HomeMy WebLinkAbout1994-12-13n
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TOWN BOARD MEETING
PUBLIC HEARING
ZONING ORDINANCE AMENDMENT
ELDER COTTAGES
DECEMBER 13, 1994
Supv Schug called the meeting to order at 7:30PM
Supv Schug read the notice that was published in the newspaper
concerning Elder Cottages. (copy in minute book)
QUESTIONS AND /OR COMMENTS
David Stoyell - was concerned about the time frame involved with
getting a special permit and public hearing for the elder
cottage.
Atty Perkins - it is a permitted use with site plan review which
is to protect the neighbors.
Jean Ryan - a person would know ahead of time if there would be a
need for an elder cottage so you would get your health department
approval and site plan approval ahead of time so that when the
time came you would be ready.
David Stoyell - wanted to know how long the approval would be
good for.
Atty Perkins - there has to be substantial start of construction
within one year.
David Stoyell - was also concerned about the language in terms of
eligible occupancy is for seniors who child or grand child
occupies the primary residence. He would envision the problem
coming up that if a senior couple was occupying it and the blood
relative predeceases the person who is the primary resident.
Technically they would no longer be an eligible resident and
wondered how the town would address that problem.
Most of the ordinances he has seen is worded or by marriage.
David Stoyell - concern about adding a maximum or minimum square
feet requirement. The state code requirement for a 2 bedroom
elder housing would be 850 square feet. They would allow 24 x 36
sq ft (820 sq ft). He would like to encourage the towns to make
it 820 square feet. In the proposed ordinance it is 750 square
feet,
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AMENDED
NOTICE OF PUBLIC HEARING
ZONING ORDINANCE AMENDMENT
TOWN OF DRYDEN
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden
will hold a public hearing on proposed amendments to the Town of
Dryden Zoning Ordinance which amendments would permit the placement
of Elder Cottages in certain districts by adding a new ARTICLE XI
to the Zoning Ordinance.
A
public hearing on the proposed
amendments will be
held at
7:30 P.
M., prevailing time at the Town
Hall, 65 East Main
Street,
Dryden,
New York on December 13, 1994,
at which time interested
parties
will be heard. This public
notice supersedes
a prior
notice
which inadvertently listed December 1 as the date
of the
public
hearing.
The proposed amendment is as follows.
"ARTICLE XI: ELDER COTTAGES.
Section 1101. Definitions
1. An 'elder cottage' is a separate, detached,
temporary one - family dwelling, accessory to a one
and two family dwelling on a lot erected and
occupied in accordance with the provisions of
Article XI of this Ordinance.
2. For the purposes of this Article, the term 'owner'
as applied to ownership of a principal building
shall mean a natural person
(a) Who owns at least a 50 percent interest in the
real property and related building, whether
individually or as a tenant in common; or
( b) Who
building w
entity as
entirety,
tenants or
interests.
owns the
ith no more
co -joint
in either
tenants by
real property and related
than one other individual or
tenants or tenants by the
event each of the co -joint
the entirety having identical
Section 1102. Elder cottages shall be permitted as accessory
uses, upon obtaining elder cottage site plan approval (herein
'approval') from the Site Plan Review Board and subject to the
following provisions and conditions.
1. Use Limitations: An elder cottage shall not be occupied by
more than two persons
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(a)
who shall
be
the
same persons enumerated on the
application
for
the
elder
cottage,
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(b) who shall be persons 55 years of age or older, and
• (c) at least one of such persons shall be a parent,
grandparent or great - grandparent of one of the owners and
occupants of the principal dwelling on the lot where the elder
cottage is located.
2. Dimensional Limitations.
(a) The elder cottage shall not exceed 750 square feet in
total floor area.
(b) Notwithstanding any other provisions of this Ordinance,
the minimum size of the elder cottage may be reduced to no
less than 250 square feet of enclosed floor area.
(c) The elder cottage shall not exceed one story in height
and under no circumstances shall the total height exceed 20
feet.
3. Location Requirements:
(a) An elder cottage shall, subject to the further
limitations of this Article XI, be located only on a lot where
there already exists a one- family.or two - family dwelling.
(b) No elder cottage shall be located within the front yard
® of any lot.
(c) No elder cottage shall be permitted on a non- conforming
building lot.
(d) No more than one elder cottage shall be located on any
lot.
(e) The placement of the elder cottage shall be otherwise in
conformity with all other provisions of the Zoning Ordinance
including lot coverage and side and rear yard setbacks.
4. Building Requirements:
(a) An elder cottage shall be clearly subordinate to the
principal building on the lot and its exterior appearance and
character shall be in harmony with the existing principal
building.
(b) An elder cottage shall be constructed in accordance with
all applicable laws, regulations, codes and ordinances, under
the New York State Uniform Fire Prevention and Building Code
as it pertains to factory manufactured housing or components,
in addition to complying with any other law, it shall bear an
Insignia of Approval issued by the N.Y. State Fire Prevention
and Building Code Council.
® (c) An elder cottage shall be constructed so as to be easily
removable. The cottage's foundation shall be of easily
removable materials so that the lot may be restored to its
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original use and appearance after removal with as little
expense as possible. No permanent fencing, walls, or other
structures shall be installed or modified that will hinder
removal of the cottage from the lot.
(d) Adequate water supply and sewage disposal arrangements
shall be provided, which may include connections to such
facilities of the principal building. If a cottage is located
in an area where electrical, cable, and /or telephone utilities
are underground, such utilities serving the elder cottage
shall also be underground.
(e) It shall be disclosed at the ti
the proposed inhabitants of an elder
If so, an adequate area for parking
expected number of cars.
5. Approval:
me of application whether
cottage will have a car.
shall be required for the
(a) The construction or placement of an elder cottage on a
lot shall not occur until approval for same is granted by the
Site Plan Review Board.
(b) The approval shall be for a period of one year (unless
earlier terminated as hereinafter set forth) and thereafter
may be renewed annually by the Code Enforcement Officer upon
receipt of an application for same provided that the
circumstances have not changed.
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(c) The approval shall terminate 120 days after
(i) the death or permanent change of residence of the
original occupant or occupants of the elder cottage, or
(ii) any of the occupancy requirements set forth in this
Article are no longer met.
Without limiting other indicia of a permanent change of
residence, continuous absence from the elder cottage of a
person for a period of 180 consecutive days shall be
considered to be a permanent change of residence. During the
120 day period following any of the events set forth in
subparagraphs (i) and (ii) above, the unit shall be removed
and the site restored so that no visible evidence of the elder
cottage and its accessory elements remains. If the elder
cottage has not been removed by the end of the 120 day period,
in addition to the existing sanctions in the Zoning Ordinance,
actions to insure removal may be taken, including removal and
salvage by the Town with a lien imposed to defray any costs
incurred. Such lien may be added to the real estate taxes
applicable to the lot on which the elder cottage is located
and collected in the same way as any other tax payable to the
Town.
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6. Procedure for Obtaining Approval.
• (a) The application for original issuance of an approval and
renewal shall contain such information as the Site Plan Review
Board and Code Enforcement Officer may require to adequately
review the qualification for granting the approval, but, for
an original application shall contain at a minimum.
(i) Name of owner of the lot.
Name of occupants of principal building.
Name of proposed occupants of the elder
cottage.
(iv) Age of proposed occupants of the elder
cottage.
(v) Relationship of elder cottage occupants to
owners and occupants of the principal
building.
(vi) Sketch plan or survey, which shall be drawn to
scale, showing
(A) location of all
structures, drive
layout of utility
® (B) proposed location
cottage,
existing buildings,
way, walkways and the
services,
and size of the elder
(C) proposed water, septic, and other utility
connections,
(D) proposed landscaping and screening if any
is contemplated.
(vii) Agreement to remove the elder cottage when it
no longer qualifies as such.
(ix) Consent for the Town to enter on the property
and to remove the elder cottage if the owner
fails to timely remove it, as set forth below.
(b) By applying for approval for the erection of an elder
cottage, the owner of the lot on which the elder cottage is to
be located, for himself or herself, his or her heirs,
successors and assigns, irrevocably consents to the entry of
the Town and its authorized officials and agents upon the
property, after notice and an opportunity to be heard before
the Site Plan Review Board, for the purpose of removing the
® elder cottage in the event the requirements for construction
or placement of same are no longer met, and further agrees
that any costs incurred by the Town i.n so removing the cottage
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shall become
a lien
upon the property
on which the cottage was
located subject
to
collection in the
manner set forth above.
(c) The granting of site plan approval for an elder cottage
shall be governed, in addition to the provisions set forth in
this Article, to provisions relating to granting approval of
site plans. The Site Plan Review Board shall have the
authority, in determining whether to grant the approval, to
review the site plan and apply the criteria relating to site
plan approvals that the Site Plan Review Board uses in
granting site plan approvals under Article XXIII of this
ordinance and in addition shall, before granting such
approval, make the following determinations.
(i) Whether Section 6(a) requirements have been
met.
(ii) Whether the location, the placement, and the
nature of the elder cottage will be in
conflict with the allowed uses of the zone or
neighborhood.
Whether such proposed placement will be more
objectionable or depreciating to adjacent and
nearby properties (by reason of traffic, noise
or disposal of solid waste) than the allowed
uses of the zone.
(iv) Whether such proposed placement will
discourage or hinder the appropriate
development and use of adjacent properties or
neighborhood.
(v) Whether such proposed placement adjacent to an
existing residential use shall be screened by
a landscaped buffer strip or suitable fence.
(vi) Whether health, safety and general welfare of
the community may be adversely affected.
