HomeMy WebLinkAbout1989-06-27 •
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TOWN BOARD MEETING
JUNE 27 , 1989
S upv Schug called the meeting to order at 6 : 00PM
® Supv Schug - all property owners have been notified to either fix
them or tear them down because they are unsafe structures .
PUBLIC HEARING # 1
DANGEROUS & UNSAFE BUILDING
TAX MAP # 26 - 1 - 9 . 62 Gerald Sherman
G erald Sherman - he is concerned with his property and he has
started to pull the barn down . He has been limited in time and
h as had health problems . They have been working on it and is a
slow process . He is looking for a tractor with a bucket loader to
d o more with it . He did try to get the fire department to burn it
f or practice but the electric wires are to close . He has had some
fill drawn in from the state and hopes to get more . He is willing
to work with the Town Board . He feels that the intersection of
S imms Hill Rd , Livermore Rd and Dutcher Rd is more of a hazard
than his building . There is a sign there but felt that maybe the
Town Board could contact their Congressmen to get this
intersection looked at .
S upv Schug - wanted to know if he could give the Town Board a
progress report within 60 days .
Mr Sherman - could see no problem with that time .
® PUBLIC HEARING # ^c
DANGEROUS AND UNSAFE BUILDING
TAX MAP # 57 - 1 - 38 Thomas Keane
Mr Keane - he would like to get the property cleaned up , but he
has had health problems . He would not be able to get it cleaned
u p within 60 days . He would like to replace it with a shop and a
garage . You can ' t get on the property right now because it is to
w et . The only help he has is his son and his time is limited
since he is a truck driver . They will get at is as soon as they
can .
Clw Walbridge - wanted to know what the time frame would be .
Mr Keane - it depends on when he can get some help to get the
t imbers cleaned out and depends on the weather . If the Town Board
w ants a deadline than make it December 1st . Otherwise the fire
d epartment can burn it for practice .
6 -27-09 page a
PUBLIC HEARING 03
DANGEROUS & UNSAFE BUILDINGS
It I TAX MAP 037 - 1 -24
Mr Romeo - they have contacted the fire department and will do it
for practice . He will let the Town Board know what is going on .
PUBLIC HEARING 04
D ANGEROUS & UNSAFE BUILDINGS
TAX MAP # 59 - 1 -39 . 8
' Mr . Benedict Anderson was not present for the hearing .
PUBLIC HEARING 05
D ANGEROUS & UNSAFE BUILDINGS
TAX MAP 059 - 1 -36 . 1
P atricia Ensmenger - the property is involved in a divorce
agreement and nothing has been decided yet . Her husband lives in
✓ irginia and she is a full time student and has 3 small children
so she is financially tied to get it done privately . She would
like to get an estimate from the Town to see how much it would
cost to pet it in compliance with the zoning .
Supv Schug a the Town will get an estimate and let her know what
the cost would be .
PUBLIC HEARING
ZONING ORDINANCE AMENDMENTS
JUNE 27 , 1989
S upv Schug - read the notice that was published in the newspaper
( copy in minute book )
O UESTIUNS AND / OR COMMENTS
S tu Berg , 9S Hickory Circle - ' thought it would be helpful to
describe the difference between RC zone and RB zone .
CIm Garlock - RC zone is the least restrictive of any of the
zones . RB zone is the most restrictive . If there are any specific
questions he will try and answer them .
