ^ a list of suggested ' allowed uses from the IDA and . adopted. those into
the proposal . , They also , adopted- as a proposal a . new Article XXIII to the
Zoning Ordinance which would set up a . unique site ' plan . review . board . This was
• felt , since you want to get away from special . permi'ts that there "• would be a more :
intensive review . • Copies . have been made and handed out to Board members of
the site plan review board proposal that has ' been -tailored .for a M-A zone only .
There are no other zones - in the ordinance . for . which , a. ° site plan . reivew is intended
- for at the present time . This Artiale ' XXIII . is the basis as to where we are going
with the revisions in the Zoning . Ordinance . We are taking a lot of the responsibility
for special permits away from the Town . Board , and putting it into the Site Plan
Review Board , which in this case would be the Planning Board . . There are types
= t the review board must have . The ublic hearing will not as a matter
of fans tha P
F
of course
be required for any allowed use . .. This is just a proposal and the way
course , e I • q any
it was proposed was to facilitate development in a M=A zone of any of the allowed
uses . A site plan review public ' hearing must be held upon the request of - the
Town Board under the proposal , or if the Planning Board- decides - to hold one .
It is not required but optional . At 'the request of Olin Schlecht , we have
•inserted a short circuit route for simile ' non- Oontroversial ' plans in Section
1202 . The Zoning Officer would be able to : issue a permit when be ' la satisfied
that the provisions of Section 2302 . 3 and 2302 . 4 have been complied with and
if he feels that the long Environmental Assessment form from' SEQR have been
filled out . And , if he can make a negative declaration 'based on that , than:
he may directly issue a permit withbut a public hearing or without any - site
plan and review by the Site Plan Review Board . At any time . by:, •r. esolution ,
the Town Board , Zoning Officer or Site Plan Review Board . may . requ'ire the
applicant to go through the site plan procedure . At which _ time - the applicant
is out of the short circuit procedure . - These are drastic changes and deserve
your careful review and consideration . ' He ' felt that the Town Board should set
a public hearing on each proposed amendment to allow sufficient time for all
interested parties to obtain copies . • '
lir
This . amendment to the Zoning Ordinance - would repeal the ' old Article XII and
become new Article XII . In connection' with this , the zoning map is being
revised to include a M-- A zone in that area north of the Village of Dryden ,
Rt 38 and west of Rt 13 which is ' within the Cortland Rd Sewer • Dist . The
other M-A zone would be an area near the airport in the Rt 13 corridor which
is largely undeveloped now . The other ' item is to address ' the airport hazard
zone which we have in Section 1604 in our Zoning Ordinance . An airport hazard
zone is neither defined in our Zoning` Ordinance , General Municipal Law or in
the code statues - rules and regulations . of the Federal Aviation . He would
like to delete any ' reference ' to airport hazard zone in Cur. ordinance . In
its place create a new section with the ' same number labled ' flight hazard area
which is defined in our " General Municipal Law and is under the rules and "
regulations of the Federal ' Aviation . This also , should` be ` included on the
zoning map . The Town could permit anything within the flight hazard area
near Tompkins County Airport that would be permitted under state law and retain
that . restriction of no multiple dwellings , hospitals , nursing homes , places of
public assembly in . any area designated as a flight ' hazard area of any airport ,
private airport or heliport .
RESOLUTION # 53 SCHEDULE PUBLIC HEARING ON PROPOSED
ZONING CHANGES
Clm Evans offered ' the following resolution and asked for. its adoption :
BE IT RESOLVED AND ' BE IT ORDAINED, that the Town Board of the Town' of Dryden
as follows :
1 - Article XII district regulations ' M-A Zones of the Zoning Ordinance ,
Town of Dryden , Tompkins County New York is hereby repealed
2- Said Ordinance is : hereby amended by adding thereto a new Article XII
as follows (copy filed with Town Clerk)
3- Section '1604 of Article XIV is hereby repealed
4 - Said Ordinance is hereby amended by - adding thereto a new Section 1604
as follows (copy filed with Town Clerk)
5- Said Ordinance is hereby amended by adding thereto a new Article XXIII
as follows ( copy filed with Town Clerk )
6- A Town of Dryden zoning map is hereby amended to establish M-A Zone
as set forth in the minutes of the Town Planning Board and filed with the
Town Clerk
7- that a public hearing be held by the Town Board , Town Hall , 65 East
Main Street , Dryden , New York , 7 : 30PM prevailing time on March 5 , 1985 to hear
all interested parties or citizens for' or against the adoption of these proposed
amendments to the Town of Dryden Zoning Ordinance .
