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HomeMy WebLinkAbout1992-08-11V/ TOWN BOARD MEETING PUBLIC HEARING LOCAL LAW #2 - 1992 AUGUST 11, 1992 i SUpv Schug called the meeting to order at 7 e.�Opm SUpv Schug read the notice that was published concerning pri posed Local Law #2 - 1 992 to pr' restricting vehicles and mr. 1t izir vehicles froril property. r. iwned by the Town of Dryden. (copy i QUESTIONS AND /OR COMMENTS - none Closed public hearing - 7:40PM TOWN BOARD MEETING AUGUST 11, 1992 in the newspaper wide for the former railroad n minUte book) Supv Schug called the meeting ti -.i order at 7e40PM Members and guests participated in the Fledge of Allegiance Roll call was by Deputy Town Clerk Koelsch Present 0 Supv Schug, Clm Roberts, Clm Baker, Clm Hatfield, Atty Perkins and Z.O. Slater •Absent .m Clm Ci.-jrr i gan and Ti.- mr, Clerk L... l � �yd SUpv Schug appointed Clm Baker to audit the highway bills in the absence of Clm Corrigan Motion was made by Clm Robert s and 2nd by Clm Hatfield to approve the minutes of 7- 14 -92. Carried CITIZEN PRIVILEGE OF THE FLOOR Fran Prochazka - gave board members a letter requesting a zoning change r.in Rt 1 It is zr.ined residential at the present time and there is no interest in that location. She would like it changed to commercial like the other property in that locat ic:1n. She is only interested in charging the zi.ining to commercial for the one parcel that she owns, which is near the mobile home park since she cannot sell. it as a residential piece of property. I t was previously-all commercial prc.iperty alc.ing Rt. 13 until the 1970's. Clm Roberts - wondered if the whole area should be considered for a zoning change and rn_it Just one piece of property. Supv Schug - the Town Board will submit this request to the Planning Beard for their review and reqUest that they review it and return it to the Tr.iwn Board in the next month or so. 0 • • NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW NO., 2 OF THE YEAR 1992 LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main Street, Dryden, New York, on August 11, 1992, at 7:30 o'clock P.M. prevailing time, to hear all interested persons for or against a proposed Local Law which would provide for restricting vehicles and motor vehicles (except for authorized emergency vehicles and certain permitted vehicles used by handicapped persons) from that portion of the former railroad property owned by the Town of Dryden or under license to the Town and running from the Village of Dryden line southeasterly to East Lake Road . The local law provides for penalties for persons convicted of violating its provisions. The complete text of said Local Law is available from the Town Clerk 65 East Main St. Dryden, New York 13053. Town Board of the Town of Dryden by Susanne Lloyd, Town Clerk 0 r� U RESOLUTION NO. 139 - 1992 Councilperson Hatfield offered the following resolution and asked for its adoption. ACCEPT OFFER OF DEDICATION OF HARTWOOD ROAD WHEREAS, the Town of Dryden Planning Board has approved the subdivision for Precision Builders, Inc., Bruce Barkley, Ernie Bayles and Christopher Stoscheck, known as Hartwood Road Subdivision in said Town, and WHEREAS, the road to be designated as "Hartwood Road" has been partially constructed according to Town specifications and such construction to date has been inspected and approved by the Town of Dryden Highway Superintendent and has been inspected and approved by the Town Engineer, George Schlecht, and WHEREAS, the Town Highway Superintendant has issued his opinion in writing dated August 10, 1992 and the Town Engineer has issued his opinion in writing dated August 11, 992 as to such construction, and has estimated the cost to complete the required improvements and construction of the same to Town of Dryden specifications including the proposed Town road to be known as Hartwood Road and the siltation pond to be constructed on a portion of Lot #5, and WHEREAS, the developers have offered to dedicate said road to the Town of Dryden as and for a Town road prior to its completion, and have not yet furnished to the Town Attorney all the necessary documents and deed to convey the same to the Town as a Town highway, NOW, THEREFORE, BE IT RESOLVED by this Town Board that the road shown on the plans (8 sheets) entitled " HARTWOOD ROAD SUBDIVISION, TOWN OF DRYDEN, TOMPKINS COUNTY, STATE OF NEW YORK" made by T.G. Miller, P.C., Engineers & Surveyors, dated October 11, 1991 which plans are incorporated herein by reference, be and hereby is (subject to the completion of the conditions hereinafter set forth), accepted as a Town road and the same is to be added to the official Town map, and the Town Highway Superintendent is authorized to place the appropriate road signs thereon and to take any and all steps necessary to maintain said road as a Town road from the day the conditions hereinafter set forth are fulfilled, said road to be known as "Hartwood Road ". This resolution and acceptance of the road are specifically conditioned and contingent upon the following. 