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HomeMy WebLinkAbout1996-06-11TOWN BOARD MEETING PUBLIC HEARING - Sub Shop ® JUNE 11, 1996 Supv Schug called the meeting to order at 7:30PM Supv Schug read the notice that was published in the newspaper concerning the sub shop. (copy in minute book) QUESTIONS AND /OR COMMENTS Supv Schug - the only difference from the first application that was granted is the change of operation. Clp Roberts - wanted to know if they still planned to do inside seating. Brandie Smith - yes, I do. Clp Roberts - the hours that were approved were 10 :OOAM to 10:00PM Monday through Saturday. Brandie Smith - I would like to be open 7 days a week from 9:OOAM to 11:00PM. Clp Roberts - wanted to know if they had received health department approval yet. ® Supv Schug - our review hasn't been finished yet and that could be a contingency. If this application was granted the health department approval would have to be in place. Brandie Smith - to get the food handlers permit, you have to be there and set up before they come through to check everything out. Supv Schug - you want to change the hours to 9 :OOAM to 11:OOPM sAv2n days a week and contingent upon the food handlers permit ana your permit. Closed public hearing 7:45PM Board members went over long EAF SEAR for zoning change. u „„ • • • TOWN OF 1 k"M � Yi��N, NEW YORK 65 EAST MAIN STREET, bRYDEN, NEW YORk 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT Date: May 31st, 1996 hi the Heat! of the Finger Lakes Re#oh Toe Whom it May Concern: You are hereby NOTIFIED of a PUBLIC HEARING to be held by the Dryden Town Board at the Dryden Town Hall, 65 East Main Street Dryden, New York on TUESDAY, JUNE 11TH; 1996 at 7e30 P.M. V revailing time to consider the application of Brandi R. Smith 265 S Hill Road, Berkshi previously granted to Ti business, "The Sub Shop" the Town of Dryden. re, NY who is requesting a Special Permit mothy Cornelius to operate a food service at 2215 Dryden Road, Dryden, NY within The site being within a RD Zoning District, such uses are permitted by Special Permit and Approval, See Section 902.4 of the Dryden Town Zoning Ordinance. ALL PARTIES in interest will be giv at the time of the hearing. Persons agent. If you should have any quest information, please feel free to ca between the hours of 8:00 A. M. and Very truly yours, HenryM. Slater, Zoning Officer Y Town of Dryden 65 E. Main Street Dryden, New York 13053 en an opportunity to be heard may appear in person or by ions or desire further 11 this office at 607 -844 -9120 1:00 P.M. Monday - Friday. cc: All Property Owners; within 500' of Project Property All Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Susanne Lloyd, Dryden Town Clerk Tompkins County Planning Department :a nt 0 TOWN OF lWYMN 6 DkVMN; NIE 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 Attn: A. J. Hughston, In the Heal of the Finger Lakes Regioii Legal Ads PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will hold a Public Hearing to consider the request of Timothy Cornelius to reassign his Special Permit authority to operate the Sub Shop at 2215 Dryden Road to Brandie R. Smith of 265 S. Hill Road, Berkshire, NY. All prior conditions of approval for the 2215 Dryden Road facility will remain in place. The site 2215 Dryden Road is within the Town of Dryden. SAID HE 7 an 30 P. Street, will be in pers ARI M. Dr gi on NG wi preva yden, ven a or by 11 Ne n o ag be held on ng time at w York at pportunity ent. TUESDAY, JUNE 11TH; 1996 at the Dryden Town Hall, 65 E. Main which time all interested persons to be heard. Persons may appear • Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 844 - 9120 or 844 -8619 at least 48 hours prior to the time of the public hearing. DATED: MAY 31st, 1996 Henry M. Slater Zoning Officer Town of Dryden cc: James Schug, Dryden Town Supervisor All Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors The Tompkins County Planning Department Susanne Lloyd, Dryden Town Clerk I TOWN OT DRYDEN 41 DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 In the Heart of the Finger Lakes Region 1. ZONING & BUILDING CODE ENFORCEMENT June 11th, 1996 .dames Schug, Dryden Town Supervisor 65 East Main Street Dryden, NY 13053 Re: The Sub Shop, 2215 Dryden Road, Authority Dear Jim: Transfer Special Permit As you are aware, this public hearing is to reassign proprietorship of the sub shop to Brandie Smith. As you'll recall, I completed a Special Permit review of this transfer earlier this year. At that time, I indicated that there shoul administrative items requiring further att for Ms. Smith, a County Food Handlers Perm Department Inspection. We notified Ms. Sm • to which she quickly responded, that she h Food Handler Permit, filed for a DBA and w our inspection at the same time the Health their food handlers permit inspection. Also, please find 239 L &M response Permit authority. that the Town act Very truly yours, Henry M. Slater Zoning & Building attached, a copy of the for this reassignment of As you'll observe, the as it feels appropriate. Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Town Attorney Dave Putnam, T.G. Miller Engineers Susanne Lloyd, Dryden Town Clerk Applicant, Prandie R. Smith • d be three ention; a DBA it and a Building ith of these concerns as applied for the ill be accessible for Department completes Tompkins County existing Special County recommends, & Surveyors 41 Tompkins Cou%ty DEA r-X SENT Oi~ P ,A = 121 East Court Street Ithaca; New York 14850 James W. Hanson, Jr. Commissioner of Planning Mr. Henry M. Slater Zoning & Building Code Enforcement Officer Town of Dryden 65 East Main Street Dryden, NY 13053 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law G Telephone (607) 274 -5560 FAX (607) 274 -5578 June 7, 1996 Action: Dear Mr. Slater: Special Permit Modification, The Sub Shop, 2215 Dryden Road, Tax Parcel Number 47 -1 -1.31 This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. Recycled pnper Sincerely, James Hanson, Jr. Commissioner of Planning • • • TOWN OF DRYDEN 0 DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -644 -9120 In the Ifeant of the Finger Lakes Region ZONING & BUILDING CODE ENFORCEMENT Date: December 31st, 1996 • �• - S u • qffier.rd • - ► • RE: Conditions of approval. "The Sub Shop" 2215 Dryden Rd. Dryden, NY Please be advised, that your attached permit is conditioned on compliance with the following conditions of approval that were established at conclusion of the public hearing held for your project request. RESOLUTION #154 the GRANT SPECIAL PERMIT SUB SHOP AT 2215 DRYDEN ROAD to department R. Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Smith with the following approval; 2- all required conditions granted owner Monday through Sunday, 5- 2nd Clp T. Hatfield Board approve the application the of Brandie conditions: 1- subject Shop to health to department town permits, 3- comply with all on 4- 25 -9S; 4- hours 9:OOAM to 11:OOPM current tenant only. Roll call vote - all voting Yes I i This approval, transfers, the existing Timothy Cornelius Sub Shop approval of Sept. 5th' 1995 to Brandie R. Smith. Attached is a copy. of the Sept. 5th, 1995 approval. Very truly y pyrs, HenM. Slater, Zoning Officer, Town of Dryden r � U • "TOWN O 'ORYDEN ORVI)CNo NEW VOR 65 EAST MAIN SIREET, DRYDEN, NEW YORK 13053 607 -844 9120 70NING R BUILDING COUF FNrOtICEMENT In the Item of the ringer Lakes Date: November 3rd, 1995 To: Susan Cornelius, DBA, The Glass Slipper Re: Special Permit Approval for, " The Sub Shop" Site: 2215 Dryden Road Town of Dryden. As this is a modification of the existing Site Special Permit, this approval only concerns itself with the proposed use of adapting a portion of the facility to the sub shop use and has no affect on the remaining sections of the facility or site. Once the Health Department permit is obtained, please involve our building department in the facility changes and approval of such required installations as fire safety equipment and so forth. Board members event over EAF form for thm sub shop. RESOLUTION #201 ACCEPT NEGATIVE DECLARATION SEAR EAF FORM THE SUB SHOP - Tim Cornelius Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the short SEOR EAF filed by the applicant. It was determined there was rio significant impact and a negative dec,larat jori 2nd Clm C. Hatfield Pall c.al.l cote all votiricl RESOLUTION #202 GRANT SPECIAL PERMIT THE SUB SHOP - Tim Corneli'ias form as n1•. IQ. X*�G Clm Roberts offered the followinq resolution and asked for its adoption: RESOLVED, that this Town Board grant the special permit to Tim Cornelius for a sub shop with the following conditions: 1= subject to health department approval, 2- comply with al.l conditions granted owner on 4- 25 -95, and 3- hours 10900AM to 10:00PM Monday thru Saturday. 2nd Clm T. Hatfield Roll call vote - all voting Yes Very trul�you Henry Slater, Zoning Officer, Town of Dryden tl • Town of Dryden Standard, Boiler Plate Approval Adopted July 10th, 1990 by the Town Board, Resolution 9178. These following standard approval conditions SHALL APPLY to the attached project as necessary. Applicant* R_ Smith Board Action Date 7unp 11th.,96 Action: Special Permit Authority, to Site 9 . Rd. Dryden. Ny1305; transfer, The Sub Shop from Timothy Cornelius to Brandie R. Smith. 1. The Environmental Assessment Form prepared in connection with the project is approved and accepted based upon the fact that the project will have no adverse environmental impact. A negative declaration is to be filed. 2. The project shall be constructed according to the plans submitted by the applicant and approved and filed with the Town of Dryden. 3. That the project during and following construction shall comply with all applicable Town, County, State and Federal laws, statutes, codes, ordinances, approvals and rules and regulations. 4. That the project during construction and upon completion shall not • constitute a public or private nuisance. 5. That when municipal water or municipal sewer is available to the site the applicant shall connect to the same upon notice to do so from the Town. • 6. That should the Town require easements for municipal water lines or sewer lines and necessary appurtenances in connection with the construction of a municipal water system or sewer system that the applicant, its successors and assigns, grant the same to the Town without the necessity for compensation. 7. That the rate of discharge of surface water from the site not be increased during or following construction and that measures be taken by the applicant to insure such control of the discharge of water. Any drainage improvements constructed by the applicant to comply with this condition shall be maintained by the applicant. 8. That if a buffer is required to be planted then it shall be maintained by the applicant. i At a Public. Hearing held 6/11/96 The Dryden Town Board Approved the above application based upon these standard conditions as well those attached. By this document, I make a record of that decision and make it available to public. cc: XX Applicant BY; XX Town Clerk XX Tompkins County Planning Dept., under NYS 239 XX James F. Schug, Dryden Town Supervisor XX Timothy Cornelius, Former Sub Shop Applicant L &M Authority • • 0 W 14 -12 -7 (2/87) -9c 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number SP 12-96 SEAR FDTUm3MffBr"Monam.om ••• This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, The Dryden Town Board , as lead, agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Transfer authority, by Special Permit, to operate a business, ".The Sub Shop" to new propritor. SEAR Status: Type I ❑ Unlisted fi Exempt under 6 NYCRR part 617 section 617,5.(26) Conditioned Negative Declaration: ❑ Yes Ulo Description of Action: Timothy Cornelius, requests authority to transfer his 9,5,95 Special Permit approval to a second party, Brandie R. Smith, Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) 2215 Dryden Road Dryden, New York 13053 Attached is a maked appropriate portion of the Dryden Town Map that establishes the site. r l >r 3 q O \ HI LE I J T it I I F CORN CRIB EAN DR. TOP FORTY FOOTHILL' RD 162. RO 11 1 a 1\ 1; TEHAN RD N I a 1 n n 11 11 n It ;p 1f ciij if Jh <' Z u mil in i CAF j, �.•i f�a[yy 1 T EADOW DR. LEISURE LA. DAYDEN � CENTRAL � SCHOOL f = j z E�L LI =S 38 Rn 11 he Sub a 15 1) v CJ n 'D Ira R� 13053 E RGU R BRIDLE LANE kPA, DRIVE A ¢ _lam SID U T QM JR W O 31-11% a u u u 11 4 -10 Z� N4p I cwata I 4� f ! 