HomeMy WebLinkAbout1987-09-08 TOWN BOARD MEETING
September 8 , 1987
S upv Cotterill called the meeting to order at 7 : 30PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk :
P resent : Supv Cotterill , Clm Evans , Clm Webb , Clm Garlock , Clm
S chlecht , Atty Perkins
Absent : Z . O . Slater
PUBLIC HEARING
SPECIAL PERMIT - Brotherton
S upv Cotterill read the notice that was published in the newspaper
t o consider the application of Thomas and Pennie. Brotherton of 546
B one Plain Rd to expand their ( 3 ) unit mobile home park at 560 Bone
P lain Rd to ( 6 ) units .
Q UESTIONS AND / OR COMMENTS
Tom Brotherton - when he first applied for the variance he wanted.
t o install 3 mobile homes and eventually increase it to 6 . His
Ilk instruction was . that there wouldn ' t be any problem when the
variance was granted by the Board at that time . ZBOA felt that 3
additional ones would make it look more park like .
S upv Cotterill - has a copy of the resolution from ZBOA which
states that they would allow to place 3 mobile homes on a part of
t he 30 acres .
• Tom Brotherton - in the last paragraph it states that in time they
f elt . that 3 more additional units could be across from each other .
S upv Cotterill - it also states that the Board deliberated and
subsequently felt that this was the start of a small mobile home
park since 3 additional units were planned . Placing the units in a
park like fashion are more desirable than placing them end to end .
There was a question as to why it was applied for to . the ZBOA
instead of a special permit . The reason being there was not enough
road frontage . •
Catherine Brown - 515 Lower Creek Rd , has been a member of the
committee that was appointed by the Town Board to work on mobile
h omes and mobile home parks . There has been a moratorium for over a
year on any new parks or any expansion of present parks . She does
not see how this permit would even apply and thought that it would
come under the present moratorium ?
/ oZ
Atty Perkins - it would appear so . The reference to the moratorium
• in incorrect . There is an ordinance that states mobile homes are
allowed in mobile home parks . They are not allowed on individual
lots and mobile home parks are only allowed in those areas which
are served by municipal water and sewer .
Catherine Brown - it seems clear to her that this would not be
allowed with the present zoning which is enforce .
Tom Brotherton - his permit was dated in 1982 and he felt that this
should be under the grandfather clause . It is not considered a
park until there are S mobile homes .
Atty Perkins - a parcel of land under single ownership which is
planned and approved for the placement of 5 or more mobile homes is
considered to be a mobile home park .
S upv Cotterill - if is isn ' t a park than it has to meet the zoning
o rdinance for private lots . Mr Brotherton did not have enough road
f rontage for the 3 mobile homes and that is why the variance was
g ranted .
Tom Brotherton - the variance was granted because they were going
t o extend it up to the 6 mobile homes .
Atty Perkins - wanted to know the reason for the variance in 1982 ?
STom Brotherton - they have the road frontage , but they wanted to
set it up so that they could install 6 mobile homes .
S upv Cotterill - wanted to know how much road frontage there was ,
and how much was set aside for the park ?
Tom Brotherton - about 1200 feet , and about 300 feet was set aside
f or the mobile home park .
S upv Cotterill - the requirement is 125 feet per residence , so that
w ould mean 375 feet for the 3 mobile homes , if they were to be set
u p on individual lots .
Tom Brotherton - it was never intended for individual lots but a
mobile home park . It was always intended for 6 mobile homes .
Catherine Brown - if he calls it a park than he has to comply with
t he current zoning .
Atty Perkins - as soon as he received a copy of the pubic hearing
n otice he called Z . O . Slater wondering why there was a hearing on
t his because it appeared that this would come under the town
o rdinance which states that you can only have a mobile home park in
an area served by municipal water and sewer. To allow this to
proceed he felt that you would be treating this applicant in a
• different manner than you have treated other applicants with
similar requests , given the amendments to the 1986 zoning
o rdinance . But , at that point it was to late because the notice was .
already sent to the Ithaca Journal .