Atty Henry Theisen - representing Mr Clark the owner of the
property that is situated in the zone that is supposed to be
rezoned . Mr Clark is selling his property to Mr Hutchens who
plans to develop it . Mr Hutchens has filed application with this
board which is to get the necessary permits . This application to
rezone the property will include this development property . The
property Mr Hutchens is in the process of purchasing for
d evelopment is the it acres on Mt pleasant Rd . This does not
include the property in back ,
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO
• TOWN OF DRYDEN LOCAL LAW NO . 2 OF THE YEAR 1989 ( A Local Law
Establishing the Sewer Rent Law for Dryden Sewer District
# 2 )
LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the
Town of Dryden will hold a public hearing at the Varna
Community Center , 943 Dryden Road , Ithaca , New York , in the
Town of Dryden , New York , on the 27th day of June , 1989 , at
6 : 30 o ' clock p . m . prevailing time , to ' hear all interested
parties and citizens for or against the proposed amendment
to such Local Law . The proposed amendment requires payment
of sewer bills without penalty within 20 days of billing and
imposes a 10 % penalty of the amount due for payments
received after 20 days of billing .
TOWN BOARD OF THE TOWN OF DRYDEN
byC_dlbCL�=_`� � ��'`� l
Town Clerk J
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(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given at amended . Do not Include matter being
eUmirwted and do not use italics or underlining to indicate new matter.
Town »...»lit yden ....... .. ..»......» m..».. m.. ..... ..»..........».............._......_ .m
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Local Law 1Vo. m ..m.».. ..»m . . m.»___ of the year 19 89 ...
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A local law ajpendin Local . LawrNo :. 2 of, the year 198 -.. Establishing , the Sewer
t f 4 9
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Rent Law for Dryden Sewer Dsitrict 0` 2
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• Be It eaeeted by the _. Town Board
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Town of .».mm.mA.T.Jtilt:►�.... ••••••• ......» .» .» . ..�_ .. ..». ._.» »..m .._... . .._...» .». ». .....».._ as follows:
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Mir additional space is needed , please attach sheets of the same size as this and number each)T1
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. . . ` 1'. .Local ` Law No . ' 2 of the year 1989 ( A Local Law
® __ establishing the Sewer Rent Law for Dryden Sewer District
# 2 ) and filed by the Secretary of State on May 26 , 1989 is
hereby amended as follows :
A . Section 4 ( 1 ) is hereby amended to read as follows :
( 1 ) Payment of the sewer rents shall be made
within 20 days of billing without penalty .
B . Section 4 ( 2 ) is hereby amended to read as follows :
( 2 ) Any payment received after 20 days of
billing shall include a 108 penalty of the amount due .
2 . This Local Law shall take effect upon filing with the
Secretary of State and the compliance with the provisions of
the Hew York General Municipal Law .
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(Complete the certification in the paragraphwhich applies to the filing4uf this local law and strike out the
matter therein which is not applicable. )
® .y
I (Final adoption by local legislative body only . )
I hereby certify that the local law annexed hereto. designated as local law No. 3 of 19$9
CO011ND •t
of the of Dryden was duly passed by the Town Board
Town INe.oe ul lwe(el.ti. . Uod , t
lattjtga
on June 27 19 89 in accordance with the applicable provisions of low.
. ( Passage by local legislative body with approval or ao disapproval by Elective Chief Executive Officer
or repoaaage after disapproval. )
1 hereby certify that the local low annexed hereto, designated as local law No, of l
County
of the •I ttyn ' of was duly passed by the
.... .......... . . .. . ..
( N .tn. of Letieletiv • nod, )
Vil e
not disapproved'
nn .19.... .... and was approved by the
repassed after disapproval Elective Ch' I £ucutie• (piker *
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and was deemed du adopted on 19 , in accord,, .c with the applicable
provisions of law.
3 . ( Final adoption by referendu. )
I hereby certify that the al law annexed hereto, designated a : ocal law No. 'of 19
County
of the Town - : s duly passed by the
town • ( N •n.e el t-eeleletl. • bad , )
Village
n . pproved
on 19.. . .. . and wa : approved disa by the
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repassed after - isapproval E1 .cUr• Chiel t4eeewl . e Calker
nn 19 • Su I • cal law was submitted to the people by reason of a
mandatory re ferendum , and received the effirmat ' e • te of a majority of the qualified electors voting
permissive
• general
thereon at the special election held on ........ . . . 19 , in accordance with the epistle
annual
cable provisions of law.