1 1 ` I I1= / it �HADR RO �- \j\J DR LIVERMORE 'PO CROSS RD P� O � i i 3, \' / / } J _ J G Lr qT W W 7 Q/1, RYDEN c/ ml cr LAY y [ VIRGIL c� HO CO I INT K .. n VI G�i CIRCLE LY 157 p c \uj 9 + �K r> 9�ti S AF ORD wATRO: RD KEITH LANE 157 [ q Kf CHAFFEERD O / Z I � I l30 TOWN BOARD MEETING JUNE 11, 1996 • Supv Schug called the meeting to order at 7:45PM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call was by Town Clerk Lloyd Present: Supv Schug, Clp T. Hatfield, Clp Roberts, Atty Perkins and Z.O. Slater Absent: Clp Grantham and Clp C. Hatfield Supv Schug appointed Clp T. Hatfield to audit the general fund bills and Clp Roberts to audit the highway fund bills. APPROVAL OF THE MINUTES Motion was made by Clp Roberts and 2nd by Clp T. Hatfield to approve board meeting minutes of 3- 26 -96. Carried COUNTY BRIEFING Co. Rep. Evans - reported the county did pass a request for a FEMA grant which will require $112,000.00. If this is approved it will cost the county a matched $37,000.00. The county would set up a revolving loan fund. Supv Schug - wanted the county representative aware that the town has built a road across county property to the Caswell Cemetery so it can be serviced. I let Ken Thompson know we were going in there to work and we didn't have to go across the cap as we thought we might. I wrote a letter and he indicated to me that they might have to build lagoons out there and they might have to move the trail at some time at our expense. I don't ever remember them saying we would have to move the roadway. I suggest if the county is going to build a lagoon, they build it on one side or the other of the trail. Co. Rep. Evans - I am not on that committee, so I don't know that much about it, but I will pass the word along. j Co. Rep. Lane - reported the planning committee is looking at the library system, in particular the rural libraries and reading rooms. The county is spending 1.1 million on Tompkins County library and less than $100,000.00 on all of the rural libraries and reading rooms combined. Each rural library has a different funding source, but we know the libraries are under stress and we are taking a look at them. Co. Rep. Lane - our director of assessment for many years Don Franklin is retiring at the end of June. • 9 i 0 TB6 -11 -96 Page 3 Co. Rep. Lane - transportation committee - the county made a commitment to build the Comfort Road bridge and have been notified that that project could possibly qualify for an industrial access grant which could be a substantial amount of money for that project, but would delay it. The committee will discuss this to see if it should be delayed so the county would be able to have more money for other bridges in the towns or if the bridge really needs to be built this year. Co. Rep. Lane - the board had a question about the Caswell Road dump. We will try and get that resolved. Supv Schug - the town doesn't have a problem. It is just that Ken Thompson came across like I had mentioned this before and I told him he had never mentioned we would have to move it. He knew the route we were taking and now is bringing up the possibility that the town might have to move the trail in case they build a lagoon. My position is you were supposed to let us know in the spring. Having heard nothing from the county board we went ahead and put it where the natural or existing trail was. The wetland is well below our trail anyway. Co. Rep. Lane - Dryden Lake has been part of the aquatic weed control program for a number of years along with Cayuga Lake to be studied. They feel there is a natural predator of the milfoil weeds where some kind of underwater moth feeds on these. They want to use Dryden Lake as a study for this. RESOLUTION #154 GRANT SPECIAL PERMIT SUB SHOP AT 2215 DRYDEN ROAD Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Smith with the following approval; 2- all required conditions granted owner Monday through Sunday; 5- 2nd Clp T. Hatfield Board approve the application of Brandie conditions: 1- subject to health department town permits; 3- comply with all on 4- 25 -95; 4- hours 9:OOAM to 11:OOPM current tenant only. Roll call vote - all voting Yes RESOLUTION #155 ACCEPT EAF SEOR FORM NEGATIVE DECLARATION ZONING CHANGE FROM MA ZONE TO RD ZONE Clp Roberts offered adoption: RESOLVED, that this was determined there negative declaration 2nd Clp T. Hatfield the following resolution and asked for its Town Board accept the EAF SEAR form as filed. It was no significant environmental impact and a should be made. Roll call vote - all voting Yes /J( i 0 R tl • NOTICE OF ADOPTION PLEASE TAKE NOTICE that at a regular meeting of the Town Board I of the Town of Dryden, Tompkins County, New York held on June 11, 1996, the Town of Dryden Zoning Ordinance was amended. The amendment is to Section 401 of such Ordinance which was amended to read as follows: "Section 401. All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled "Town of Dryden Zoning Map" originally prepared by Egner and Niederkorn Assoc., Inc. and last revised 5/28/96 ". The area to be affected by such change is more particularly described as follows: Description of area to be rezoned MA to RD BEGINNING at a point in the east line of Baker Hill Road where it intersects the south line of New York State Route 366; proceeding thence southeasterly along the east line of Baker Hill Road to the southwest corner of Town of Dryden Tax Map Parcel 52 -1- 45.31; proceeding thence easterly along the south line of Parcel 45.31 and the south line of Parcel 45.32 to the southeast corner thereof; proceeding thence north to the south line of premises of New York State Electric & Gas Corporation and thence west and north along the New York State Electric & Gas Corporation property line to the southeast corner of Parcel 14.2; proceeding thence westerly along the south line of said Parcel 14.2 and thence northwesterly along the west line of Parcel 14.1 to a point in the south line of New York State Routes 13 and 366; proceeding thence westerly along the south line of Routes 13 and 366 to the point or place of beginning and containing all of the Town Dryden Tax Map Parcels 52 -1 -15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 45.31 and 45.32. This amendment shall take effect after publication and as provided by law. Susanne Lloyd Town Clerk 40 f 32W- TB6 -11 -96 Page 4 RESOLUTION #156 REZONE MA ZONE TO RD ZONE Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board amended Section 401 of such ordinance to read as follows: "Section 401. All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled "Town of Dryden Zoning Map" originally prepared by Egner and Niederkorn Assoc., Inc. and last revised 5- 28 -96 ". The area to be affected by such chance is more particularly described as follows: Description of area to be rezoned MA to RD BEGINNING at a point in the east line of Baker Hill Road where it intersects the south line of New York State Route 366, proceeding thence southwest corner of Town of Dryden Tax Map Parcel 