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HomeMy WebLinkAbout1988-03-08 r TOWN BOARD MEETING PUBLIC HEARING SITS PLAN REVIEW MARCH B . 1988 Minutes of Site Plan Review , Public Hearing and Board meeting held March 8th Supv Ootterill called the meeting to order at 7 ; OOPM and held the S ite Plan Review and Public Hearing simultaneously . Supv Ootterill read the notice that was published in the newspaper to consider the request of Thomas Wright , 5731 Searsburg Rd Trumansburg , NY for a special permit to establish a mobile home sales and display lot at or about 1818 Hanshaw Rd , Ithaca , NY ( Public Hearing notice ) . An application has been received from Mr Thomas Wright of 5731 S earsburg Rd Trumansburg , NY establish a mobile home sales and display business at 1818 Hanshaw Pd . The Dryden Town Board , acting in its capacity as Site plan Marten Board , will review this application at a regular board meeting . The application has been reviewed and found that the proposed activity . is a permitted on by special permit in the MA Tana . The SOON process has indicated the potential for a modest impact from visual and drainage considerations . If the project should be approved the following should be considered ; specific conditions regarding drainage , signage , screening of storage areas and other esthetic considerations . ( Site Plan Review ) Q UESTIONS AND / OR COMMENTS : All information has been received that was requested by T . T . Slater Item 14 . - at this time the only energy source is to install e 100 amp electrical service on a pole . Item 17 . - they intend to instett o ne Mercury Vapor light wired to a Photo Smith on the electrical pole . Item 19 . - at this time they have no plans for any landscaping other than seleeeding disturbed areas and trimming g rass. in front of office and around homes . It is their desire to present a clean and attractive model home display . Item R0 . - copy o f letter of authority from the County of Public Works granting approval for e curb out at this site immediately north of the e ntrance of Gold Sport Cycle . They intend at some future date to install water supply and septic system . Until such time they will be using the facilities at Gold Sport Cycle ( next door on the same parcel ) which Naoetd Lyon has agreed to in their lease . In the event that hours to no coincide , Mr . Lyon has agreed to supply no with e key to his establishment . N one of the display homes will be used as residential property . They hope to establish a retail housing outlet which would be of the highest caliber in professionalism . Their services will include retail home sales , homeowners ' insurance policies , .retail financing Ilkprograms from lending institutions and service to their customers . I 5 ep APPROVAL OF MINUTES : Motion was made by Clm Evans and seconded by Clm Hatfield that the minutes of the special meeting Dec 15th ; Aspecial meeting Jan 22nd ; special meeting Feb 2nd ; regular board meeting Feb 9th ; and special meeting Feb 16th be approved as submitted . CITIZEN PRIVILEGE OF THE FLOOR Margaret Joyce , 505 Lower Creek Rd - wanted to address the Town B oard in regard to the plan to replace a small culvert running u nder Lower Creek Rd with a 36 inch one creating a much greater amount of run off from the armory site onto her choice building lot g ranting it useless . A big financial loss to her a senior citizen o n a small fixed income . Her lawyer has informed her that New York S tate general services contacted him to reported that they are n egotiating with Cornell Univ to drain the water over their property via the abandoned road instead of her property . The Town o f Dryden was supposed to contact Cornell Univ and did not so g eneral services is doing it and she should hear from them in about a week and a half . S he is asking the Town of Dryden to delay any work on the culvert u ntil she hears from Cornell Univ or general services . This will save a great deal of time and expense digging up the road twice and d amaging her property . Her lawyer and Cornell Univ both have asked ° to be notified immediately if any work begins on the culvert . S upv Cotterill - did not see any problem with delaying work on the ® culvert , but the Town of Dryden did contact Cornell Univ . Hwy Supt G ilbert was told that they ( Cornell ) would not talk any further u nless they had the design and information and who would be liable . The Town Board discussed this with the Town Attorney and it was the B oard ' s decision that the Town will do nothing to change the w aterway . Catherine Brown - it has already been changed . S upv Cotterill - not by the Town , we have changed nothing . Catherine Brown - if there is installed a 36 inch culvert and d eeper than it is now , that changes things . S upv Cotterill - only that it allows water to be drained away from t he town road . It is the town ' s responsibility to maintain that ✓ oad . Margaret Joyce - has a letter from Hwy Supt Gilbert stating that as soon as weather permitted the town was going to install the 36 inch culvert . S upv Cotterill. - the Town will be more than willing to wait and will authorize Hwy Supt to do nothing and see what happens by our n ext board meeting . Catherine Brown - wanted to know why the Town Board and Town Attorney didn ' t take it up with the State on behalf of the property 23 Pr o wners there when they did make this mistake . We had to write letters , talk to the people in the army etc and the Town Board apparently took no interest in this at all . Supv CotterSll - the main reason is that the Town is required by law to do something if that is approved ( Site Plan Review ) , the d rainage has to be considered . In this case state law states that t he 'town has no jurisdiction . Catherine Brown W the state people have told them that the Town has been consulted on this whole project from the very beginning . Yet t hey have not been able to get any information from the Town . S upv Cotterill - the Town has not seen their drainage plans until after it was all built . Catherine Brown - she got a copy out of the Supv office dated 1985 Supv Cotterill - the Town has not had any hearing from the State and the Town has no jurisdiction over what they do . Catherine Brown - was told that they had consulted with the Town and that the Town had this information all the way along . S upv Cotterill - if anyone had it , St was the Hwy commissioner because he has had no conference with the State and has never t alked with the state man except when you two ladies were present . COUNTY REPRESENTATIVE Co Rep Tillapaugh 7 wanted to make sure that the Town