HomeMy WebLinkAbout1995-04-25•
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TOWN BOARD MEETING
APRIL 25, 1995
Supv Schug called the meeting to order at 7:30PM
Members and guests participated in silent meditation followed by
the Pledge of Allegiance.
Roll call was by Town Clerk Lloyd:
Present: Supv Schug, Clm Baker, Clm C. Hatfield, Clm Roberts,
Atty Perkins and Z.O. Slater
Absent: Clm T. Hatfield
Dave Putnam - gave report on Turkey Hill sewer district - there
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s a problem with soil erosion on the Lesiuk property. Bat -Con
has quoted a price of not to exceed $1,000.00 to fix the erosion
and the spots on the Lesiuk property. Also $500.00 to dig the
lines for the existing Monkey Run manhole.
Atty Perkins - this would be within the sewer lines that were put
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n by the Reed's back in 1989. In looking over the connection by
the town from the Turkey Hill sewer district into the Reed sewer
line to make the connection all the way to Monkey Run, Dave
noticed some erosion in a particular area. He talked to Mr.
Lesiuk who had some concerns about the restoration job that was
going to be done after the sewer lines were put in. This is what
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s being discussed about spending town money to correct this so
when we are finished we have a complete job.
Dave
Putnam - needs to know tonight, because Bat -Con
has put in
the
last
piece of sewer tonight. They have two water
services, a
lawn
and
a sewer lateral to put in and the pipe work
is done and
they
are
starting restoration. The big equipment will
be starting
to leave
on Thursday night.
Atty Perkins - this is a recommendation that Dave has made in
connection with this project to prevent further erosion and to
protect the sewer lines that are in the ground. The agreement is
silent as to who does it. The real issue here is not who pays for
it, but whether we do it right away while the contractors are
here.
RESOLUTION #132 APPROVE EXPENDITURE TO BAT -CON
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board approve the expenditure not to
exceed $1,000.00 for above the ground work and $500.00 to dig the
line for the sewer connection for a total not to exceed $1,500.00
to Bat -Con.
2nd Clm Roberts Roll call vote - all voting Yes
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TB4 -25 -95 Page 2
is Dave Putnam - Mark Stevens has asked Bat -Con to extend the main
sewer line on Oakbrook Drive another 300 feet at his expense
built to town specifications to service his existing house, but
within the Oakbrook road r -o -w. Mark is asking permission to do
this, rather than run a 4 inch line from where we ended at his
property line up to his house and his barn. Since this is in the
town's r -o -w way Mark needs permission to do this. Bat -Con will
incorporate that into the as built drawings. At some point he
needs it certified before he can turn it over to the town. That
will be his prerogative in the future if he wants to subdivide.
This would take off from where we ended with a manhole. Mark
would put in 2 manholes and 300 feet of sewer line. If Mark ever
develops up there he would have to extend the sewer or he would
have to run 4 inch up there to service the existing house. Mark
wants to run 8 inch line with 2 manholes to town specifications.
Atty Perkins - wants to know who is going to warranty this and to
what point.
Dave
Putnam
- as
far as I am concerned it is
from that manhole
until
Mark
makes
a petition to the town from
where we ended. From
there
on up
it is
his problem and we can warranty.
He can get
Bat -Con
they
to
are off
fix it,
the
I don't think that will be
road.
a problem since
•Atty Perkins - my point is if this 8 inch sewer goes up 300 feet
and the 2 manholes involved and is not used and sits there for
years.
Dave Putnam - it
is going to be used
because Mark
is going to tie
into his house.
He will run a 4 inch
line from his
house down to
the last manhole.
He will be responsible
for that
8 inch pipe
until
not
he makes
a
formal
petition to
the
town.
Atty
Perkins
- what
happens if there is a problem in the road
r -o -w,
who is
going
to do that.
Dave Putnam - Mark Steven will do that.
Atty Perkins - the town is not going to let him work in the town
road r -o -w under any conditions.
Dave
Putnam -
I probably
can
get
Bat -Con to warranty their work
for
the extra
300 feet,
this
is
not a problem.
Atty Perkins - what
happens once the warranty is
up that
is the
problem who fixes it
then. Mark
basically has 300
feet of
8 inch
lateral in the town
road r -o -w
that we do not own
and are
not
responsible for. Is
there some
reason we shouldn't
own it
now.