(d) The Site Plan Review Board shall have the further
authority when granting approval, to impose such
reasonable conditions as the Site Plan Review Board may
deem necessary to minimize the impact of the addition of
an elder cottage upon the lot on which it is being
located as well as the neighborhood in which it is being
located.
(e) In addition to site plan approval
before placing an elder cottage on a lot
obtain a zoning permit and a building
permit is required prior to filing an
plan approval.
as herein required,
the owner shall also
permit. The zoning
application for site
Limitation on Extensions of Time to Remove Elder Cottage.
Notwithstanding any other provisions of this Ordinance there
shall be no extension of time for removal of an elder cottage
except that the Site Plan Review Board may, upon making the
• same findings that would normally be required for the granting
of a use variance, extend the time for removal of the elder
cottage for one additional six month period."
Susanne Lloyd
Town Clerk
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NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW NO. 2 OF THE YEAR 1994
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 December 13, 1994, at 7:45 o'clock
P.M. prevailing time, to hear all interested persons for or against
a proposed Local Law which entitled "A Local Law known as the
Dryden Sewer Districts Rent Law ". The proposed local law would
provide the basis of the charge of sewer rents, establish payment
dates, penalties for late payment and a method for enforcement and
collection of sewer rents, establish a formula for the calculation
of sewer rents lncluali
of the revenues from
Local Law No. 2 of the
Turkey Hill Sewer Distr
District #2 and to and
treatment services of
Facility. The complete
from the Town Clerk 65
g minimums tnereor ana provi.ae zor the use
ewer rents. This local law also repeals
year 1989. This local law will apply to
_ct, Monkey Run Sewer District, Dryden Sewer
future sewer districts which utilize the
the Ithaca Area Wastewater Treatment
text of the proposed Local Law is available
East Main St. Dryden, New York 13053.
Town Board of the
by
Susanne Lloyd, T
of Dryden
ler
TB12 -13 -94 Page 2
David Stoyell - concerns are size, relationship to property owner
and the timing for approval.
Supv
Schug - recommended that the
law be passed in
its
present
form
and take into consideration
the comments that
have
been made
and
at a later time hold another
public hearing for
the
changes.
Closed public hearing: 8:OOPM
PUBLIC HEARING #2
LOCAL LAW #2 - 1994
SEWER RENT LAW
DECEMBER 13, 1994
Minutes of public hearing #2 - 8 :00PM
Supv Schug - read the notice that was published in the newspaper
concerning Local Law #2 - 1994 (copy in minute book)
QUESTIONS AND /OR COMMENTS
Atty Perkins - the minimum will stay the same. This will extend
it to where you have a sewer user in the Turkey Hill sewer
® district who has connected to the sewer before the water is
available. They will still pay the minimum.
Closed public hearing 9:05PM
TOWN BOARD MEETING
DECEMBER 13, 1994
Supv Schug called the meeting to order at 8 :05PM
Members and guests participated in the Pledge of Allegiance
Roll call was by Town Clerk Lloyd:
Present: Supv Schug, Clm Baker, Clm T. Hatfield, Clm Co
Hatfield, Clm Roberts, and Atty Perkins
Absent: Z.O. Slater
Approval of minutes. Motion was made by Clm T. Hatfield and 2nd
by Clm Roberts that the minutes of board meeting 11 -2 -94, board
meeting 11 -9 -94, site plan review 11 -2 -94 and site plan review
11 -9 -94 be approved. Carried
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TB12 -13 -94 Page 3
COUNTY BRIEFING
Co. Rep. Evans - reported on the Caswell Road landfill and the
leachate problem. The county has increased the number of trucks
that they are using to remove the leachate from the landfill. It
is the opinion of the solid waste department that they will not
have another situation of overflowing of leachate on that site.
The solid waste department will be looking at alternate solutions
to leachate processing and hopefully to process it on site. At
that time they will look for a permanent solution of the problem.
In no way are there any plans to find a 10 year solution and the
11th year stick the town with the problem. They will look at the
overall solution in the spring and will be able to assure the
town that the solution would be permanent and be the
responsibility of the county.
Co. Rep. Evans - the county has passed their budget with a 4
percent tax increase. The
tax increase was lowered from 8.7
per
cent
to 3.8 per cent
and
then they added $31,000.00
to
the
public
works
department.
They will
get that increase
annually
in
hopes
they
will be able
to meet
the requirements to
maintain
the
roads.
This
does not provide
sufficient
money to fix
the six
bridges
give any
that
are currently
out.
Co. Rep. Evans - cat licensing has been delayed considerably. The
opinion of the Director of Public Health is that it has no
environmental value to improve rabies control. They have told the
® SPCA that and they are going to be taking the case to the Board
of Health on Jan 10th to try to convince them it is an
environmental issue. If this is an environmental issue that is
one thing, but if it is a way to raise money for the SPCA that is
completely different.
Co. Rep. Lane - reported that the shoulder machine with the Town
of Dryden, Lansing and the County was passed by the public works
committee last week reluctantly by the members there. There seems
to be concern of the county for this joint purchase. William
Mobbs was in favor, but Ward Hungerford had some concerns. It was
passed on the understanding that it would be on a trial basis.
Co. Rep. Lane -
reported that state law has changed with
respect
to foreclosure
of tax liens by the county. It was
4 years
before
the property would
go up for sale. Under the new
state law
the
time table has
been reduced to 2 years with the
exception
the
county has the
right to extend for farms and one
to three
family
residents up to
45 months time period. Starting
with the
1995
taxes three years
from that time will result in
foreclosure.
Commercial will
still be 2 years since the state
did not
give any
option for this.
Co. Rep. Lane - reported
the Rural
Affairs Committee has been
holding meetings and would
like to
thank
Supv Schug and the board
• members attending these
meeting for
input.
They hope to have a
report by the end of the
year which
will
identify the issues that
have been heard and talk
about priorities.
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TB12 -13 -94
Page 4
CITIZEN PRIVILEGE OF THE FLOOR
Bill Bailey - report given to the board members and went over the
insurance the town now has. He is recommending that he should be
advised by the town who they would like to give a request to. He
included in his packet to the board members an agent /broker
questionnaire. The insurance that will be reviewed is effective
6 -1 -95. He will obtain three competitive quotes for workman's
compensation and public officials liability. The town may also
hire a consultant who would write up the specifications and the
town would then send it to assigned companies.
COUNCILMAN PRIVILEGE OF THE FLOOR
Clm Roberts - gave board members information regarding farm fire
tax relief. The farmers who receive ag value assessment rather
than a high value assessment for their normal property tax, but
not for fire insurance. There is an option which two towns in the
county have opted for so far. The proposal would be to allow the
farmers to pay their fire tax on ag value rather than high value.
This would be just on land.
Atty Perkins - looked at the provisions in the ag and markets law
under 306 and it seems to him there is an omission that might
cause some problems for the Town of Dryden. The legislation
refers specifically to fire districts and ambulance districts. In
® the Town of Dryden we have a fire protection district, not a fire
or ambulance district. As it stands right now he does not think
the Town of Dryden has any statutory authority.
Atty Perkins - there is a McLean fire district and it would be up
to their governing board of the fire district to take the
necessary action.
Atty Perkins - will check on this and have more information by
the Dec 28th board meeting.
ATTORNEY
Atty Perkins - Abbott Road - hopefully he will have all of the
paper work within the next 10 days.
Atty Perkins - Enjoin Cortland Paving - there are discovery
demands which are overdue and outstanding which are promised. He
hopes to be making a motion for a summary judgement for some time
in January.
Atty Perkins - Brooktree Lane /Brown - this matter has been
resolved. Brooktree Lane /Sutton - is temporarily resolved to the
satisfaction of the highway superintendent.
Atty Perkins - A. Stetson contempt hearing is scheduled for Jan
13th
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YVV
Date:
•To
From:
Sub.
January 6th, 1995
James Schug, Dryden Town Supervisor
Henry M. Slater, Zoning & Building Code Enforcement Off.
65 East Main Street, Dryden, NY 13053
December 194 Building & Zoning Activity Report
Dear Jim:
Building Permits.
During the month of December 1994, 6 Building Permits
were issued and are listed as follows.
A -1 Extend the living area of an existing home (3)
C - -4.1 Erect a Private Garage or storage structure (E')
C -1 Renovate an existing office employee entrance (1)
Certificates of Occupancy and Compliance.
Certificate of Occupancy (14)
Certificate of Compliance (1)
Conditional Certificate of Occupancy (3)
Pub Iic ITIspections,
ZBA met
Investigations
during
Fire Safety
Regular session was to
hear-
Multiple
-the
Farm
Residence
December
Facilities
(6)
Business
request
only
Facilities
(1)
Decision
(3)
call
Home
during
Day
Care
chimney
Facilities
(0)
fire
Fire
ZBA met
Investigations
during
December, the
Regular session was to
hear-
for
-the
Farm
Month of
December
(1)
There
was
request
only
was approved.
(1)
Decision
fire
call
during
December
which was a
chimney
fire
which
caused
no
damage
to system.
Planning Board & Zoning Board Action:
The
ZBA met
twice
during
December, the
Regular session was to
hear-
the
State
Farm
Insurance
Company
parking lot reduction
request.
That
request
was approved.
A copy of the Notice of
Decision
is attached.
The second s
request of a
insufficient
fourth owner
was discover
attorney. T
request. Th
ession held on
property owner
public road fr
of record. Th
ed during the p
he ZBA did find
e Notice of Dec
12/22/94
who is
ontage.
e non co
reclosin
it appr
ision is
wa
sell
The
nfor
g re
opri
not
s to consider the
irrg the home with
applicant was the
ming frontage concern
search by the buyers
ate to approve the
yet prepared.