4 . (Sublect to permissive referond ; and final adoption because . valid petition filed requesting
referendum. )
I hereby certify that t • local law annexed hereto, designated as lac : 1 law No . of 19
• County . a-
of the
City
n of was duly passed by the an
IN .m• of Leri • the 11o41
Village not disapproved
19 and was approved by die • on
repassed after disapproval Elective Chief Cwive fluke( •
19 Such local law being subject to n permissive refer tdum and no
valid pet ' on requesting such referendum having been filed, said local law was deenled July • . opted on
19 , in accordance with the applicable provisions of law .
•® •Eketivt Otkf Executive Officer meant or includes the chief executive officer of a county elected on a county-wide bath
or, U than be noon, the clubman of the county kgtldattve body , the mayor of a city os dilage or the apaviwr of • Iowa,
whoa sack officals vested with power to approve or wits local laws in ordinance.
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(City local mew conversing Charter revision proposed by petition.)
hereby_certi certify that the local low a n naiad hereto, des i git o ted as l oc o t low Na{
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.l .:1 or the City • . . , . having been submitted to relerendu • . mace [ to the
provisiona .of 6 37 . . ` ff , Municipal iloittt Rule Law , eitd l aving received the offs 1• • ve vote eta majority
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of the qualified eIeciors of such - voting thereon at the spaoiol Lon held on -{ •.
uu• r•irulr• • u HNkN -y •
1 v .- F:J V k•#d' I 4]• . :L.. wf gfner
..-.1..:, 19 •. become operative, r •
I . t} { (County local lay cunrerning adoption of Cli '
Al' . 'i ? T)d ,V '1 _
• . L hereby •cbr "lify that the I • law annexed hereto. designs • { s 11.0001, LPN No , • or 19 :'.x : . . of the
County or i -. '` r • SLaLa or New York. having bee . binitted to the : EIectoa; at the
General Election of ti • n bet? .; • . • :::; I 9, 7 purstiani to subdivisions '5 Bil + r Section 33 or the Iiind-
ctptil Horne Ft • : wood haying received the affirmative vote of a majority of die . I Wed electors of the
cities a s ,.. • county • as a unit end. of a majority of the qualified electors or the lawn . • said County
c . 1 . ' . eted es a unit voting at. said general election , became operative.
• . (lf any other authorized • Form ci • final adoption hes ` b'een fottow d+ plaat� e provide an ° Piauir Ise. .
1 � 1L''. : 1 `' - 0 1 i • ,3 7 Y . • 1 , . r ' it , ' ;YGy '
Mr 4efelFluatton , L:' lid s r i:> L n ' .
L�'M . .� .� , r,l e. ! v 1 . s z • L , • . .r
# further certify , that I have coniparad the'prceding local low with the original on file in this office
l
.. and that the sane La a .correct transcript` thernfrom ' sod d the whole or Such original local Law , and was
finally adapted In the manner indicated In paragraph . .3. ' L Give • . •
• p ( �/�* ! 1 \ . .� .I _mil•- r71 Po: '•, 10' 5'F: 1T. �` rt 1 a . fi. . . F '.. 'L4 _ dr �. Al
• • Lin of th4CounIx Letltlatl,• • dy{ Cily1 To
T m Villa 01171 or
Mika da itpulo'd sy LOGli kpiatr e
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Date; June 28 ,'i 1989 . • # 1 - ,. •r .• er it', `.0,1 , • r
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(Certification to be esrocuted by County Auoraey , Corporation Counsel , Town Attorney, Village Attorney
or °thee. authorised ,Attorney of I0001ILy. ) •
STATE OF NEW YORK .
. COUNTY Orr TOHPKINS . •
- I, the undersigned, hereby certify that the foregoing local law contains the corrrott text and that ail
proper proceedings have been had or takers for the enactment of the local law annexed hereto.