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This would be subject to the boards review . It would appear that if
tyou decide that he has already had a park and this is merely an
e xpansion of it than you will have to refer this to the Planning
Board for their recommendations . It would also appear that there
h as never been a mobile home park license or any of the other steps
t aken in the first instance to qualify it as a mobile home park ,
e xcept for the very vague language in the decision made by the ZBOA
in 1982 .
S upv Cotterill - asked Z . O . Slater some questions and his only
comment was that because this said mobile home parks would only be
e stablished were there is sewer and water . There was a question ,
w as this an addition or was it an establishment of one . The
applicant wanted to go ahead on the theory that it was an addition
and not an establishment .
Tom Brotherton - felt that this was just a completion of his
✓ ariance that was granted .
S upv Cotterill - the ZBOA could not issue a variance for 6 mobile
h omes because that would be a park .
Atty Perkins - the ZBOA gave you permission to establish 3 mobile
h omes , 2 of them without road frontage . This would be a reasonable
interpretation of what has happened so far . The problem is that you
w ere never a mobile home park . The ZBOA did put in a requirement ,
if you were going to do this and was granted a variance that you
treat it like a mobile home park . They have no authority to give
you permission to establish a mobile home park . This is the first
instance in the establishment of a mobile home park . If you want to
e stablish a mobile home park that is serviced by water and sewer ,
t han you would have to go the Planning Board . They would have to
pass on that question and than you would have to go through the
✓ egular permit application procedure . If in 1982 you had gone
t hrough the mobile home park procedure to establish a park , since
approval was granted and had only 3 units put in and had approval
f or 6 or more than his opinion . would be different . All that was
d one was to get a variance to waive the road frontage requirement ,
and never the application for the mobile home park procedure in
1982 .
Atty Perkins - the Town Board has 45 days with which to make a
d ecision . The best thing to do is get the complete file from 1982
and determine exactly what it was that you applied for and why .
Clm Schlecht - before it comes before the Town Board he wanted
information on previous water and sewer usage from the Health Dept . .
and that all guidelines are followed .
Closed public hearing :
• APPROVAL OF THE MINUTES : Motion was made by Clm Evans and seconded
by Clm Webb that the minutes of the Town Board meeting held August
11th be approved as submitted .
COUNTY BRIEFING
• Co . Rep Tillapaugh - reported that he had received the letter of
✓ equest for a traffic signal near the McLean school and would to
make sure that a letter is sent to William Mobbs , County Highway
S upt . He is not sure how long this request will take .
- - reported on solid waste . The results of the test sites ,
u nfortunately 2 are located in the Town of Dryden and 1 is located
in the Town of Enfield . There was considerable discussion .
CITIZEN PRIVILEGE OF THE FLOOR
Catherine Brown - gave the Town Board a petition and then wanted it
✓ ead into the minutes . We the undersigned residents of the Town of
D ryden are very dissatisfied with the lack of enforcement of the
lease law , the poor response time to nuisance calls , and other
complaints and the inability to directly communicate with our
current dog warden . We do hereby petition the Dryden Town Board to
✓ einstate the Tompkins County SPCA as official dog warden for the
Town of Dryden . The SPCA has approved modern facilities , trained
personnel and radio dispatch vehicles to best provide the services
w e the residents in the Town are entitled to receive .
- There are 43 signatures from different sections of the town , but
more signatures can be gotten .
A couple of years ago , for good reason , the Town declined to
recontract with the SPCA because they had some bad experiences
u nder a former director . She remembers when Robin Remick , as
d irector , first came to the Town for the contract . It was obvious
t hat the Town was going to sign the contract with Lorraine Bard ,
and was informed that this was not going to be a permanent
arrangement , but to see how it worked out to see if she lived up to
t he demands of the job . At that time , a year and a half ago she
w ent down to look at her facility to see what it was like then . It
✓ eally needed some upgrading . A month ago she went again to see
w hat she has done in the 2 years that she has had the contracts
f rom 4 towns , and the facility looks just about the way it did
t hen . Lorraine does try to do things and she does care about
animals , and felt she does do the best she can as one person . In
the Town of Dryden we have this good facility with the SPCA and as
she understands the money requests from Lorraine and the SPCA are
close . She does not see why we in the Town of Dryden have to be
served by someone who lives outside the township . She did not
initiate the petition , but she could get a lot more signatures
because there are a lot of people that feel that way .