was going to make their appointments to the County Landfill Advisory Committee There will be a meeting at 7 : 3OPM March 9th at the Tomp Co Bd of Rep office . The 2 appointments will have to be approved by the County Board . - - also reported on the question that was raised about on site work at DR7 at last months board meeting . There was no work that had been planned by Mr Hobbs with this company , and he does have a letter from Mr Mohbs in regard to that . The only communication t hat Mr Mcbbs had with this company was that he had seen an ad sometime in January advertising this company stating that they do consulting engineering work . After Mr Mobbs had requested information , he found out there was a local office . He has meet w ith them in this regard that the county does have several construction projects planned for the next several years . The procedure is that the County hires construction management e ngineers to oversee the construction and to look out for the Countys best interest and make sure the work is done properly . Mr H obbs is looking at various companies to do the construction management at DR7 , so there is no actual work being planned by this company . 3 ? Cim Schlecht - wanted to know if the County has decided on an up set price for the landfill ? ACo Rep Tillapaugh - has spoken with Scott Heyman and has not received any answer yet . Cim Schlecht - wanted to know if the County has been made aware of t he USGS aquifer map . Has this officially been brought to the County yet ? Co Rep Tillapaugh - he assumed that it has officially gone to the County , they had that map when they were selecting the sites . Clm Schlecht - questioned the new one since it shows an aquifer under the DR7 site . B etsy Clapp - they were at the county meeting when all of this came up , and this was one issue that was quickly discussed , and it was t he new map . However , it had not gone through all of the legal levels of documentation and approvals . If the map was out , due to t hat process not yet being in effect , that was the reason used for basically discounting the evidence . That map was at the last meeting held before the vote on landfills . That map was not only brought up , but was there for showing . She thought the map has been made official at this point , but it was not stamped official at t hat point , however the new map was at the meeting . Co Rep Tillapaugh - it may not be stamped official , but the County ; ID knows . S upv Cotterill - are you accepting it as the official map ? Co Rep Tillapaugh - he is sure that they will , but they can ' t accept it until they get word from the State . S upv Cotterill - if you are aware of this aquifer why is the committee going ahead with planning on doing something that would make it almost unusable . Co Rep Tillapaugh - this is part the consulting engineers will investigate when they get on the land site . Cim Evans - the reason that Landstrom was unacceptable was based on t he new map , yet it is no problem with the Dryden land site . Co Rep Tillapaugh - this is what he had brought up at the meetings . D EC could find DR7 acceptable but they could not accept Landstrom and this has been his argument right along , but this also is not the only reason that DEC will not accept Landstrom Clm Evans - this was the reason given that a principle aquifer was shown on the new map , the new map that wasn ' t acceptable to DR7 37 Co Rep Tillapaugh - on the new map for Landstrom it showed that there was not a primary aquifer it was shown on the old map . Betsy Clapp - from the old map , which they were not sure where it came from , it was questionable if there was a principle aquifer u nder Landstrom . Going on the assumption that this old map was correct even though they weren ' t quite sure who drew it , it was not g oing to be an acceptable site . The new map in turn finds no principle aquifer under Landstrom , but one under DR7 Co Rep Tillapaugh - the old map did show an aquifer DR7 . B etsy Clapp - she questioned the validity of the old map . Co Rep Tillapaugh - DEC still states that they still have to test to see if there is an aquifer under Landstrom if there is to be a landfill there . Co Rep Tillapaugh - reported on the request that was made for a f lashing yellow caution light for the school in McLean . Supv Cotterill - thought that since this being a county road and a school involved that they were going to take care of this . The town w as only asking to do something for the safety for the people . The Town received a letter from the County expecting the Town of Dryden t o accept all liability , pay all costs , light the place forever at t he Town of Dryden expense on a county road . He could not u nderstand why the Town of Dryden should be responsible for the safety of a county road at a public school . The County will go no f urther unless the Town accepts all liability , pay all costs , provide people to man the crossing . He felt that it was an o bligation between the County and the school and not the Town . Co Rep Tillapaugh - the County will pay the cost to install the light which is about $ 15 or $ 18 thousand dollars . The only other place this has been done is at the Northeast School and BOCES on W arren Rd . The Town of Ithaca agreed on their own that they would maintain the lights once they were installed . There was some discussion and the following was decided . S upv Cotterill will send a letter to the County and to the Dryden S chool Board stating the Town ' s position and that the county and school should work it out between themselves . RESOLUTION # 67 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board respond to the County stating that it is the Town of Dryden ' s feelings that this is a matter to be n egotiated between the County and the Dryden School Board and that t he two parties should get together and solve the problem . /n 2nd Clm Garlock Roll call vote - all voting Yes oVc) Send copy of resolution to County and Dryden School Board ® Karen Belden - wanted to know if the farmer from Lansing has been e xcluded from the testing for a landfill ? Co Rep Tillapaugh - there has not been any testing done yet . S teve Landau presented to the Town Board a petition signed by people from the Ellis Hollow area regarding zoning changes of a proposed RA zone . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Schlecht - reported on the progress of Dryden Lake recreation area . The Town and the Village have been working on an agreement f or mutual access along the old railroad bed . H e also has a proposal from Tom Niederkorn who has been working on t he plans . CORRESPONDENCE L etter regarding decision from Judge Ellison on the Welch property Town of Dryden vs ZBOA D og report L etter of resignation from RoseMarie Bobnick , Planning Board member ® Report from scoping session regarding landfill RESOLUTION # 68 ADOPT ORDER TO POST TOWN ROADS PERMANENT Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt an order permanently excluding any vehicle with a gross weight in access of S tons from the f ollowing roads . The roads have been so posted pursuant to Vehicle and Traffic Law 1600 Section 11 . E tna Road N eimi Road 2nd Clm Evans Roll call vote - all voting Yes RESOLUTION # 69 AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND SEMINAR Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Gilbert to attend seminar in April on employee safety and health in the work place . 2nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 70 APPOINT REPRESENTATIVE TO COUNTY PLANNING BOARD ® Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Barbara Caldwell as the Town o f Dryden representative to the County Planning Board . 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 71 APPOINT PLANNING BOARD MEMBER - 1991 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Ronald Roberts to the P lanning Board to replace RoseMarie Bobnick term to expire Dec 1991 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 72 APPOINT PLANNING BOARD MEMBER - 1993 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Kenneth Friedman to the P lanning Board to replace Julie Berry term to expire Dec 1993 2nd Clm Garlock Roll call vote - all. voting Yes RESOLUTION # 73 APPOINT LANDFILL ADVISORY COMMITTEE REPRESENTATIVES - Roger Lampila - Charles Evans Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Roger Lampila and Charles E vans to the Landfill Advisory Committee as the Town of Dryden representatives . 2nd Clm Hatfield Roll call vote - all voting Yes ® Clm Evans resigned from the Water Commission so he could be on the landfill advisory committee . S upv Cotterill accepted his resignation and he will replace Clm E vans on the Water Commission . ZONING OFFICER REPORT - given to Board members FINANCIAL REPORT _ given to Board members JUSTICE REPORT - $ 5962 . 00 There was some discussion regarding a new telephone system and was d ecided that the building committee will check into this . RESOLUTION # 74 TRANSFER FUNDS FROM CONTINGENCY TO LITIGATION Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 2000 . 00 from Contingency to landfill Litigation ( A1420 . 49 ) . 2nd Clm Schlecht Roll call vote - all voting Yes RESOLUTION # 75 TRANSFER FUNDS FUND BALANCE TO RESEARCH Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer I ; $ 20 , 000 . 00 from Fund Balance to Research ( A8030 . 40 ) . 2nd Clm Schlecht Roll call vote - all voting Yes 4V- if RESOLUTION # 76 NOTICE OF PUBLIC HEARING ® MOBILE HOME ORDINANCE TOWN OF DRYDEN PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will hold a public hearing on the Town of Dryden Mobile Home Ordinance . The proposed ordinance is as follows : III iu ® # — TOWN OF DRYDEN MOBILE HOME ORDINANCE ARTICLE 1 General SECTION 100 Title This ordinance shall be cited as the Town of Dryden Mobile Home Ordinance . 101 Purpose It is the purpose of this ordinance to promote the health , safety and general welfare of the inhabitants of the Town of Dryden , Tompkins County , New York by the regulation of site design for mobile home lots , and the establishment of site installation and occupancy standards for all mobile homes located on mobile home lots in the Town . This Ordinance does not apply to mobile homes in mobile home parks or to mobile home parks . 102 Definitions A . American Concrete Insstitute ( ACI ) The organization which • f publishes standards for concrete foundations and other concrete i structures . Such standards may be different from local building 4 code requirements , in which case , the more stringent requirements • will control . B . ANSI - I : TPA Standards - The standards and / or specification promulgated by the National Fire Protection Assocation and National Conference of States on Building Codes and Standards , Inc . , and w Qt published as ANSI A225 . 1 NFPA 501 A Manufactured Home Installations 1962 or it ' s most recent counterpart , however identified . 1 i t t i/ c- C . Commercially Manufactured i Installed Designed and intended for use with a mobile home and installed according to manufacturer ' s instructions and complying with all appropriate codes , laws , rules , regulations , ordinances , ' and local laws . D . Construction Permit - A permit issued by the Town authorizing the construction of a Mobile Home lot . E . Enforcement Officer - The person or persons , by whatever title designated by the Town Board , charged with the enforcement and inspections re ;tired under this ordinance . F . F ' _ ., ± Se - back _ _ ^e — A line mawking the minimum distance f t: from the center of the road right -of - way . ( Also see yards ) mG . H :• •Wc Roof EYEtems - designed and constructed of materials pe -mit nd in the construction of sincle family dwellings by the ;: e ..: c _ . :. . ` .• r : Fire Prevention and Building Cade . H . u = :: s ° E _ . ctn., - designed and constructed of materials parmitted in the construction of single family dwellings by the New 'York Uniform Fare Prevention and Building Code . r 91-k I . Installation Permit - A permit issued by the Town ® authorizing the installation of an individual mobile home . J . Mobile Home - A structure , transportable in one or more sections and while 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 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities , and includes the plumbing , heating , air conditioning and electrical systems contained therein . The term shall include any structure w hich meets the size requirements herein set forth , and for w hich the manufacturer has filed the certification required by the United States Department of Housing and Urban D evelopment and which structure complies with the National Manufactured Home Construction and Safety Standards . A Mobile home is identified as such by the existence of the seal required by the United States Department of Housing and U rban Development . A modular home is manufactured and certified according to the New York Uniform Fire Prevention and Building Code , Article 2 . Unless the context requires o therwise the term mobile home shall include a double wide mobile home but the term double wide mobile home shall not include a single wide mobile home . A double wide mobile home includes at least two such sections transported separately and designed and intended to be joined together it as a single dwelling unit when placed on a site . 