2nd Clm Garlock Roll call • vote - all voting YES
Atty Perkins - code enforcement report for the month of Jan from Gary Wood
RESOLUTION # 54 AUTHORIZE TOWN ATTORNEY TO DEFEND
TOWN OF DRYDEN RE : New York Telephone Co .
Clm Garlock offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board authorize Atty Perkins to defend the Town of Dryden
in the application lawsuit of New York Telephone Company against the Assessor ,
the Board of Assessment Review , the Town Supervisor and the Town . Board of the
Town of Dryden - to declare certain assessed values as unlawful .
BE IT FURTHER RESOLVED , that this Board authorize the Supervisor ' to sign all
legal documents necessary .
2nd Clm Webb • Roll call vote all voting YES
There was some discussion regarding zoning viola.timns . Supv Cotterill felt that
the Town Board should instruct . the Zoning Officer on the steps that he has to
follow and then if that is not successful the Town ' Board . will have to take some
action . The Zoning Officer should survey all areas in the town for violations
and give them a certain length of time ' t9correct the situation . If that fails
turn the matter over to the Judge and then his obligation is finished . If the
• Judge does all he can do required by law and that fails and further action is
needed report back to the Town Board and the Town Board will give whatever support
is needed .
Atty Perkins . - there are two alternatives to proceed under the State Uniform
Fire Prevention and Building Code or our Zoning Ordinance as a criminal matter .
Judge Sweetland has made the ; Town Board aware of what things are . You can also
proceed against them civilly and force them with a court injunction to clean
the mess up .
Mr Bergen Wrisley , German Cross Rd . - would like to have the creek changed back
to the way it _was when his parents ' had purchased the land and wondered if the
Town Board could help . '
Supv Cotterill - the town - is not allowed to go into • a stream without a permit from
DEC .
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' MotionV was, made by. Clm. Evans and seconded by Clm Webb. that the following -
I Local Law . be adopted . v ,- '�''
.. _2 v._ . _ a
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1.
__ . _ ._ . __ SECTION 2 . SECTION 2 . 0 la is hereby amended to of such1 � /
read as follows :
SECTION 2 . 0
Definitions
Unless specifically defined below , words or phrases
used in this local law shall be interpreted so as to
give them the meaning they have in common usage and
to _give this local law its most reasonable
application .
2 . 1 " Appeal " means a , request for a review of the
interpretation of any provision of this law or a
. request for a variance ,
•
2 . 2 " Area of special flood hazard " means the land in
the flood plain within a community subject to a one
percent - or greater chance of flooding in any given
year .
2 . 3 " Base flood " means the flood having a one
percent chance of being equalled or exceeded in any
given year .
•
2 . 4 " Development " means any man - made change to
improved or unimproved real estate , including but not
limited to buildings or other structures , mining ,
dredging , filling , paving excavation or drilling
operations located within the area of special flood
hazard .
2 . 5 " Flood " or " Flooding " mean a general and
temporary. condition of - partial or complete inundation
of normally dry land areas from :
( l ) , The overflow of inland waters and/ or
( 2 ) The unusual and rapid accumulation or
runoff of surface waters from any source .
-2 . 6 " Flood Hazard Boundary Map " ( FHBM ) means the
official map issued by the _ Federal Insurance
paimin .istration ' where . the __ areas of special flood
hazard have been designated Zone A . .
_ _ - 2 . 7 " Lowest Floor " means lowest _ level including
basement , crawlspace , or garage of lowest enclosed
area .
2 . 8 " Mobile Home " .. - means a structure • that is
transportable in one or more sections , built on a
permanent ' chassis , and designed to be used with or
without a permanent foundation when connected to the
" required - Utilities . . It does not include recreational
vehicles or travel trailers .
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2 . 9 " Structure " means a walled and roofed ' building ,
a mobile home , or a gas or _liquid storage tank , that
is principally above ground .
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•
•
) .
2 . 10 " Substantial improvement " means any repair ,
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reconstruction , or improvement of a structure , the
cost of which equals or exceeds 50 percent of the
market value of the structure either :
• ( 1 ) before the improvement or repair is
started , or
( 2 ) if the structure has been damaged and is
being restored , before the damage occurred .
For the purposes of• this definition " substantial
improvement " is considered to Occur when the first
alteration of any wall , ceiling , floor or other
structural part of the building commences , whether or
not that alteration affects the external dimensions
of the structure . The term does not , however ,
include either :
( 1) Any project for improvement of a structure
to comply with existing state or local health ,
sanitary , or safety code specifications which are
solely necessary to assure safe living conditions , or
( 2 ) any alteration of a structure listed on the
National Register of . Historic Places ' Or a State
Inventory of Historic Places .
2 . 11 " Variance " . means a grant of relief from the
requirements of this local law which permits
construction in a manner that would otherwise be
prohibited by this local law .