16 The developer is to pay all costs necessary in connection with filing of the map, deed and other documents including all abstract and related costs and reasonable fees of the Town Attorney in reviewing said documents and the sufficiency thereof and for _ their compliance with Town of Dryden requirements. • 2. That until such time as the taxable status with respect to said road is changed to reflect its use as a road, the developer pay all real estate taxes assessed on said road. • • 3. That the developer warrant materials and workmanship in the construction of said road for a period of one (1) year from the date of final completion of the road such date to be certified by the Town Highway Superintendent and such completion shall be deemed to occur not prior to the execution and delivery of a deed and other necessary title documents to convey the same to the Town. 4. That such acceptance shall not be effective unless and until the developers have furnished to the Town Attorney the necessary abstract of title, survey, road profiles and all required documentation to convey the same to the Town of Dryden and indicating a good and sufficient marketable title to the road and all of which is to be the satisfaction of the Town Attorney. 5. That the developer file with the Town Clerk a bond, cash deposit, other certified funds, or a letter of credit in the amount of $20,000.00 to cover the completion of all required improvements to said road, including the construction of the siltation pond on Lot #5 in said subdivision all such improvements to be completed by September 30, 1992. Such security be in a form acceptable to the Town Attorney and be for a period of not less than one (1) year. The developer shall be responsible for compliance with all conditions and costs of completion and acceptance by the Town if the amount of the letter of credit is not sufficient to cover the same. 6. That the Town will have until August 1, 1993 to draw against the security posted by the developer if the developer defaults in any of the requirements or conditions of this approval. 7. Title to the proposed road shall be conveyed to the Town on or before the final approval of the aforementioned subdivision plat and its filing in the Tompkins County Clerk's Office. The completion of all required improvements to be according to the Town of Dryden Specifications and certified by the developer's engineer. Seconded Councilperson Baker. Roll call vote - all voting Yes "T88 12 -92 page • I=ran prochazka - if there is a public hearing she wi::tuld like to be notified ahead -.if time since she has t o come from Baltimore, Maryland and her fall teaching schedule starts early in Sept ember. Bruce Barkley - asked the Town Esc Jard to � accept are escrow account so that he carp set Up his subdivision filed with the county clerk. Since the last meeting he was issued a b1_iilding permit so he could proceed with one of his ci..ist� mers. The road has progressed, but the weather as held him back. At t y Perkins - the board members have a letter fr0m Hwy Supt Gilbert and Engineer Sch1echt regarding the status i.-if the completion of Hartwood Rd. RESOLUT l OIL #k 139AC *CEP - *, f OFFER OF DEDICATION OF HARTWOOD ROAD ^ Clm Hatfield offered the following resi_Ilutic.ln and asked for its adopt ionno (copy in minute book) 2nd C 1 m Roberts s Ro 1 1 call vote - all voting Yes {hark Allen - he has heard from C 1 rn Roberts that the Town Board is ciz ins i der i ng to rescind the snowmobile ordinance. He would like the board to know that he is totally ly against rescinding this • ordinance. He is a representative of the New York Snowmobile Coordinating Group and he is the coordinator in Tompkins County. He also �, belt_1rigs to the Dryden /Carol ire Snowmobile le Club. He does feel that the present snowrin -.1bi le ordinance does need sortie updating from 1972. He would not like to see this rescinded and if anything strengthened. There are plans for a statewide corridor system. Statewide being vi_Jluritary m unicipal it ies, clubs and non state i nvi.- i 1 ved trails. Supv Schug - the reason this was decided was a recorimendat ion from our insurance carrier. Atty Perkins dues riot feel from a legal standpoint the town holds any additional liability i f a road is used fi �r snownllW1bi 1 ing. Maybe you could work with Clr1i Roberts and go over the list of roads that are used in the Ordinance and change the ones that are more heavily traveled and add sortie that are not heavily traveled. Mark Allen - or, the insurance issue, NYSCG has an insurance carrier which makes insurance available to each club for designated trails, which will eventually go to secondary trails. Such as they have in Tompkins County primary trails will hold a policy of r. 1ne million di_111ars. He has been in NYSCG fc-ir., 5 years and has never been able to make town rlleet ings, but he has been to the county planner sue.i they do knew that the club exists. He is having trouble in getting the snowm� 1bi lers r. irgani zed in Tizimpkins COI_int y. There has been art increase of snowrilob i l e registration over the last 7 years. vl i 0 • 7�3 T88- 11 -92 page SI_apv Schug - appointed Clm Rr.iberts to go over the list izif roads in the present sric. mmobi le ordinance with Mark Allen. COUNCILMAN PRIVILEGE OF THE FLOOR j I Supv Schug - Clm Roberts requested that the town move forward � with Chris O' Conn Or' s suggestion and recommendation that the fire companies use Knox Di.