The Planning Board met and held a public hearing to consider
final approval of a 6 lot proposed Gulf Hill Road
Subdivision. After a careful review of the compliance of the
® conditions established during the preliminary review; the
Board did approve the plat.
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Page Two
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would
close
by
adding,
Now and
181
next
regular Town Board meeting
Building
receive
Permits
were
Annual
issued
during
1994
as
compared
with
the
144
issued
during'1993.
Sometime
between
Now and
the
next
regular Town Board meeting
you'll
receive
the
Annual
Report.
Very truly yours,
Henry M. Slater
cc: All Dryden Town Board Members
Isanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
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STATE OF
TOW -OF -D
In the ma
located a
fIEW YORK COUNTY OF TOMPKINS
RYDFN
tier of the appeal of
=Ns. Cc., , for the pr. opnrty
t
26 $mrzra. L0,4j . 1 r- ► -iACA
(Town of Dryden Tax Map Parcel No.
-------------------------------- - - - - --
1E@1EUW1E
arc 2 1 W4
CERTIFICATE
I, Mqro' V11ropos, chairperson of the Town of Dryden Zonfnq
Board of ]Appeals, do hereby certify, pursuant to Rule 6 of the
Rules of Procedure of such board, that the foregoing are the
findings of fact and decision approved by such board on
_,�«►�lam• >Z Co I T _.
Dated! Dryden, 11ew York
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NOTICE OF DECISION
TUESDAY DECEMBER 6, 1994
A public hearing
hearing
to
consider
conducted
by
an
application
no undesirable change will be
Board
submitted
Zoning
Appeals
by STATE FARM
INSURANCE
61710 -0001
CO.,
for
INC.,
a variance
of
One
to
State
reduce
Farm Plaza,
the number
Acting
Bloomington,
of
required
Varvayanis,
I1
parking
spaces for
applicant
their
is appealing
new
facility
Section
reduced.
at
1401.9
26
Barr
of
Road,
the
Ithaca,
Dryden
Town
NY.
Zoning
The
Ordinance.
A public
hearing
was
duly
conducted
by
the Town
of Dryden
no undesirable change will be
Board
of
Zoning
Appeals
on Tuesday
less
November
1;
1994 with
members
presents
and
all
Acting
Chairman
Mark
Varvayanis,
Charles
Hanley,
and Alan
LaMotte.
reduced.
FINDINGS:
AREA VARIANCE*
As IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN
THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY
PROPERTIES WILL BE CREATED BY THE GRANTING OF THE AREA VARIANCE,
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
1.
2.
By
allowing
the
a
lower
parking
number
no undesirable change will be
of
parking
spaces
less
neighborhood.
area is
paved
and
all
negative
impacts
of
paving
are
reduced.
By granting
the
of
area
parking
variance
no undesirable change will be
produced
in
the
neighborhood.
Be IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE
ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO
PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS
FINDS AS FOLLOWS*
3. Benefit sought is
the minimum number
method possible.
relief
from
of
parking
The
required
section
spaces
spaces
1401 which
a variance
number 48.
specifies
is the only
C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL,
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
® 4. Based on several
believes that 28
actually need.
years of experience the State Farm Company
spaces is nearly twice the number they will
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E.
Any other use by possible future owners of the property would
need to go through Site Plan Review.
Based on above findings 4 & 5 the requested variance is not
substantial.
D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT, THE ZONING BOARD OF APPEALS FINDS AS
FOL_LDWS
7. Based on the environmental assessment there does not appear
to be an adverse impact on the physical or environmental
conditions in the neighborhood.
E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED,
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
8. The difficulty is self created.
MARK VARVAYANIS MOVED TO ACCEPT THE FINDINGS.
SECOND BY ALAN LAMOTTE
YES ( 3 ) M. VARVAYANIS, A. LAMOTTE AND C. HANLEY
NO (0) ABSTAINED (0)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ALAN LAMOTTE MOVED THAT THE VARIANCE BE GRANTED.
SECOND BY MARK VARVAYANIS.
VOTE: YES (3) M. VARVAYANIS, A. LAMOTTE AND C. HANLEY
NO (0) ABSTAINED (0)
DECISION: VARIANCE GRANTED
113
TB12 -13 -94 Page 5
Atty Perkins - Howser vs Lok & Lim - all of the defendants are on
an extension of time to answer pending notice from the clients
attorney. This is trying to be resolved at the lowest possible
level. If Lok & Lim can work this out with Mr. Howser it will not
cost the town to much money on protecting the towns interest.
This is a mortgage foreclosure action which the Town of Dryden is
named as a party. It was brought by Ed Howser vs Lok & Lim who
are developers from the Boston area. They bought part of Ed
Howser's property and obtained sub division approval.
TOWN CLERK
RESOLUTION #227 APPROVE ELECTION
DISTRICT BOUNDARY CHANGES
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board approve the election district
changes for District #6, #7, #10 and establishing a new district
#11. (copy of map in minute book)
2nd Clm Roberts Roll call vote - all voting Yes
ENGINEERING
i
Dave Putnam - work has started for the Turkey Hill water and
sewer district. They have 600 feet of sewer installed and are
® working on Turkey Hill Road. A second crew will be brought in on
Monday to start on the water.
Gi
L
ZONING OFFICER - report given to board members
i
Supv Schug - State Farm Insurance variance has been granted by
the ZBOA regarding the parking spaces.
Supv Schug - scheduled a site plan review hearing on Dec 28th at
12 noon. (application from Tom Fitzgibbons).
0
HIGHWAY SUPERINTENDENT
Supv Schug - Hwy Supt Gilbert did review Star Stanton Road and i
the 1/2 mile distance will cost about $70,000.00. This section
goes through land where there is state forests and would still be
a seasonal use road. This project would be done over a 10 year
period to cooperate with the state forestry department. He would
propose to contact the forestry manager to make sure they are
going to spend some money on their road access.
1
Clm
Roberts
- felt we should
ask the state to
supply the material
and
the town
will supply the
labor to upgrade
the road since they
are
the ones
who wanted the
road upgraded.
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CLERK 273 -1721
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
HIGHWAY 273 -1656
February 23, 1993
PARKS 273 -8035
ENGINEERING 273 -1747
Donald Franklin
Tompkins County Assessment Director
Court House
Ithaca, NY 14850
Dear Mr. Franklin:
PLANNING 273 -1747 ZONING 273 -1747
Enclosed is a certified copy of Local Law #1 adopted by the Town
Board of the Town of Ithaca on February 8, 1993. The Local Law
adopts agricultural assessments on agricultural lands for fire
districts.
The Town Attorney, John Barney requested that I forward this Local
Law to you so that you would be able to prepare the necessary
adjustments on the assessments for these lands.
Also. enclosed is a listing by Tax Parcel Number of the
agricultural lands within the Town prepared by George Frantz,
® Assistant Planner.
Should you have any questions concerning this matter please do not
hesitate to contact me; or George Frantz at 273 -1721.
Thank you for your attention to this matter.
Yours truly,
Joan Lent Hamilton
Town Clerk
JLH
cc: Shirley RAffensperger
John Barney
George Frantz
Encs.
By
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2 - rg TOWN OF ITHACA
1 126 EAST SENECA STREET, ITHACA, N.Y. 148
50
TOWN CLERK 273 -1721
HIGHWAY 273 -1656 PARKS 2734035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1747
STATE OF NEW YORK)
COUNTY OF T09PKINS) SSOM
TOWN OF ITHACA)
I. Joan Lent Hamilton. Town Clerk of the Town of
York; do hereby certify Ithaca. New
that the attached Local Law No. 1 of the
Year 1993 a "LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON
AGRICULTURAL LAND FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS
OR SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICTS"
Town Board at a regiliar meeting held on February 8 adopted by the
and exact copy of the whole of such Local Law as adopted b true
Town Board at said meeting, Y the
IN W1171ESS WHEREOF, I have hereunto set my nd he
Corporate seal of the Town of Ithaca; New York this hand
February; 1993,
L/
Joan Lent Hamilton, Town Clerk
® Town of Ithaca
SCE
rr
�l ._- 3 1993
J I
[By
•
E
kk1st iius Corm to file a local law with the Secretary of State )
......�Ia0 111 il_GiI
Text of law should be given as amended. Do not include matter being eliminated and do n
use italics or underlining to indicate new matter,
of
�xxl� .
4' Ithaca
Townof ......... ...............................
FINAL
Local Law No. ... I .... . C(OPY
•-•••••••- • •... of the year 19 93.•
ADOPTING URA .
A local law .....DOI?TING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND FOR PURPOSES OF
CALCULATING ' • •• • 1.11.1•••
(Inert Title) ASSESSMENTS OR SPECIAL AD VALOREM LEVIEg. MeR. -FIRE
... 04.....40 ...................... _
DISTRICTS
Be it enacted by the .......TOWN BOARD
. ... ...............................
(Name of Legislative Body) ......................... .............................Of the
��`P.++ 4"x
Town
of
ITHACA
.................................................
...............................
................
as
follows:
(SEE ATTACHED)
-,� „
key
® (If additional space is needed, attach pages the same size as
this sheet, and number each.) ;
ne -7zo (anv. 7 /47n) (1)
i
I
L
LOCAL LAW NO. 1 FOR THE YEAR 1993
A LOCAL LAW ADOPTING AGRICULTURAL ASSESSMENTS ON AGRICULTURAL LAND
FOR PURPOSES OF CALCULATING BENEFIT ASSESSMENTS OR SPECIAL AD
VALOREM LEVIES FOR FIRE DISTRICTS
Be it enacted by the Town Board of the Town of Ithaca as
follows:
Section 1. Purpose. The Town of Ithaca is committed to
preserving agricultural lands for agricultural purposes. The State
legislature has, by Section 305, Subdivision 6, and Section 306,
Subdivision 5 of the New York State Agriculture and Markets Law,
authorized the governing bodies of local municipalities which levy
taxes for fire district purposes to adopt a local law permitting
the use ofgiiciilfiial a§ses'sineasts rather than full value
assessments for the purposes of calculating such levy. The Town
Board finds that such a local law would be advantageous in helping
the farming community to maintain its lands as agricultural lands
by reducing the cost of fire protection for those lands.