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 . K . Mobile Home Lot - A parcel of land ( outside a mobile home park) for the placement of one mobile home for the exclusive use of the ® owners . All placements and structures shall be subject to set back requirements and lot area as specified in this ordinance , and in the Town of Dryden Zoning Ordinance , whichever is more restrictive . L . Mobile Home Stand - That part of a mobile home lot which has been constructed for the placement of the mobile home and accessory buildings or structures . A mobile home stand shall be constructed and consist of either : ( 1 ) ten ( 10 " ) inches of compacted gravel ; or ( 2 ) a concrete slab at least six ( 6 " ) inches thick and reinforced according to the standards of the American Concrete Institute ( AC1 ) ; or ( 3 ) six ( 6 " ) inches of compacted gravel with a reinforced concrete ® runner on each side of the stand to provide support , such a runner t o be a minimum of 2 ' wide , 4 inches thick and the length to extend t o within 2 ' of each end of the home body ; or ( 4 ) inasonary piers installed into the ground at least three feet below grade ; or ( 5 ) a stand as defined in ANSI - NFPA standards of installation of manufactured homes . ( 6 ) A mobile home stand shall not have an elevation exceeding 1 . 5 feet from the surrounding mean elevation and the site shall be sloped to provide drainage away from the stand . All stands shall be suitably graded to permit the rapid surface drainage of water . M . Mobile Home Support System - Installation instructions provided ® by the manufacturer of a mobile home , or if unavailable , designed by p a Registered Professional Engineer , Architect , or as set forth in NFPA - ANSI Standards . N . Occupancy Certificates - Written authorization from the E nforcement Officer to occupy a mobile home park lot or mobile home lot and the mobile home placed the :: eon . O . Parking Space - An off street space available for parking of one motor vehicle and which is an area at least nine ( 9 ) feet wide and t wenty ( 20 ) feet long , not including manuvering area and access drives . P . Permanent Residence - Residence for a period in excess of 60 days . �Q Q . Person - an individual , partnership , corporation or association . 0 1/2f • R . Professionally Designed and Built ( 1 ) Designed and built according to plans prepared and sealed by a ' licensed Professional Engineer or Architect ; or • ( 2 ) Designed and built according to plans so that upon completion the construction will be architecturally consistant with the design o f other buildings on said lot and be asthetically pleasing . S . Rear Setback Line - A line marking the minimum distance from the ✓ ear lot line ( Also see Yards ) . T . Road - Road means road , street , avenue , right-of - way or other public line marking the exterior boundary of the public ownership or ✓ ight - c { - way . ( Not to be confused with the traveled or maintained portion of a road . ) U . Secondary Additions - Expanded rooms , enclosed patios , or ® structural additions that are added to the mobile home on the mobile hone stand . ✓ . Side Setback Line - A line marking the minimum distance from the side lot lines . ( Also see Yards ) • Aft- if w . Single Ownership - Refers to any individual , partnership or corporation owning a parcel of land . X . Skirting ( manufactured ) - A new durable vinyl or aluminum product sold commercially and designed and intended as an enclosure for the space between the mobile home and mobile home stand . Y . Skirting Wall - Material of a weatherproof nature that is used to enclose the space between the mobile home and the mobile home stand . Skirting wall shall be masonry , or pressure treated lumber or other material that would be permitted by the New York State Uniform Fire Prevention and Building Code for enclosing a crawl space of a single family home with no cellar . The skirting wall shall be installed with its bottom edge below the frost line to eliminate any frost ® heave . Z . Stance - Refers to the placement of articles not in use . Tug . Starace TBui ldincs ( 1 ) Portable - a structure with less than 150 square feet of floor space , manufactured or sold in kit form , is easily movable on its own support system not requiring a permanent foundation and not requiring a bulding permit . ( 2 ) Permanent - a structure over 150 squre feet for which a building permit is required and which must comply with the New York Uniform Fire Prevention and Building Code and the Town of Dryden Zoning 1 Ordinance . 1 I i • OBB . Temporary Residence - Residence for a period of less than 60 days . CC . Yard - A yard is an open space other than a court on a lot , unoccupied and unobstructed from the ground upwards , except as otherwise permitted ( See illustration for location of front , side and rear yards . ) Side Yard Arta Building Area >9 a >Ns c i—� V / Side Yard Area fr t ` Set - back tine • Article 2 Inspection and Enforcement 201 A . No person shall occupy or . permit to be occuriec any mobile home ch C. . . y aI hile home lot without first complying with the provisions J1v . . J o f this oraibanre . E . All mobile homes in the Town of Dryden shall comply with all applicable laws , codes , rules and regulations , ordinances and lineal laws . 202 This ordinance shall be enforced by the Enforcement Officer , who is au4- 1'. " -" ' ° fn and has the right in the performance Of duties , to enter any i. .;.r. ile home or mobile home lot to make such inspections as are ins' : ersary to determine compliance with this ordinance or any other applicable laws , codes , rules and regulations , Ordinances and local laws . Such er: trance and inspection shall be accomplished at ✓ easonable times , or at any time in an emergency and whenever it is necessary to protect the public interest . Owners , agents , operators or occupants of a mobile home or mobile home lot shall be responsible for providing access within their control for the E :, : arcement Officer , in the furtherence of official duties . • /7-0K 203 Duties of Enforcement Officer It sha1l be the duty of the Enforcement Officer : A . TD make i, r: itial inspections for Occupancy Certificates for mobile homes placed on mobile home lots , and E . to rove '. mate all complaints made under this Ordinance , and C . to enforce this ordinance by inspection for compliance , and in the case, of violations to prosecute the responsile persons in a court of competent jurisdiction , : and to D . re7uest the Town Board to take appropriate legal action on all violations of this crdinance , and to provide such a plications tend forms as are necessary to implement the provisions of this ordinance . IP /6 th( )( ! 