52- 1- 45.31; proceeding thence easterly along the south line of Parcel 45.31 and the south line of Parcel 45.32 to the southeast corner thereof; proceeding thence north to the south line of premises of New York State Electric & Gas Corporation and thence west and north along the New York State Electric & Gas Corporation property line to the southeast corner of Parcel 14.2; proceeding thence westerly along the south line of said Parcel 14.2 and thence northwesterly along the west line of Parcel 14.1 to a point in the south line of New York State Routes 13 and 366; proceeding thence westerly along the ® south line of Routes 13 and 366 to the point or place of beginning and containing all of the Town of Dryden Tax May Parcels 52 -1 -15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 45.31 and 45.32. This amendment shall take effect after publication and as provided by law. 2nd Clp Roberts Roll call vote - all voting Yes COUNCILMAN PRIVILEGE OF THE FLOOR Clp Roberts - received request from county that they are looking into self insurance for workmans comp. I have heard from Bill Bailey, the towns agent, that he is also proposing that the county look at PERMA which is the same company the town is using. The committee is not making any recommendation at this time. ATTORNEY Atty Perkins - Cortland Paving update - papers are ready to be served and will be scheduling examinations within the next few days. Atty Perkins - Empire land update - papers were recorded last week and still waiting for documentation from the attorney for Empire which have been promised. The town is free to go ahead with the project. 0 Supv Schug - board members went over map and drawings for project. 0 0 TB6 -11 -96 Page 5 Supv Schug - a request was made to the town board back in March by Mark Stevens to allow Pro Lawn to move into the building. Concerns that have gone on for a long time is drainage coming off the hill. It was left that Mark was in charge of getting the easements across the Regenbogen and Staley property to facilitate that variance. The reason the town board did that was because both of the neighbors complained about the water runoff. The work has been done and a ditch has been put in. Wanted to know if Pro Lawn was going to buy the building once this drainage issue is solved. Mark Stevens - yes, that is correct. Supv Schug - wanted to know if the easement had to be with Mark Stevens or could it be with Pro Lawn. Atty Perkins - it could be with either one. It would be with the owner of the land. Mark Stevens - I have not received the easement from Mr. Staley, but he is only here sign with the his Atty papers if Mr. Sullivan. I would only Mr. Regenbogen said he would put a residential house on the front lot and if I would allow him to have a commercial sign in the front I can everything yard not of get the that land the easement board has advertising from Mr. requested his attorneys office. Therefore, Regenbogen. I have done from me except for these easements. It has been a problem as far as Mr. Staley is concerned and we would Supv Schug - this cleaning and maintaining of the ditch was done for the benefit of the people. If they refuse to sign the easement so the ditch can be maintained, the only thing the board can do is look at the requirement that was put in for Mark to get the easements and take them out and let the water run wherever. Clp Roberts - wanted to know if there were any other property owners I nvolved. Supv Schug - just those two properties. Atty Perkins - the ditch work is all done, it is just the question of future maintenance. Atty Sullivan - Mr. Staley has not said no. I have just gotten involved with this. From a legal standpoint I do not have any problems with the principle of it. I want to be sure what is happening and look at the map. I don't want anybody to think that we are not interested in signing the easement. It has been a problem as far as Mr. Staley is concerned and we would not like to have a problem with the town or the board or Mr. Stevens. We want to make sure it is done right. /.3 I d %Yi TB6 -11 -96 Page 6 Supv Schug - the reason for asking for the easement was the problem was corrected some time ago when Mr. Regenbogens house was built. The ditch was kept clean and everything was maintained, then the ditch fell into disrepair and broke so this was an opportunity when Mr. Stevens wanted to sell his property to have a perpetual maintenance program. Atty Sullivan - I agree with it in principle, but I want to look at the documents that came in while I was away. I need to look at them and review them with Mark and work out the language. Supv Schug - on Mr. Staleys 10 foot easement there is a stream running there in the spring time. Atty Sullivan - if there is a problem with the other property there might be something that can be worked out on Roys property. I will have to look into this. Mark Stevens - that would be impossible because of the location of the ditch. Atty Perkins - the conditions Mr. Regenbogen put on for signing the easement was to restrict the use of a lot which is zoned commercial to residential purposes, which has nothing to do with the drainage issue. He also wanted Mark to give him permission to put a sign advertising his law practice on Marks commercial property. Mark Stevens - we have done everything the board has asked. Atty Sullivan - we can have a decision made within 10 days and do not see any problem. Atty Perkins - the town board can authorize Z.O. Slater to issue the special permit to Mark Stevens on June 21, 1996. If they can reach an agreement by then fine, if not they are on their own. The board would have to pass a resolution modifying the special permit. Original discussion and approval of it contemplated revisiting it if the efforts of Mark hadn't proved in getting the easements. Atty Sullivan - there is a document Atty Wheeler prepared called the declaration of conveyance and easements which in effect gives the town permission At least to the to go extent in and fix something that is possible if Mark we would Stevens doesn't. like the town to be able to do that so any permit should be subject to that easement. Atty Perkins - the town entry on any property would have to be premised upon an underlying right. The board can still require him to execute and record the declaration of conveyance of easement. The fulfillment of the towns obligation or his will be dependant upon securing this and you want have an obligation to do anything more. r- -I