. H&i1on Perkins: S amro
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pate : ilune 28r 1989 F}[ftt Y
7Olxx of Dryden
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6- 27 - 89 page 3
0 that maybe more environmentally protected . The proposed change in
zoning is obviously an attempt to stop this development and to
prevent this going through . He would like to point out that there
are many cases that have been decided by the courts of New York
n ullifying any kind of an action like that . This is strictly
illegal and would be nullified by law . Atty Theisen gave Atty
P erkins a memorandum of law with which some of the cases have
been cited . On behalf of Mr Clark he would like to object to the
proposed zoning change .
Tom Whitlow , 52 Turkey Hill Rd - a number of years ago this land
was originally maintained an RC designation out of special
✓ eference to Mr Clark and Mr Alton Reed who were interested in
maintaining their land in agricultural condition . There were
community hearings and discussion on this . Negotiations within
the community indicated that this land would be retained in an RC
zone with the understanding that this was to preserve the
e xisting agricultural use , low density use of the parcel . When
the motivations and the desires of Mr Clark changed such that he
was interested in changing the use of the land the community
d ecided that it would be advantageous to preserve the integrity
o f their community by rezoning in a way that was more consistent
with the adjacent existing land uses and more consistent with
nature and character of the community with which they would like
to preserve . There were 170 signatures on the rezoning petition
Ill from the local community of Varna and surrounding area including
all adjacent land owners . It is the desire of the community to
maintain the area in a low density , residential , agricultural
stature . It is well within the existing zoning ordinance and laws
for communities to assert their desires for development in their
I midst .
G ene Mutual - representing Mr Hutchens and Mr Clark - the
statement for retaining the quality of the land and zoning as it
is in an RB zone you are not doing this , the difference is multi
family .
Tom Whitlow - density of development , number of people and
buildings per acre on the land .
Howard Evans - has it been implied that a purchase agreement has
been made on the land . Are we talking about something that has
already been agreed upon to be purchased .
Atty Theisen - there is an agreement between Mr Clark and Mr
H utchens , but is not for public scrutiny . This is a private
arrangement .
Marshall Taylor , 61 Turkey Hill Rd - the proposed project is
clearly the wish of the community that we limit further
d evelopment in the manner that is consistent with the development
that is within the area . Whether or not the proposed development
is grandfathered in or has legal precedent and go in
to
6- 27 - 89 page 4
jl _ in spite of any changes in zoning , there is additional property
which could be opened up for development that is outside the
wishes of the community . He would like the Board to keep those
properties in mind as well .
Robert Masson , 20 Deer haven Rd - even with RC Zone it is unlikely
that the Board should feel compelled in anyway to grant this
particular project . The z �_� nir� g for the area is more important
than it is for this particular project .
Hill Sci_ cines , 56 Turkey Hill Rd - thought that this would be case
law in this case and this will test it . Any court of law would
look at the situation carefully and in this case might decide in
favor of the people here tonight . He felt that the Board should
make their determination and go through the coarse of this , he
would be in favor of doing that because the quality of life in
that area will be so adversely affected by this type of
development ,
Atty Theisen - he did not think that this was some type of pray
area that maybe the court would decide one way or the other . It
is very clear , the Town will loose hands down if you pass this
zoning and
proposed g chan a 9 prevent the development . It is very
clear in passing a zoning change on the heals of an application
for development . The SEER law is intended to take the test of
development of property and as to whether it should go through
:1 ` and consider all of the impacts on the surrounding area . By
trying to rezone in place of the development application you are
actually cutting off the BEPR law , He would suggest if the Board
passes the zoning law to have it apply outside of the proposed
development area . The Town Board should not act with haste to a
vocal group . Only make changes in the zoning law when there is a
comprehensive plan for the whole town . The zoning change should
be voted down and over a long term if the Town Board wants to
consider zoning changes , that would he the proper way to react .