- fixes at public buildings. Clint Co uteri l l had a question about ti_1wri liability. � Clint Critteri l l - he has a pri .-ibleri7 with mandating something like this. companies, He thinks but did that it is riot think a wr.inderful this should idea for use be mandated. by the fire Clm Roberts - he was asked to check into the liability quest ion, and Atty Perkins and our insurance representative agreed that the town has no liability. At this time he is reporting ing back that he is willing to continue on with the process if the board thinks that this is something that they should pursue. Clint Cot t er i 1 1 - the Dryden Fire Co .-impany is riot aware of any places having the knox boxes, but they have sent out literature t� � business and private individuals wh!, have automatic alarm systems. He has nizit heard of any being hooked up. Dryden is j making it available but they are riot pressuring anyone. Atty Perkins - the town would not be liable because we dc1 not provide the service. Supv fire Schug company - this ci Auld be a or suggested by recommendation that is made by the the zoning officer. Henry Slater - as far as he can find it is not required that you have a kn1::1x box, it is a voluntary program. � There was some discussion and the town board felt that the fire companies should work independently with the individuals instead of town legislation. SUpv Schug will nC it ify Chris O'Connor of the boards decision. ATTORNEY Atty Perkins - ACC franchise renewal - ACC wants a provision in their franchise that if the town grants the franchise to another cable supplier and any another s'_ippl ier of a television signal that the franchise terms riot being more favorable than they are with ACC. That is a change from the existing peal icy that the town has franchises non exc1Usive. The town has always reserved the right to grant other franchises. They are concerned abi_nut the telephone company getting into the business j.-jf supply television signals. They are cr.incerned that they will not be able to compete with there. From the towns pi pint of view there is n o incentive to get anybody else to provide that service. You are talking about a T98- 11 -92 page 4 utility that has a monopoly and there is no way that you can promote competition if you are br.iund by contract in a franchise with them to make surme that every franchise has the same terms. He would recommend that the gown reserves the right at arty time to grant additional franchises to anybody zin arty terms that we deem fit. Supv Schug - you have to � consider^ the cost to people along a road that would ni -.it meet the franchise requirement yet they have telephones that would never be able trJ have cable television without a big expense. The ether thing is that we have two telephone companies in the town that have the fibre i::iptics that would allow carrying the television picture through the phone lines into the home, which covers a gr.i od share of the town that is out in the rural areas. The town has to think about those people and ACC's pos i t i on. t.1 m Roberts - this w i l l also be a 1C.) year contract with ACC, so if the town decided to make arty other ciantracts the same, this will lock _is in for 10 years. The technology that we know about right now, but any technology t hat is developed riiay riot be available to the tcown. The 10 year contract is a recommendation of the state commissii_in and this is what we have been working with. 40 Clint Cot t er i 1 1 - when he was town supervisor there were many petitions from people wanting cab 1 ev i s i c,in where they lived and they begged for cable service. Sir. Baurle and himself both offered the cable company $29000-00 a piece to bring it up to their area. It is within 4 poles of Dr. Baurle's house and they absolutely refused, so he dyes not think yoU would be dueling the citizens .justice if you give the cable company exclusive rights. ACC has absolutely refused to extend service and this has been going ors for years. It has been a long fight and there are a lot of people in the rural area that Would have paid for it. He is still paying the cable company for the picture even after he has purchased a satellite dish. He does riot have arty sympathy for the cable company. He thinks that it time that the citizens got something frjr their efforts. Atty Perkins - he recr.immended that Clm Corrigan and Clm Roberts dime issue. back to The the committee beard for has worked their input out since all of this the was a rzither details. big You have wants would to keep the town be :in in mind to terms that it put in a that are is provision riot not more are exclusive that favorable arty other than franchise. franchise the terms ACC they have. RESOLUTION #140 ACC FRANCHISE Clm Hatfield offered the fi:illowing resolution and asked for its is adoptions RESOLVED9 that that this will 1 irilitat i ons. 2nd Clm Baker this Town Boards decision for ACC Franchise be a non exclusive franchise and there will Roll call vote - all voting Yes . -- S # is be no 9y v (Use this form to file a local law with 161 WASHINGTON AVENUE, ALBANY, NY 12231 e Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. 