Accordingly; this local law is being adopted.
Section 2. Use of Agricultural Assessment on Lands Within an
Agricultural District. The assessment determined pursuant to
subdivision 1 of Section 305 of the New York State Agricultural and
Markets Law `shall be used for purposes of calculating the benefit
assessments or special ad valorem levies for the Town of Ithaca
Fire Protection District on agricultural lands within an
agricultural district.
Sectior
of an Agricu
subdivision
Markets Law
assessments
Fire Protec
agricultural
3. Use of Agricultural Assess
ltural District. The assessment
1 of Section 306 of the New York
shall be used for purposes of c
or special ad valorem levies f
tion District on agriculture
district.
ments on Lands Outside
determined pursuant to
State Agricultural and
alculating the benefit
or the Town of I thaca
1 lands outside an
Section 4. Applicability. The foregoing assessment
modification shall apply only to agricultural lands that have
qualified for the agricultural assessment in accordance with the
applicable procedures set forth in Subdivision 1 of Section 305 and
Subdivision 1 of Section 306 of the Agriculture and Markets Law.
Sectio.25 . Invalidity. In the
law is declared invalid by a court
validity of the remaining portions
declaration of invalidity,
event that any portion of this
Of competent jurisdiction, the
shall not be affected by such
Section 6. Effective Date. This law shall take effect as of
February 28, 1993 and shall be applicable to all assessment rolls
prepared for levying of taxes in the Town on and after said date.
d
kk..uu,t,iete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
OI hereby certify that the local law arindice'd hereto, designated as local law No.
f the (QX� X)(Town)(,VA� of 1 of 1993
on F .BRUARY 8 19 was duly passed by the
ame of Legislative o y 3 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Execdtive Officer %)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of of 19
on 19 was duly passed by the
ame of Legislative Boy ____, and was (approved)(not disapproved)(repassed after
., .
disa
pproval) by the
Eleettve C te[ xecuNve orficer• and was deemed duly adopted on
in accordance with the applicable 19—_,
PP provisions of law,
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of of 19
Name of Legislative Body on 19_, and was a was duly passed by the
( pproved)(not disapproved)(repassed after
disapproval) by the
Elective Chief Executive Officer• on 19_ Such local law was
40bmitted to the people by reason of a (mandator �
vote of a majority of the qualified electors voting the eferendum; and received the affirmative
19 g (general)(special)(annual) election held on
_, in accordance with the applicable provisions of law,
49. (Subject to permissive referendum and final adoption because no valid petition `vas filed re
referndum.) questing
i
I hereby certify that the local law annexed hereto, designated as local law No.
of the (County)(City)(Town)(Village) of of 19_
Name of Legislative Body on l9 was duly passed by the
and was ( approved)(not disapproved)(repassed after
disapproval) by the
Elective Chief Executive Officer- On 1 9_ 1 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of
in accordance with the applicable provisions of law,
'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 legislat]ti-e body, the mayor of a cif
or village, or the supervisor of a totivn where such officer is vested with the power to approve or veto local
I s or ordinances.
(2)
n
_._ PIk JI by petition.)
I hereby certify that the local law annexed hereto, designated as local law No.
Of the City of
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received of l9
having been submitted to referendum
o a majority of the qualified electors of such city voting thereon at t pursuant to
g i ed the affirmative vote
19_; became operative. he (special)(general) election held on
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No.
of the County of
the electors at the General Election of November of 19
section 33 of the Municipal Home Rule Law, and havin received 'State of New York, havin
g been submittedd to
qualified electors of the cities of said county as a unit and 19 pursuant to subdivisions 5 and 7 of
of said county considered as a unit voting at said general g a m the affirmative vote of a majority of the
of a majority of the qualified electors of the towns
g al election, became operative.
(If any other authorized form of final adoption has been-followed, please provide
an appropritate certifiratiori.)
I further certify that I have compared the preceding local law with the original
the same is a correct transcript therefrom and of the whole of such original local
in the manner indicated in paragraph 1 on file in this office and that
above. law, and was finally adopted
(Seal)
er designated by local legilsative bodylage C er
Date: February 11, 1993
(Certification to be executed by County Attorney, Corporation Counsel,
other authorized Attorney of locality.) Town Attorney, Village Attorney. or
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct tex
proceedings have been had or taken for the enactment of the lo. 1 1 annexed hereto. and that all
proper
/`. � la, w
Signature ! _
/TOWN ATTORNEY
Title
. ,• 1 of
Town ITHACA
Date:
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TOWN OF
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ELECTION MAP
REVISIONS
Feel
D o0o z000 3000 +000
FiFPai.G q
EGNER 9 NIEDERKORN ASSOC, INC.
5168
7-18 74
9 -12 -85 Will
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FINGER LACES AREA
THE PREPARATION OF THIS MAP WAS
FINANCALLY AIDCO THROUGH A FED-
ERAL GRANT FROM THE RAIN RENEWRA
ADMINISTRATION OF TNE NGUSINO NO
HOME FINANCE AGENCY, UNDEN YNE URBMI
PLANNING ASSISTANCE Peocruw AuT of
ED By SECTION TOI OF' THE FEDERAL
HOUSING ACT OF SIEI AS AMENDED
THIS NAP WAS PREPARED UNDER THE
URBAN PLAMONG ASSISTANCE PROGRAM
FOR THE N.Y STATE DEPARTMENT OF
COIAMERCE. IT WAS FINANCED IN
PART BY THE STATE OF NEW YORK
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Dist #2 Fre.eyille Fire Station
Dist #3 - Dryden Fire_ Station LE m 157
Dist #4 - Varna Community Center E
Dist #5 - Etna Fire Station
Dist #6 - Dryden Village Hall D R IVE
Dist #7•- Dryden Fire Station Dist #10 - Dryden Baptist Chapel
Dist #8 - Bether Grove Community Center Dist #11 - Dryden Town Hall
Dist ��9 - Ellis Hollow Community Center
Date:
• To:
From
Sub.
•
December 6th, 1994
James Schug, Dryden Town Supervisor
Henry M. Slater, Zoning & Building Code Enforcement Off.
65 East Main Street, Dryden, NY 13053
November 194 Building & Zoning Activity Report
Dear Jim:
Building Permits.
During the month of November 1994, 20 Building Permits
were issued and are listed as follows.
A -1 Single - family new starts: (2)
A -1 Install Double wide Mobile Home (2)
A -1
Erect
Extend
a
or
renovate
existing
structure
Multiple
(8)
single family homes
(4)
Facilities
A -1
Plan Approval,
Replace
non
- conforming
mobile
Home
home with
Care
Facilities
(0)
conforming
gas
double wide
home
(1)
C -7
A -c^ Two Family Home, Site Built (2)
C -4.1 Commercial Storage Structure, by Site Plan Approval (1)
C -4.1
Erect
a
Private
Garage or
storage
structure
Multiple
(8)
C -7
Install,
Facilities
by Site
Plan Approval,
Private
Use Natural
(1)
Home
Day
Care
Facilities
(0)
gas
station
(1)
C -7
Demolition
Permit
for Existing
Single
-
family home
(i)
Certificates of Occupancy and Compliance.
Certificate of Occupancy (9)
Temporary Certificate of Occupancy (2)
Certificate of Compliance (8)
Public Inspections,
Fire
Safety
Multiple
Residence
Facilities
(0)
Business
Facilities
(1)
Home
Day
Care
Facilities
(0)
Fire Investigati
I was called to
within a private
weather of the s
people in the ho
what could have
this department,
service personne
kitchen oven, wa
ons for the
investigate
residence.
eason was be
me were also
been gas poi
Dryden Fire
1, determine
s the source
Month of November (1
the death of 15 Canary Birds
At that time, the only cold
ing experienced. Some of the
experiencing some symptoms, of
coning. A combined effort of
& Rescue, NYSEG and Agway fuel
d leaking propane fuel from a
of the death for the canaries.
The cooking oven had been operating all day. The home was
sealed with plastic over the windows for storm protection.
Being a holiday, no one had been outside, resulting No air
exchange. The minor leak accumulation became serious,
causing the death of the birds and sickness to the people.
It's possible, the birds saved the occupants from sever
illness or worse. Interesting Case!
F
• November 194 Activity Report
Page Two
Planning Board & Zoning Board Action:
During November, the Planning Board did not meet.
During
November,
the
ZBA Board
held
two
hearings.
At
this
time,
the
Notice
of
Decisions
have
riot
been
submitted
for
filing.
Hearing
#1
a variance
was
granted
to
construct
a
private
garage
closer
than the
required
701
from
the
center
of
630
Snyder
Hill
Road, conditioned
that a
nonconforming
existing
barn
in
ill
repair be
torn
down.
Hearing #2 the ZBA reaffirmed a prior decision to permit the
division of a conforming MA Zone lot into (2) nonconforming j
lots. Prior to the Hearing Session, the ZBA members met for
a training session.