Dave Putnam - no, there is no reason you shouldn't own it now.
707,�.
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TB4 -25 -95
Page 3
• Supv Schug - Atty Perkins can draw up an agreement that Mark will
extend the 300 feet at his expense and he will give it to the
town.
Dave Putnam - saw no problem with that and thought Mark would be
happy to do that.
Atty Perkins - it is going to be covered by whose guarantee.
Dave Putnam - I will check with Bat -Con, but I do not imagine the
extra 300 feet of sewer will bother them at all since they have
16,000 feet of sewer there. I will check with them in the
morning.
Atty Perkins - that has to be specifically addressed, plus there
will have to be some actual transfer of that. Mark can never own
that and if he wants to write a letter to the town or if he wants
me to do it at his expense.
Dave Putnam - if I get Mark to write a letter to you and fax it
in the morning that he would put in the 300 feet of sewer line
and 2 manholes at his expense and give it to the town. Is that as
much as we need right now.
Atty Perkins - no, it all has to be done right, right now. It is
up to the board if they are willing to accept it I will write up
the agreement and deed.
Clm
C.
Hatfield
- did not
have
any problem with
that
once it
is
set
up
right
so
the
town
and
Mr.
Stevens
knows
what
the
score
is.
Supv
Schug
- it sounds
like a
reasonable request and it should
have
been
thought of 2
months
sooner.
Atty Perkins - the resolution should also state Mark Stevens
shall bear all of the expense in connection with this. The town
should not incur any expenses. Not only with respect to the
installation, but the maintenance and guarantee are to be the
same as by Bat -Con and the cost if any as built additions to the
as built drawings to be preformed by him, plus any recording fees
or attorneys fees are to be borne by him.
RESOLUTION #133 APPROVE EXTENSION OF SEWER LINE
ON OAKBROOK DRIVE
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Atty Perkins to draw up
an agreement with Mark Stevens regarding the extension of 300
feet of sewer line and 2 manholes in the Turkey Hill water and
•sewer district. Mark Stevens is to bear all expenses in
connection with this. This will include installation, maintenance
and guarantee, cost of addition to as built drawings, recording
fees and attorney fees.
2nd Clm Baker Roll call vote - all voting Yes
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TB4 -25 -95 Page 4
SPECIAL PERMIT HEARING
APRIL 25, 1995
GLASS SLIPPER
Minutes of special permit hearing 7:30PM
Supv Schug - read the notice that was published in the newspaper
concerning the application of Susan Cornelius DBA The Glass
Slipper. (copy in minute book)
QUESTIONS AND /OR COMMENTS
Susan Cornelius - would like to build a commercial building, 55'
by 32' with 4 units. 1- will be a doll shop, 2- hair salon, 3 and
4 are vacant at the present time.
Supv Schug - when other tenants are found for other vacant units j
Susan will come back for a special permit for approved usage. !
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Clm Roberts - wanted to know if she was the owner of the facility
and is there a residence on the same lot. Also, is there existing
water and sewer.
Susan Cornelius - is the owner of the business and there is a
tenant in the residential house. There are 2 wells and 2 septic
tanks. The house is completely separate from my proposed
f business. This has already been approved by the health
department.
Clm Roberts - wanted to know what was planned for the driveway
surface.
Ron Pierce
- at
the present
time
will be
just the crusher run and ,
stone. This
will
also be for
the
parking
area.
Clm Roberts - wanted to know if there will be markers for the
parking area.
Ron Pierce - they could put up signs as to where to park and
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there will be a space for handicapped.
Clm Roberts - wondered if it would be a burden to have cement
blocks as to where to park.
Ron Pierce - saw no problem with that.
Clm
Roberts -
wanted
to know
if there would be a loading area and !
how
would the
tenants
receive
their supplies.
Susan Cornelius - UPS would probably go around to the back of the
stores since there will be an exit for each unit and there will
be parking at the back of the building.
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TOWN OF DRYDEN ® DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607-844-9120
ZONING & BUILDING CODE ENFORCEMENT
Ithaca Journal News
123 W. State Street
Ithaca, New York 14850
In the 11(yaH of the Finger Lakes
Attn: Donna Carr, Legal Ads
PLEASE PUBLISH
TAKE
the
that
following
Town
LEGAL
NOTICE
the Town
of Dryden
no
later
than
WEDNESDAY,
APRIL
at
19TH9
to
1995
and bill
the
an application
Town
of
Dryden.