Vicky Bland - thought that Lorraine Bard was a very responsible
person . You always get the answering service if it is before 9 : 0OAM
o r on Sunday at the SPCA .
J oyce Gerbasi - Lorraine believes in cases of neglect of dogs , etc ,
Swhere frequently some training is in order , where the SPCA version
is you snatch the dog which may lead to euthanization She felt
t hat this should be looked at closely .
•
,n ^
TOWN OF DRYDEN O DRYDEN, NEW YORK
P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607-844-9120 In the Heart of the Finger Lakes Region
ZONING OFFICE
Date : September 8th , 1987
To : The Dryden Town Board
From : Henry M . Slater
Zoning & Building Code Officer
Town of Dryden
Sub . : August 87 Report .
Building Permits for August 87 .
There were ac ) total of 21 Building Permits issued for August and are as
follows : Fv
8 Single Family ( A- 1 ) Structures .
2 Single Family ( A - 1 ) Additions .
6 Private Garages / Storage Buildings
1 Private Storage Building Addition .
2 Swimming Pools
1 Wood Stove Installation
1 Greenhouse
• Zoning Board of Appeals Hearings , see attached review of cases .
Special Permits : .
I to James Case Jr . for a Tractor Repair Business at 611 Lake Road , Dryden .
Site Plan Reviews :
1 for Meltron Inc . at 1808 Hanshaw Road Ithaca , in the M . A . Zone for assembly
of • air craft parts . ,
General Advisements :
Please be advised that in preparing my office budget for the 1988 year I
took many items into consideration . Since I have gone through these items
in past correspondence I will not repete those here . I ' ve asked for a budget
to provide for an average of 10 hours per week of clerical help . . Since my
own time investment has been considerable , and responsability great , I ' m
requesting a fair return for my investment .
Albert Edmondson :
Please be advised that this case is being turned over in _10 :. daysto the Dryden
Town Court for futher action . As you may recall Mr . Edmondson had requested
a 6 Mo . Variance to place a Mobile Home at 40 Lower Creek Road in the Town of
Dryden . Said variance was granted in Dec . 86 expiring in June of 87 with an
extention till July 87 . Since that extention is approaching 60 days past ,
I ' ve given Mr . Edmondson 10 days to remove the Mobile home or face action
in the Town Court .
CC : S . Lloyd , Dryden Town Clerk 1
Mahlon R . Perkins , Dryden Town Attorney
r,
TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN , NEW YORK 13053
11. \•
In the Heart of the Finger Laker Region
Date : July 23rd , 1987
To : Members of The Zoning Board of Appeals of the Town of 'Dryden
From : Henry M . Slater , Zoning & Building Code Enforcement Officer
Town of Dryden
65 E . Main Street
Dryden , New York 13053 .
Sub . : Agenda for August 4th , 1987 Z . B . A . Hearings
7 : 30 P . M .
Joseph Allington of 333 Ferguson Road is requesting a variance to
section 701 , ( Allowed uses ) , of the Dryden Town Zoning Ordinance to
establish a commerical garage . He is requesting the variance for his
residence at 333 Ferguson Road .
Action : The Z . B . A . . tabled the request until legal council could be available .
7 : 45 P . M .
Darla VanOstrand of P . O . Box 37 Brooktondale is requesting a variance to
section 803 . 1 , ( Road Frontage ) , to erect a single family residence at
265 Ringwood Road . There would be no road frontage but , there would be
a easement from her father Gordon Eggleston of 265 Ringwood Road . The
lot currently is 16 acers and VanOstrand is proposing to use 2 acres of
this parcel .
Action : The Z . B . A . tabled the request until legal council could be available .
8 : 00 P . M .
William & Monica Cuthbert of 463 W . Dryden Road are requesting a variance
to section 804 . 1 , ( placement of all structures a min . of 70 ' from the
center of the road ) , to erect a pole barn / garage at theiir residence
Action : The Z . B . A . tabled the request until legal council could be available .
Action Taken for August Z . B . A . Hearings .
On Sept . 1st , the Z . B . A . meet with Town . Attorney Perkins present for the
purpose of reviewing the August 87 request and the current , request for the
Sept . hearing night .
