HomeMy WebLinkAbout1990-10-23 TOWN BOARD MEETING
OCTOBER 23 , 199 0
• Supv Schug called the meeting to order at 7 : 00PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk :
Present : Supv Schug , Clm Roberts , Clm Walbridge , Clm
Hatfield , Clm Corrigan and Atty Perkins
Motion was made by Clm Roberts and 2nd by Clm Carrigan that the
minutes of 10 -- 4 -- 90 be approved after the correction is made on
page 1 and page 2 to read General Stores instead of general
storage . Carried
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Carrigan - reported on a new time clock . She looked at the
time clock that Dryden School system has and was provided with
printouts . She felt that it was tamper proof as one person has
control of the key to the inside of the machine . The cards are
indestructible and are personally coded for each employee . Unlike
a time card there is no place on the printout for any supervisor
to state that those hours were worked on certain days , but she
d id not see this as a problem . There would be a duplication of
work cut down and the need for storage of time cards would no
® longer exist .
RESOLUTION # 246 AUTHORIZE PURCHASE OF TIME CLOCK,
Clm Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the purchase of a time
clock for the highway department not to exceed $ 2 , 000 . 00
2nd Clm Corrigan Roll call vote ° all voting Yes
PUBLIC HEARING
ZONING ORDINANCE AMENDMENT
OCTOBER 23 , 1990
S upv Schug read the notice that was published in the newspaper
concerning the proposed amendment to the zoning ordinance ( copy
in minute book )
Q UESTIONS AND / OR COMMENTS
Atty Perkins -- this proposed amendment to the town zoning
ordinance will conform our ordinance to existing town law which
is the enabling statue that allows the town to set penalties for
zoning violations .
Closed public hearing
a / 6
TB10 -23 -- 90 page 2
® RESOLUTION # 247 AMENDMENT TO TOWN ZONING ORDINANCE.
Clm Walbridge offered the following resolution and asked for its
adoption : ( copy in minute book )
and Clm Hatfield Roll call vote - all voting Yes
D ISCUSSION
Mark Stevens - continuation of special permit hearing held
10- 4 - 90 and continued from 10 - 9 -90
RESOLUTION 0248 PART III EVALUATION OF THE IMPORTANCE
OF IMPACTS OAK BROOK STORAGE ( MARK STEVENS , APPLICANT )
Clm Walbridge offered the following resolution and asked for its
adoption : ( copy in minute book )
2nd Clm Roberts Roll call vote - all voting Yes
RESOLUTION # 249 SEUR NEGATIVE DECLARATION
Clm Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board approve the negative E:AF form for
the application of Mark Stevens
2nd Clm Corrigan Roll call vote - all voting Yes
® Clm Corrigan - wanted to know if the building that Mark Stevens
is in the process of building to be determined as a private
garage for his own personal use and storage .
Mark Stevens -- for his own use at this time .
Clm Corrigan - no storage of things corning from other places for
that building such as paper , envelopes , etc that does not belong
to you will be put in that building .
Mark Stevens - that is correct . He keeps his equipment in the
building .
Clm Corrigan - had no trouble with the application if it is truly
a garage , but has trouble with the future use of the land .
S upv Schug - the board members have a list of conditions that are
t o be considered before the approval is granted for the special
permit .
Mark Stevens - received a copy of the conditions so that he could
review it before it was approved .
S upv Schug - while Mark is reviewing the conditions for further
d iscussion he will hold the public hearings for the budget .
s -
NOTICE OF PUBLIC HEARING
ZONING ORDINANCE AMENDMENT
TOWN OF DRYDEN
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden
w ill hold a public hearing on a proposed amendment to the Town of
Dryden Zoning Ordinance whereby Section 1804 of Article XVIII of
the Town of Dryden Zoning Ordinance would be amended to read as
follows :
Section 1804 . Enforcement and penalties . A violation of this
ordinance is hereby declared to be an offense , punishable by a fine
n ot exceeding three hundred fifty dollars or imprisonment for a
period not to exceed six months , or both for conviction of a first
o ffense ; for conviction of a second offense both of which were
committed within a period of five years , punishable by a fine not
less than three hundred fifty dollars nor more than seven hundred
dollars or imprisonment for a period not to exceed six months , or
both ; and , upon conviction for a third or subsequent offense all of
which were committed within a period of five years , punishable by
a fine not less than seven hundred dollars nor more than one
thousand dollars or imprisonment for a period not to exceed six
months , or both . Each week ' s continued violation 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 .
This amendment shall take effect after publication and as
provided by law .
The public hearing on the proposed amendment will be held at
7 : 00 P . M . , prevailing time at the Town Hall , 65 East Main Street ,
Dryden , New York on October 23 , 1990 , at which time interested
parties will be heard .
Susanne Lloyd
Town Clerk
u e-
IN THE MATTER OF THE APPLICATION OF OAF BROOK STORAGE
( MARK STEVENS , APPLICANT )
FOR A SPECIAL PERMIT TO CONSTRUCT 2 WAREHOUSES
ON PROPERTY ON OAK BROOK DRIVE IN THE TOWN`` OF DRYDEN , NEW YORK
The Town Board of the Town of Dryden conducted 2 public
hearings on the application of Mark Stevens d / b / a Oak Brook Storage
for a Special Permit to construct 2 warehouses on property he owns
on Oak Brook Drive . The Town Board in its role as the entity which
must issue or deny a Special Permit makes the following findings :
FINDINGS
1 . The requirements of Town of Dryden Zoning Ordinance
Section 1303 . 1 have been net by the applicant .
2 . The applicant owns 24 . 61 acres of land , all of which is
situate within an R - D Zone . The applicant ' s property is more
particularly shown on a map entitled " Survey Map Showing Lands of
Mark Stevens " dated April 3 , 1989 and last amended August 29 , 1990
which is incorporated herein by reference . The applicant ' s
property is shown as Parcel A ( 12 . 81 acres ) and Parcel B ( 11 . 8
acres ) and for the purposes of this application and the
Environmental Review is considered as one parcel of 24 . 61 acres .
I
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RESOLUTION NO . 247' ( 1990 )
® Councilperson Walbridge offered the following resolution and
asked for its adoption :
RESOLVED , that the Town Board amend Section 1804 of Article XVIII
o f the Town of Dryden Zoning Ordinance as follows :
Section 1804 . Enforcement and penalties . A violation of this
o rdinance is hereby declared to be an offense , punishable by a fine
n ot exceeding three hundred fifty dollars or imprisonment for a
period not to exceed six months , or both for conviction of a first
o ffense ; for conviction of a second offense both of which were
committed within a period of five years , punishable by a fine not
less than three hundred fifty dollars nor more than seven hundred
dollars or imprisonment for a period not to exceed six months , or
both ; and , upon conviction for a third or subsequent offense all of
which were committed within a period of five years , punishable by
a fine not less than seven hundred dollars nor more than one
thousand dollars or imprisonment for a period not to exceed six
months , or both . Each week ' s continued violation 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 .