Very truly yours,
• Henry M. Slater
cc: All Dryden Town Board Members
�sanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
•
U
0
TB12 -13 -94
I•_.-
RESOLUTION #228 PERMISSION TO BID DITCHING MACHINE
Clm Roberts offered the following resolution and asked for
adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert
out for a ditching machine.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION
#229
AUTHORIZE
HWY
SUPT TO BID
OUT
OLD
DITCHING
MACHINE
Clm T. Hatfield offered
its adoption:
RESOLVED, that this Town
out old ditching machine
2nd Clm Baker Roll
its
to bid
the following resolution and asked for
Board authorize Hwy Supv Gilbert to bid
with a minimum bid of $50,000.00
call vote - all voting Yes
RESOLUTION #230 AUTHORIZE SALE OF TRACTOR OR -
TRAILER OR TRACTOR /TRAILER
Clm T. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to sell
the tractor - minimum bid of $5,280.00; tractor trailer - minimum
bid of $750.00; tractor and tractor trailer - minimum bid of
$6,030.00
2nd Clm C. Hatfield Roll call vote - all voting Yes
RESOLUTION #231 AUTHORIZE PURCHASE OF
TRACTOR AND TRAILER ON STATE CONTRACT
Clm T. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Hwy Supt Gilbert to
purchase a tractor and trailer on state contract in the amount of
$6,030.00
2nd Clm C. Hatfield Roll call vote - all voting Yes
CORRESPONDENCE
Leave of absence - Anne Everett - no action taken
Dryden Tidbits - was discussed for information from the town to
let the public know there are positions open on the ZBOA or
Planning Board.
DISCUSSION
Supv Schug - review bids for West Dryden Community Center - no
action taken at this time since some board members wanted to view
the community center.
I3L
•
r
TOWN OF DRYDEN 0 DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 - 844 -9120
ZONING & BUILDING CODE ENFORCEMENT
In tine ]leant of the Finger Lakes Region
Dat.e: January 20th, 1995
To: Whom it May Concern:
Re: Fees Collected by the Building & Zoning Dept. 1994
The Dryden Town Building and Zoning Department collected the
fOl- lowing fees for the services that it has provided to the
Dryden Township during 1994.
Fees
There
were
181
Building Permits
S 21,162.60
"
171
Zoning Permits
9, 450.
00
"
n
17
Variance Fees
850.00
"
5
Special Permit Fees
650.00
"
7
Site Plan Review Fees
950.00
"
was
1
Subdivision Review Fee
100000
"
were
38
Zoning Ordinance Sales
190000
Total $ 33, 352. 60
very truly yours,
I &Z �
Henry M. Slater
Zoning & Building Code Enforcement Officer
���:: Supervisor's Office
Date:
To:
From
Sub.
•
•
December 6th,
James Schug,
1994
Dryden Town Supervisor
Henry M. Slater, Zoning & Building Code Enforcement Off.
65 East Main Street, Dryden, NY 13053
November 194 Building & Zoning Activity Report
Dear Jim:
Building permits.
During the month of November 1994, 20 Building permits
were issued and are listed as follows.
A -1 Single - family new starts: (2)
A -1 Install Double wide Mobile Home (2)
A -1 Extend or renovate existing single family homes (4)
A -1 Replace non - conforming mobile home with
conforming double wide home (1)
A - ^c Two Family Home, Site Built (2)
C -4. 1 Co
C -4. 1 Er
C -7 Ins
gas
C -7 Dem
mmerci
ect a
tall,
scat i
olitio
al St
priva
by Si
on
n per
orage Structure
to Garage or st
to plan Approva
mit for Existin
, by Site pl
orage struct
19 private U
g Single -fam
an Approval (1)
_ire (8)
se Natural
ti)
ily home (1)
Certificates of Occupancy and Compliance.
Certificate of Occupancy (9)
Temporary Certificate of OccUpancy (Z)
Certificate of Compliance (a)
Public Inspections,
Fire
Safety
Multiple
Residence
Facilities
(0)
Business
Facilities
(1)
Home
Day
Care
Facilities
(0)
Fire Investigati
I was called to
within a private
weather of the s
people in the ho
what could have
this department,
service personne
kitchen oven, wa
ons for the
investigate
residence.
eason was be
me were also
been gas poi
Dryden Fire
11 determine
s the source
Mon
the
At
ing
ex
son
&
d 1
of
th of November (1)
death of 15 Canary Birds
that time, the only cold
experienced. Some of the
periencing some symptoms, of
ing. A combined effort of
Rescue, NYSEG and Agway fuel
eaking propane fuel from a
the death for the canaries.
The cooking oven had been operating all day. The home was
sealed with plastic over the windows for storm protection.
Being a holiday, no one had been Outside, resulting No air
exchange. The minor leak accumulation became serious,
causing the death of the birds and sickness to the people.
It's possible, the birds saved the occupants from sever
illness or worse. Interesting Case!
V
i
i
I
U
r'
November- 194 Activity Report
Page Two
Planning Board & Zoning Board Action:
During November, the Planning Board did not meet.
During
November,
the
ZBA Board
held
two
hearings.
At
this
time,
the
Notice
of
Decisions
have
not
been
submitted
for
filing.
Hearing
#i
a variance
was
granted
to construct
a
private
garage
closer
than
the
required
70'
from
the
center
of
630
Snyder
Hill
Road,
conditioned
that a
nonconforming
existing
barn
in
ill
repair
be
torn
down.
Hearing #2 the ZBA reaffirmed a prior
division of a conforming MA Zone lot
lots. Prior to the Hearing Session,
a training session.
Very truly yours,
is
Henry M. Slater
is
decision to permit the
into (2) nonconforming
the ZBA members met for
cc: All Dryden Town Board Members
Susanne Lloyd, Dryden Town Clerk
Mahlon R. Perkins, Dryden Town Attorney
F
TB12 -13 -94 Page 7
Supv Schug - received a request and petition to have a bed and
breakfast in a RB and RB -1 zone. Supv Schug authorized Atty
Perkins and Z.O. Slater to review this request.
Dryden Town Trail - no action taken, Supv Schug will send board
members information.
RESOLUTION #232 APPROVE ABSTRACT #112
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that abstract
exception of #942, #958,
incomplete. For a total
2nd Clm Baker Roll
#112 voucher #906 to #987 with the
#959 and #972 since they were
of $137,035.76 to be paid as audited.
call vote - all voting Yes
FINANCIAL REPORT - available to board members
JUSTICE REPORT - $7,369.00 for the month of November
RESOLUTION
#233
T.C.
FIRE,
EMS & DISASTER
ADVISORY
BOARD
- Phil
Arneson
Clm T. Hatfield offered the fol
its adoption:
•RESOLVED, that this Town Board
delegate to the T.C. Fire, EMS
the term to expire December 199
2nd C. Hatfield Roll cal
is
lowing resolution and asked for
appoint Phil Arneson as the
and Disaster Advisory Board for
5.
1 vote - all voting Yes
RESOLUTION #234 LANDFILL NEIGHBORHOOD
PROTECTION COMMITTEE - Henry Raupp
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board appoint Henry Raupp to serve on
the Landfill Neighborhood Protection Committee for the term to
expire December 1997,
2nd Clm C. Hatfield Roll call vote - all voting Yes
RESOLUTION #235 VIRGIL CREEK FLOOD
CONTROL PROJECT (Named - Donald H Crispell)
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board recommends that the Virgil Creek
Flood Control project be named for Donald H. Crispell D.V.M. who
was very active on Village projects and had the best interests of
the people of the Village and Town at heart.
2nd Clm C. Hatfield Roll call vote - all voting Yes
X35
i
NOTICE OF ADOPTION OF AMENDMENT TO
•
TOWN OF DRYDEN ZONING ORDINANCE
PLEASE TAKE NOTICE that at a regular meeting of the Town Board
of the Town of Dryden, Tompkins County, New York, held at the Town
Hall, 65 East Main Street, Dryden, New York on December 13, 1994,
the Town of Dryden Zoning Ordinance was amended by adding thereto
a new ARticle XI to read as follows:
"ARTICLE XI: ELDER COTTAGES.
Section 1101. Definitions
1. An 'elder cottage' is a separate, detached,
temporary one - family dwelling, accessory to a one
and two family dwelling on a lot erected and
occupied in accordance with the provisions of
Article XI of this Ordinance.
2. For the purposes of this Article, the term 'owner'
as applied to ownership of a principal building
shall mean a natural person
(a) Who owns at least a 50 percent interest in the
real property and related building, whether
individually or as a tenant in common; or
• (b) Who owns the real property and related
building with no more than one other individual or
entity as co -joint tenants or tenants by the
entirety, in either event each of the co -joint
tenants or tenants by the entirety having identical
interests."
Section 1102. Elder cottages shall be permitted as accessory
uses, upon obtaining elder cottage site plan approval (herein
'approval') from the Site Plan Review Board and subject to the
following provisions and conditions.
1. Use Limitations: An elder cottage shall not be occupied by
more than two persons
(a) who shall be the same persons enumerated on the
application for the elder cottage,
(b) who shall be persons 55 years of age or older, and
(c) at least one of such persons shall be a parent,
grandparent or great - grandparent of one of the owners and
occupants of the principal dwelling on the lot where the elder
cottage is located.
• 29 Dimensional Limitations.
(a) The elder cottage shall not exceed 750 square feet in
total floor area.
(b) Notwithstanding any other provisions of this Ordinance,
• the minimum size of the elder cottage may be reduced to no
less than 250 square feet of enclosed floor area.
(c) The elder cottage shall not exceed one story in height
and under no circumstances shall the total height exceed 20
feet.
39 Location Requirements:
(a) An elder cottage shall, subject to the further
limitations of this Article XI, be located only on a lot where
there already exists a one - family or two - family dwelling.
(b) No elder cottage shall be located within the front yard
of any lot.
(c) No elder cottage shall be permitted on a non - conforming
building lot.
(d) No more than one elder cottage shall be located on any
lot.