204 violations A . Upon determination by the Enforcement Officer that there has been a violation of any provision of this ordinance , notice of such viciati. ons may be given to the person responsible for obtaining or rE : raining the Construction / Installation Certificate for the mobile hcrr or mobile home lot in violation . Such notice shall be in wr _ tirc ar: d shall state the nature of the violation and the remedial actions necessary to correct it . The notice shall also specify the dates : •y which remedial action must be taken to correct such E . Tht Enforcement Officer may bring an appropriate legal proceeding to p•u sh the responsible person for such violation or in an ap p - ozri te case , and with the prior approval of the Town Board , a ® p•ro : eE, d1 ig to enjoin such violation . C . Whenever the Enforcement Officer determines that an emergency • xis Is which ch requires immediate action to protect the public health , safety or welfare , he may issue an order stating the existance of such ever ? ency and require that such action be taken as may be d eem • necessary to protect the public health , safety and welfare . 0 , / 1 r 0911 • 205 violations and Penalties A . 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 day ' s continued breach shall constitute a separate , additional violation . In addition the Town Board shall have such other remedies as are provided by law to enforce the provisions of this Ordinance . B . Occupancy / Installation Certificates may be invalidated for a conviction of a violation of this Ordinance if the violation has not been corrected . 206 Variances - When unnecessary hardships or practical difficulties make strict compliance with any requirement of this ordinance unreasonable or impossible , an appeal may be taken to the Town of Dryden Board of Appeals from those provisions of this Ordinance . The Zoning Board of Appeals shall act in strict compliance with established case law , the Town Law , and may vary or modify the provisions of this ordinance . only as minimally as may be necessary upon the required showings and facts as presented . 4 A i i 207 E ` . L ; t of Partial Invalidity - Should any section or provision of this ^ - finance be declared invalid for any reason whatsoever , such decis : vn shall not affect the remaining portions of this Ordinance 1 1.'1' lch Sha3 l remain in full force and effect . 20B int4_ r ; re ;. ation - The provisions of this Ordinance shall be held to be minimum requirements . Whenever the requirements of this Ordinance are at variance with the requirements of any other la .: fk} ] y adopted codes , rules , regulations , ordinances , or local law , the more restrictive , or those imposing the higher standards , shall prevail . 209 Existing Mobile Homes and Mobile Hone Lots - Mobile homes and mobile home lots lawfully placed in the Town of Dryden on the effective date of this Ordinance may be maintained in their existing placement unless tis ( a ) are moved , or ( i ) are . impro1.m83 ar restored after da..mars its iffmro -) emer. t or restoration affects 50 I or more of its total floor area . 210 Effective Date - This ordinance shall take effect and be in force from and immediately after it ' s passage , publication of Notice of Adoption and Posting as required by lax . IL ARTICLE 3 Mobile Home Lots ' 301 A , mobile homes lots may be located in any zone permitted in the Town of Dryden Zoning Ordinance as amended from time to time . • crlicatio 'ts for Installation Permits and Occupancy Certificates shall be filed with the Enforcement Officer . The application s1- all be in writing , signed by the applicant , and shall include but not be liritea to the following : , A . name and address of applicant E . Address and location of the land or premises on which the motUi ] e home is of is proposed to be located . C . Skctch drawing to scale of the mobile home lot showing the location or proposed location of the mobile home and any other structures , buildings or improvements to be placed on the lot , with dimensions and information to demonstrate compliance with the rrovi =_ zens_ of this ordinance . , y . _ .. 6e • D . Satisfactory evidence that the mobile home lot will have an ® approved individual water supply and individual sewage disposal system or is on municipal water and / or sewer . E . The Application and accompanying information shall be filed in duplicate with the Enforcement Officer . F . The application shall contain such other information as the Enforcement Officer deems reasonably necessary . to insure compliance with *this Ordinance . 303 If a proposed mobile home lot will , when constructed in accordance with plans submitted as part of the application , comply with the provisions of this Ordinance , the Enforcement Officer shall issue a Construction / Installation Permit . At such time as s construction is complete and a mobile home has been placed on said lot and if such construction and placement is in compliance with the provisions of this ordinance the Enforcement Officer shall issue an Occupancy Certificate . No mobile home or mobile home lot shall be occupied until an Occupancy Certificate has been issued . 4 a ' 1 941 204 NQ : ` ;- n - e $ shall be made to a mobile home lot or mobile home , which will .-Lake the mobile home lot or mobile home in violation of this Or : ce or any other applicable code , law , rule , regulation , • crdiha : .: e or local law . • 305 AU m ^bile Mores hereafter placed on any mobile home lot shall i conform to and comply with all applicable mobile home construction re :; ui = eme nts in effect as of the date of manufacture of the mobile home . P • I-- S 5 I I I. 306 Lot Size - All mobile home lots ( not in a mobile home park) shall be f at least one acre in size and have a minimum usable area such that a circle with 150 ' diameter may be inscribed within the usable • area . • 307 Yards - mobile homes and mobile home stands shall not be installed closer than 70 feet from the centerline of any road , and no closer than 25 feet from any rear property line and no closer than 15 feet from any side lot line . Secondary additions , 'carports and individual storage structures shall be subject to the same set bark • recuirements . 308 • Each mobile home lot and mobile home park lot shall be provided iith a mobile home stand and mobile home support system constructed aceprdirrg to the provisions of this ordinance . Mobile homes shat ) - be installed can the mobile home stand and mobile home support system r Ilk according to the provisions of this ' ordinance . • / 7 • . 