® Seconded by Councilperson Hatfield
Roll call vote - all voting Yes
•
3 . The applicant has constructed a single - family dwelling on
the 24 . 61 acres and it is identified as 24 Oak Brook Drive .
4 . The Town of Dryden Zoning Ordinance defines ° private
garages' as " a carport or enclosed building for use by the
inhabitants of a dwelling for private storage " .
5 . The applicant applied for and received a Permit to build
a " private garage " which is a structure 42 ' 96 ' and which shown
on the survey map as being the largest building close to 24 Oak
Brook Drive , The Permit for the " private garage " was issued in
error and based upon a contorted and strained interpretation of
that term as it is defined in the Town of Dryden Zoning Ordinance .
6 . The " private garage " is separated from the dwelling by
275 ' and private road built by the applicant which private roadway
- will serve the " private garage " and the 2 warehouses which are the
. subject of the Special Permit application .
7 . The applicant represented to at least 2 purchasers of
dwellings , constructed by him on property formerly owned by the
applicant , and adjacent to the project site that the homes sold to
them were part of an area which was to be an exclusive residential
sub- division .
8 . Much of the hillside surrounding the project site was a
mature deciduous forest which was clear - cut and has been devoid of
any significant vegetation . Erosion and siltation caused by such
clear - cutting has been a problem .
9 . The construction of 2 warehouses for storage , one 42 ' x
60 ' and the other 42 ' x 96f may present a negative visual and
aesthetic impact . In addition , the impervious surface necessitated
by the project including roofs , parking areas and the private road
constructed to the project site from the terminus of Oak Brook
Drive will increase the amount of surface water run - off .
10 . The applicant has made representations that the
warehouses will not be used for storage of toxic or hazardous waste
chemicals , oils and so forth .
11 . The location , use and nature of the proposed project may
be in conflict with the allowed uses of the zone or neighborhood
since the most adjacent uses are residential and since the
applicant represented to the most adjacent neighbors that they were
to be part of an exclusive residential sub-division .
1 . The proposed use will not be more objectionable or
depreciating to adjacent and nearby properties by reason of
traffic , noise , vibration , dust , fumes , smoke , odor , fire , hazard ,
glare , flashing lights or disposal of waste or sewage than the
operation of the allowed uses of the zone . To the extent that any
of the aforesaid conditions may be objectionable they can be
mitigated by project change or other conditions attached to the
Special Permit .
13 . The proposed use will discourage and hinder the
appropriate use and development and use of the adjacent properties
or neighborhood .
14 . The proposed non - residential use adjacent to existing
residential uses shall be screened by an appropriate landscape
buffer strip to protect the neighbors from the aesthetic impact
that this project will have .
15 , With the conditions hereinafter set forth , the health ,
safety and general welfare of the community will not be adversely
affected .
DECISION
The application for a Special Permit fors Oak Brook Storage to
construct 2 warehouse storage buildings for cold storage of
materials which are not toxic or hazardous waste , etc . , is approved
subject to the explicit compliance with the following conditions
all of which are found by the Town Board to be necessary for the
protection of the neighborhood and all of which are appropriate to
the issuance of a Special Permit under these circumstances ;
1 . The Environmental Assessment Form ( Parts 1 , 2 & 3 )
prepared in connection with the project is approved and accepted
based upon the fact that the project will have no adverse
environmental, impact . A negative declaration is to be filed .
2 . The project shall be constructed according to the plans
submitted by the applicant and approved and filed with the Town of
Dryden .
3 . That the project during and following construction shall
comply with all applicable Town , County , State and Federal laws ,
statutes , codes , ordinances , approvals and rules and regulations .
4 . That the project during construction and upon completion
shall not constitute a public or private nuisance .
5 . That should the Town require easements for municipal water
lines or sewer lines and necessary appurtenances in connection with
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the construction of a municipal water system or sewer system that
the applicant , its successors and assigns , grant the same to the
Town without the necessity for compensation .
cThat the rate of discharge of surface water from the site
not be increased during or following construction and that measures
be taken by the applicant to insure such control of the discharge
of water . Any drainage improvements constructed by the applicant to
comply with this condition shall be maintained by the applicant .
7 . The applicant shall obtain from the prospective tenants of
both warehouses a list , in detail , of all items proposed to be
stored therein .
8 . The Special Permit is not transferrable , it is issued only
to the applicant for the purposes outlined in his application . The
Special Permit is limited to the use of the 2 storage structures
referred to in the findings for cold storage as set forth in the
application .
9 . At no time shall there be any storage of toxic or
hazardous waste , chemicals : petroleum products or other similar
materials .
10 . The Town assumes no responsibility for any portion of the
project beyond that portion of Oak Brook Drive which has been
dedicated as a public road . The applicant is to maintain the
paved , private road from Oak Brook Drive to the project site and is
to snow plow it in order for fire and other emergency vehicles to
reach the project site .
C . The building roofs and siding and other appurtenances
shall be constructed and maintained in colors which will blend with
the surrounding area . Colors such as brown , ' • green , . natural and :
I; grey are suggested . The applicant shall obtain approval from the
Town Board for all color schemes of roof , siding or other materials
prior to their installation .
The applicant shall plant a double row buffer of
e vergreen trees which must be at least 6 ' tall at the time of
planting . The trees shall be planted 2 rows deep on the downhill ,
e astern and western sides of the project to provide a visual
barrier and buffer around all the structures at the project site ,
including the " private garage " . The evergreens shall be maintained
and shall be allowed to grow and mature and when they die , become
diseased or otherwise require removal they are to be replaced with
similar evergreens at least 6r tall at the time of planting .
13 . All utilities to the project shall be buried and there
shall be no overhead utilities of any description .
illpAn appropriate drainage plan for the entire project site
which has been clear - cut , paved and for all structures or areas
which will be disturbed during construction , including for the
private garage , shall be submitted and approved by the Town
Engineer . At a minimum such drainage plan shall provide for the
✓ etention on - site of all run - off from parking areas and roof areas .
All ditches on the private road shall be constructed and maintained
by the applicant according to the specifications approved by the
Town Engineer and Town Highway Superintendent and shall be seeded
and / or rip - rapped to prevent and control erosion and siltation from
the site .
15 . Where will no outside lighting of any description .
16 . The hillside which was clear - cut shall be re - seeded and
planted and maintained so that there is no bare ground . Such re -
seeding shall be done in an attempt to create permanent sod and
shall be of a grass mixture recommended by the Soil and
Conservation Service of the United States Department of
Agriculture .