(e) The placement of the elder cottage shall be otherwise in
conformity with all other provisions of the Zoning Ordinance
including lot coverage and side and rear yard setbacks.
• 4. Building Requirements:
(a) An elder cottage shall be clearly subordinate to the
principal building on the lot and its exterior appearance and
character shall be in harmony with the existing principal
building.
(b) An elder cottage shall be constructed in accordance with
all applicable laws, regulations, codes and ordinances, under
the New York State Uniform Fire Prevention and Building Code
as it pertains to factory manufactured housing or components,
in addition to complying with any other law, it shall bear an
Insignia of Approval issued by the N.Y. State Fire Prevention
and Building Code Council.
(c) An elder cottage shall be constructed so as to be
easily
removable.
The cottage's foundation shall be of
easily
removable
materials so that the lot may be
restored
to its
original use and appearance after removal
with as
little
expense as
possible. No permanent fencing,
walls, or
other
structures
shall be installed or modified
that will
hinder
removal of
the cottage from the lot.
(d) Adequate water supply and sewage disposal arrangements
shall be provided, which may include connections to such
facilities of the principal building. If a cottage is located
• in an area where electrical, cable, and /or telephone utilities
are underground, such utilities serving the elder cottage
shall also be underground.
0
(e) It shall be disclosed at the ti
• the proposed inhabitants of an elder
If so, an adequate area for parking
expected number of cars.
5. Approval.
me of application whether
cottage will have a car.
shall be required for the
(a) The
construction or
placement of
an elder cottage on a
lot shall
not occur until
approval for
same is granted by the
Site Plan
Review Board.
(b) The approval shall be for a period of one year (unless
earlier terminated as hereinafter set forth) and thereafter
may be renewed annually by the Code Enforcement Officer upon
receipt of an application for same provided that the
circumstances have not changed.
(c) The approval shall terminate 120 days after
(i) the death or permanent change of residence of the
original occupant or occupants of the elder cottage, or
(ii) any of the occupancy requirements set forth in this
Article are no longer met.
Without limiting other indicia of a permanent change of
residence, continuous absence from the elder cottage of a
• person for a period of 180 consecutive days shall be
considered to be a permanent change of residence. During the
120 day period following any of the events set forth in
subparagraphs (i) and (ii) above, the unit shall be removed
and the site restored so that no visible evidence of the elder
cottage and its accessory elements remains. If the elder
cottage has not been removed by the end of the 120 day period,
in addition to the existing sanctions in the Zoning Ordinance,
actions to insure removal may be taken, including removal and
salvage by the Town with a lien imposed to defray any costs
incurred. Such lien may be added to the real estate taxes
applicable to the lot on which the elder cottage is located
and collected in the same way as any other tax payable to the
Town.
69 Procedure for Obtaining Approval:
(a) The application for original issuance of an approval and
renewal shall contain such information as the Site Plan Review
Board and Code Enforcement Officer may require to adequately
review the qualification for granting the approval, but, for
an original application shall contain at a minimum:
(i)
• (ii)
Name of owner of the lot.
Name of occupants of principal building.
Name of proposed occupants of the elder
cottage.
•
11
(iv) Age of proposed occupants of the elder
cottage.
(v) Relationship of elder cottage occupants to
owners and occupants of the principal
building.
(vi) Sketch plan or survey, which shall be drawn to
scale, showing
(A) location of all existing buildings,
structures, driveway, walkways and the
layout of, utility services,
(B) proposed location and size of the elder
cottage,
(C) proposed water, septic, and other utility
connections,
(D) proposed landscaping and screening if any
is contemplated.
(vii) Agreement to remove the elder cottage when it
no longer qualifies as such.
(ix) Consent for the Town to enter on the property
and to remove the elder cottage if the owner
fails to timely remove it, as set forth below.
(b) By applying for approval for the erection of an elder
cottage, the owner of the lot on which the elder cottage is to
be located, for himself or herself, his or her heirs,
successors and assigns, irrevocably consents to the entry of
the Town and its authorized officials and agents upon the
property, after notice and an opportunity to be heard before
the Site Plan Review Board, for the purpose of removing the
elder cottage in the event the requirements for construction
or placement of same are no longer met, and further agrees
that any costs incurred by the Town in so removing the cottage
shall become a lien upon the property on which the cottage was
located subject to collection in the manner set forth above.
(c) The granting of site plan approval for an elder cottage
shall be governed, in addition to the provisions set forth in
this Article, to provisions relating to granting approval of
site plans. The Site Plan Review Board shall have the
authority, in determining whether to grant the approval, to
review the site plan and apply the criteria relating to site
plan approvals that the Site Plan Review Board uses in
granting site plan approvals under Article XXIII of this
ordinance and in addition shall, before granting such
approval, make the following determinations.
(i) Whether Section 6(a) requirements have been
met.
Whether the location, the placement, and the
nature of the elder cottage will be in
conflict with the allowed uses of the zone or
neighborhood.
(iii) Whether such proposed placement will be more
objectionable or depreciating to adjacent and
nearby properties (by reason of traffic, noise
or disposal of solid waste) than the allowed
uses of the zone.
(iv) Whether such proposed placement will
discourage or hinder the appropriate
development and use of adjacent properties or
neighborhood.
(v) Whether such proposed placement adjacent to an
existing residential use shall be screened by
a landscaped buffer strip or suitable fence.
(vi) Whether health, safety and general welfare of
the community may be adversely affected.
(d) The Site Plan Review Board shall have the further
authority when granting approval, to impose such
reasonable conditions as the Site Plan Review Board may
deem necessary to minimize the impact of the addition of
an elder cottage upon the lot on which it is being
located as well as the neighborhood in which it is being
located.
(e) In addition to site plan approval
before placing an elder cottage on a lot
obtain a zoning permit and a building
permit is required prior to filing an
plan approval.
as herein required,
the owner shall also
permit. The zoning
application for site
7. Limitation on Extensions of Time to Remove Elder Cottage:
Notwithstanding any other provisions of this
shall be no extension of time for removal of
except that the Site Plan Review Board may,
same findings that would normally be required
of a use variance, extend the time for remo,
cottage for one additional six month period.
Ordinance there
an elder cottage
upon making the
for the granting
val of the elder
of
Susanne Lloyd
Town Clerk
TB12 -13 -94 Page 8
RESOLUTION #236 CABLE TELEVISION & SERVICE TOMPKINS COUNTY
INTERMUNICIPAL CABLE TELEVISION COMMISSION
Clm Roberts offered the following resolution and asked for its
adoption:
WHEREAS, issues pertaining to cable television and service are
growing ever more complex because of changes in regulations,
technology and available choices; and
WHEREAS, the Town of Dryden has previously recognized the value
of its constituents of Intermunicipal cooperation in the
regulation of cable television by agreeing to participate in the
Tompkins County Intermunicipal Cable Television Commission
(TCICTC), an advisory body to the Town of Dryden, and approving a
representative to same; and
WHEREAS, this Commission has formulated, endorsed and forwarded a
CHARTER AND BYLAWS dated October 12, 1994 governing its actions
to the Town of Dryden for its review, consideration and approval,
BE IT THEREFORE RESOLVED, that the Town of Dryden authorizes the
Supervisor to affix his signature to said document affirming the
approval of this board of the CHARTER AND BYLAWS of the TCICTC.
2nd Clm T. Hatfield Roll call vote - all voting Yes
RESOLUTION #237 ELDER COTTAGES
Clm Baker offered the following resolution and asked for its
adoption: (copy in minute book)
2nd Clm T. Hatfield Roll call vote - all voting Yes
I
• RESOLUTION NO. 237 (1994)
Councilman Bakez offered the following resolution
and asked for its adoption:
RESOLUTION TO AMEND THE ZONING ORDINANCE TO PERMIT
PLACEMENT OF ELDER COTTAGE IN CERTAIN DISTRICTS
Section 1. Findings. The Town Board of the Town of Dryden finds:
16 There is a need for
small, single family dwell
dwellings in residential dist
live with their families but
construction
ings in conj
:ricts to enab
in a separate
of detached, r
unction with
le elderly rel
accommodation
emovable,
existing
atives to
and
2. Allowing construction of such dwellings for use by the
elderly will provide housing for elderly at costs that are more
within the ability of many elderly persons to meet.
Section 2. Purpose. It is the purpose and intent of this
amendment to the Town of Dryden Zoning Ordinance to allow, by site
plan approval, the installation of small, removable, single family
dwellings on the same lot with one or two family dwellings, in RB,
RB -1, RC and RD Districts, and specifically, this amendment is
intended to.
is 1. Foster and support extended families;
2. Permit adult children to provide small, temporary homes
for their aging parents or grandparents who are in need of support,
while maintaining as much of the independence of the different
generations as possible;
3. Reduce the degree to which elderly homeowners have to
choose between increasing isolation in their homes and
institutionalization in nursing homes;
49 Encourage the continued development and use of small,
removable, single family dwelling units specifically designed and
built for elderly people;
5. Permit housing in a manner that protects the property
values and character of neighborhoods by ensuring that the homes
for elderly are compatible with the neighborhood and are easily
removable;
69 Enable the elderly living in homes too large for their
needs to move to more appropriate housing and thereby make larger
homes available to house larger families.
• Section 3. Amendment to Zoning Ordinance. The Zoning Ordinance of
the Town of Dryden, as adopted, and thereafter amended, be further
amended by adding thereto a new ARTICLE XI to read as follows:
i
fl
I
"ARTICLE XI: ELDER COTTAGES.
Section 1101. Definitions
1. An 'elder cottage' is a separate, detached,
temporary one - family dwelling, accessory to a one
and two family dwelling on a lot erected and
occupied in accordance with the provisions of
Article XI of this Ordinance.