3' • a" . Dryden den Town of 0.111.......... y... . ........................................ ............................... ....................... Local Law No. ................. ...422 6. ... a .... .................. of the year 19 9,2.... relating to motorized vehicles A local law ................. (Ins ...... ert ............ Tikle .. ) ......................... ............................... ............................................... ............................... Be It enacted by the Town Board ........................ .........0..................... .............................. .............................of the (Name of Legislative Body) MOULM Townof ........ ........Dryden ....................... YMM CJ • .......................... %..a . I I I I . I I I I I ................ as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) cl) DOS -239 (Rev. 7/90) A i 11 SECTION 1. DEFINITIONS. For the purposes of this Local Law the following terms are defined as follows: A. Authorized Emergency Vehicles. Every ambulance, police vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance vehicle, service vehicle, hazardous materials environmental emergency response emergency vehicle and ordinance disposal vehicle of the Armed Forces of the United States. B. Motor Vehicle. Every vehicle operated or driven which is propelled by any power other than muscular power, except (a) an electrically driven mobility assistance device operated or driven by a person with a disability, (b) authorized emergency vehicles and (c) vehicles used by Town of Dryden personnel in connection with maintenance, repair and replacement. For the purposes of this Local Law vehicles shall also include a snowmobile, all terrain • vehicle farm type tractors, farm equipment, self - propelled machines and self - propelled caterpillar or crawler type equipment including off highway motorcycles, motorcycles, motorbikes and go- carts. c. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn. For further definition and clarification of certain words and phrases used in this section of this Local Law, refer to the New York Vehicle and Traffic Law, SECTION 20 RESTRICTIONS. No person shall operate any vehicle or motor vehicle (except authorized emergency vehicles), either licensed or unlicensed, on, over or along that section of Town of Dryden property commencing on the south line of the Village of I 0 • L.I • Dryden and extending generally southeasterly to the bounds of East Lake Road and intending to describe that portion of Town of Dryden property or property under license to the Town of Dryden from The People of the State of New York constituting a portion of Dryden Lake Park. The provisions of this section shall not apply to an individual who has been issued a permit by the Town Clerk of the Town of Dryden to use a vehicle or motor vehicle for transporting a handicapped person on, over or along such restricted property. SECTION 3. HANDICAPPED PERMIT: The Town Clerk of the Town of Dryden is hereby authorized to promulgate.rules and forms and permits for issuance to duly qualified regulations, handicapped persons to operate vehicles or motor vehicles in Contravention of the provisions of paragraph 2 above. SECTION 4. PENALTIES. Any person convicted of violating this Local Law on the first such conviction may be punished by a fine not exceeding $250.00 and by a period of imprisonment not exceeding fifteen (15) days. Upon a second such conviction of said person the fine shall not exceed $500.00 or and /or ninety (g0) days imprisonment and for a third and all subsequent convictions of said person the fine shall not exceed $1,000.00 and the period of imprisonment shall not exceed one (1) year for each such conviction. SECTION 5. WECTIVE DATE. This Local Law shall take effect upon its adoption and filing as provided by law. (Complete the certification in the paragraph thapplies t a to the fillnQ of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of the Town)PAMX of Dryden of 19 92 Town Board on August 11 was duly passed by the (Name o gee atrve y l9 —, in accordance with the applicable provisions of law. (Passage by local legislative body with approval, no disapproval or repassage after disapproval .ky the Elective Chief Executive Officer'.) I hereb certify that the local law annexed hereto, designated as local law No. of the (Co ty)(City)(Town)(Village) of on 19 and was (approved)(not disa Name of vs ative o y —' disapproval) by the and was deemed duly ado tive Chief Executive Officer in accordance with the a icable provisions of law. / 3. (Final adoption by referendum.) � z I`hereby certify that the local law annexe of the (County)(City)(Town)(Village) of _ on Name of Legislative Body •disapproval) by the ereto, designated Olocal law No and was (app was on ,efL_ of 19_ ly passed by the )(repassed after 19_, of 19 was duly passed by the )(not disapproved)(repassed after 19 —. Such local law was submitted to the people by reason of a (man ory)(permissiv referendum, and received the affirmative vote of a majority of the qualified