17 . No gate or other barrier shall ik constructed on the
private road which would limit access to the project site by
e mergency vehicles .
18 . The drainage ditch on the north boundary line of the
applicant ' s property shall be maintained and kept open by the
applicant to prevent water from entering adjacent properties to the
n orth of applicant ' s property line . The drainage ditch shall be
maintained and continually kept open , cleaned of debris , siltation
and other materials and mowed at least once a year .
19 . The applicant will extend the existing culvert on the
south or west side of the extension of Oak Brook Drive and will
✓ ip - rap the ditch from the end of the culvert upstream to in front
o f the house at 24 Oak Brook Drive to help control erosion ,
siltation and run - off .
20 . The snow plow turn - around at the southwest end of Oak
Brook Drive shall be made permanent to specifications approved by
the Town Engineer and Town Highway Department and shall be stoned
and oiled and a 60 ' culvert installed with the entrance to the
culvert appropriately rip - rapped to prevent and control erosion .
All ditches on the " Proposed Future 60 ' Wide Road " as shown on the
survey map above referred to shall be maintained by the applicant
} .
and shall be cleaned , seeded and mowed and shall a maintained in -
that condition to control run - off and erosion . 4 - . I . .
21 . Since the applicant obtained a Permit for a " private . . .
garage " and since a private garage can be constructed in a R - D Zone
only in connection with a dwelling , the house at 24 Oak Brook Drive
and the " private garage " ( the western most 42 ' x 96 ' building ) on
the above survey map cannot be sold on separate parcels . Parcel A
and Parcel B are considered to be one parcel and shall not be
divided or sub - divided without obtaining sub -division approval from
the Town of Dryden Planning Board .
22 . No Building Permit shall be issued until the applicant
submits written plans for all conditions imposed herein which
require further approval and until all such plans for such
conditions which requires further approval have been approved by
the Town Board and the Town is in receipt of the list called for in
paragraph 7 .
23 . No Certificate of Occupancy shall be issued and no
building shall be used for any purpose whatsoever until all the
aforesaid conditions have been completely complied with and the
Code Enforcement Officer has so certified to the Town Board .
•
1.
PART III
® EVALUATION OF THE IMPORTANCE OF IMPACTS
OAK BROOK STORAGE PROJECT ( MARK STEVENS , APPLICANT )
The lead agency has the responsibility of evaluating those
impacts identified as potentially large in Part II of the Long
E nvironmental Assessment Form filed in connection with the
application for a Special Permit for the Oak Brook Storage Project .
The Town Board , as lead agency , has prepared this Part III as its
e valuation of the importance of impacts . The impacts in Part II of
the EAF identified as having potentially large impacts are as
follows :
1 . Impact on land . Approximately 12 of 24 acres of the
project site have been deforested and clear - cut ;
• 2 . Impact on water . Because of the clear - cutting and the
impervious surfaces constructed as a part of the project
g roundwater may be adversely affected due to increased run - off ,
erosion and siltation ;
3 . Impact on aesthetic resources . The project involves an
area of where approximately 12 acres of deciduous hardwoods in a
h ighly visible area were clear - cut . The project involves the
construction of warehouses or storage buildings adjacent to
e xisting residential uses ;
4 . Impact on growth and character of community or
n eighborhood . The project is an allowed use only with a Special
Permit . The commercial use of the property will be located
adjacent to residential uses of the applicant ' s property and
411 tracts or lots which previously were a part of the applicant ' s
property and which tracts or lots have recently been developed as
a residential neighborhood .
A separate discussion of each of the above identified impacts
follows .
1 . IMPACT ON LAND . The project applicant owns approximately
24 acres and has clear - cut approximately 12 of them . The acreage
which was clear - cut was left unseeded and significant erosion and
siltation have occurred downstream from the deforested and clear -
cut hillside . This impact will be increased because of the
construction of roofs and parking areas as well as a private road
constructed to the project site . 'These impervious surfaces win
mean increased run - off and less area of natural absorption of
surface water . without mitigation the probability is that this
impact will continue to occur . The potential loss of soil is
irreversible . The loss of a mature deciduous forest in an area of
high visibility to the surrounding neighborhood and which was part
of a scenic vistas is a permanent irreversible impact . The
consequence of this deforestation is more than local since it can
be seen from several miles away and is contrary to any local needs
for the project . Some of these impacts can be mitigated by
measures to be taken by the applicant and with conditions attached
to the Special Permit such as the requirement of seeding ,
reforestation , and planting of a buffer of trees , and the
maintenance of ditches and construction of drywalls for roof run -
off .
2 . IMPACT ON WATER . For many of the reasons stated above ,
there is a potential for a large impact on the groundwater . The
clear - cutting has already caused considerable siltation and erosion
and many of the suggested mitigation measures identified above can
h elp mitigate this potentially large impact .
The proposed action may alter drainage flows or patterns for
surface water run - off . This is because of the development of more
impervious surfaces on the project site including roofs and parking
lots and a private road constructed by the applicant from Oak Brook
D rive to the construction project site . These impacts are made
worse because of the loss of vegetation on the formerly wooded
hillside . Such a loss creates a potentially large impact for
surface water and drainage directed to roadside ditches . Much of
this impact may be mitigated by conditions as set forth above .
3 . IMPACT ON AESTHETIC RESOURCES . The proposed use will be
. visible to neighbors and passersby from several directions and from
several miles away . This partially occurs because of the clear -
cutting that took place and because of the significant size of the
warehouses to be constructed on the site . Some of this impact can
be mitigated by screening and planting of trees and evergreens as
a visual buffer to the project site . Such planting also helps
mitigate the affect cf the project on the adjacent residential
neighborhood . The most immediate neighbors to the project are
residential and a visual buffer is necessary in order to protect
t heir property values and the aesthetics of the neighborhood .
4 . IMPACT ON GROWTH AND CHARACTER OF hOntUNITh OR
NEIGHBORHOOD . The applicant now owns 24 acres and has built 3
residences on e larger tract of which the project tract of 24 acres
is a portion . Two ( 1 ) of the houses built by the applicant have
been sold to neighbors who were told that the area of the project
was to be an exclusive residential neighborhood . While the
proposed action is an allowed use by Special Permit1 the interests
of these neighbors must be considered . The proposed use will be
adjacent and / or visible to them and may significantly reduce their
enjoyment of the aesthetic qualities of the neighborhood and former
wooded hillside which was promised to be an exclusive residential
neighborhood . without mitigating measures this potentially large
impact alone would be enough to deny approval of the project .
It should be clear that this project must be evaluated on its
own merits and the review undertaken herein and the foregoing
discussion is limited to this project . Any further development of
the area should he reviewed in close detail for compliance with
environmental and sub- division guidelines and the potentially large
environmental impacts .