Atty Perkins - zoning is an exercise of the municipalities police
power . Specific enabling authority in Town Law for the Town Board
to adopt and amend the zoning ordinance . The legislative
pronouncements of the Town Board are very presumption of
constitutional regularity and properness . The Town Board should
keep in mind that Mr Hutchens still has to obtain a special
permit even if the Town Board doesn ' t adopt this amendment to the
zoning ordinance , and has to go through the environmental review,
process . The paper work was not received in time to be discussed
this evening , so there is no date set for the environmental
review aspects for the project which will be set some time in
August . There are other factors which the community should keep
in mind if the Hoard does not pass on the proposed zoning
changes .
III . Tom Whitlow , hh Turkey Hill Rd - does this mean the 4 page
revised environmental impacts statement is incomplete , complete
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£ -27 - 89 page 5
jll or finished when there was reference was made to the developers
inability to get his paperwork in on time .
Atty Perkins - this isn ' t the purpose of this public hearing to
discuss that . This would be the subject of a public meeting .
Rene Mutual - he did submit his paperwork on time , however Mr
Hutchens did nuke a revision plan and he would like to request
the 30 days for lead time .
Bob Kirk , 84 Turkey Hill Rd -•. thought that the project was
surrounded by RB Zone and we are just filling in that area so it
is not what you call spot zoning and would not be capricious spot
zoning .
Marshall Taylors - the comments concern him because the
e ffectively say that it is outside of the rights of the community
to step forward and say that this is something that we are
o pposed to and that and the surrounding property should be zoned
consistent with the current neighborhood . Whether or not this
affects the given proposal he is saying you should not make a
decision on the zoning request because of some other related
given matter , and yet as putting my signature on the petition was
because of this property . This particular proposal raised the
concern as to what could happen to this neighborhood . Regardless
o f what affect the zoning change has on Mr Hutchens proposal that
!; Atty Theisen is talking about the overall long tens preservation
o f the character of the neighborhood requires some type of
✓ ezoning _
Catherine Drown , 515 Lower Creek Rd - this is not the first time
that this Board or the previous Board has made a zoning change in
the response to petitions or in response as to when there were
needs fixing an the zoning mar . One was Hall Wood fed , another was
a request from in the West Dryden area north of Hall Creek which
was changed to R$ i, at the request of a lot of people . Sc this is
not a capricious thing and would be hard to prove just in
✓ esponse to this particular development .
Atty Theisen - is not saying that you can ' t petition for a change
in zoning , but when you have a pending application , you shouldn ' t
act on the change until that application has been completed .
Address the merits of the development as it is now .
Robin Masson , 20 heerhaven Rd - the reason everyone is here is
because they love their residential neighborhood and as a low
density neighborhood . As Mr Hutchens pointed out to them is that
the worst that could happen under the RC zone and the residents
do not want that to happen any more in their neighborhood
regardless of what 9 happens with his application . The residents
w ant it made clear that the rest of their neighborhood will be
preserved for agricultural and low density sod hopes the Town
Board will approve the zoning change .
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1 David Weinstein , 51 Freese Rd - his understanding was that a
proposal for 20 acres of development was proposed and then
withdrawn , a proposal for aoritng change was than proposed and
than a new proposal for development for 10 acres was proposed , so
you are not talking about a pending action that the zoning was
directed against , but in fact was between the withdrawal of one
action and than a new application .
Closed public hearing
PUBL.. IC HEARING .
PROPOSED AMENDMENT TO LOCAL LAW # C - 1989
ESTABLISHING THE SEWER RENT LAW
• Supv Schug - read the notice that was published in the newspaper
( copy in minute book )
QUESTIONS AND / OR COMMENTS - NONE
Closed public hearing
TOWN BOARD MEETING
JUNE 27 , 1989
Supv Schug opened the Town Board meeting
!i full call was by the Town Cxerk
Present : Supv Soh u g , Clm Hatfield , Clm Evans , Clm Garlock ,
C1wa Walbridge , and Atty Perkins
Approval of the minutes : Motion was made by Clm Evans and 2nd by
Clm Hatfield that the minutes of the Board meeting held June 13th
be approved as submitted . Motion carried .