Results : Allington , tabled pending my findings as to if he still has need for a var -
iance . It appears that he has opened a business in the R . D . Zone where this is
an allowed use .
VanOstrand , it was desided that a variance would be granted as long as the
title to the property remained with the current owner , Gordon Eggleston .
Cuthbert , request was denied . If Cuthbert move structure location 8 . 5 ' he
then will be in compliance of the zoning requirements . Cuthbert has agreeed
to do so and no longer has need for a variance .
. 7 _
Robin Remick , Director from SPCA - the State law does not allow
Lorraine Bard to investigate cruelty to animals . She does feel that
L orraine does try to give good advise and show people better ways .
It is the SPCA responsibility as peace officer to enforce cruelty
laws of the State . They SPCA does the same as Lorraine , but you may
h ear about those cases where your good effort does not work and a
lot of those cases maybe referred to us by Lorraine .
, There was some discussion with regard to the new proposed RA zone
and the way the boundaries will be established .
ATTORNEY
Atty Perkins - the serial bonds for the improvements in the Varna
area have been reregistered .
- the Town of Dryden recreation program has had their consent form
✓ evised to make it gender neutral .
- there has been some work done regarding highway specifications
- he spent 5 hours with the Zoning Board of Appeals to help them
w ith their procedures .
- Snyder Hill water dist . - Hunt Engineers has received
correspondence from Albany and there were 6 items they wanted the
410 engineers to address , ( 5 of which are minor ) . The more critical
item was the engineers have indicated all structural pumps were
t emporary in nature pending further development . The Health Dept
stated that is not the way they would like to see it . They do not
see it as temporary because it is permanent , therefore they would
like to have an above ground structure .
- has requested from the County Planning Dept a copy of the
o rdinance having to do with landfills .
- has 2 matters for executive session .
RESOLUTION # 130 ACCEPT OFFER OF DEDICATION
BRIDLE LANE
Motion was made by Clm Garlock and 2nd by Clm Evans
Copy of resolution inserted in minute book .
y
ZONING OFFICER - absent , but report was given to Board members .
G ary Wood - spoke regarding a proposed industrial park on Hall Rd
CORRESPONDENCE
Ambulance report
D og report
,. . Request for leave of absence - Anne Everett - ZBOA
H ighway inventory given to Board members
9:5- 19
Motion was made by Clm Garlock
RESOLUTION NO . 130 - 1987
ACCEPT OFFER OF DEDICATION OF BRIDLE LANE
WHEREAS , the Town of Dryden Planning Board has approved
the subdivision plat for " The Country Trace " , and
WHEREAS , the road to be designated as " Bridle Lane " on
said map has been constructed according to Town
specifications and has been approved by the Town of Dryden
Highway Superintendent , and
WHEREAS , the developers have offered to dedicate said
road to the Town of Dryden as and for a town road , and
WHEREAS , the sufficiency of the title and instruments
conveying the same to the Town have been examined by the
Town Attorney and found to be in order ,
NOW , THEREFORE , BE IT RESOLVED by this Town Board that
the road shown on the " FIN_A_L_ PLAN_OF SUBDIVI_SIONFOR ' THE
COUNTRY TRACE ' - STAGE STAGE TWO " made by! George Schlecht and
dated July 18 , 1986 and last revised August 27 , 1987 and
which is incorporated herein by reference and a copy of
which is to be filed in the Tompkins County Clerk ' s Office ,
• be , and hereby is , accepted as a Town road and the same is
to be added to the official Town map , and the Town Highway
Superintendent is authorized to place the appropriate road
signs thereon and to take any and all steps necessary to
maintain said road as a Town road from this day forward to
be known as Bridle Lane .
This resolution and acceptance is specifically
conditioned and contingent upon the following :
1 . The developers pay all costs necessary in
connection with the filed and recording of the deed and
o ther necessary instruments including all abstract and
✓ elated costs .
2 . That until such time as the taxable status with
respect to said road is changed to reflect its use as a
road , the developers pay all real estate taxes assessed on
said road .
3 . That the developers warrant materials and
workmanship in the construction of said road for a period of
o ne ( 1 ) year from this acceptance .