SECTION 3 . This Local Law shall take effect upon filing in
the Office of the Secretary of State .
ill a
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Roll call vote - all voting YES
RESOLUTION: # 55 APPROVAL OF CONTRA•CT. TIME TO
ALTEC CONSTRICTION CO . INC .
C1m Webb offered the following resolution and asked for its adoption :
RESOLVED , that this Dryden Town Board - grant - the extension of contract
time to Altec Construction Co . Inc . solely for restoration which will .
include topsoil , seeding , possible trench and pavement repairs , shoulder •
grading andl surface treatment along the Dryden -McLean Road , an extension
of the contract deadline through May 31 ', 1985 ; •
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BE IT FURTHER_RESOLVED , the collection system be completed (including •
all septic tank effluent hook- ups) , • tested , be operational ' and have a
•
satisfactory NYSDEC inspection and a certificate of substantial completion
- issued jointly by the owner , engineer and contractor prior to March 13 , 1985
also ;
BE IT FURTHER RESOLVED , that this extension of time is contingent upon
• DEC approval . '
2nd CIm - Evans - Roll call vote — Supervisor Cotterill YES
Councilman Evans • YES
Councilman Webb YES
. Councilman Garlock YES
• Councilman Schlecht Absent
ZONING OFFICER - •
1 building permit for the month • of January (apartment in ' a house )
ZBOA held 3 hearings 1 = add on to house , side yard set back did not meet
requirements 2- Hicksto sell furniture out of their storage building;
Ambis pairnt and sign business plus a machine shop at 1808 Hanshaw Rd .
All variances were granted .
CORRESPONDENCE e�y
Ambulance report •
Letter from Leroy Marsh thanking Town Highway Dept for cutting down a decaded tree
NYSDOT - steed limit report on Baker Hill Rd and Mt ',PleasantiRd .
Letter from veteren ' s Memorial Home - temporary shelter in case of disaster
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C . RESOLUTION # 56 TAX REFUND CORNELL UNIVERSITY
• PARCEL # 56 - 3- 2 . 2
Clm Webb offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board authorize the Supv to refund $ 173 . 48
due to error on tax parcel regarding sewer district , . to Cornell University .
2nd Clm Garlock - Roll call vote - all voting YES
RESOLUTION # 57 APPOINT RESPRESENTATIVE TO ITHACA
AREA WASTEWATER TREATMENT PLANT
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Clm Evans offered 'the following resolution and asked . for its adoption :
RESOLVED , that this Town Board appoint C1m .Garlock to the Ithaca Area Wastewater
Treatment . Plant as the. Town of Dryden representative . . .
2nd Clm Webb . Carried .
RESOLUTION # 58 APPOINT BRAD PERKINS TO TOMPKINS
• COMMUNITY HOSPITAL BOARD
Clm Evans offered the following resolution and asked for its adoption :
' RESOLVED , that this Town Board appoint Brad Perkins to the Tompkins Community
Hospital Board as the Town ' of Dryden ' s representative .
2nd Clm Webb Carried
JUSTICE REPORTS - Judge Sweetland - $ 4 , 091 . 00 Judge Newhart - ' $ 2 , 535 . 00
FINANCIAL REPORTS - given to Board members -
RESOLUTION ' # 59 AUDIT GENERAL FUND BILLS
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Clm Evans offered the following resolution and asked for its adoption :
RESOLVED , that the general fund bills be paid as _ audited . . .
2nd C1'm Garlock Roll call vote . - all voting YES .
RESOLUTION # 60 AUDIT HIGHWAY FUND BILLS
Clm Webb offered the following ' resolution and asked for its adoption :
RESOLVED , that the highway fund bills be paid as audited . . .
2nd Clm Evans Roll call vote all voting YES
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1111 • a
RESOLUTION # 61 AUDIT SPECIAL FUND BILLS
Clm Webb offered the following resolution and asked for its adoption :
RESOLVED , that the special district bills be paid as audited .
2nd Garlock - Roll call : vote - all voting YES
Roger Lampila - would : like to have the IDA also review ' the proposed amendments
to the zoning since they have spent a lot of hours , along with the Town Board
and Planning Board before it -goes to ' .public hearing .
Atty Perkins = these are the Town Boards proposals which are recommendations
from both the Planning Board and IDA taking into consideration sentiments
and positions of the Town Board members
Clm Evans felt that a special effort should be made to have the Planning Board
and IDA present at the public hearing .
NEW BUSINESS
Schedule public hearing March 5th at 7 : 30PM and special meeting to follow .
regarding proposed zoning changes .
Adjourned : 9 : 48PM
AO
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Susanne Lloyd
Town Clerk
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