T9+ 10 - 23 -- 90 page 3
PUELIC HEARING
TOWN BUDGET
OCTOBER 23 , 1990
S upv SChug - opened the hearings up for the budget . ( copy in
minute back for preliminary budget , special district
improvements , fire contracts and ambulance contract ) .
G? LJESTIfNS AND / DR COMMENTS
Mary Ellen Rumsey , representing Southworth Library -- requested
that the budget be increased to $ 3 , 000 . 00 since they will no
longer be funded by the United Way . They are a nonprofit
organization and have been working on a budget of $ 53 , 000 . 00 and
will now have to work on a budget of $ 43 , 000 . 00 . It now puts
their nonprofit status into .jeopardy because 40 per cent has to
be public money that runs the library in order for it to be
considered nonprofit . The county has given them $ 4 , 000 . 00 even
though they asked for more . She would like the town board to
consider the library far° $ 2 , 000 . 00 since they do not want to cut
h ack on services .
Supv Schug - the Tnuthworth Library is in the budget for the
My , CNN . 0C .
Carol Leigh , tax dept . at NYMECC - warmed to know if there was a
schedule prepared for the payments and who is included in the
assessments for the Monkey Run water and sewer districts .
Sup . Schup -" had the fell break down available for her to look
at . The water and surer was bonded this year and it will not be
until next year when two good sited users will be in the district
which should help reduce the cost .
Carol Leigh -1 if there are any disagreements with the figures is
now the time that it is discussed .
S upv hchug -- yes , it is done on a formula and so much money has
to be raised for the bond . The formula is set but it can be
changed every year . The formula set for this year is 3d percent
for assessment , 15 percent for units and 35 perce 'nt for acreage .
Atty Perkins - it breaks down for the water district to $38 . 33
per unit , $ 1 . 57 per thousand and $ 294 , 88 per acre for a total of
$ 87 , 150 . 00 to be raised . For the sewer district the amount would
be $ 41 . 04 per _unit , Si . SE per thousand and $315 . 72 per acre for a
total of $ 10E9600 . 00 to be raised .
Carol Leigh - wanted to know what the tax bill would figure out
to be .
Supv Schug - for sewer it would be about $ 60 , 807 . 74 and water
would be about $ 56 , 794 . 04
-
Town of Dryden Standard , Boiler Plate Approval
These following standard approval conditions SHALL APPLY to
the attached project as necessaryxas well as all other listed conditions .
Applicant : Mark Stevens Construction Board Action Date : 10 / 23 / 90
,
Action ' Warehouse Storage Site : 43 Oak Brook Dr . , Ithaca
Type of Approval Requested : Special Permit .
Approval , Conditions in addition to Boiler Plate Requirements .
Based upon the non - response to further review this application , the Town
of - Dryden considers the , ( Special Permit ) request to be withdrawn and will
not take any further review action . Therefore , this request for approval
is de nI edthe Environmental Assessment Form prepared in connection
with the project is approved and accepted based upon the fact
that the project WWI t have no adverse environmental impart . a
negative declaration 1s to be riled..
2 . The project shall be constructed according to the plans
submitted by the applicant and approved and filed with the Town
of Dryden . - -
�, \ 3 . that the project during and following construction shat l
eoinpi i with Ali Applicable Town , County , State and Feder- al laws ,
st Efttipeo , codes , ordinances , approvals and rules and
regulation .
ion .
4 . That the pra ,Ject during construction and upon completion
I11i not constitute a . ptublic or private nuisance .
5 . That when municipal Wafer or municipal sewer is available
. to the lane the applicant shall connect to the same upon notice
to do no from the Town.
a
6 . That should the Town require easements for municipal
s.- ,. water lines or sewer lines and necessary appurtenances in
connection with the construction of a municipal water system or
nrwet- s rs € Piit thhat the applicant , its successors and assigns ,
grant the same to the Town without . the necessity for
compensation .
T . That the rate of discharge of surface water from the
site not be increased during or following construction and that
ti ' measures be - taken by the applicant to insure such control of the
discharge of Water , Any drainage improvements constructed by tlic
APPlicnni: to comply with this condition shall be maintained by
tin! applicant .
S . That IF a beiffer is required to be planted then it shall
be maintained by this dphl scant .
At a . Public Hearing held Oct . 23rd 90
� � THE DRYDEN TOWN Board , ( see above )
iipdeftWaWdOthe above application . base upon Wi U 4 t •
061400C41610MAMK& . By this document , I make a record of that decision and !..
-, make it available to public . Decision to consider Denied , Nov . 2nd , 90
Cll . X Applicant ,
' BY " y! JI
•
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MAMLON R , PERKINS P. C.
ATTORNEYS AND COUNSELLORS Al LAW
T, PTST MAIN 5IRtT1
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DRYDEN . NEW YORK 13053 41 i 9
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October 24 , 199 4lV�J Ial , • x
A .
Mark Stevens
1321 Dryden Road
Ithaca , New York 14850
RE : Application of Oak Brook Storage
t ',
Dear Mark :
IL
r
After you left the Tow Board . Meeting last evening , the Board
discussed whether to consider your action as a withdrawal of your
application . Unless we hear differently from you by November It
39901 the Board will consider that you have withdrawn your
.F application .
It seems to me that both sides were very near to a compromise that
Aix
was satisfactory to all concerned .
Very truly yours ,
Mahlon R . Perkins
Town Attorney
MRP / lm
pat James F . Schug , Supervisor
Town Board Members
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MAHLON R . PERKINS, P. C. t
: AT'KOEtNEYS AND CQLfl4SELLOR5 AT LAW
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2O %vEST MAIN 57xEFT
PO. 6014417
` DRYDEN, NEW YORK 13053
1tiHLQN R. FIRKINS October Q TELEPHOVE•}.
1607 a R41-0111
'; . . FAX
( c0.71 844 13 )61
Memo to : Supervisor Schug
1/41 i Town Board Members
From : Mahlon R . Perkins , Town Attorney
re : Mark Stevens Application for a Special Permit
Since no word has been received from Mark Stevens on the status of
his Special Permit Application I believe you should consider his
application withdrawn . If the application is withdrawn then you
will not be required to make a decision and therefore he will not
have the opportunity to have your decision reviewed by the court in
an Article 78 Proceeding .
Given his actions at the last meeting , your determination that his
application has been withdrawn is a reasonable interpretation .
•
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' 1
NOTICE OF PUBLIC HEARING
TOWN OF DRYDEN
SPECIAL DISTRICT IMPROVEMENTS
Notice of hearing to hear objections to assessment roll for water , sewer
and .lighting districts in the Town of Dryden .