PLEASE
TAKE
NOTICE
that
the
Town
Board
of
the Town
of Dryden
will
hold
interpreters
a
Public
at
Hearing
to
consider
an application
for
a Special
Permit
Dryden,
NY
submitted
which
by
Susan
interested persons will be
Cornelius
an opportunity
DBA
measures,
"The Glass
Slipper"
of
253
Ringwood
agent.
Road,
Freeville,
NY
Town of
Dryden to
establish
The
Glass
Slipper
individuals
Collectable
with
hearing
Dolls
impairments;
within
a
proposed
structure
along
with
an
additional
two lease
manuals
spaces
at
2215
Dryden
Road, Dryden
will
NY
within
for all
the
Town
of
Dryden.
who
request
such
assistance
with
Notice
to
the
Town
of Dryden at
844 -9120
or
SAID
HEARING
will
be
held
on
TUESDAY,
APRIL 25TH, 1995 at
7:15
P.M.
prevailing
interpreters
or
time
at
the Dryden
Town Hall, 65 E. Main
Street,
Dryden,
NY
at
which
alternative
time all
interested persons will be
given
an opportunity
measures,
to
be heard.
Persons
may appear in person or
by
agent.
Readers
for
individuals
with
visual
impairments;
interpreters
or
other
alternative
communication
measures,
as appropriate,
for
individuals
with
hearing
impairments;
and
amanuenses
for
individuals
with
manuals
impairments,
will
be
provided
for all
who
request
such
assistance
with
Notice
to
the
Town
of Dryden at
844 -9120
or
844 -8619.
Persons
desiring
assistance
must
provide
Notice
NOT
less
than
48
hours
prior
to
the
time
of the
public
hearing.
DATED: April
/f 13th, 1995
dl b
, 7 By Order of: Henry M. Slater
Zoning Officer
Town of Dryden
cc: James Schug
All Dryden
Mahlon R. P
Dave Putnam
The Tompkin
nne Llo
Dryden T
Town Board
erkins, Dr
T. G. Mil
s County P
yd, Dryden
own Supervisor
Members
yden Town Attorney
ler Engineers & Surveyors
lanning Department
Town Clerk
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TB4 -25 -95 Page 5
• Clm Roberts - wanted to know how the trash would be handled.
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Susan Cornelius - there will be a dumpster on the site for the
tenants to share.
Clm Roberts - would like the dumpster in an enclosed area so it
is not visible from the highway.
Susan Cornelius - saw no problem with that.
Supv Schug - wanted to know if they planned on doing any
landscaping around the building.
Susan Cornelius - not at the present time. It will be just lawn.
Clm Roberts - are there any trees or shrubbery on the property as
it is now.
Susan Cornelius - there is some shrubbery there now and some of
them may have to be removed for the building.
Clm Roberts - wanted to know the hours of operation.
Susan Cornelius - 7 :00AM to 10:00PM seven days a week.
•Clm C. Hatfield - wanted to know if this would be a stick built
building.
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Susan Cornelius - yes, it would be.
Clm Roberts - wanted to know what was planned for outside
lighting.
Susan Cornelius - whatever the board wants her to do.
Clm Roberts - there is a residence across the road and the board
would prefer lighting that just lights the area and not shine on
Route 13 or across the road or next door. i
Clm Roberts - wanted to know if there would be entrance and exit
signs on the existing driveways.
Susan Cornelius -
yes,
the entrance
would be on the Ithaca side
and the exit would
be
on the Dryden
side.
Supv Schug
- wanted
them
to be
aware there is a strong
possibility
in the
next
5 to 7
years the state will be coming
through to
improve
that
stretch
of Route 13.
Susan Cornelius - that is why she is putting her building back
farther from the main road.
TB4 -25 -95
Page 6
• Supv Schug - wanted to know if there would be a sign out front.
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Susan Cornelius - there will be signs on the building and there
is also a sign holder that has been out front for years at the
other house. It will list the shops that would be there.
Supv Schug -
before you
use the present sign holder make sure it
complies with
the
present
sign ordinance since it will not be
grandfathered
in.