2. For the purposes of this Article, the term 'owner'
as applied to ownership of a principal building
shall mean a natural person
(a) Who owns at least a 50 percent interest in the
real property and related building, whether
I
ndividually or as a tenant in common; or
(b) Who
building w
entity as
entirety,
tenants or
interests.
owns the
ith no more
co -joint
in either
tenants by
it
real property and related
than one other individual or
tenants or tenants by the
event each of the co joint
the entirety having identical
Section 1102. Elder cottages shall be permitted as accessory
• uses, upon obtaining elder cottage site plan approval (herein
'approval') from the Site Plan Review Board and subject to the
following provisions and conditions:
1. Use Limitations: An elder cottage shall not be occupied by
more than two persons
(a) who shall be the same persons enumerated on the
application for the elder cottage,
b) who shall be persons 55 years of age or older, and
(c) at least one of such persons shall be a parent,
grandparent or great - grandparent of one of the owners and
occupants of the principal dwelling on the lot where the elder
cottage is located.
2. Dimensional Limitations.
(a) The elder cottage shall not exceed 750 square feet in
total floor area.
(b) Notwithstanding any other provisions of this Ordinance,
the minimum size of the elder cottage may be reduced to no
less than 250 square feet of enclosed floor area.
• (c) The elder cottage shall not exceed one story in height
and under no circumstances shall the total height exceed 20
feet.
3. Location Requirements:
(a) An elder cottage shall, subject to the further
limitations of this Article XI, be located only on a lot where
there already exists a one - family or two - family dwelling.
(b) No elder cottage shall be located within the front yard
of any lot.
(c) No elder cottage shall be permitted on a non - conforming
building lot.
(d) No more than one elder cottage shall be located on any
lot.
(e) The placement of the elder cottage shall be otherwise in
conformity with all other provisions of the Zoning Ordinance
including lot coverage and side and rear yard setbacks.
4. Building Requirements:
(a) An elder cottage shall be clearly subordinate to the
principal building on the lot and its exterior appearance and
character shall be in harmony with the existing principal
building.
• (b) An elder cottage shall be constructed in accordance with
all applicable laws, regulations, codes and ordinances, under
the New York State Uniform Fire Prevention and Building Code
as it pertains to factory manufactured housing or components,
in addition to complying with any other law, it shall bear an
Insignia of Approval issued by the N.Y. State Fire Prevention
and Building Code Council.
(c) An elder cottage shall be constructed so as to be easily
removable. The cottage's foundation shall be of easily
removable materials so that the lot may be restored to its
original use and appearance after removal with as little
expense as possible. No permanent fencing, walls, or other
structures shall be installed or modified that will hinder
removal of the cottage from the lot.
(d) Adequate water supply and sewage disposal arrangements
shall be provided, which may include connections to such
facilities of, the principal building. If a cottage is located
in an area where electrical, cable, and /or telephone utilities
are underground, such utilities serving the elder cottage
shall also be underground.
(e) It shall be disclosed at the time of application whether
the proposed inhabitants of an elder cottage will have a car.
If so, an adequate area for parking shall be required for the
expected number of cars.
5. Approval.
(a) The construction or placement of an elder cottage on a
lot shall not occur until approval for same is granted by the
Site Plan Review Board.
(b) The approval shall be for a period of one year (unless
earlier terminated as hereinafter set forth) and thereafter
may be renewed annually by the Code Enforcement Officer upon
receipt of an application for same provided that the
circumstances have not changed.
(c) The approval shall terminate 120 days after
(i) the death or permanent change of residence of the
original occupant or occupants of the elder cottage, or
(ii) any of the occupancy requirements set forth in this
Article are no longer met. -
Without limiting other indicia of a permanent change of
residence, continuous absence from the elder cottage of a
person for a period of 180 consecutive days shall be
considered to be a permanent change of residence. During the
120 day period following any of the events set forth in
subparagraphs (i) and (ii) above, the unit shall be removed
and the site restored so that no visible evidence of the elder
cottage and its accessory elements remains. If the elder
cottage has not been removed by the end of the 120 day period,
in addition to the existing sanctions in the Zoning Ordinance,
actions to insure removal may be taken, including removal and
salvage by the Town with a lien imposed to defray any costs
incurred. Such lien may be added to the real estate taxes
applicable to the lot on which the elder cottage is located
and collected in the same way as any other tax payable to the
Town.
6. Procedure for Obtaining Approval:
(a) The application for original issuance of an approval and
renewal shall contain such information as the Site Plan Review
Board and Code Enforcement Officer may require to adequately
review the qualification for granting the approval, but, for
an original application shall contain at a minimum:
(i) Name of owner of the lot.
(i
(i
(i
i) Name of occupants of principal building.
is) Name of proposed occupants of the elder
cottage.
V) Age of proposed occupants of the elder
cottage.
0
•
•
(v) Relationship of elder cottage occupants to
owners and occupants of the principal
building.
(vi) Sketch plan or survey, which shall be drawn to
scale, showing
A) location of all
structures, drive
layout of utility
B) proposed location
cottage,
existing buildings,
way, walkways and the
services,
and size of the elder
(C) proposed water, septic, and other utility
connections,
(D) proposed landscaping and screening if any
is contemplated.
(vii) Agreement to remove the elder cottage when it
no longer qualifies as such.
(ix) Consent for the Town to enter on the property
and to remove the elder cottage if the owner
fails to timely remove it, as set forth below.
(b) By applying for approval for the erection of an elder
cottage, the owner of the lot on which the elder cottage is to
be located, for himself or herself, his or her heirs,
successors and assigns, irrevocably consents to the entry of
the Town and its authorized officials and agents upon the
property, after notice and an opportunity to be heard before
the Site Plan Review Board, for the purpose of removing the
elder cottage in the event the requirements for construction
or placement of same are no longer met, and further agrees
that any costs incurred by the Town in so removing the cottage
shall become a lien upon the property on which the cottage was
located subject to collection in the manner set forth above.
(c) The granting of site plan approval for an elder cottage
shall be governed, in addition to the provisions set forth in
this Article, to provisions relating to granting approval of
site plans. The Site Plan Review Board shall have the
authority, in determining whether to grant the approval, to
review the site plan and apply the criteria relating to site
plan approvals that the Site Plan Review Board uses in
granting site plan approvals under Article XXIII of this
ordinance and in addition shall, before granting such
approval, make the following determinations:
(i) Whether Section 6(a) requirements have been
met.
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7.
Whether the location, the placement, and the
nature of the elder cottage will be in
conflict with the allowed uses of the zone or
neighborhood.
(iii) Whether such proposed placement will be more
objectionable or depreciating to adjacent and
nearby properties (by reason of traffic,
noise, disposal of waste or sewage) than the
allowed uses of the zone.
(iv) Whether such proposed placement will
discourage or hinder the appropriate
development and use of adjacent properties or
neighborhood.
(v) Whether such proposed placement adjacent to an
existing residential use shall be screened by
a landscaped buffer strip or suitable fence.
(vi) Whether health, safety and general welfare of
the community may be adversely affected.
(d) The Site Plan Review Board shall have the further
authority when granting approval, to impose such
reasonable conditions as the Site Plan Review Board may
deem necessary to minimize the impact of the addition of
an elder cottage upon the lot on which it is being
located as well as the neighborhood in which it is being
located.
(e) In addition to site plan approval
before placing an elder cottage on a lot
obtain a zoning permit and a building
permit is required prior to filing an
plan approval.
as herein required,
the owner shall also
permit. The zoning
application for site
Limitation on Extensions of Time to Remove Elder Cottage:
Notwithstanding any other provisions of this
shall be no extension of time for removal of
except that the Site Plan Review Board may,
same findings that would normally be required
of a use variance, extend the time for remo
cottage for one additional six month period.
Ordinance there
an elder cottage
upon making the
for the granting
val of the elder
if
Section 4. Invalidity. If any provision of this amendment to the
Zoning Ordinance is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions
of this amendment which shall remain in full force and effect.
Section 5. Effective Date. This amendment shall take effect
10 days after publication as required by law.
Seconded by Councilperson T. Hatfield
Roll call vote - all voting Yes
•
TOWN OF DRYDEN : DRYDEN, NEW YORK
P. O. BOX 518 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 -844 -8622
STATE OF NEW YORK )
COUNTY OF TOMPKINS )
TOWN OF DRYDEN )
In the Heart of the Finger Lakes Region
ss :
I, Susanne Lloyd, duly elected Town Clerk of the Town of Dryden, Tompkins
County, New York, DO HEREBY CERTIFY:
That I have compared the following resolution with the original resolution
adopted -by the Town Board of the Town of Dryden at a regular
I of said Town held on December 13, 1994 -�- -
following is a true and exact co - and that the
copy of said original and of the whole thereof.
IN WITNESS WHEREOF,
of Dryden this_ 30th
I have hereunto set my hand and the seal of the Town
day of December 1994
RESOLUTION #227 AP'P'ROVE _ELECTION
DISTRICT BOtiNDARY CHANGES
Town Clerk
Clrn C. Hatfield clffered the fr.111,,wir-,q r ~escilutior, and asked fclr
its ad• Ipt ir_In:
REh30LVED, that this Tcewr, Beard appr ^ave the electic�r, district
charges ft_lr District #6, #7, #ln arid establishing a new district
11. (c1:1py -.If reap in minute bciclk)
2r,d C l m Rrfbert s Rci l l call vote - all vc 1t i nq Yes
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NYS DEPARTMENT OF STATE
BUREAU OF STATE'RECORDS
162 Washington.Avenue
Albany, NY 12231 -0001
DATE: 1/19/95
0
Local Law Acknowledgment
I Town of Dryden
65 East Main Street
Dryden, NY 13053
DOS-236 (Rev. 6/90)
ICIPALITY
Town of Dryden
LOCAL LAW(S) NO. YEAR
2 1 1994
FILING DATE
12/16/94
The above - referenced material was received
and filed by this office as indicated.