303 Single wide mobile homes shall be enclosed with . manufactured skirting or a skirting wall within 60 days of placement of the r mobile home on the mobile hie lot . Doublewide mobile homes on mobile home lots shall be enclosed with a skirting wall within 60 days of placement of the mobile home on the mobile home lot . 310 Portable storage buildings shall be a manufactured or kit type or be professionally designed and built . Permanent storage buildings require a building permit and must meet the setwback requirements outlined in this Ordinance , 311 Cartorts or Awnings - Attached or free standing carports and awnings must be commercially manufactured and installed or be professionally designed and built . [ ! 312 Steps and Decks - Steps and decks must be either commercially manufactured and installed or be professionally designed and built . 313 Solid Fuel Installations All solid fuel installations must he approved by the agency having jurisdiction therof and the owner of the mobile home. shall apply for and obtain all required approvals . • • • S i . 11 r • . . . 314 . Secondary Additions to mobile homes mat be either commercially manufactured and installed as if professionally designed and built . I For all secondary additions exterior design and construction shall be compatible with the existing home exterior sheathing and roofing treatment . 315 For each mobile home on a mobile home lot one ( 1 ) parking space shall be provided . SUCK space and the required access driveway • shall be the same as required for a single family dwelling by the Town of Dryden Zoning Ordinance. . • 316 No outdoor storage of furniture , operable. or inoperable machinery , apptianr: es , • unlicensed or inoperable vehicles or trailers or similar items shall be permitted . dCI All such items shall be stored in • approved storage buildings or inside enclosed carports . • • • • • • • MEM -I 7 • • 317 each mobile home "stand Shall be connected to s septic System ritich will be used exclusively for that mobile home located on said stand . 311 r Every mobile home lot and mobile home stand shall comply with the Electrical Code of the Town of Dryden (Local 7.71i No 3 of the !Mat 1981 ) and all the requirements of the public utility furnishing electricity to the site . All fuel supply and storage systems shall be installed and maintained in accordance with all applicable codes , Iaws , rules and regulations ordinalices and local laws governing such systems . • 410 5 - . y . f • • t I . • • o ® 319 Mobile home stands with natural gas shall have an approved manual shut off valve . The gas outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in • use . All natural gas supply systems shall be installed and maintained in conformity with the public utility company standards . 320 A . Mobile homes provided with liquified petroleum gas systems shall have approved safety devices to relieve excessive pressure and shall discharge at a safe location . B . Such systems shall have at least one accessible approved manual shut off valve located outside of the mobile home . C . All piping shall be well supported and protected against mechanical injury . D . Storage tanks shall not be less than it 100 lbs . and be located not less than five ( 5 ) ft . away from any exit . 1 A if • • a ® 321 A . Mobile homes with fuel oil storage tanks shall have the tanks securely supported and fastened in place . I B . Tanks shall be equipped with permanently installed and secured piping . C . Tanks shall be at least 275 gallons capacity . D . Fuel oil storage tank installations shall be screened from public view . ® Single wide and double wide mobile homes placed i.n_an_RB—L_and @D zones a ' Th- do le—~side mobile homes placed in RC zones shall have ,a house roof system and a house—s-iding sy_stem . .� All mobile homes placed on mobile home lots after the enactment of this ordinance , shall be a minimum of 672 square feet . ( i . e . 12 • ® body feet wide by 56 body feet long ) . 323 Responsibility of Mobile Home Lot Occupants A . Occupants of mobile homes shall comply with the requirements of this Ordinance and shall maintain the mobile home lot , facilities • and equipment in good repair and in a clean and sanitary condition . B . Sufficient garbage containers with tight fitting covers shall be utilized for the storage and disposal of garbage and rubbish . Containers shall be screened from public view . G- t . This ordinance shall take effect after publication and as provided by law . The public hearing on the proposed amendment will be held at 7 : 30 p . m . prevailing time at the Dryden High School , Room C - 13 , Dryden , New York , on March 29 , 1988 , at which time interested parties will be heard . Copies of the proposed amendment is available at the office of the Town Clerk . .- REOLUTTON # 77 NOTICE OF PUBLIC HEARING dim ZONING ORDINANCE AMENDMENTS TOWN OF DRYDEN PLEASE TAKE NOTICE that the Town Board of the Town of 17ryden will hold a public hearing on proposed amendments to the Town of Dryden Zoning Ordinance . The proposed amendments are as follows : yr yie /s 1 . Subsections ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) and ( 7 ) of Section 701 are hereby repealed . 2 . A new Subsection ( 1 ) to Section 701 is hereby established and ordained as follows : " Section 701 ( 1 ) . One - family and Two - family dwellings . " 3 . A new Subsection ,; ( 2 ) to Section 701 is hereby f established and ordained as follows : " Farming , farm buildings , gardening , nurseries , greenhouses and the raising of livestock and poultry . " 4 . Subsections ( 5 ) , ( 6 ) , ( 8 ) and ( 9 ) of Section 701 are hereby renumbered respectively ( 3 ) , ( 4 ) , ( 5 ) , and ( 6 ) . 5 . A new Section 705 to Article VII : DISTRICT REGULATIONS R - B ZONES is hereby established and ordained as ® follows : " Section 705 . Uses allowed by Special Permit ( Subject to the applicable provisions of Article XIII ) 1 . Home occupation of a professional or service nature when such activity is located entirely upon a residential lot and operated by the person living in said residence . Such person may employ not more than two employees for such home occupation . " 6 . Subsections ( 2 ) and ( 8 ) of Section 751 are hereby repealed . 