U .4*0� /35 TB6 -11 -96 Page 7 ® Clp T. Hatfield - we should adopt a resolution allowing Henry to issue a permit on 6 -21 -96 which if Mark hasn't received the appropriate easements as currently stipulated our resolution would then void those stipulations on those properties effective June 21st. Henry should give both parties notice of that. Atty Perkins - you would modify your existing approval to require Mark Stevens to execute and record the declaration of conveyance easements heretofore approved. However, Mark will be relieved if the underlying agreements or easements are not secured from Mr. Staley or Mr. Regenbogen by June 21st. RESOLUTION #157 MODIFY SPECIAL PERMIT MARK STEVENS - PRO LAWN Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, Mark that this Stevens and he Town Board grant will be relieved approval of a from recording special permit to and executing the declaration of conveyance easements if they are not secured from Mr. 2nd Staley and Mr. Clp Roberts Regenbogen by June Roll call vote 21, 1996. - all voting Yes CITIZEN PRIVILEGE OF THE FLOOR I Supv Schug - board members have a copy of letter from Doug Foster ® regarding the agreement for the easement. The board members have not had a chance to discuss this. The only thing you disagree with is item #2 in the agreement. Doug Foster - that is correct. I would like to delete all of item #2. David Putnam - agreed with the comments Doug made in his letter to the extent I would have drawn on the map if I saw any need for any other land as far as utility work goes, but as far as other town purposes I have no idea. RESOLUTION #158 MODIFYING PERMANENT EASEMENT TOWN OF DRYDEN - DOUG FOSTER Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supervisor Schug to sign the agreement between the Town of Dryden and Doug Foster modifying the permanent easement dated 6 -11 -96 with omitting Section 2. 2nd Clp T. Hatfield Roll call vote - all voting Yes n U s Date: To: From Sub. Dear Jim: June 10th, 1996 James Schug, Dryden Town Henry M. Slater, Zoning & May 996 Building & Zoning Supervisor Building Code Enforcement Off. Activity Report Building Permits: During the month of May 196, our department issued 15 building permits which are described as follows. A -1 Single Family Fire Safety Homes Residence Facilities (4) A -2 Two Family Facilities homes (1) Home Day Care Facilities (1) A -1 Renovate existing single family home (1) C -2 Erect Convenient Store with Motor Vehicle Fuel Sales (1) C- 7.Erect a Cellular Phone Relay Tower (1) C -4.1 Erect either detached or attached Private Garage (3) C -7 Install private use Swimming Pool (2) C -7 Erect a private use Dog Kennel (1) C -7 Erect a Replacement Enclosed Rear- Porch (1) Certificates of Occupancy and Compliance Certificate of Occupancy (1) Temporary Certificates of Occupancy (0) Certificate of Compliance (2) Public Inspections, Fire Safety ® Multiple Residence Facilities (1) Business Facilities (1) Home Day Care Facilities (1) Fire Investigations for the Month of May (0) Zoning Board of Appeals met on 5/7/96. The Board was able to reach a decision for (3) of the applications, while adjourning the 4th pending receipt of further details. Attached are copies of the findings and notices of decisions for the three closed requests. The Planning Board met to hold two Sketch Conference Reviews. Philip Winn representing the Country Trace Subdivision, is proposing to divide an existing approved lot selling it along with a parallel 50' strip of property that was reserved for a possible future road that would connect with a similar 50' strip owned by the Town of Dryden connecting to Crystal Drive of the Forrest Heights Subdivision. Joan Portzline has proposed a (4) lot subdivision for property which she owns at the intersection of Hanshaw & West Dryden Road. After a review of each the Planning Board determined that public hearings would be necessary and set Thursday, June 20th as the date for a Preliminary / Final Subdivision Review. Very truly __ y ours, ak AHenr M. Slater, Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney I • n L`J STATE OF NEW YORK s COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of MICHAEL PORTER for the property located At 2005 DRYDEN ROAD (Town of Dryden Tax Map Parcel No. 46 -1 -44 ) -------------------------------- - - - - -- (CERTIFICATE I; CHARLES HANLEY, Chairperson of the Town of Dryden Zoning Board of Appeals, do hereby certify, pursuant to Rule 6 of the Rules of Procedure of such board, the findings of fact and decision on MAY 74 19960 Dateds Dryden, New York (date) D @ ad' � MAY I that the foregoing are approved by such board i CHARL Hp F Y F • n u • NOTICE OF DECISION TUESDAY MAY 7, 1996 A public hearing to consider PCIRTEq, of 2009 Dryden Road► remove front 2009 Dryden Road used for a work shop and repl building to be used as A work Section 905.2 of the Dryden T An Fro a n act sh own application submi eville, NY, reque onconforming pree ng it with A site op, which require Zoning Ordinance A public hearing was duly conducted by Zoning Appeals on Tuesday May 74 1996 Charles Hanley; Mark VArvayainis, Rita FINDINGSe AREA VARIANCEe tied by MICH sting permit Hitting mobi built wood s a variance . AEL Lion to Its home frame to the Town of Dryden Board of with meabers presents Chairman Harris, and Alan LaMotte. A, 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. The replacement of a deteriorating building with one permanent stick built structure would provide a desirable change in the neighborhood. B. 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 FOLLOWSt 2. No other solution or method provides a desirable business exposure and still preserves his residential backyard. C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWSt 3. In light of Article 10 Section 1002.41 replacement of the trailer with A building would result in no substantial change from what is currently allowed by law. • • 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 FOLLOWS* 49 the n#ighboring building, belonging to the lthaca Produce Colipany is currently substantially set back from the sideline of the property. E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWSa 50 Although self created the applicants solution to the difficulty would produce A desirable change to the property And surrounding area. Resolve that this A TYPE 11 action and is exempt under the State Environmental Quality Review Act Section 617.5 (c) (7). MARK VARVAYANIS MOVED TO APPROVE THE FINDINGS. SECOND BY RITA HARRIS DISCUSSIONS VOTE YES (3) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. NO (0) ABSTAINED (0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MARK VARVAYANIS MOVED THE BOARD APPROVE A SET BACK OF NO LESS THEN SEVEN FEET FROM THE SIDE LINE BASED ON THE FINDINGS. SECOND BY ALAN LAMOTTE DISCUSSIONS VOTE t YES ( 3 ) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. NO (0) ABSTAINED (0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 DECISION: VARIANCE GRANTED 0 • • 0 STATE OF NEW YORK a COUNTY OF TOMPKINS TOWN OF DRYDEN In the *attar of the appeal of RUTH SCHWARTZ for the property located At 3 SUNNY SLOPE TERRACE (Town of Dryden Tax Map Parcel No. 57 -1 -34. 