RESOLUTION # 172 AMEND TOWN OF DRYDEN ZONING ORDINANCE
Clw Walbridge offered the following resolution and asked for its
adoption ; ( copy in minute book )
and Clm Evans 8411 call vote - all voting Yes
RESOLUTION # 173 ADOPT LOCAL LAW * 3 - 1589
AMEND LOCAL LAW # 2 - 1989 ESTABLISHING THE
EWER_„ RENT LAW _FOR DRYDEN SEWER DIST #k2
Clm Bar- lock offered the fallowing resolution and asked for its
adoption : ( copy in minute book )
and Clw Walbridge Roll call vote - all voting Yes
Supv Sch '.tg . there was a water study in the Yellow Barn Rd area
and an amount of $ 10 , 000 . 00 has been appropriated for that . The
engineers have found out there is a problem with hooking on to
'i4 1I the Monkey Run Water fist with having enough pressure . This will
take further study and the engineers suggest that the Town apply
. '' � II RESOLUTION X1172 AMEND TOWN OF DRYDEN
' ZONING ' ORDINANCE • • ' . . ' •
. Ciw Walbridge offered the following resolution and asked for its adoption :
RESOLVED , the following amendment was made to the Town of Dryden Zoning
Ordinance •
Section 401 of the Town of Dryden Zoning Ordinance as
last amended fs hereby amended as follows :
" Section 401 . All land in the Town of Dryden shall
• fall within one of the established zones as shown on a • map
entitled d " Town of Dryden Zoning Map " originally prepared by
Egner and Niederkorn Assoc . , Inc . and last revised 6 / 13/ 89 " .
( The area to be effected ' by such change is more
particularly described as follows :
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Dryden , County of Tompkins and State of New York bounded and
described as follows :
410 BEGINNING at a point in . the centerline of Stevenson Road
• where said centerline is intersected by the centerline of
the former tracks of the Lehigh Valley Railroad ; proceeding
thence generally northeasterly and along the centerline of
the former Lehigh Valley Railroad tracks to a point in the
centerline of New . York State Route 366 ( Dryden Road ) ;
proceeding thence easterly along said centerline to the
intersection of said centerline with the centerline of
Turkey Hill Road ; proceeding thence generally southerly and
along the , centerline of Turkey Hill Road to its intersection
with the centerline of Stevenson Road ; proceeding thence
westerly and along said centerline of Stevenson Road to the
. point or place of beginning . ]
The effect of this amendment will be to change the area
above described from an RC Zoning District to an RB Zoning
District . .
2nd Clm Evans Roil call vote - all voting Yes
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6 -27 -89 page 7 .
iP for county funds . This would cost the Town another $ 5 , 000 . 00 and
.._.0 the county would appropriate $ 15 , 000 . 00 to complete the study .
Atty Perkins will check, everything and will discuss it at the
J uly board meeting .
S upv Schug r- there will be an open house ceremony at the Armory
on July l2th .
RESOLUTION # 174 APPROVE CARE FACILITY
e lm Evans offered the following resolution and asked for its
adoptions
RESOLVED , that this Town Board approve the care facility on
Armory Rd .
E nd Clm Garlock Roll call vote - all voting Yes
RESOLUTION ft ! 7S TRAFFIC LIGHT R . 13 8, RT. 366
Glm Evans offered the following resolution and asked for its
adopt ion
RESOLVED , that this Town Board approved installation of traffic
light at Route 13 and Route GEES and reroute Hall Road .
E nd Clw Walbridge Roll call vote - all voting Yes
4 Adjourned 7 : 3OPM
-- ree-erraertiArs,c._
Susanne Lloyd
Town Clerk
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