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HomeMy WebLinkAbout1989-11-02 '55 TOWN BOARD MEETING ® SPECIAL PERMIT HEARING PFNICOR INC . PEPSI - COLA BOTTLING NOVEMBER 2 , 1989 Meeting was called to order by Supv Schug at 12 noon Roll call was by the Town Clerk. : Present : Supv Schug , Gin Hatfield , Clrn Evans , Clrn Garlock , Clw Walbridge , Atty Perkins and 2 . O . Slater S upv Schug read the notice that was published in the newspaper to consider the application of Benicor Pepsi- Cola Bottling ( copy of notice in minute book ) Q UESTIONS AND / OR COMMENTS S upv Schug -- this permit was granted in July 1987 by a variance . S ince that time , Benicor applied for a building permit which had to be rejected and rescind the special permit because the time h ad run out on the original permit that was granted . J on Metzger -- representing Benicor - they will be building a 16 , 000 sq ft warehouse . 14 , 000 sq ft is warehouse and 2 , 000 sq ft is for office space . They own 48 acres of land and the building will be 400 ft back from the main road and will not be close to any boundary lines . P atricia Ziegler ' s parents were concerned about water run off on to her property . Jon Metzger -- the land slopes to the back where they are located and will not affect her property at all . Closed public hearing RESOLUTION # 248 GRANT SPECIAL_ PERMIT F.iEN I COR INC . PEPSI - COLA BOTTLING ---- Clm Garlock offered the fallowing resolution and asked for its adoption : RESOLVED , that this Town Board grant the application of Benicor , P epsi - Cola Battling to establish by special permit a soft - drink storage warehouse and office . The site is at or about 387 North Road with the following conditions : 1 - the project during and following construction comply with all applicable local , county , state and federal Ordinances , Cedes , Laws , Statues , Rules and Regulations . 2 - that the project be constructed according to the plans submitted by the applicant and approved and filed with the Town . 3 - that the project during construction and upon completion not constitute a public or a private nuisance . 4 - that when municipal water and / or municipal sewer is available the applicant shall connect to the same upon notice to do so from the Town . TOWN OF DRYDEN is DRYDEN NEW YORK $s EAST MAIN STREET, DRYDEN , NEW YORK 131053 (307-9/ 1-9T20 In tin Heart of the I'ir er La r Region Zot.1ruG & BUILDING CODE ENFORCEMENT Date : October 2.4ethi 1989 To : Jamcs S chug p Dryden Town Supervisor From : Henry M . Slate x , Zoning 8c Building Gode Enforcement Office Frown of Dryden Sub . : Spacial Permit Application arid, Hearing , Ben,i. cor , .Lnc . Dear Jim • Please ,firul, attached of a Notice of I' u'blio Hearing ? an application and copy of all documents submitted by .F3errico .rt " Pepsi - Cola Bottling" to es Labli_sh p by special permit , a soft - il.n: irk storage warehouse arid, o-Yf. _l. rji . The site is at or about 387 North Road. Wreevillet New York within an JUD - Zoning District ' The proposed activity is r , permited use by 5prc:i. ai_ perm± tU ;C r r reviewed the application and supporting documents and find that the a.;pplicant has sirpplted , irr suffic;icnt cl,eta.iJ. r the required material to comply with the terms of a special permit • That bet rig the case , I ' ve schecluJ, ed , Grith your approval , at Special Permit Hearing for the f3enico :r Aj . :LicatiCrrrt for 12t00 Noon Thursday November. 2ndp 1989 at the Dryden Town Hall ' If you ho:vc any questions or concerns , please feel free to contact me as ncl. cessiflys Thank ,you ' ].Ferry • Slater CC: A11 Dryden Town Board Members Me.h :l. on TH • Perkin , Dryden Town Attorney ,.fOn Metz gar , ]3enico:r , Inc . T- Susanii6Flioydp Dryden Town °l,erk 7 r S /5 11 - 2 - 89 page L. 5 - that should the Town require easements for municipal w ater lines and / or municipal sewer lines and necessary appurtenances , that the applicant , its successors and assigns grant them to the Town without the necessity of compensation for the same . SEI2R PROVISIONS 6 - that the Environmental Assessment Form prepared in connection with the project is approved and accepted and based upon it the project will have no adverse environmental impact . 7 - that if applicable , the Supervisor or his designee prepare and file a Negative Declaration . A -- that during and following construction , the amount and ✓ elocity of surface runoff water from the site to adjoining properties shall not be increased . End Clm Evans Roll call vote - all voting Yes There was considerable discussion regarding Oak. Brook Drive as to whether or not the Town of Dryden would accept the road . Under the old highway specifications the maximum grade was 12 % and the new specifications the maximum grade is 10% . The reason for the Town to accept the road was because it was time to either renew , ✓ elease or seize the bond . ® Atty Perkins - there is no question that the new specifications are the ones that apply and the road does not meet them . The Town could create an exception if you were going to accept it . Mark Stevens - the only problem is 600 feet of the road . Atty Perkins -- did contact George Schlecht and he indicated that at no paint should the grade exceed 12 % which is the extreme u pper limit . Before the stone and oil was applied the developer w as aware that the grade exceeded 12 % at that time . Apparently additional work was done as evidence by the different percentage w hich he has indicated in his attachments and in the letter to his engineer . RESOLUTION # 249 LETTER OF CREDIT -- MARK STEVENS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the applicant produce a letter of credit in the amount of $25 , 000 . 00 in a form satisfactory to the Town Attorney by November 10 , 1989 . The Town shall upon certification of the town engineer that Oak Brook Drive does not meet maximum grade specifications of 12 % and will present a listing of letter of credit for payment . Also , that Dak Brook Drive road shall be completed by the developer by July 1 , 1990 . If this is not completed by that time the Town of Dryden will have the right to e xercise the letter of credit . 2nd Clm Hatfield Roll call vote C1rn Hatfield Yes Clm Evans Yes Clm Garlock Yes Clw Walbridge No 11 - 2- 89 page 3 RESOLUTION #4250 AUTHORIZE TOWN HISTORIAN TO ATTEND MEETING • Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Town Historian Ruth S weetland to attend a meeting in Spencer on November 4 , 1989 and in Ithaca on November 30 , 1 '989 and to pay expenses not to exceed $ 100 . 00 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION 4# 251 RETAIN TOWN! ENGINEER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint George Schlecht as Town E ngineer for the Town of Dryden until the end of 1989 after such time the appointment will be made on an annual basis at the Organizational meeting _ 2nd C1w Walbridge Roll call vote -•- all voting Yes There was some discussion regarding the MA Zone north of the ✓ illage of Dryden and the Town Board scheduled a public hearing 1 - for November 28th at 6 : 30PM 0 Adjourned : 1 : 15PM Susanne Lloyd Town Clerk.