elector: oting thereon at the eneral)(special)(annual) election held on 19 —, in accordance the applicable provisions law. 4. (Subject to permissive referndum.) � I hereby certify tha of the (County)(C Brr dum and final adoption because no valid petiti was filed requesting ,t'fie local law annexed hereto, designated as local law No. f 19 )(Town)(Village) of o — on 19 was my passed by tile �-- ---- —, and was ( approved)(not disapprove epassed after disappro ) by the on 19 \ Elective Chief Executive Officer Such local law w per issive referendum and no valid petition requesting such referendum was filed as of i accordance with the applicable provisions of law. ubject to i 19� , 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or if there be none, the chairman of the county legislative body, the mayor of a city 4aws. r il lage, or the supervisor of a town where such officer is vested with the power to approve or veto local or ordinances. (2) 50��c local law concerning Charter revision proposed by petition.) I hereby certl hat of the City of the provisions of sec of a majority of the i 19_ the local law annexed hereto, lion 7) of the Municipal qualified el e of such city became operativ . ` designated as local law No, having been submitted to Home Rule Law, and having rece' voting thereon at the (spec' genera 6. (County local law concerning adoption o arter.) Of 19 ,ef dum pursuant to the affirmative vote election held on I hereby certify that the local law exed hereto, designated as local law No. of 19 of the County of , State of New Yor c, ving been submitted to the electors at the Ge Election of November 19 , pursuant to subdi ' ' Ps 5 and 7 of section 33 of. t unicipal Home Rule Law, and having received the affirmative vote of a major f the qualifie ctors of the cities of said county as a unit and of a majority of the qualified electors of the s o td county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. %.•ierx of one vounty legislative liW, City, own o illage Clerk or officer designated by local le sative body Susanne Lloyd, Town Clerk (Seal) 4 Date: August 12, 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF _TnM —DVTNR I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of tlo local law annexed h"eto, �Awa "W"" Mahlon R. P+kins Town Attorney Title l`.9u.lrcr7 of Town X�A Dryden Date: August 12, 1992 (3) 76.0- TBB- 11 -92 page 5 Atty Perkins - SCL I WC there were some procedural questions and • there were regulations that were in cc-inflict with the i nt ermun i c i pa l agreement which have all been worked out. He will have a proposed local law ready for the Sept. board meeting. i Atty Perkins - short executive sessir.in regarding George Shank and Roy Rizzo. Atty INTRODUCED Perkins - still waiting PERTAINING TO PIERMITSg..INSF'EC:TION from & FEES; UNDER THE the county regarding the qualified OTHER _UNIFORM LOCAL. LAWS � following abandonment of resolution Mineah and Read. Atty Perkins - gave beard members proposed zoning ordinance amendments and proposed local law for change in fee schedule t which were discussed in July. Effective 7 -1 -92 the Ti.-jwn Law was � amended. Previously, the only time the town board needed to establish a procedure about adopting ing an ordinance was when they adopted the initial zoning ordinance. Amendments were done as they were needed. Now, the town board mUst provide for a manner in which the regulat ions, restrictions and fillings .If such districts including any amendments thereafter shall be determined, established and enfi arced. This procedure which you must establish is sUb.ject to its i.iwn public hearing. Before the board car, cr.1ris i d er any z 1:: 1n i ng amendments he would like the town beard to appoint a committee to work with him to set up a procedure. The town br.iard would have to held a public hearing on that prop sal. After the board apprcves that, then you are free ! • to make the amendments. This does not apply to the local law having to do with the fees. 0 Y Supv SchUg - appointed Clm Baker, Z.O. Slater and Asst. Cotterill to work with Atty Perkins for procedures to follow for zoning changes. RESOLUTIOrd #_141 INTRODUCED PROPO_S_EI7 LOCAL_ LAW #t3 - 1992 PERTAINING TO PIERMITSg..INSF'EC:TION & FEES; UNDER THE FIRE PREVENTION __BUILDING CODE & OTHER _UNIFORM LOCAL. LAWS � following SCHEDULE PUBLIC ,ORDINANC:ES_g HEARING resolution and asked for its ad�.�pt i� �r�, (copy in Clm Roberts offered ads apt ion RESOLVED, that this proposed Local Law :.'rid Clm Hatfield the following rest.ilution and asked for its T• iwn Briard schedule a #u - 1 992 at 7 an ' 0PM or, Roll call vote public hearing for Sept. 8, 1992 - all voting Yes RESOLuT I ON RELATING #142 LOCAL LAW_ #B -• 1992 TO MOTORIZED VEHICLES � - Clm Roberts offered the following resolution and asked for its ad�.