2nd Clm Evans Roll call vote - Clm Evans Yes
Clm Webb Yes
Clm Garlock Yes
Supv Cotterill Yes
Clm Schlecht Abstained
•
9' 6
S upv Cotterill - received a complaint with people riding dirt bikes
and motorized vehicles along the abandoned railroad r - o - w south of
the Village of Dryden to Dryden Lake . There was some discussion and
t he Town Board decided to table their decision for the present time
RESOLUTION # 131 SEASONAL LIMITED USE HIGHWAYS
Clm Webb offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board accept the following list of
seasonal limited use highways from the Hwy Supt . The list is on
f ile with the Town Clerk .
I , Donald A . Gilbert , Town Highway Superintendent of the Town of
D ryden , hereby designate pursuant to Highway Law Section 205 - A , the
f ollowing highways as seasonal limited use highways :
1 . Red Man Run - entire
2 . Canaan Road - from Red Man Run to Star Stanton Hill Road
3 . Red Mill Road - from West Malloryville Rd south for 1000 '
4 . Hammond Hill Road - from Camp Fire camp south to Town of
Caroline line .
5 . Hile School Road - from Ed Hill Road west to within 500 ' of
Route 38
6 . Mineah Road - NYSE & G power lines south to within 300 ' of
Pleasant Hollow Road intersection
_ 7 . Yellow Barn Road - from Dusenberry Sports Club north to
• within 2500 ' of Foothill Road
8 . Signal Tower Road - entire
9 . Star Stanton Hill Road - from Route 38 west for 3000 '
10 . Beam Hill Road - from tax map # 50 - 1 - 44 north to within 200 '
of tax map # 50 - 1 - 18
2nd Cim Schlecht Roll call vote - all voting Yes
Financial report — given to Board members
J USTICE REPORT - $ 4 , 038 . 00 for the month of August
RESOLUTION # 132 AUDIT GENERAL FUND BILLS
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that the general fund bills be paid as audited .
2nd Clm Webb Roll call vote - all voting Yes
RESOLUTION # 133 AUDIT HIGHWAY FUND BILLS
Clm Garlock offered the following resolution and asked for its
•
adoption :
RESOLVED , that the highway fund bills be paid as audited .
2nd Cim Schlecht Roll call vote - all voting Yes
RESOLUTION # 134 AUDIT SPECIAL DISTRICT BILLS
Clm Webb offered the following resolution and asked for its
adoption :
RESOLVED , that the special district bills be paid as audited .
•
2nd Cim Evans Roll call vote - all voting Yes
92
RESOLUTION # 135 CONDUCT FURTHER WELL TESTING
Aik
- III Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize Atty Perkins to contact
D ryden Central School to renew option and to contact well driller
t o do further well drilling not to exceed $ 5 , 000 . 00
2nd Clm Evans Roll call vote - all voting Yes
RESOLUTION # 136 CLARIFY AND REAFFIRM MOBILE HOME ORDINANCE .
PROPOSED AMENDMENTS
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board schedule a public hearing on October
1 , 1987 at 7 : 00PM to clarify and reaffirm the Town of Dryden Mobile
H ome Ordinance .
2nd Clm Schlecht Roll call vote - all voting Yes
RESOLUTION # 137 MOBILE HOME PARK ORDINANCE AMENDMENTS
•
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board schedule a public hearing on October
1 , 1987 at 7 : 15PM on a proposed amendment to the Town of Dryden .
Mobile Home Park Ordinance .
2nd Clm Schlecht Roll call vote - all voting Yes
Adjourned : 9 : 30PM
ery
Susanne Lloyd
Town Clerk
•
/ V
S PECIAL MEETING
• PUBLIC HEARING
ZONING ORDINANCE AMENDMENTS
MOBILE HOME PARK ORDINANCE
O CTOBER 1 , 1987
S upv Cotterill called the meeting to order at 7 : 00PM
Present : Supv Cotterill , Clm Evans , Clm Garlock , Clm Schlecht ,
and Atty Perkins .
Absent : Clm Webb and Z . O . Slater
S upv Cotterill read the notices that were published in the
n ewspaper concerning the zoning ordinance amendments and mobile
h ome park ordinance .