N OTICE IS HEREBY GIVEN , that the Town Board of the Town of Dryden has
prepared the assessment rolls for parcels of land included in the
f ollowing water , sewer and lighting districts . The following are the
proposed rates :
✓ arna Water District # 1 - $ 7 . 59 per unit , $ . 07 per thousand , $ . 014
per front foot = total to raise $ 5 , 000 . 00
S nyder Hill. Water District # 2 -- $ 380 . 91 per unit , $ 3 . 155 per
thousand , $ • 57 per front foot = Total to raise $ 20 , 950 . 00
Monkey Run Water District # 3 , - $ 38 . 33 per unit , $ 1 . 57 per
thousand , $ 294 . 88 per acre , = Total to raise $ 87 , 150 . 00
Sapsucker Woods Seiler District # 1 - $ 94 . 20 per unit Total $ 6 , 500 . 00 •
✓ arna Sewer District 02 - $ 58 . 152 per unit Total $ 21 , 400 . 00 .
Cortland Road Sewer District # 3 - $ 19 . 59 per un i t
e $ , X45 per pipe
footage , $ . 0007 her thousand assessment Total of $ 17 , 000 . 00
Monkey Run Sewer District 4h4 - $ 41 . 04 per unit , $ 1 . 68 per
thousand , $ 315 . 72 per acre = Total to raise $ 102 , 600 . 00
✓ arna Lighting District # 1 - $ . 247 per thousand total $ 3 , 100 . 00
E tna Lighting District # 2 -- $ . 329 per thousand Total $ 2 , 400 . 00
Meadow Drive / Leisure Lane Lighting District # 3 -- $ . 407 per thousand ,
Total $ 950 . 00
FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 239 of the Town
0 Law , the Town Board of the Town of Dryden shall hold a public hearing
thereon to hear and consider any objections which may be made to o said
rolls on the 23rd day of October , 1990 at 7 : 30PM at the Dryden Town Hall ,
65 East Main Street , Dryden , New York , County of Tompkins .
All interested persons shall be heard at such time .
n copy of the entire proposed budget is available for inspect ion together
with copies of the assessment rolls at the Town Clerk ' s Office , 65 East
Main Street , Dryden , New York during regular business hours .
By order of the Town Board
/5"--Peari-t- C;7 ".44-444._,
Susanne Lloyd
Town Clerk
NOTICE OF PUBLIC HEARING
TOWN OF DRYDEN
® AMBULANCE CONTRACT
N OTICE IS HEREBY GIVEN , that the Town Board of the Town of Dryden wi 11
h old a public hearing at the Town Hall , 65 East Main St . , Dryden , N . Y . ,
County of Tompkins on October 23 , 1990 at 7 : 30PM for the purpose of
considering contracting with Neptune Hose Co . # 1 Inc . for ambulance
service in the Town of Dryden for an annual soon of $ 66 , 000 . 00 and
contracting with Slaterville Fire Department for an annual sum of
$ 4 , 000 . 00
All persons interested shall be heard at such time .
A copy of the entire proposed budget is available at the Town Clerk ' s
O ffice , 65 East Main Street , Dryden , New York during regular business
h ours .
B y order of the Town Board
� ,pca c
S usanne Lloyd
Town Clerk
IIP
NOTICE OF PUBLIC HEARING
TOWN OF DRYDEN
FIRE CONTRACTS
N OTICE IS HEREBY GIVEN , that the Town Board of the Town of Dryden will
hold a public hearing at the Town Hall , 65 East Main St . , Dryden , N . Y . ,
County of Tompkins on October 23 , 1990 at 7 : 30PM for the purpose of
considering contracting with the hereinafter designated fire companies for
f ire protection to be furnished by each of them in the designated fire
protection districts established in said Town . The following contracts are
to be considered :
1 -- Varna Fire Department $ 86 , 400 . 00
Neptune Hose Co . 01 Inc . $ 107 , 300 . 00
W B Strong Fire Co . of Freeville $ 85 , 300 . 00
4 - Etna Volunteer Fire Co . Inc . $ 72 , 000 . 00
-- Brooktondale Fire District $ 8 , 250 . 00
for total of $ 359 , 250_ . 00
P roposed fire tax rate $ . 95
6 - The various fire departments shall answer and attend all calls in
the district of the Town of Dryden .
7 - Each fire department shall be responsible for any loss or damage tr.)
its fire apparatus sustained in answering any such calls
8 - The contracts shall continue for one year , commencing
9 - Such other incidental terms as may be necessary or proper with such
contracting .ing . The following additional anal term applies only to
Brocuktondale Fire District .
10 - Such fire department shall be responsible for payment of all
claims for injuries to or death of firemen in connection with such
calls .
All persons interested in the matter w i l l be heard at such time and place .
A copy of the entire proposed budget is available at the Town Clerk ' s
O ffice , 65 East Main Street , . Dryden , New York during regular business
h ours .
B y order of the Town Board
f. .tJO-r --f_
Susanne Lloyd
Town Clerk
f
NOTICE OF PUBLIC HEARING
TOWN OF DRYDEN
4 PRELIMINARY BUDGET
I
NOTICE 1 HEREBY GIVEN , that the Preliminary Budget of the Town of I) rclen
for the fiscal year beginning J a huarYy 1 , J. 1991 has been completed and
filed in the Office of the Town Clerk of said Town , where it is available
for inspection by an interested perso_on during the hours of 9 : 00AM to
3 : 00PM daily and 9 : CnDAM to 12 noon Sat .
FURTHER NOTICE IS HEREBY O I VEN , that the Town Board of said Town will Meet
and reviews said Preliminary Budget and hold a public hearing thereon at
the Town Hall , E5 East Maim St . , Dryden , N . Y .Y . Coounty of Tompkins at 7 : 30PM
on the 23rd day of October 1990 , and that at such hearing any
person may be heard in favor of Cr a against the preliminary budget as
complied , for or against any items therein contained . •
P ursuant to Section 11 of Town, Law , the proposed salaries for the
following town officers are hereby specified as follows :
S upervisor $ 8 , 200 . 00
Councilman ( 4 ) $ 8 , 800 . 00
Tees, Clerk $ 11 , 350 . 00
Highway Super i nt endent $ 34 , 200 . 00
J ustice Lloyd $ 8 , 820 . 00
J ustice Sweetland $ 8 , 820 . 00
n 11 persons shall be heard at such Lime .
copy of the entire proposed budget is available at the Town Clerk ' s
. Office , 65 East Main Street , Dryden , New Yo_ork during regular businss r.
hours .
B y order; of the Town Board
S usanne Lloyd
Town Clerk.
TB10 - ' 3 - 9O page 4
II Bill Lowe ` just wanted to let board members knew that Wood Rd is
flooding over where the 4 test wells are being dug for the DR7
landfill site .