�pt i� �r�, (copy in minute book) 2nd Clm Baker Ri.il 1 call vote all voting Yes r rAMN T88- 11 -92 page 6 • Atty Perkins - reported :in the status � if the - enforcement of Town oa f Dryden vs Carlos Stetson and the Town o �f Dryden vs Irene Dennis. The town has obtained a .judgement from the Supreme Court Enjoining both of theril from continuing the violations ins on the property and ordering that they remove all of the offending material within 60 days of the service of copy of this with notice which was served on 8-10-92A '. Atty Perkins - Turkey Hill water and sewer update - he finally heard fro1ril the State Co1nlptroller's Office on the application pending before them. The State Comptroller has taken the position that the state law is different than what our bend council believes it is and different than what he believes it is and different than what he set forth in his opinir.in he sent to the State Comptroller. There is a legitimate difference of oopinion upon which reasonable at t oirneys or legal minds core_{ l d disagree. The State Cornlptrorller is saying that it doesn't matter if it is reasonable, they think. they are right. In order for get by that position he wr! rte to Senator James Seward. Senator Seward was kind enough for goy for bat for us with the Corrtlptroller, but they are adamant in their position and they are relying or, a Court c �f fppeals case called Hessler. There are two alternatives and one ; is tin. Dille the State Cormptrorller° on his decision not for approve the district or we can go back for the drawing board and have another referendum. Town Law says that only the r;wners of taxable real property within the district may vote. there is a Court of Appeals case from the mid 1970's called Wright vs the Town of Carlton. In section rn `09e Town Law was found for be U nc� r st i t ut i rna 1 and went to the Court of Appeals. It was found unconstitutional because 'D f the constitutional concept of One man and one vote. If you live within the proposed district YOU are affected by the outcome of the vote. Therefore, Wright stood for the proposition that all qualified electors, that is if you are registered tot vote arid live within the district, all owners of taxable real property whether you live there or not and all non qualified electors who are citizens and over the age of 18 arid j have lived there for 30 days are eligible to vote. In the mean time, the Court of Appeals decided a case called Hessler which Hessler involved different procedures under the Town Law. It had to do r with the cornsol idat iorn • rf two existing water districts in the Town cif Gui lderland. Hessler stands for the propo1sit ic.in that in that particular proceeding where there is nrzr effect on the users or people benefited by the water district it is okay to limit the franchise for only those owners of taxable real property within the district. They discussed Wright in the Hessler opinion and they did not over rule it. Supv Schug - there are 68 other proprwrsed water and sewer districts being held Lip for the same reasi.-in. The board could sue the State Coimptrorl ler which will take about iii years or we can have another her vo rte of just tst property owners. The town could have another meeting with .just the people who live in the Turkey Hill water and sewer area. This is the only thing we can do in a reasonable amount of time, oir we can do nothing. • 0 1'B8 -11 -92 page 7 Supv SchUg - we should schedi_il Turkey Hill water and sewer di vote to approve the water and Atty Perkins - has some propC amendments, the local 1 aw hav i ho rile park Card inance he will g i to the town engineer. e anot strict sewer ed cha rig to ve t C her public hearing and after the publ district. ages for the zoning do with fees and th board members after for the is hearing e mobile he talks �7 RESOLUTION _ #143 SCHEDULE PUBLIC HEARINGS FOR PROPOSED LOCAL LAW #4 SEWER USE REQUIREMENT AND LOCAL LAW #5 LOCAL POLLUTANT LIMITATIONS � Clm Baker Offered the following resolution and as adC apt ion: RESOLVED, that the following local laws be introd schedule public hearings: Local Law #4 Sewer Use 7 :40PM or, September 8th and Local Law #5 Local Pl Limitations ins at 7:50PM Ciro September 8th. 2nd Clm Hatfield Roll call vote - all vot TOWN ENGINEER ked for its aced and Requirement at 11utant ing Yes George Schlecht - update of Official town map will be Can computer to show all of the reads that exist. NYSE &G is doing a computerized map � �f Tompkins County and is being done with the cooperation of the county. This should be done within 6 mi. -inths to a year arid will be made available directly to the town or through the cC unity. George Schlecht - AbbCAt Rd. there are a couple of issues, one of which there are two parcels that parallel the proposed road and adjacent properties. One parcel is a strip that is to be retained � by someone, thus cutting off access from that property to the proposed road. The board should consider this. The map is drawn with a 6.0 foot strip and the reserved strip Can a map is mute as far as to what the intention is along that strip. The rather parcel is adjacent to the proposed road and what would be the WHCU building. Supv Schug - we should have access all along the road with no interference. ZONING OFFICER - monthly report given to board members. He gave board members copies of possible approval for CO Jerina' s Restaurant. Glebe's are giving hire a time table of completion on some major issues and asking for some relief Can some of the Cutler issues. • CI Date: AugList 6th, 1992 T James Schur], Dryden Town Supervisor 65 East Main Street Dryden, New York 13053 From: Henry M. Slater, Z_i_1ning & Building Cede Enforcement Off. 65 East Main Street Dryden, New Yc qrk. 1.3053 Sub. a July ' 92 Z ning Building Enfl_1rcement Activity Dear Jim: Building Permits Issued, (13) which are described as f o 11 ows. A -1 New Starts (`:) A -1 Demolish & Rebuild Single family horne (1 ) A -1 Single family, Convert, Extend or Reny ovate existing Home Sites to Living Area (`) C -4.1 Erect Private Garage (5) C -7 Miscellaneous ( 3 ) Private Swimming Pr.