Q UESTIONS AND / OR COMMENTS
S upv Cotterill - these public hearings are just for a clarification
o f what is already enforce in the Town of Dryden Ordinance and
Mobile Home Park Ordinance . There has been some question about
clarification and interpretation .
P hilip Simon - would like to have clarified the meaning municipal
water supply .
Atty Perkins - the intent is that it is a water supply either
o perated by the Town or a Town district .
P hilip Simon - with a Dept of Environmental Conservation , and the
Tompkins County Health Dept why doesn ' t the Town Board leave the
d ecision to the people that it has already been charged to . What
✓ ight does the Town have to make that decision when there are other
agencies doing that ?
Atty Perkins - the Town has the right to decide where certain uses
w ill be allowed . The decision of the Town Board has been that they
w ill allow mobile home parks in areas that are served by municipal
w ater and sewer . Municipal does not include privately owned or
maintained wells or sewer systems no matter who is supervising or
maintaining them .
- Philip Simon - what areas presently existing have municipal water
and sewer available ?
Atty Perkins - there are several districts with specified
boundaries which are available at the Town Clerk ' s Office during
business hours .
Philip Simon - according to the Federal government , as he
• understands it , we as citizens have the right to choose
manufactured housing over stick built housing and the Town Board
h as made the decision that we are unable anywhere in the Town of
D ryden place a manufactured home , other than mobile home parks ? He
w anted to know if this statement was correct .
P hilip Simon - what would be a unique or hardship in order for him
• to put a mobile home on a piece of land that he owned ?
Atty Perkins - that would be up to you to demonstrate .
P hilip Simon - would the hardship be that all of the mobile home
parks are full and he was unable to get a space be considered a
h ardship ?
Atty Perkins - is not on the ZBOA so he could not answer his
q uestion . It would' be a question as to whether or not there is a
u nique hardship with respect to a lot that it can ' t be used for any
o ther purpose .
P hilip Simon - so if it was not able to be used for any other
purpose than he could put a mobile home there ?
•
Atty Perkins - if you could show that there is no economic return
o r any other reasonable use with which that lot could be used for .
P hilip Simon - he is also a owner of a mobile home park in the Town
o f Dryden . The mobile home park presently has a public sewage
system and a public water supply . Is it the intent of the Town
B oard to eliminate any expansion in such a park ?
Atty Perkins - is it within a municipal district ?
• Philip Simon - no it is not , it is Country Acres near McLean .
Atty Perkins - you would need a variance .
P hilip Simon - it is the Town ' s intent to stop expansion of
e xisting mobile home parks , even though they are not on municipal
w ater and sewer ?
S upv Cotterill - it is the intent for them to get on municipal
w ater and sewer .
D wight Widger - wanted to know if you could put a mobile home on a
• lot with the intent to eventually build a stick build house . Would
t here be a limit that the mobile home could be there ?
Atty Perkins - you could apply for a variance and there would
probably be a time limit if the variance was to be granted .
77 " 2 - had a question that was indirectly connected but felt very
strongly that this . has something to do with why all of these
regulations are being pushed on everyone . Wanted to know if there
w as anyone on the Town Board involved with construction of new
h omes which may financially gain by the elimination of mobile homes
in the Town of Dryden ?
.' Supv Cotterill - it depends on what you mean by involved in
building . There is no one here making their living in building
h omes . Clm Evans , Clm Garlock and myself work for Cornell . Clm
Schlecht is an engineer and surveyor and Clm Webb did work for
Cornell , but is now retired .
S upv Cotterill - has built houses in 1970 and has not built a house
for sale since 1978 and has no intention of building any more .
/0-i)
Atty Perkins - no , this just restates and existing Town Ordinance .
• It is intended primarily to include or make clear the original
intent . The adopters of the ordinance was to include double wide
mobile homes within the definition and add this revised definition
of mobile homes . It is taken almost verbatim from the NYS Uniform
Fire Prevention Building Code . The rest of the definition is taken
f rom the proposed mobile home amendments , which the mobile home
committee worked on . It is designed to incorporate the same
d efinition for both purposes .