B rad Perkins , representing the Dryden Fire Dept . - Their concern
is that with the $ 10 , 000 . 00 being taken away from therm for the
h ook and ladder truck since it is now paid for this is a very
e xpensive piece of equipment to maintain . Their company has
maintained certain funds for repairs and replacement apparatus
for the eventual replacement . They wanted to keep the money in
the budget sc' they would not have to come to the board and
✓ equest $500 , 000 . 00 when they would need another truck . The life
of the truck is somewhat longer , but they are feed with a repair
bill of about $ 20 , 000 . 00 to keep it certified as an aerial
device . They would like to have the $ 9 , 700 . 00 put back in the
budget as what they had requested . They have a line item in their
budget of $ 25 , 000 . 00 per year in savings towards the maintenance ,
repair and replacement of that truck _ The truck was $ 251 , 000 . 00
when they bought it 10 years ago and now the replacement cost is
over $ 375 , 000 . 00 . The repair bill on this type of apparatus grows
every year and they have a big bill now because they are doing
body work and the ladder tested so that it can be certified . In
their budget for repairs and replacement they put in $ 25 , 000 . 00
and with t the S10 , 000 . 00 that will be reduced to $ 15 , 000 . 00
which is a forecast of doom in the future . They have a truck
replacement fund which is a restricted fund at the bank for that
truck to be replaced or if there is a major failure of the truck .
If it is beyond an insured failure they will be able to do it
✓ ather . than lasing without a piece of apparatus .
Clni Corrigan - wanted to know how many years they have been
putting away the fit , QQO . 0O ?
Brad Perkins -- this is the first year they have been putting that
much away . Last year they saved $ 10 , 000 . 00 and the year before
. that was $ 7 , 000 . 00 or $ B4O00 . 00 . Now that the truck is paid off
they are not having to slake a $ / 91000 . 00 payment to the insurance
company that mortgaged it for them . They wanted to take that
money and put it in reserves for that truck . They have $ 10 , 000 . 00
from 1990 and are anticipating S25 , OCNO . 00 for 1991 of which from
the $ 35 , 000 . 00 sure they have a $ 22 , 000 . 00 repair bill this year .
Super Schug -- the department does have a reserve fund for other
e quipment also .
B rad Perkins - that is correct and they are purchasing a new
pumper and will be taking delivery in about 10 days which they
w ill be able to pay cash for because they have been saving . He
felt that they have a good history of being able to preserve
their funds and purchase their apparatus for cash instead of
mortgaged money -
. . . AI
TFi I O - fl - SO page 3
Brad Perkins - when they originally bought this piece of
e quipment they were able to make a deal with the town board at
that time and frequently asked the question of the town board
throughout the last 10 years what would they like to see them do
in order so that the truck can continue to be there and when it
w ears out they can have another one . The attitude of the previous
board was that they would like the fire company to save money
just like they did for the pumper and other trucks so that when
the time comes and it becomes necessary to be replaced you can
purchase the equipment with the money that you have saved in
✓ eserve . All they are asking is to maintain that system of saving
money . If not then they will have to create a debt for it or come
before the board and ask for it all at once .
RESOLUTION * E51 INCREASE NEPTUNE HOSE . f 1 INC .
EUDSET AMUUNT
Clm Corrigan offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board increase the Dryden Neptune Hose
O 1 Inc . request of $ 7 , 100 . 00 for a total of $ 114 , 400 . 00 for their
budget .
2nd Clm Hatfield Roll call vote
Supv Schug Yes
Clm Corrigan Yes
Clm Hatfield Yes
Roberts No
Clm Walbridge No
S upv Schug - the Etna Fire Dept . brought in their request for the
fire budget after it was worked up . They would like $ 78 , 700 . 00
and in the budget the amount is $ 72 , 000 . 00 .
RESOLUTION # 232 INCREASE ETNA VOLUNTEER
FIRE CU . INC . BUDGET AMOUNT
Clm Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board increase the Etna Volunteer Fire
Co . Inc , from $ 72 , 000 . 00 to $ 7' 8 , 700 . 00 for their budget .
End Clm Robert s Roll call vote - all voting Yes
Supv Schuq - ambulance contract ' - the operating budget was
increased to $ 66 , 000 . 000 . When you receive bills for the building
they should be submitted to the town for reimbursement even for
the construction costs . There is $ 40 , 000 . 00 from last year that
has not been touched .
B rad Perkins -- the $ 405000 . 00 stays in tact and $ 40 , 000 . 00 for
this year . They will be letting out the bids for the building
next week and by the end of November they hope to have the
contract awarded . They think that in 1991 their new building
TRIO - 23 - 9C1 page 6
4 expense including heat and lights will probably be closer to
$46 , 000 . 00 or $ 47 , 000 . 00 . They had put in their budget $ 46 , 950 . 00
for the building , and for the operation of the ambulance
$ 79 , 075 . 00 . He feels that they are going to be short on their
f uel budget even th '_" ugh they increased the amount . The repairs
f or the ambulance every year overwhelm them and they have to keep
it in operating condition and did not feel that there is any
extra padding in the budget . They set money aside every year in
restricted acc '_' unts so that when they have to purchase a new
ambulance they can do that with cash . The last one they bought
was $ 72 , 000 , 00 and the projected cost in 2 years would be about
$ 12451000 . 00 . He would like to see the ambulance contract increased
from S66 , 000 . 00 to $ 79 , 000 . 00 .
S upv Sbhug - back in 1985 you received $ 88 , 500 . 00 and part of
that was to help pay for the third ambulance . That is why the
budget dropped to $G0 , 000 . 00 for operations with what your
operations were requested . The town gook the $ 40 , 000 . 00 and out
it wide .
B rad Perkins -- they have been spending their reserve to keep the
ambulance going and the cash flow is depleting . In order for them
to maintain a positive position and save for the replacement of
ambulances this is the amount of money that they will need , They
h ave had in the past with the town board a gentlemans agreement
that the town will fund the ambulance and they will provide the
volunteer help .
RESOLUTION # tbh INCREASE NEPTUNE HOSE CO . # 1, _ INC
AMhllhhhCF hhhhhT
Tim Hatfield offered the following resolution and asked for its
adoption :
hhhllhVED , that this Town buer~ d increase the Neptune Hose CID . # 1
Inc . ambulance fund from $ 66 , 000 . 00 to $ 72 , 500 , 00
E nd CIm Corrigan Roll call vote -
Cie Roberts Yes
hie Hatfield Yes
h im Corrigan Yes
S xpv Schup Yes
h im Walbridge Nc
as f
T810- 23 - 90 page 7
FURTHER RESOLVED , that the Town Clerk of this Town Hall shall
prepare and certify in duplicate copies of said annual budget as
adopted by this Town Board together with the estimate if any ,
adopted pursuant to Sect ion 202a of the Town Law and deliver one
copy thereof to the Supervisor of this Town to be presented by
h im to the Board of Representative of this county .