7 . A new Subsection ( 2 ) to Section 751 is hereby established and ordained as follows : " Section 751 ( 2 ) . One - family and Two - family dwellings . " 8 . Section 752 is hereby amended by numbering the first paragraph ( 1 ) and by adding a new subsection ( 2 ) established and ordained as follows : " Section 752 . ( 2 ) Home occupation of a professional or service nature when such activity is located entirely upon a residential lot and operated by the person living in such residence . Such person may employ not more than two employees for such home occupation . " la - . 9 . Subsections ( 5 ) and ( 7 ) of Section 801 are hereby ✓ epealed . ® 10 . A new Subsection ( 5 ) of Section 801 is . hereby e stablished and ordained as follows : " Section 801 ( 5 ) Clubs , playgrounds , parks , golf courses and recreation areas . 11 . Subsections ( 8 ) , ( 9 ) , ( 10 ) , ( 11 ) and ( 12 ) of Section 801 are hereby renumbered respectively ( 7 ) , ( 8 ) , ( 9 ) , ( 10 ) and ( 11 ) . . 12 . A new Subsection ( 12 ) of Section 801 is hereby e stablished and ordained as follows : " Section 801 ( 12 ) Mobile homes on individual lots . " 13 . A new Subsection ( 13 ) of Section 801 is hereby established and ordained as follows : " Section 801 ( 13 ) Banks or similar financial institutions . 14 . A ' new Subsection ( 9 ) to Section 802 is hereby • e stablished and ordained as follows : ® " Section 802 ( 9 ) Mobile home parks provided they are served by both municipal water and municipal sewer . " 15 . A new Subsection ( 10 ) to Section 802 is hereby e stablished and ordained as follows : " Section 802 ( 10 ) Boarding house , Tourist homes and Bed and Breakfast establishments . 16 . ARTICLE X : DISTRICT REGULATIONS : C - A ZONES ( Sections 1000 , 1001 , 1002 , 1003 , 1004 and 1005 ) is hereby ✓ epealed . a 17 . ARTICLE XI : DISTRICT REGULATIONS : C - B ZONES ( Sections 1100 , 1101 , 1102 , 1103 , 1104 and 1105 ) is hereby ✓ epealed . 18 . Section 400 of ARTICLE IV - ZONE DISTRICTS is hereby amended by deleting any reference to " C - A Zones : Local Commercial " and " C - B Zones : Heavy Commercial " . 19 . Section 1304 is hereby repealed . ® 20 . A new Article X entitled " Mobile Homes " is hereby e stablished and ordained as follows : 1 " Article X : MOBILE HOMES l Section 1000 . The intent and purpose of this article is to establish and identify specific areas where mobile homes may be placed on individual lots and to e stablish the condit .ions . and criteria for the replacement of existing mobile homes . Section 1001 . No mobile homes used for a dwelling may be placed , sited , parked , established or allowed to ✓ emain any place in the Town of Dryden unless it complies w ith this Article and with the provisions of the Town of D ryden Mobile Home Ordinance . Section 1002 . 1 . Mobile homes shall be an allowed use in the RC Zone . All new placements and all replacements shall be installed . with a house roof system and house siding system as defined in the Town of Dryden Mobile H ome Ordinance . c . 2 . Double wide mobile homes shall be an allowed use in the RB - 1 Zone . 3 . An existing mobile home in a RB Zone may be replaced with only a double wide mobile home . S uch replacement shall be installed with a house roof system and house siding system as defined in the Town of Dryden Mobile Home Ordinance . 4 . An existing mobile home in any o ther zone may be replaced with a mobile home of the same size or larger . Such replacement shall be installed with a house roof system and house siding system as defined in the Town of Dryden Mobile Home Ordinance . j 21 . Article XXII : PLANNED UNIT DEVELOPMENT DISTRICTS �^ ( Sections 2200 , 2201 , 2202 , 2203 , 2204 , 2205 , 2206 , 2207 , 2208 , 2209 , 2210 and 2211 ) is hereby repealed . 22 . A new Article XXII entitled " Planned Unit D evelopment Districts " is hereby established and ordained as follows : ARTICLE XXII : PLANNED UNIT DEVELOPMENT DISTRICTS 411 Section 2200 . Intent and Purpose . The intent and purpose of the Planned unit Development Districts ( herein PUD ) is to permit establishment of areas under unified sponsorship and control , in which areas diverse uses may be brought together . as a compatible and unified plan of development which shall be in the interest of the public . The creation of planned u nit development districts and regulation of land and buildings within such districts shall be consistent with the comprehensive plan and the general intent of the zoning o rdinance and shall be designed to encourage innovation in land development , variety in type , design and layout of buildings and uses , and conservation of open space , so that resulting economies and benefits may inure to the public . S ection 2201 . Categories and location of Planned Unit D evelopment Districts . There shall be three Planned Unit D evelopment Districts as follows : A . Residential ( 5 acre minimum ) . B . Business and Commercial ( 35 acre minimum ) . C . Industrial ( 75 acre minimum ) . The Residential PUD District may be located in any zone d istrict except M- A Zones . The Business and Commercial PUD D istricts may be located in any zone district except R - B Zones . The Industrial PUD Districts may be located in any ® zone district except R - B Zones . ® Section 2202 . Area and Density Requirements . 1 . All Planned Unit Development Districts shall be of a minimum size as set forth in Section 2201 . 2 . In Residential PUD Districts , the total number of dwelling units shall not exceed the number of units which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements o f the Town of Dryden Zoning Ordinance applicable to the respective zones . 3 . A minimum of 30 % of the gross district area in all districts must remain open and free from buildings and structures , streets , driveways or parking areas . Section 2203 . Allowed Uses . 1 . Planned Unit Development District : Residential . A minimum of 60 % of the use shall be residential . Open areas , ✓ ecreational areas and residential accessory uses shall be included in computation of such percentage of use . a . One - family and two - familiy dwellings b . Multiple family dwelling c . Professional residence office • Via- d . Religious institution e . School f . Community Center g . Membership clubhouse h . Public outdoor recreation i . Parking j • Personal service k . Retail stores which are of a neighborhood or local service nature 1 . Business offices m . Accessory uses 2 . Planned Unit Development Districts : Business and Commercial • • a . Retail stores b . Business offices c . Hotels , Motels d . Residential uses e . Religious institutions f . Community centers g . Indoor recreation h . Personal services i . Enclosed accessory uses j . Parking % k . Mobile homes and mobile home parks . 1 . All uses allowed in a Residential Planned Unit Development District . 