I
Additional local law filing forms will be
_I forwarded upon request.
Local Lali1/ Flllllg 162 WASHINGTONSAVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
orext of law should be given as amended. Do not include matter being eliminated and do not
• use italics or underlining to indicate new matter.
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Town of •••••Dryden .... •
�idtargoc
Local Law No. ........... 2 ....... ............................... of the year 19 .94..
A local
law
as the Dryden
Sewer Districts Sewer
Rent Law
...known
(Insert Title)
........................................................................................
...............................
Ile it enacted by the Town Board of the
....................................................................................... ...............................
(Name of Legislative Body)
Townof ....... "I ....... Dryden ...................................................................................... ......................:......as follows:
vilfagm
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS -239 (Rev. 7/90)
9
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• SECTION 1. TITLE. This local law shall be known as the
Dryden Sewer Districts Sewer Rent Law,
SECTION 2. AUTHORITY. This sewer rent law is enacted
pursuant to Article 14 -F of the New York General Municipal Law.
SECTION 3. APPLICATION. This sewer rent law shall apply to
the Turkey Hill Sewer District, Monkey Run Sewer District, Dryden
Sewer District #2 and any future sewer districts established by the
Town Board of the Town of Dryden which collect and transport, in
whole or in part, wastewater from its origin via any such sewer
system to the Ithaca Area Wastewater Treatment Facility,
SECTION 4. BASIS OF THE CHARGE OF SEWER RENTS. The basis of
the charge for sewer rents shall be on the consumption of water on
the premises connected with and served by the sewer system. Water
shall be measured by means of a water meter and shall include all
water furnished the premises. In the event that there is no water
meter connected to the premises served by the sewer system then a
minimum sewer rent shall be charged and collected as hereinafter
provided.
i
SECTION 5. PAYMENT DATES PENALTIES; AND ENFORCEMENT.
(1) Billing of sewer rents shall be quarterly with bills due
• on January 1; April 1; July 1; and October 1. Each bill shall be
for the preceding quarter.
(2) Payment of the sewer rents shall be made within 20 days
of billing without penalty.
(3) Any payment received after 20 days of billing shall
include a 10% penalty of the amount due.
(4) On October 1
bills, plus penalties,
shall be collected and
time as provided by law
- taxes,
of each year, the amounts of all past due
shall be certified by the Town Clerk and
enforced in the same manner and at the same
for the collection and enforcement of Town
SECTION 6. CALCULATION OF SEWER RENT. Each district shall
charge and collect for the use of the sewer system the sewer rent
rates as provided in this local law. In computing the sewer rent,
the following shall apply:
(a) The water meter for the premises connected to the sewer
system shall be read and the water consumption computed for each
billing period.
(b) Based upon the water usage, the calculation of the sewer
rent shall be made by multiplying the number of gallons consumed in
the billing period by $.16 per 100 gallons. The product shall be
the sewer rent for the billing period.
8
1
(c) In the event that the product computed according to sub-
• section (b) above is less than $16.00 then the bill shall be
rounded up to $16.00 which shall be a minimum bill for each billing
period. In the event the premises are not connected to a water
meter, then a minimum bill as set forth herein shall be imposed for
each billing period, until such time as a water meter is installed.
All premises served by a sewer system shall have a water meter
installed within nine (9) months of connection of the premises to
the sewer system.
SECTION 7. SEWER RENT FUND.
(A) Revenues derived from sewer rents, including penalties,
shall be credited to a special fund for each respective district,
to be known as the "Turkey Hill Sewer District Sewer Rent Fund ";
"Monkey Run Sewer District Sewer Rent Fund "; "Dryden Sewer District
#2 Sewer Rent Fund ", etc. Monies in such fund shall be used in the
following order:
(1) For the payment of the costs of operation,
maintenance, and repairs of the sewer system or such part or parts
thereof for which sewer rents have been established and imposed.
(2) For the payment of the interest on and amortization
of, or payment of, indebtedness which has been or shall be incurred
for the construction of sewage treatment and disposal works with
necessary appurtenances including pumping stations, or for the
extension, enlargement, or replacement of, or addition to, such
sewer system, or part or parts thereof.
(3) For transportation charges imposed by any other
municipality or entity for the transport of sewage via such other
municipalities sewer mains, interceptors or lines.
(B) Such revenues from sewer rents shall not be used (1) to
finance the cost of any extension or any part of a sewer system
(other than any sewage treatment or disposal works with necessary
appurtenances including pumping stations) to serve unsewered areas
if such part has been constructed wholly or partly at the expense
of the real property especially benefitted, or (2) for the payment
of the interest on, and the amortization or payment of,
indebtedness which is to be paid in the first instance from
assessments upon -the benefitted real property.
SECTION 8. REPEALER. Local Law No. 2 of the year 1989
adopted by the Town Board on May 16, 1989 and filed with the
Secretary of State on May 26, 1989 is hereby repealed.
SECTION 9. EFFECTIVE DATE. This local law shall take effect
upon filing with the Secretary of State and the compliance with the
provisions of the New York General Municipal Law.
1
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(Complete the certification in the paragraph that applies to the filing 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 1994
of the kIRDur►t.y4C*a (Town)t tPa gu) of Dryden was duly passed by the
1'oant_ Board on December 13, 1994 , in accordance with the applicable provisions of law.
(Name of Legislative Body
(Passage by local legislative body with approval, no disapproval or repassage after disapproval
,,by (lie Elective Chief Executive Officer`.)
I hercb�
of the (
ame
certify that the local law annexed hereto, designated as local law No.
nty)(City)(Town)(Village) of was dul
on 19 and was (approved)(not disapproveco
disapproval) by
ieccive %,niei r.xecuove v►ucer')
in accordance with the plicable provisions of law.
3. (hinal adoption by referendu
I hereby certify that the local law anA�N
of 'lie (County)(City)(Town)(Village) of
__
on
Name of Legislative Body
disapproval) by the
and was deemed duly adopted o
hereto, designated as loc
ve vurcer
19V, and
E
of 19_
assed by the
repassed after
19
,
a Aaw No. of 19
was duly passed by the
(approved)(not disapproved)(repassed after
19____ Such local law was
submitted to the people by reason of a (mandatory)( issive) referendum, and received the affirmative
vote of a majority of the qualified electors voting ereon t the (general)(special)(annual) election held on
19 , in accordance with the plicable pr isions of law.
4. (Subject to permissive referendu
referenun►.)
and final adoption because no vaii i petition was filed requesting
I hereby certify that the local w annexed hereto, designated as local law No
Of the (County)(City)(Tow Village) of
Legislatwe Bodv on 19 , and was ( approved)(not
amc of
of 19
was duly passed by the
proved)(repassed after
disap)rov/rendurn on 19 Such
Elective Chief Executive Officer
permissive and no valid petition requesting such referendum was filed as of
in accorda e applicable provisions of law.
1 law was subject to
19 ,
0'Iiler.tive Chief Executive Officer means or includes the chief executive officer of a county elected on a
0t"Ity-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances,
(2)
I
r
i
i
I
e
e'
(City local law concerning Charter revision proposed by petition.)
I hereU � tify that the local law annexed hereto, designated as local law No. of 19
of the City o having been submitted to referendum pursuan
•lie provisions of sec ' (36)(37) of the Municipal Home Rule Law, and having received the affirmat ote
of a majority of the quail ' electors of such city voting thereon at the (special)(general) elec ' eld on
19 , became o ative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local
of the County of
the electors at the General Ele
section 33 of the Municipal
qualified electors of t Mies
of said countycerCsidered as a
law annexed hereto
ction ovember
e Rule Law, and
of said county as a
unit voting at said
,da§'ignated as 2ob law No. of 19_
State o w York, having been submitted to
19 purs i to subdivisions 5 and 7 of
having received the affirmative vo fa majority of the
unit and of a majority of the qualified 611* rs of t}ie towns
general election, became operative,
y other authorized form of final adoption has been followed, please provide an appropritate certificat
1 further certify that I have compared the preceding local law with the original on file in this office and that
the saune is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
0
(Seal)
Date: December 14, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OFmpkins
1, 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 the local law annexed hereto.
ure
Town Attorney
Title
E181Itftkyx
eipy of Dryden
Town
yid
Date: December 14, 1994
(3)
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TB12 -13 -94 Page 9
RESOLUTION
#238
ADOPT
LOCAL LAW
#2
- 1994
DRYDEN
SEWER
DISTRICTS
SEWER
RENT
LAW
Clm T. Hatfield offered the following resolution and asked for
its adoption: (copy in minute book)
2nd Clm C. Hatfield Roll call vote - all voting Yes
Town Board recessed for executive session 10:OOPM
Town Board reconvened at 10:30PM and the following action was
taken.
RESOLUTION #239 EMPIRE LIVESTOCK AGREEMENT
Clm T. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Supervisor Schug to
negotiate an agreement with Empire Livestock Marketing
Cooperative with the purchase of parcel A, parcel B and parcel C
shown on the survey map made by T. G. Miller's dated October 11,
1994 in parcels A, B, and C containing approximately 5.86 acres.
In consideration the town will remove the remains of the barn and
the house on the Empire Livestock site and dispose of it at no
cost to Empire Livestock Marketing Cooperative.
2nd Clm Baker Roll call vote - all voting Yes
Ad.iourned6 10:45PM
Susanne Lloyd
Dryden Town Clerk
X37
0