2nd Clm Roberts Roll call vote - all voting Yes
There was some discussion about George Junior Republic not paying
a fire tax rate .
Clint Cotterill - up until the time Frank Spero left , GJR did pay
a fire tax and with the new administrator they have refused . They
h ad a fire at the republic the other day and Henry was informed
that the state is not responsible for the building code
inspections at GJR except on the school buildings . The Town of
Dryden has to take over any building inspections that are not
state owned . If the state does not claim the buildings that are
n ot part of the school then it seems to him that there should be
a taxable base .
S upv Schug - Henry should get the name of the person that told
h im the town was responsible for the buildings . He should get a
list of all of the buildings that do not belong to the school and
w e can figure out a taxable figure .
® Supv Schug - he has asked the state what has to be done to lower
the speed limit and also get some blinking lights by the high
school to reduce the speed . They are going to request a speed
✓ eduction to 25 MPH . He has asked the two villages and the school
f or resolutions ins to that effect .
RESOLUTION # 255 REQUEST LOWER SPEED LIMIT
ON ROUTE 38 BY DRYDEN HIGH SCHOOL
Clm Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board request a reduced speed of 25 MPH
by Dryden High School from the intersection of Route 38 arid
S pringhouse Road and the intersection of Route 38 and Route 13 .
2nd Clm Corrigan Roll call vote - all voting Yes
411
aaam.
TES1O -23 - 90 page 8
® DISCUSSION - Mark Stevens special permit
Mark Stevens - agreed to all of the decisions except # 21 since
the applicant obtained a permit for a private garage and since a
private garage can be constructed in a R -D Zone only in
connect ion with a dwelling , the house at 24 Oak Brook Drive and
the private garage ( the western most 42 ' x 96 ' building ) on the
above survey map cannot be sold on separate parcels . Parcel A
and Parcel B are considered to be one parcel and shall not be
d ivided or sub - divided without obtaining sub - division approval
f rom the Town of Dryden Planning Board . Also # 22 no building
permit shall be issued until the applicant submits written plans
f or all conditions imposed herein which require further approval
and until all such plans for such conditions which requires
f urther approval have been approved by the Town Board and the
Town is in receipt of the list called for in paragraph 7 . If
these are deleted he will say yes .
Mark Stevens - # 21 these are 2 separate parcels and the house on
24 Oak Brook is a saleable lot with 11 . 81 acres . The special
permit has all 3 buildings and that is what he is applying for .
Clm Walbridge - but the garage that you applied for was to be a
garage to your house .
® Mark Stevens - no , it goes with the building permit for 44 Oak
B rook Dr . That goes with the building permit which is where this
is at .
Atty Perkins - it couldn ' t because you can ' t get a building
permit for a private garage unless it is in connection with a
d welling .
Mark Stevens - the building permit was issued for 44 Oak Brook .
Atty Perkins - that does not exist .
Mark Stevens - there was no talk of that with the code
enforcement officer . A lot of people are building a house of
their own that put in the foundation or whatever and a storage
building to held their materials . On the building permit that he
applied for was # 44 and the 3 buildings are together on a special
permit and that is what is on the plans .
Atty Perkins - he did not think that was the understanding of the
board and that the 3 buildings are subject to a special permit .
Mark Stevens - on the 12 . 81 acres and everything that has been
d one on the plans is the 3 buildings , not 2 and then 1 on my lot .
Clm Walbridge - on # 5 which is our statement that a private
garage permit was issued in error and based upon the incorrect
interpretat ion .
Rai
TB1O- 23 -- 90 page 9
® Mark Stevens - this was not his error because he applied for the
3 buildings together and that is what he would like to have . The
h ouse that he lives in is 24 Oak Brook Dr . This will sell as a
private lot because it already has a garage . If he sells that he
would like to keep the other 3 buildings .
Cim Corrigan - you plan on building the one structure that you
h ave already started and two other warehouses , no other house .
Mark Stevens - that is correct . The reason he started his first
building was because he had applied for the permit in July and
the meetings were delayed and he had to get started before the
weather was bad . If it didn ' t go through at all he still needed a
garage and he needs two more to rent . He does not want this
garage to be on the same parcel as his house , because at some
point in time he could sell the house he now lives in and it
already has a garage . He wants to keep these three buildings for
h imself . The house permit for that parcel will be surrendered if
the permit is approved for the three buildings .
Clm Roberts - legally you have just one lot and you are stating
that you are going to split the two .
Mark Stevens - it is split right now , but not two separate tax
parcels .
Atty Perkins - all it is is one lot . If you consider the first
building you built as a private garage , which is what you got a
permit for then that building can only be constructed with a
d welling . The only dwelling that ties that building to is 24 Oak
B rook Dr . There is no such thing as 44 Oak Brook Dr . All that
d oes is give a projected number if there is a future road . You
only have one lot of 24 . 61 acres . You are the one that
represented it as a private garage therefore it has to be in
connection with a dwelling and the only dwelling is 24 Oak Brook
D r . If you were to build another dwelling you could sell one
d welling with the private garage or if you are telling us now
that this is not a private garage and that it is storage for
Cornell , then what you have done is build a building by
misrepresenting what the purpose of it was .
Mark Stevens - he would like this permit issued on the 12 . 81
acres and not where his house is located .
Atty Perkins - you would like your special permit application to
be interpreted so that it is for 3 buildings for storage
warehouses .
Mark Stevens - that is correct , one personal and two for rental .
Atty Perkins - you will give up this building permit for a
residence on this property if the storage buildings are approved .
Your projected plan now is one for your own use and two for
aaL/
Tb 1 O - 23 - 90 page 10
® lease . He is basically now trying to convert the one he built
from a private garage into a private garage and / or a warehouse
w hich he couldn ' t have gotten a permit before . It needs to be
clear on your permit what you are giving him the permit for . If
you are including all three of the buildings on the special
permit then he could sell those 3 buildings with 10 acres of land
w ithout sub - division approval and without a dwelling . If the
special permit is limited to the 2 buildings to be built you
could not sell the first building he built as a private garage
w ithout a dwelling and he would have to have 10 acres of land .
Atty Perkins - the special permit that you are asking for now is
for 3 storage warehouse buildings as shown on the print . It is
clear that if those are to be sold they can only be sold together
w ith a parcel of at least 10 acres of land . If you get a special
permit for all 3 of those with sufficient road frontage then we
are not calling the first one a private garage anymore and it is
n ot tied to 24 Oak Brook . Therefore , you could sel 1 24 Oak Brook
if you had sufficient road frontage and sufficient acreage .
Mark Stevens -- could not see any problem with that . He did not
agree with x# 22 no building permit shall be issued until the
applicant submits written plans for all conditions imposed herein
w hich require further approval and until all such plans for such
conditions which requires further approval have been approved by
the Town Board and the Town is in receipt of the list called for
in paragraph 7 .