3 . Planned United Development Districts : Industrial . a . Enclosed manufacturing industries b . Machinery and equipment sales c . Enclosed warehouse d . Enclosed wholesale uses e . Public utilties f . Gasoline station g . Enclosed service and repair h . Trucking and freight terminal i . Enclosed industrial processes and services j . Public garages k . Enclosed accessory uses 1 . Parking m . All uses allowed in a Residential and Business and Commerical Planned Unit Develop - ment District . S ection 2204 . Initiation of the PUD Proposal . 1 An applicant for a PUD District must submit a written PUD • D istrict Proposal to the Planning Board , which must include : ( a ) A sketch development plan showing existing and proposed development and the approximate location of proposed facilities and activities , existing topographic characteristics , approximate . location of streets and e asements , and existing development immediately adjacent to the proposed PUD . ( b ) A written explanation of the character and purpose of the PUD including the type and density of any housing proposed , how water and sewage systems are to be constructed o r connected to existing systems . and the expected timetable for development . ( c ) A long form Environmental Assessment Form . [ The P lanning Board may require an Environmental Impact Statement ( EIS ) . ] ( d ) • A request to rezone the specific site to a PUD D istrict in accordance with this Article and the procedure for the Zoning Ordinance Amendments in general ( See Section 2206 ) . ( e ) A description of the site boundary suitable for inclusion on the Zoning Map . ( f ) An outline of the contents of the PUD District ✓ egulations requested . The Planning Board may request the applicant to provide additional information and attend additional meetings to confer about the proposal . The Planning Board shall review applications , materials and information presented in the applicant ' s PUD proposal , and may , at its discretion , hold advertised public hearings to receive further information on the proposal . S ection 2205 . Planning Board Action on Planned Unit D evelopment Proposal . Within 90 days of receipt of a complete PUD proposal the Planning Board shall forward to the Town Board the following : ( a ) A written report of the Planning Board ' s e valuation of the proposal , including its recommendation on what action the Town Board should take . ( b ) If the Planning Board approves in concept the PUD - a proposed draft amendment to the Town Zoning Ordinance which would establish the PUD , proposed revisions to the zoning map to show the PUD District , and establish the ® regulations governing the development . The proposed draft amendment to the zoning regulations must , as a minimum , cover the following points : ( 1 ) Facilities and activities to be allowed : mix , ; magnitude , and location ; . ( 2 ) Minimum lot area and frontage ( if the PUD is to be divided into separate ownership parcels ) ; ( 3 ) Minimum yard depth , including spacing between facilities ; and ( 4 ) Maximum dimensions of buildings , facilities o r other structures or uses . The regulations in Article V , XIV , XV , Section 1605 , Article XVII , XVIII and XXI apply in the PUD District unless specifically exempted . Regulations imposed on ' a PUD district may also include provisions which are not found elsewhere in these zoning regulations but which are legitimate exercises o f the zoning power under Article XVI . Section 2206 . Planned Unit Development - Zoning Ordinance Amendment Procedure . An amendment to the Zoning Ordinance by the Town Board to provide for a PUD District is subject to the same procedural requirements as any other amendment , including a public hearing . S ection 2207 . Site Plan Review of Newly Established P lanned Unit Development . After amendment of the Zoning Ordinance to establish - the PUD D istrict specific facilities and /or activities plans set forth in the PUD amendment to the Zoning Ordinance are considered allowed uses with Site Plan Review . ( See provisions of Article XXIII - Site Plan Review Board . ) S ection 2208 . Intergration of Procedure with Subdivision Regulations . . If the proposed PUD includes the subdivision of lands as defined in the Town of Dryden Subdivision Ordinance , Rules o r Regulations , then the applicant shall comply with the same and as so much as possible integate those procedures and the requirements of the same with the procedures set forth herein . No subdivision of lands shall be made in a P UD District after it has been approved without complying w ith the Town of Dryden Subdivision Ordinance , Rules and Regulations . Section 2209 . Review of Completion of Planned Unit D evelopment . If within one ear after approval pproval substantial progress in implementing the PUD has not been made by the developer , the �• Town Board may amend the Zoning Ordinance to delete the PUD District . 1 • 23 . The first sentence of Section 401 is hereby amended to read as follows : • " All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled ' Town of Dryden Zoning Map ' originally prepared by Egner & Neiderkorn Assoc . , Inc . and last revised 1 - 28 - 88 . " These amendments shall take effect after publication and as provided by law . The public hearing on the proposed amendment will be held at 7 : 30 p . m . prevailing time at the Dryden High School , Room C - 13 , Dryden , New York , on March 29 , 1988 , at which time interested parties will be heard . Copies of the proposed amendments are available at the office of the Town Clerk . • • I I I i 11 I l V w44? RESOLUTION # 76 - 1988 TOWN OF DRYDEN MOBILE HOME ORDINANCE Clm Garlock offered the following resolution and asked for its adoption : 2nd Clm Evans Roll call vote - all voting Yes ( original inserted in minute book ) RESOLUTION # 77 - 1988 TOWN OF DRYDEN ZONING ORDINANCE AMENDMENTS Clm Garlock offered the following resolution and asked for its adoption : 2nd Clm Evans Roll call vote - all voting Yes ( original inserted in minute book S upv Cotterill - scheduled a public hearing for the proposed zoning amendments and mobile home ordinance on March 29th to be at the D ryden High School room C13 at 7 : 30PM RESOLUTION # 78 AUDIT GENERAL FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . $ 46 , 081 . 28 ® 2nd Clm Evans Roll call vote - all voting Yes RESOLUTION # 79 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 . $ 42 , 862 . 62 2nd Clm Hatfield Roll call vote - all voting Yes N EW BUSINESS L etter of resignation from Supv Cotterill effective March 31 , 1988 S chedule special meeting at 12 : 00 noon on April 4th E xecutive session Adjourned : 9 : 30PM Susanne Lloyd Town Clerk