12 ) -------------------------------- - - - - -- CkAtIFICATE I, CHARLES HANLEY; Chairperson of the Town of Dryden Zoning Board of Appeals, do hereby certify, pursuant to Rule 6 of the Rupee of Procedure of such board, that the foregoing are the findings of fact and decision approved by such board on MAY 71 19960 Datede. Dryden, New York �C HAY 1 O JiC "F'C (date) D, �HARLES EY I �J • • NOTICE OF DECISION TUESDAY MAY 70 199E A public hearing to consider An application submitted by RUTH 9CHNARTZ; of 3 Sunny Slop Terrace, Ithaca, NY, requesi;ing permission to construct a carport closer than 70 feet froth the Center line of road and it rsdUdeting A Ve►rian66 td Section 703.1 of th6 Dryden Town Zoning Ordihahbd. A public hearing but in view was duly conducted by the Town of Dryden Board of Zoning Charles Appeals Hanley, FINDS AS on Tuesday Mark May 7, Varvayants, 1996 Rita with Harris, Members and presents Chairman Alan LAMotte. FINDINGSi AREA VARIANCEe At 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 FOLLOWSs i. Neighborhood response indicates that no undesirable change would be produced by the granting of this variance. 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! 20 The unique topography and the location of the well At the Site precludes any other solution. C. IN CONSIDERING but in view of the WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWSs 30 The requested variance is substantial but in view of the unique problems of this site is acceptable to the Zoning Board of Appeals. b. IN CONSIDERING3 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 AB FOLLOWSB 4. Neighborhood v^# tporise is supportive of the 4Ai^iance. E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: 5. Because of the unique topography of this site, the difficulty is not deemed self created. Resolve that this is a TYPE 11 action and is exempt under the State Environmental Quality Review Act Section 617.5 (c) (10). JOSEPH JAY MOVED TO APPROVE THE VARIANCE BASED ON THE APPROVED FINDINGS. SECOND BY MARK VARVAYANIS DISCUSSIM • VOTE: YES NO • (3 ) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. (0) ABSTAINED (0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RITA HARRIS MOVED TO APPROVE THE VARIANCE PROVIDED THE CAR PORT DOES NOT ENCROACH ON THE RIGHT OF WAY. SECOND BY MARK VARVAYANIS DISCUSSIONS VOTE: YES ( 3 ) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. 2w DECISIONt (0) ABSTAINED (0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VARIANCE GRANTED a I E P I STATE OF NEW YORK i COUNTY OF TOMPKINS TOWN OF DRYDEN -------------------------------------- In the Matter of the appeal of HELEN HALLER for the property located Board at 32 DEERHAVEN DRIVE hereby certify, (Town to of Dryden Tax Map Parcel No. 57 -1 -30: A ) -------------------------------- - - - - -- CERTIFICATE Ii CHARLES HANLEY, Chairperton of the Town of Dryden Zoning 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 MAY 7t 19960 Dated: Dryden, New York S. /0. F (data:) • �l CHnRLF HANLEY E • 0 U A public hearing t HALLER, of 32 Dear secure Certificate home Constructed i garage wore built road, requiring A Ordinance. NOTICE OF DECISION TUESDAY MAY 7, 1996 o consider haven Driv of Zoning n 1970. A closer tha variance t an application su e, Ithaca; NY, req Compliance for an resurvey determin n the required 70 o Section 703.1 of bmitted by HELEN D. uesting permission to existing single famoily ed the house & attached feet from center line of the Dryden Town Zoning A public hearing was duly conducted by the Town of Zoning Charles Appeals Hanley; on Tuesday Mark May 79 Varvayanis, 1996 Rita with Harris, members and FINDINGSe AREA VARIANCES Dryden Board of presents Chairman Alan LAMotte. As IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO PROPERTIES WILL BE CREATED BY THE GRANTING OF THE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWSe BE PRODUCED IN NEARBY AREA VARIANCE, 1. No change would be produced as a portion of the building has been in violation of the ordinance since 1970. 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: 2. C. IN THE 3. Knocking down the building is not feasible. CONSIDERING WHETHER T14E REQUESTED AREA VARIANCE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: The variance is not substantial. I IS SUBSTANTIAL, n 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 FOLLOWS! 4. Neighborhood response is supportive of the variance. E. IN CONSIDERING3 WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWSe 50 The difficulty is not self created. Resolve that this is a TYPE 11 action and is exempt under the State Environmental Quality Review Act Section 617.5 (c) (13). RITA HARRIS MOVED TO APPROVE THE FINDINGS. SECOND BY ALAN LAMOTTE DISCUSSIONI VOTEa YES (3) 0 NO (0) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. ABSTAINED (0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MARK VARVAYANIS MOVED TO APPROVE THE APPLICATION. SECOND BY RITA HARRIS DISCUSSION! ' VOTE= YES (3) M. VARVAYANIS, A. LAMOTTE, AND R. HARRIS. DECISIONS • (Q) ABSTAINED (0) P . . . . . . P . . . . . . P . . . . . . . . . . . . . . . . . . . P . P VARIANCE GRANTED I E +' r TOWN ITT t)R*fDVN +� DAYMN; NEW VORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 ZONING & BUILDING CODE ENFORCEMENT June 10th, 1996 James Schug, Dryden 65 East Main Street Dryden, NY 13053 Re: MAK Industries Dear Jim: In the heart of the Finger Lakes Region Town Supervisor As you are aware, MAK Industries has requested a modification of their November 30, 1995 Site Flan Review Approval granted for their 15 Ellis Drive Warehouse facility. In their request Novel 1 i P. E. , as condition #6, "N outside storage of earlier- thi ked that the No o outside stora of wheeled equi s year, submitted by Peter vember 95 Site Plan Approval ge ", be modified to permit