P hilip Simon - under purpose ( 2 ) mobile homes shall only be allowed
in mobile home parks which are established or extended pursuant to
t his Ordinance . Are you stating that mobile homes are not allowed
in the Town of Dryden except in parks ?
Atty Perkins - no .
P hilip Simon - than how can we place a mobile home in the Town of
D ryden , what provision is there ?
Atty Perkins - you can put it in a mobile home park , you can
replace an existing mobile home , or you can place it on an
individual lot with a variance . He wanted to know if the question
was with respect to manufactured homes or mobile homes ?
P hilip Simon - his understanding of manufactured homes , mobile
homes are included in the Federal charter . In fact the word mobile
h ome does not exist .
Atty Perkins - he is not familiar with that document . Factory
manufactured homes are determined by the State of New York and that
d oes not include mobile homes . A factory manufactured homes meets
t he same building code requirements as a single or double family
d welling . A mobile home is different and requires the HUD seal and
is under the jurisdiction of HUD and not the NYS Executive
D epartment .
D uane Huddleston - felt that there was discrimination between
mobile homes and manufactured homes .
Atty Perkins - there is no discrimination , there has to be a
d istinction between manufactured homes and mobile homes . They are
mutually exclusive terms . There was some discussion .
P hilip Simons - if he owned a parcel of land in the Town of
D ryden , and he asked the Zoning Board of Appeals for a permit to
put a mobile home on or if he went to the building inspector for a
permit would he be denied ?
Atty Perkins - the procedure would be to go to the zoning officer
first . If it would not be an allowed use , you would then go to the
Zoning Board of Appeals and ask for a use variance , at which time
Ilkyou would have to show hardship or the uniqueness of the situation
at the time of the variance .
•
• 10 /
Al,V
TOWN OF DRYDEN
NOTICE OF ADOPTION OF RESOLUTION
AMENDMENT TO TOWN OF DRYDEN ZONING ORDINANCE
P LEASE TAKE NOTICE as follows :
At a special meeting of the Town Board of the Town of
D ryden , Tompkins County , New York , held at the Town Hall , 65
East Main Street in Dryden , New York , in said Town , on
O ctober 1 , 1987 , the meeting was called to . order by
Supervisor Cotterill , and upon roll being called , there were
P RESENT : Clinton E . Cotterill , Supervisor
G eorge Schlecht , Town Councilman
Charles Evans , Town Councilman
K arl Garlock , Town Councilman
ABSENT : Merton Webb , Town Councilman
RESOLUTION NO . 139 _7_ 1987
Councilman Garlock offered the following resolution and
asked for its adoption :
The Town of Dryden Zoning Ordinance is amended as
follows :
1 . Section 751 ( 9 ) is hereby repealed .
2 . Section 801 ( 13 ) is hereby repealed .
3 . Section 802 ( 9 ) is hereby repealed .
4 . Section 1001 ( 6 ) is hereby repealed .
5 . Section 1203 of said ordinance is hereby amended
t o read as follows :
" Section 1203 . Uses Allowed by Special Permit .
Any use not specifically enumerated herein ( except
t hose in Section 1204 ) shall be allowed only upon
a Special Permit issued by the Town Board pursuant
t o Article XIII of the Ordinance . "
6 . Appendix A ( Definitions ) is hereby amended by
deleting the definition of MOBILE HOME found therein and
substituting the following definition :
" MOBILE HOME .
A structure , transportable in one or more sections and while
411 being transported is 8 body feet or more in width or 40 body
feet or more in length or , when installed on a lot , is at
least 320 square feet , and which is built on a permanent
0
chassis and designed to be used as a dwelling with or
• without a permanent foundation when connected to the
✓ equired utilities , and includes the plumbing , heating , air
conditioning and electrical systems contained therein . The
term shall include any structure which meets the size
✓ equirements herein set forth , and for which the
manufacturer has filed the certification required by the
U nited States Department of Housing and Urban Development
( HUD ) and which structure complies with the National
Manufactured Home Construction and Safety Standards . A
mobile home should not be confused with a travel trailer
which is towed by a motor vehicle and which can be operated
independently of utility connections and is limited in width
w hile being transported to 8 body feet , in length to 32 body
feet and is designed to be used principally as a temporary
dwelling and does not require a HUD seal . A mobile home
shall include a double wide mobile home . A mobile home is
identified as such by the existence of the seal required by
H UD . A mobile home should not be confused with a modular
home or a factory manufactured home which is manufactured
and certified according to the New York Uniform Fire
P revention and Building Code , Article 2 .