Clm Walbridge - wanted to know what the problem was with that
condition .
Mark. Stevens -- you already have a letter from Cornell as to what
w ill be stored there and they are anticipating a lease .
Atty Perkins - all you have to do is show a set of approved
plans .
Clm Corrigan - when you read the terms and conditions that were
laid out that something would be contingent upon doing , do you
feel that in good faith you are able to meet all of those terms .
Mark Stevens - yes he was except , that he does not want the
parcels hooked together and have it for the renter or him to come
to the town and say what they are going to do and what they are
going to put in it .
Clm Walbridge -- you have not given us a drainage plan yet and
that needs to go to the town engineer . We are asking you to make
sure the ditches and siltation coming from the bare ground will
n ot cause a problem that is why we want to see the plans .
•
225
TB1O - 23 - 90 page 11
® Mark Stevens - we went through that because George and Charlie
w ere up there .
Clm Walbridge -- we need it written down and it is your job to do
that . We need the plans so that the town engineer can look at
them . We also need plans for a buffer zone .
Mark Stevens - the art museum said that they will not put
anything in writing until the building is up because they do not
know what they are leasing .
Atty Perkins - all # 7 is that the applicant shall obtain from the
tenants of both warehouses a list in detail of all items proposed
to be stored . All the board is looking for is a representation of
w hat is planned on being stored there .
Mark Stevens - you already have a letter from Cornell what is
going to be stored there .
Atty Perkins - then you will not have any trouble in submitting
that with all the other things that need to be approved . The
concern is at least having a representation about what is
proposed to be stored there and this is tied in with # 9 in
prohibiting the storage of toxic or hazardous materials . If it
turned out that something else was stored there other than what
® was represented you would have grounds for revocation of the
permit and you need a benchmark to start with .
Clm Corrigan - the art museum could at least give you a letter
that would not bind them stating that if they plan to use this
building this is what will be stored there .
Mark Stevens - it is getting late and Cornell is looking for a
place to store things . He is not going to guarantee Cornell will
be leasing these buildings forever . He thought that it should be
legal storage and # 9 already states what you can ' t store there .
He could see no problem with having it as a condition that the
zoning officer would be allowed to inspect the warehouses to make
sure the everything was legal .
Atty Perkins - proposed # 21 the special permit is issued for 3
storage structures shown on the survey map . These 3 buildings and
the land surrounding there may be transferred , sold or conveyed
provided they otherwise have sufficient road frontage and at
least 10 acres . The conditions of this permit shall follow along
w ith the land . The dwelling at 24 Oak Brook Dr . can only be
transferred , sold or conveyed provided it otherwise has
sufficient road frontage and at least 19 acres . The building
permit # 87 - 90 for a dwelling at # 44 Oak Brook Dr . shall be
•
aa (0
TB10- 23 - 90 page 12
surrendered by the applicant except as herein provided parcel A
and parcel B are considered to be one parcel and shall not be
d ivided or sub - divided without obtaining a sub- division approval
f rom the Town of Dryden Planning Board .
Mark. Stevens - that sounded all right to him .
Clm Walbridge - the board needs the landscape plan and drainage
plan so they knew what is being done .
Mark Stevens - the drainage plan on the lower side of the road of
6 . 6 acres you have it which is dated 11 - 24 - 88 and shows all of
the calculations and water flows . George has already looked at
everything on the lower side and was what he delivered at his
office .
George Schlecht - what he determined was the velocity in road
d itches by the road and what the depth was going to come to . We
talked about you submitting a drainage plan and you said should I
go out and do it now , but I told you that it would be up to you
and was not telling you to do it now . But , you could do it with
the condition of you submitting one . This was that if you were
turned down you did not go out and ask for a drainage plan ahead
of time .
Mark Stevens - okay this is not going any place he will just
4 forget the permit . He will keep the house and put the other 2
buildings on and sell the land to Cornell . So forget it and I
will probably put pigs down in front Dave . ( Mark Stevens left
meeting before discussion was completed ) .
Atty Perkins - you could consider this a withdrawal of his
application .
G eorge Schlecht - is the drainage plan meant to retain and
control the drainage with the additional runoff created by the 3
buildings or do you consider the additional runoff created by the
f act that the 4 or 5 acres were cleared first .
Clrn Walbridge - it should include both because he has denuded the
h illside and then came in for the building permit .
Atty Perkins - the first hearing for the special permit for Mark
S tevens was August 24th and the hearing was continued on October
4 , 1990 and October 23 , 1990 so you are required to make a
d ecision within 60 days from 10 - 23 - 90 .
S upv Schug - authorized Atty Perkins to write Mark Stevens to
inform him that if the Town Board does not hear from him within a
certain length time the board will regard that the application
h as been withdrawn .
iSupv Schug - received a letter from Karl Westerling that he has
been paying a large amount of money for sewer to the village
because he had a failure with his water meter . He would like to
a7
TB10 - 23 - 90 page 13
know if there was some way that he could get a credit since this
w ater did not go through the sewer system but in the ground and
since that time the meter and leak have been fixed .
Atty Perkins -- did not think that this would be the
✓ esponsibility for the town and would open up a new precedent .
RESOLUTION # 256 VARNA INTERCEPTER SEWER
Clm Roberts offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board approve the engineering plans for
the Varna Intercepter Sewer in the amount of $ 9 , 000 . 00 plus
d isbursements .
2nd Clm Walbridge Roll call vote - all voting Yes
Atty Perkins - would check to see if ELGAE Co . has submitted
t heir landscape plan to the site plan review board before any
action is taken regarding construction or access .
S upv Schug - would like to propose a full time person for help 3
d ays a week in the supervisors office and 2 days a week in the
zoning office .
Clm Corrigan - until a study is done of job descriptions she
IIP would not like to approve any full time people until there is a
h andle on what is happening .
S upv Schug - then a job description should be done right now and
n ot wait any longer .
Atty Perkins -- Margaret Joyce has agreed to give the Town of
D ryden a permanent easement across her property for the
installation of a drainage pipe and a drainage ditch where the
pipe ends and would like the town to agree to defend and
indemnify and hold her harmless for any claims that might be made
against her for her granting the easement .
RESOLUTION # 257 PERMANENT EASEMENT
MARGARET JOYCE - LOWER CREEK. RD .
Clm Walbridge offered the following resolution and asked for its .
adoption :
RESOLVED , that this Town Board to approve to defend and indemnify
the agreement with Margaret Joyce regarding the permanent
e asement .
2nd Clm Corrigan Roll call vote - all voting Yes
Adjourned : 10 : OOPM
• Susanne Lloyd
Town Clerk
1L4t^"P`&-. *tiL