pment. I believe that you and the Board concluded, at your May 14th rsession, "the request reasonable, provided screening" or some other visionary safe guards for surrounding properties be installed. • I directed a memo to both MAK Industries & Engineer Novelli relaying the Board's concerns and position. At that same time, I requested a screening and fencing plan. In response, I recently received the attached 5/28/96 drawing. You'll note it provides the foot print of a typical 8' chain link fence and 11 arboritae evergreen trees planted at 20' — 25' varying distances along critical property site boundaries. There is no description of size of the evergreens at planting time or when they would be installed. The density of these trees certainly in no way approach that of our MA Zone Section 1206 Buffer Requirements which is our only Town Specification available to compare this plan to. The Town Buffer requires, specific density & minimum height at planting. This buffer is designed as a residential buffer, however there is nothing prohibiting its' use as a commercial buffer, or the use of it in a lesser form as a commercial buffer. F I 9 i C 0 0 James Schug June 10th; 1996 Page Two MAK Industries Management has, on several occasions, suggested to that the 8' chain link fence would also be solid screening. designed and built to provide solid screening. There are vinyl strips made to be inserted into the chain links that provide, depending upon installation, a solid or partial screen. No mention of this is made on this drawing. If screening is to be required, I do not believe this plan Would be effective. More trees set on staggered centers at least 6 feet tall at planting and fence screening would achieve more appropriate screening. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Me Mahlon Perkin David Putnam, Susanne Lloyd MAK Industrie mbers s, Dr- T. G. Dry s fil /Site P1 yden Tow Miller - den Town e an Review Board Members n Attorney Engineers & Surveyors Clerk TB6 -11 -96 Page 8 • RESOLUTION #159 DESIGNATE POLLING PLACES Clp Roberts offered the following resolution and asked for its adoption: - has fireworks application from Neptune Hose Company RESOLVED, that the following is the list places in the Town of Dryden for the year District #1 - Etna Fire Station District #2 - Freeville Fire Station District #3 - Dryden Fire Station District #4 - Varna Community Center District #5 - Etna Fire Station District #6 - Dryden Village Hall District #7 - Dryden Fire Station District #8 - Bethel Grove Community District #9 - Ellis Hollow Community District #10 - Dryden Baptist Church District #11 - Dryden Town Hall of designated 1996: Center Center polling 2nd Clp T. Hatfield Roll call vote - all voting Yes RESOLUTION #160 PAY POLLING PLACES Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to pay the following polling places $100.00 for the use of their facilities for 1996. Varna Community Center; Bethel Grove Community Center; Ellis • Hollow Community Center; Dryden Baptist Church; Dryden Fire Station for District #3 and #7; Etna Fire Station for District #1 and #5. District #2 Freeville Fire Station has waived compensation for use of their facilities. 2nd Clp Roberts Roll call vote - all voting Yes Atty Perkins - has fireworks application from Neptune Hose Company which is not complete yet. There is an outstanding resolution authorizing the supervisor to sign them upon production of all of the required paperwork. This is for the application only not the permit. This is in connection with the 6 -14 -96 firemans carnival. ENGINEERING Dave Putnam - the 1 year inspection date for the Turkey Hill water /sewer is due this month. There was one problem and Bat Con has taken care of it. The water shut off valve was cracked on the inside and it was something that has never happened before. ZONING OFFICER Monthly report - given to board members Z.O. Slater - reported 1062 Dryden Road demolition will be buried on Thursday. Z.O. Slater - gave board members updated information on MAK Industries. From: WALTER GBOMAN +1(607)5993777 To; Dryden :ire Dept(599)3299 ?aae ' of '_, Sunday, June To: Ambulance Committee From: Walter Groman CC: Bill Ackroyd, Mark Bell Date: June 9, 1996 Re: Part Time Paramedics Is Due to an out of town trip, I am unable to present the following in person. At our last meeting, we discussed the need to have part time paramedics available for fill in. I would like to submit the following names �J Erik L. Verfuss Kenneth Thompson Ed Binns I have talked with these individuals and they are all interested working with the program on a part time basis. By having these additional paramedics on call, we will be able to effectively cover sick days and comp time. I feel that all of these people would fit into our system. They all are members of volunteer departments. The full time pay rate is $10.00 an hour I recommend that the rate for the part time individuals be set at $ 9.65 an hour. I will fONvard the full applications for the records later this week. r TB6 -11 -96 Page 9 Z.O. Slater - reported there is an unsafe structure (old Maser barn) at 164 Dryden Harford Rd. Showed board members pictures of barn. The owner lives in Connecticut and it was scheduled to be burned by the Dryden Fire Dept. Since then Historic Ithaca and the wife of owner are opposing the demolition or burning of the building. Z.O. Slater - reported on Country Trace subdivision - have a offer from 2 property owners to purchase an unimproved approved subdivision lot in a 50 foot wide strip of property between one of the owners and unimproved lot. This 50 foot wide strip was set aside for a future town road that would connect with a 50 foot wide strip from Crystal Drive. This would connect Bridle Lane to Crystal Drive. About 4 or 5 years ago the owners on Crystal Drive asked the Planning Board to recommend to the Town Board to release that 50 foot wide strip to the property owners. At that time the Planning Board did not support that effort. I have no reason to believe the Planning Board will support this effort. The Planning Board would like a message from the Town Board as to their feelings since there will be a public hearing on this the 20th of June. On the Crystal Drive side the town owns the 50 foot wide strip and on the Bridle Lane side the developer owns it. Atty Perkins - it was reserved on the plot plan map to reserve this by the Planning Board. Supv Schug - the reason for this being on the plot plan subdivision • is that