-Ic_i1 (2) Erect arid attach exterior private home deck. (1) Certificates _if Occupancy and Compliance. Certificates of Occupancy (2 ) Tempi Crary Certificates of Occupancy (0) Certificates of Ci .-Impliance issued. (`) Fire I rivest i gat i runs. There was (1) Fire Investigation conducted, which was another st rUct _ire fire. It will require demolition & disposal. MUltiple Residence Inspections (1) Fire Safety Inspections of Public/Businesses (2) Horne Day Care Fire Safety Inspections (1 ) Zoning R: :lard of Appeals Hearing Req nest s e (1 ) A pry Bpi :1sed Ni.- Ft i ce If Decision is attached.* • • • Page 2 # I Although W i 1 c� •x Press continues under a Temps::irary C.O., progress is being made. ]he Uccupancy v i o 1 at i on nas been resolved. On July 320th, a plea of guilty was entered by Wileox was assessed that this action Press by the would Dryden Attorney. A Town Court. clear the way fine to It close of would $ '44Cr.00 appear out this pro.j ect . #2w Jenna' s Rest aUrant • a 1 so continues under a Temporary C. O. which we have urged the owners to complete by summer's end. Fc-jr the purpose of review, Engineer Schlecht and myself visited the site. During this review, we noted several inconsistencies within the approved site plan. Since neither Engineer Schlecht or myself had authority to approve site changes, we suggested that Jenna's owners appear at the next Town Board Meeting to request approval of such changes. /w 9& Henry M. Slater cc : A 1 1 Dryden Town Board Members t anne Lloyd, Dryden Town Clerk Mahlon Perkins, Dryden Tr. iwn Attorney NOTICE OF DECISION TUESDAY JULY 70 1992 • A public hearing to consider the application submitted by EDWARD STEH of 305 Oak Avenu, Ithaca, New York to obtain A variance to construct an Accessory Structure without first having a primary structure on their property at or about 11 Dodge Road, Ithaca, New York: He is requesting a variance to Section 500.1 + Appendix A of the Dryden Torn Zoning Ordinance. A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday, July 7, 1992 with members presents Chairman Francis DiTommaso, Dominic Bordonaro, Joseph Jay; Alan LaMotte; and Ann Everett. FINDINGS: i. The primary structure was not scheduled to start for three to four years. 2. No-building permit for the primary structure was on file. A motion was made by Ann Everett that Edward Steh of 305 Oak Avenue be denied the variance as requested. Second to the motion was made by Joseph Jay. VOTE YES (5) F. DiToAmaso; b: 96 ^donaro, J. Jay, and A. LaMotte NO (0) ABSTAINED DECISION: VARIANCE DENIED 6 r A. Everett Respectfully submitted, Francis DiTomieaso, Chairman `t'S %8 1I -9w page 8 • Mr. Glebe - requested that the parking lot 11M1cat ilzin and .landscaping be changed fri.-im originally submitted. Since parking lot is not blacktopped at this time people are closer to the building than was originally proposeds the parking The board went 1 -Dver all -.if the cond i t i � ins o 1 . & 2. The final grading w i l l be completed by 8- 31 -92. They have a few mounds of topsoil remaining that they are using for their landscaping needs. When the landscaping is finished, the topsoil mounds will be depleted and smoothed out. They are meeting with Ron Cornell to � go over the ci xiiplet ion of their grading. His Opinion cIf the rip rap of stone is unnecessary. By simply planting grass � �r ground foil will ci.- tritrol any erosion that might ,_Iccur. - Boards decisic.in - grade to final coritc. curs is all right to eliminate the rip rap. 3. The parking lot design changed primarily due t0 the parking habits imif their patrs :ins. They found that they want to park as close to the building as pi_Issible. The have the same amount of parking, but just rearranged. - Boards decision - the change in the parking is all right 4. The landscape plan has been changed to coincide with the new parking 1c1t design. - Beards decision - all right to dr.i. • `,. Secondary driveway was established by the trucks hauling fi11 for the Village of Dryden bridge project. They asked them rn_it to use their newly paved driveway. He called NYSDOT since he does not own that ar ^ea and canna -.1t put up any type of barrier. He suggested that the state put Lip a few of their deer reflector p��les. - B� yards decisi� �n - must be eliminated by best ri7etht.-id pr.issible. G. They moved the patio area more t� � the front c- if the building. Board decision - this was all right to change. 