This
will be a wood frame building, store front
windows with
all
of the
entrances facing the main highway. Wanted
to know if there
would
be any landscaping done at all.
Susan
Cornelius - that is correct
and she
plans
on just planting
grass
to make it look nice and not
have a
lot of
obstructions to
take
away from the visibility of
the shops
that
are in there.
Supv Schug
- but in
time
some low flowers or bushes, the
grass in
the field
from the
front
of the building out to the road
will be
mowed and
kept neat.
The
little house that sits there is
well
taken care
of. The
field
gets a little ratty sometimes,
but there
is nothing
there. Since
there will be this building the
field
should be
kept up.
Clm Roberts - so you are planning in maintaining as far as mowing
the full lot.
Susan Cornelius - over as far as we own, yes.
Closed public hearing 7:45PM
Board members went over long EAF SE9R form.
RESOLUTION
#134
ACCEPT
LONG
EAF
SE9R
FORM
SUSAN
CORNELIUS
- DBA
THE
GLASS
SLIPPER
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board accept the long EAF SE9R form as
revised. It was determined there was no significant environmental
impact and a negative declaration should be made.
2nd Clm C. Hatfield Roll call - voting Yes
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TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
FAX 607 -844 -9599 In the Heart of the Finger Lakes Region TEL. 607 - 844 -8619
OFFICE OF THE SUPERVISOR
Vaughn Sherman
Gee Hill Road
Dryden, NY 13053
Re: Simms Hill Cemetery
Dear Mr. Sherman:
April 24, 1995
It was great meeting with you concerning the subject. We
appreciate your willingness to cooperate with the Town to clean
up and maintain the subject cemetery in the future.
The attached map shows the electric fence to be installed
approximately 185 feet deep and 90 feet wide. This falls
approximately 490 feet from the center line of Walker Road. The
Town will install posts and electric wire for this area and
install proper drainage and a split rail fence surrounding the
cemetery approximately 5 feet inside these dimensions. Once this
is accomplished the summer Youth Conservation Corp. will clean
up the area, fix the stones where appropriate and the Town will
maintain this area in the future.
Two copies are attached. Please sign both, return one to the
Town and keep one copy with your deed.
/m
Date
Date
Signature
Signature
Sincerely,
James F. Schug
Supervisor
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TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
FAX 607- 844 -9599 In the Heart of the Finger Lakes Region TEL. 607- 844 -8619
OFFICE OF THE SUPERVISOR
Ron Space, Director of Operations
Teaching & Research Center
Harford Road
Dryden, NY 13053
April 24, 1995
Re: Parking Area at Willow Crossing (Cortland County Road #129)
Dear Ron:
Attached please find a small map concerning the
subject.
As
you had discussed
with Larry Carpenter the parking
area will
be
approximately 30 feet by 50 feet with a portion falling
on land
belonging to Farm
Services.
There are two
copies of this agreement attached.
Please sign
both, mail one to
the Town and keep one for your files.
Thank you for
your cooperation and assistance in this matter
of using property
on the railroad tracks owned by
the State
of
New York,
/m
Date
Date
Signature
Signature
Sincerely,
James F. Schug
Supervisor
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TB4 -25 -95 Page 7
RESOLUTION #135
APPROVE
SPECIAL
PERMIT
SUSAN CORNELIUS
- DBA THE
GLASS
SLIPPER.
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board grant the application for a
special permit to Susan Cornelius with the following conditions:
1- limit of four units; 2- health department approval, 3-
entrance and exit signs; 4- the two tenants, gift shop and hair
salon; 5- current tenants only, 6- any tenants other then the
ones identified at the present time to check with the Code
Enforcement Officer for special permit requirements; 7- cement
markers for parking spaces; B- enclosed dumpster; 9- exterior
lighting should be hooded to protect highway and surrounding
residences; 10- lot will be mowed and maintained; 11- hours
7:OOAM to 10:00PM seven days a week; and 12- "Boiler Plate
Conditions" adopted 7- 10 -90.