This amendment shall take effect after publication and
as provided by law .
Seconded : Councilman Schlecht
• The question of the adoption of the foregoing
✓ esolution was duly put to a vote on roll call , which
✓ esulted as follows :
Clinton E . Cotterill voting yes
George Schlecht voting yes
Karl Garlock voting yes
Charles Evans voting no
The resolution was thereupon declared duly adopted .
Susanne Lloyd
Town Clerk
/p / 0
TOWN OF DRYDEN
NOTICE OF ADOPTION OF AMENDMENT
TO TOWN OF DRYDEN MOBILE HOME PARK ORDINANCE
PLEASE TAKE NOTICE as follows :
At a special meeting of the Town Board of the Town of
Dryden , Tompkins County , New York , held at the Town Hall , 65
East Main Street , Dryden , New York , in said Town , on October
1 , 1987 , the meeting was called to order by Supervisor
Cotterill , and upon roll being called , there were :
PRESENT : Clinton E . Cotterill , Supervisor
George Schlecht , Town Councilman
Charles Evans , Town Councilman
K arl Garlock , Town Councilman
ABSENT : Merton Webb , Town Councilman
Councilman Garlock offered the following resolution and
asked for its adoption :
RESOLUTION NO . 140 - 1987
Councilman Garlock offered the following resolution and
asked for its adoption : .
S ection 2 of the Town of Dryden Mobile Home Park
Ordinance is hereby amended to read as follows :
-
" Section 2 . Purpose .
( 1 ) It is the purpose of this Ordinance to
• promote the health , safety , comfort , convenience
and the general welfare of the community and to
protect and preserve the 'property of the Town of
D ryden and its inhabitants by regulating mobile
homes and mobile home parks in the Town of Dryden ,
N ew York .
( 2 ) Mobile homes shall only blit allowed in mobile •
h ome parks which are established or extended
pursuant to this Ordinance . Mobile home parks may
o nly be established or extended in those areas of
t he Town of Dryden which are served by municipal
water and sewer services . "
• This amendment shall take effect after publication and
as provided by law .
Seconded : Councilman Schlecht
The question of the adoption of the foregoing
✓ esolution was duly put to a vote on roll call , which
✓ esulted as follows :
Clinton E . Cotterill voting yes
Karl Garlock voting yes
George Schlecht voting yes
Charles Evans voting yes .
The resolution was thereupon declared duly adopted .
S usanne Lloyd
Town Clerk
/ 63
Philip Simon - did not feel that this should be passed in its
411 present form with respect to the second amendment which responds to
mobile home parks and the placement of mobile homes either on
private land and / or in mobile home parks in that expansion . He has
no problem with the first amendment which describes a mobile home
although he thinks the first section eliminating the word mobile
h ome from the present zoning , that was already done , he would be
against that portion of that amendment also .
D wight Widger - wanted to know the official newspaper that the
legal ads are published in ?
S upv Cotterill - the Ithaca Journal is the official paper .
Closed public hearing
RESOLUTION # 138 ACCEPT BID 1960 BROCKWAY TRUCK
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Hwy Supt to accept the
bid of $ 856 . 00 for. one 1960 Brockway truck and to use the 1964
B rockway truck for. parts .
2nd Clm Schlecht Roll call vote - all voting Yes
There was some discussion regarding the request from the Village of
Dryden for the Town of Dryden to become the Lead Agency for the
S EQR process , for the application of the gravel pit owned by the
✓ illage of Dryden . Decision was tabled until the October board
meeting .
RESOLUTION # 139
Motion was made by Clm Garlock and seconded by Clm Schlecht
( original resolution inserted in minute book )
RESOLUTION # 140
Motion was made by Clm Garlock and seconded by Clm Schlecht
( original resolution inserted in minute book )
Adjourned : 8 : 45PM
Susanne Lloyd
Town Clerk
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