7. They talked with NYSDOT about their original driveway and they found that JUSt a simple 37 feet paved driveway was adequate because of the growing number i_If tractor trailers entering the lot. Any type c -if median would become a hinderance to their maneuverability. Any lanes that are painted in are gone in the winter. The traffic flow cif our large driveway has been working fine with n o problems entering izz it exiting. NYSDOT inspected their driveway Dn July 8th and found it to be satisfactory. - Boards decision - Supv Schug, - if the state says that the median does rn: 'l'E{8 -11 -9E page 9 George Schlecht - if the state says that they are nn.-It going to do • anything with the ditch then John Glebe will have to repair it. It is a potentially dangerous situation and he di_Jes riot care what the state says, it shi Auld be cleaned up. • • Att_y Perkins - the issue is t• i get rid of the temporary driveway and be in compliance as clrisely as possible at this stage to the site plan review. Z.O. Slater be ni awed. It - sent was in Wile,,x Press the approval a written that request it be that rni_med twice the mound during the growing 40 KEY DIESEL season and at this time it has not been mowed. HIGHWAY SUPERIN- rENDENT Crandall Truck. & Equipment a l si -.1 gave a firm price of $50.00 a ton for remr.lva 1 i_i f any cont am i rat ed so i 1. RESOLUTION # 144 ACCEPT LOW BIDS OF 1 70i y GALLON GASOLINE ABOVE _ ,1�i THE GROUND ; i a,.i �t_)i y GeLLC1L D I ESEL __T''ANK _1 -ABOVE GROUND TANKS :C?_ KEY ._ GAIDOL_I NE PUMP U 40 KEY DIESEL PUMP AND REMOVAL. OF UNDERGROUND TANKS Clm Roberts offered the following resolution and asked for its adopt ions RESOLVED, that this T•iwn Board accept the following low bids: Bid #1 - 19000 gallon gasoline tank, Crandall Truck. & Equip for $3, 168, 0 7 a Bid #mow - 10,00C) ga 1 1,zon diesel tank, Cortland Plump & Equip. Inc. for $16,336.32, Bid #3 - 20 key gasoline primp, Crandall Truck & Equip. fi_Ir $3965000009 Bid #4 -- 40 key diesel pump, Crandall Truck & Equip. for $3,550.005 Bid #5 - removal of underground tanks, Crandall Truck & Equip. for $4, 5CY) also a firm price of $50.00 per t• in fr_ir removal :if any contaminated soi 1. 2'nd C l m Hatfield Roll call vote - all voting Yes CORRESPONDENCE Letter from Jack & Helen Fi -ird - on behalf of the residents cif Oak. Brook Dr. thanking the town for the prompt attention given to their problems. They are still unhappy with the trash bl_ii ld up behind Shew Furniture and this is are on going problem. SUpv Schug Henry and Clint will keep an eye on this trash build up problem. Letter from Learning Web Dryden Police report T. 0 E 0 TB8 -11 -9E page 10 DISCUSSION Supv Schug - Letter, from Team Bonn who is -.In the Citizens Advisory Committee - his term expires in 1 393. Since he is mewing out of the area he will serve on the committee as long as the town wants him to. Supv Schug - Cortland land Rdu water district - is mewing forward and there are still some questions that have to be answered. There is more engineering work to be dune to finish up the project. RESOLUTION #145 APPROVE ADDITIONAL. MONEY . FOR CORTLAND_ ROAD WATER DISTRICT Clm Baker offered the following resolutir-in and asked fear its adoption RESOLVED, that this Town Board approve add i t i tana 1 mr.iney for �r Cortland Road water district not to exceed $5j0('.)('.).00 2'nd C l rn Hatfield Roll call vote -• all voting Yes SiApv Schug ° Clm Carrigan and Clm Hatfield audit town books before Sept 4th. Supv Schug - will check the status of the proposed cl.rltl.rral and recreation center. Insurance loss cant ro 1 report - available to board members RESOLUTION #146 APPOINT- CHAIRPERSON TO Z BOA Clm Baker offered the following resolution arid asked for its ads apt ion RESOLVED, that this to Zoning Board Town Board appoint Ann of Appeals to replace Fran Everett DiTommaso as chairperson who resigned. resolution and End Clm Hatfield Roll call vote - all voting Yes RESOLUTION #146 APPOINT ZBOA _MEMBER Clm Baker offered the fol l• iwirig resolution arid asked for its adoptions RESOLVED, that this T1 awn Board appoint vacancy gar, the Zoning Board of Appeals. End Clm Hatfield Roll call vote Charles Hanley to fill the - a 1 1 vot i ng Yes RESOLUTION #147 AUTHORIZE HWY _SUPT C I LBERTW TO ATTEND �HIGHWAY CONFERENCE - Clm Hatfield offered the following resolution and asked for its ads apt iori e RESOLVED, that attend the Highway pay expenses End Clm Roberts not this to Town Beard authorise Clanference frorii exceed $400=00 Roll call Sept. vote - Hwy 29th all Supt to voting Gilbert to Oct. 62nd and to Yes /0a • 0 TB8 -11 -9E page 11 RESOLUTION #148 DRYDE =N REPRESENTATIVE TO THE CITY OF ITHACA YOUTH COMMISSION Clm Hatfield offered the following resolution and asked for its adoption° RESOLVED, that this Town Board appoint Barbara Russell as the Town � �f Dryden representative to the City of Ithaca Youth Commission. End Clm Baker Roll call vote - all voting Yes FINANCIAL REPORT - available to board members JUSTICE REPORT - $89679.50 for the month of July RESOLUTION #149 APPROVAL OF VOUCHERS ABSTRACT #108 Clm Roberts offered the following mowing reso l ut ion and asked for its adopt ion: RESOLVED that the vouchers be paid as audited. Abstract #108 9 voucher #571 to 645 for a total of $361,955.51 2nd Clm Baker Roll call vote - all voting Yes Adjourned r, 10 a E� FPM Jane Koe 1 sch Deputy Town Clerk /d/ 1 I