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #136 AUTHORIZE SUPERVISOR TO
MAKE OFFER TO ROBERT TUTTLE FOR PARCEL OF LAND
Clm Baker offered the following resolution and asked for its
adoptions
RESOLVED, that this Town Board authorize Supervisor Schug to
offer Robert Tuttle $8,000.00 for a one acre parcel of his
property. (copy of what was sent to Mr. Tuttle in minute book)
2nd Clm C. Hatfield Roll call vote - all voting Yes
RESOLUTION #137 AUTHORIZE SUPERVISOR TO SIGN
AGREEMENT WITH CORNELL TEACHING & RESEARCH CENTER
Clm C. Hatfield offered the following resolution and asked for
its adoption:
RESOLVED, that this Town Board authorize Supervisor Schug to sign
an agreement with Cornell Teaching & Research Center with Ron
Space for utilization of some of their property for parking at
the end of Dryden Lake Trail in Cortland County. (copy in minute
book).
2nd Clm Baker Roll call vote - all voting Yes
RESOLUTION #138 AUTHORIZE SUPERVISOR TO SIGN
AGREEMENT REGARDING SIMMS HILL CEMETERY
Clm Roberts offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Supervisor Schug to sign
agreement with Vaughn Sherman regarding Simms Hill Cemetery.
(copy in minute book).
2nd Clm C. Hatfield Roll call vote - all voting Yes
7%
n
TB4- 25 -95.
• RESOLUTION
#139
AUTHORIZE
SUPERVISOR
TO
DELIVER
FUNDS TO
WILLIAM
&
MILLIE
REED
- TURKEY HILL
SEWER DISTRICT
Clm Baker offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board authorize Supervisor Schug to
tender to William and Millie Reed on behalf of the Turkey Hill
sewer district the sum of $15,095.00 for the purchase of their
sewer lines and manholes and other appurtenances constructed by
them. That tender is made pursuant to the purchase of water and
sewer facilities agreement dated August 29, 1989, paragraph #7
thereof. The tender will remain good until such time as the
Reed's have furnished all documentation required by the agreement
and the town attorney at which time the supervisor is authorized
to deliver those funds.
2nd Clm C. Hatfield Roll call vote - all voting Yes
Supv Schug - Joint Recreation Partnership - the board agreed if
Atty Perkins was satisfied we could move forward and sign the
agreement and pay the Youth Bureau $5,000.00 for the working
arrangement.
Atty Perkins - the agreement in its present form does not include
the Village of Dryden or the Village of Freeville. It includes
•the Village of Lansing. It does not include the Town of Lansing.
It includes the Town of Ulysses, but not the Village of
Trumansburg. One interpretation I think you can give to that
agreement is the villages are excluded because one village was
included and others were excluded. Since it is the intention of
this document to be modeled under the provisions of the General
Municipal Law the villages really need to be parties if they are
going to be covered. There are two ways to handle this, one
preferred and one not preferred. Betty Corrigan said it was the
intention that the Village of Dryden and Village of Freeville
would be covered by the town's being part of this. The better way
to handle this is the agreement should be corrected now to
correct all of the inefficiencies and short comings., as well as
to add those as parties. It may be that we pay for it out of town
funds. It shouldn't change the amount we pay, but if it is
intended the village children of Dryden and Freeville should be
parties and permitted to participate it should state that.
Clm Roberts - Previously the villages were included and that was
what the fee was based upon.
Clm Baker - so are we asking them to rewrite the agreement or are
we saying we want the Town of Dryden to pay to have the agreement
rewritten.
TB4 -25 -95
Page 9
Atty Perkins - did not think there would be a lot of expense in
rewriting it. It probably comes within the retainer with the city
or town attorney. All of the things that were pointed out in my
letter plus this big item needs to be addressed.
Supv Schug -
they want
their
money and they knew we were going to
do this when
the town
approved
it in December
as a matter of
fact. The town
voted on
it in
December about
approving it and now
they need and
want the
money
so they send out
an agreement with
no chance to
review it
before
it is signed.
Clm Baker - did not feel the town should fund an organization and
pay to rewrite their documentation which is part of the
professionalism of that organization.
Atty Perkins - where that responsibility lies is on the city
attorney. It should be done correctly. I am not sure that they
wouldn't give it that interpretation, but there are some parts of
this agreement whereby the City of Ithaca is assuming the
liability for people who are injured. What happens if you have a
child from the Village of Dryden who gets injured and the village
is not a party to this agreement.
Supv
Schug -
Empire
Livestock -
everything
is set
to demolish the
house
after
the fire
department
has had a
training
session.
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Adjourned: 9:00PM
Susanne Lloyd
Dryden Town Clerk
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