in the future the town may want to join the 2 roads. RESOLUTION #161 NOTIFY resolution PLANNING BOARD TO KEEP EASEMENT ON BRIDLE LANE Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town keep the easement since Board recommend the town to already owns the Planning Board to the property on the other side connecting to 2nd Clp T. Hatfield Crystal Roll Drive. call vote - all voting Yes I HIGHWAY SUPERINTENDENT Hwy Supt Gilbert - Yellow Barn Road - gravel and stoned what was possible and cut some trees. Caswell Road - waiting for estimates on guide rail Hile School Road - still waiting for more information on culvert. Pinckney Road repair - still waiting for NYSE &G i TB6 -11 -96 Page 10 CORRESPONDENCE Dryden Village Police report - Dryden Lake ISTEA funding - board members have copies Dryden Ambulance - board members have copy of report RESOLUTION #163 APPOINT PART TIME PARAMEDICS I Clp T. Hatfield offered the following resolution and asked for its adoption: harmless - Supv Schug - I was asked by RESOLVED, that this Town Board appoint Eric Verfuss, Kenneth Thompson and Ed Binns as part time paramedics at a rate of $9.65 per hour to fill in for sick, comp and vacation time (when applicable) of full time paramedics. 2nd Clp T. 2nd Clp Roberts Roll call vote - all voting Yes County - Van Nortwick cemetery hold harmless - Supv Schug - I was asked by the county solid waste to sign a hold harmless agreement. RESOLUTION #164 VAN NORTWICK CEMETERY HOLD HARMLESS Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden will indemnify, defend and hold the County of Tompkins harmless for any claims, actions or proceedings arising out of the use or maintenance of the Van Nortwick Cemetery and the access thereto. 2nd Clp Roberts Roll call vote - all voting Yes ISTEA funding - board members have copies DISCUSSION Renew police contract for Dryden Lake Park RESOLUTION #165 DRYDEN LAKE PARK CONTRACT Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to sign a contract with the Village of Dryden for police protection at Dryden Lake park and trails in an amount equal to the current contract. The new contract will run from July 1, 1996 through June 30, 1997. 2nd Clp T. Hatfield Roll call vote - all voting Yes • FINAL SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BOLTON POINT WATER SYSTEM AGREEMENT TO CHANGE WATER RATE SCHEDULE THIS AGREEMENT to change Water Rate Schedule is made as of the 2nd day of January, 1996, between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and on behalf of all water districts in the TOWN OF DRYDEN served by the Southern Cayuga Lake Intermunicipal Water Commission, (hereafter referred to as "Dryden "), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York (hereinafter referred to as "Ithaca "), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of all water districts in the TOWN OF LANSING served by the Southern Cayuga Lake Intermunicipal Water Commission, (hereinafter referred to as "Lansing Town "), VILLAGE OF LANSING, on its own behalf and as successor to LANSING WATER DISTRICT 1, Tompkins County, New York, (hereinafter referred to as "Lansing Village "), and VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York, (herein after referred to as "Cayuga Heights "), all of the parties hereto sometimes collectively or individually referred to hereinafter as "Municipalities" or "Municipality ", WITNESSETH: WHEREAS, the above named municipalities have entered into an amended, supplemental, restated and consolidated agreement of municipal cooperation for construction, financing and operation of an • intermunicipal water supply and transmission system dated as of June 5, 1979; and WHEREAS, pursuant to said agreement each municipality agreed to pay to the Southern Cayuga Lake Intermunicipal Water Commission (hereinafter referred to as "Commission "), water revenues based upon, in part, a water rate schedule annexed as Exhibit I of Schedule A to said Agreement; and WHEREAS, because of increased costs, the Commission believes it is advisable to adopt a new water rate schedule in the form annexed to this agreement; and WHEREAS, Schedule A of said June 5, 1979 agreement provides that the water rate schedule may not be changed by the Commission without the written agreement to such change of all the parties; and WHEREAS, Exhibit I of Schedule A to said agreement has been amended from time to time since the initial date of the agreement; and WHEREAS, the parties believe it is necessary to amend Exhibit I of the Schedule A further; and WHEREAS, the parties are willing to agree to such change; NOW, THEREFORE, in consideration of the premises and the mutual undertakings of the parties pursuant to said June 5, 1979 agreement, the parties hereby agree that Exhibit I of Schedule A annexed to said June 5, 1979 agreement be amended effective January 2, 1996 and that thereafter the Exhibit I annexed hereto is adopted as the water rate schedule for all purposes under said June 5, 1979 agreement. • Page 1 of 4 This agreement may be executed in multiple counterparts which, when taken together, shall constitute a complete document even though each of the counterparts may not bear the signatures of all of the • parties. is n U IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and year set forth above. TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF DRYDEN SERVED BY THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TOWN BOARD OF THE TOWN OF ITHACA Page 2 of 4 • I This agreement may be executed in multiple counterparts which, when taken together, shall constitute a complete document even though each of the counterparts may not bear the signatures of all of the parties. IN WITNESS WHEREOF, the parties have executed this agreement to become effective as of the day and year set forth above. TOWN BOARD OF THE TOWN OF DRYDEN ON BEHALF OF THE TOWN OF DRYDEN AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF DRYDEN SERVED BY THE SOUTHERN CAYIICTA T.AVP MTTrDAATTT'TT.•l TOWN BOARD OF THE TOWN OF ITHACA T Page 2 of 4 TOWN BOARD OF THE TOWN OF LANSING ON BEHALF OF THE TOWN OF LANSING AND ON BEHALF OF ALL WATER DISTRICTS IN THE TOWN OF • LANSING SERVED BY THE SOUTHERN CAYUGA LAKE MTERMUNICIPAL WATER COMMISSION VILLAGE OF CAYUGA HEIGHTS By: Per Resolution # lq Zy 7 , Dated /a /6 95 1995 • VILLAGE OF LANSING ON BEHALF OF SUCH VILLAGE AND AS SUCCESSOR TO LANSING WATER DISTRICT I • By: eo� �, 0 1 fj v Per Resolution # 3 /016 , Dated 10 z 4,5� , 1995 Page 3 of 4 EXHIBIT I SCLIWC - BOLTON POINT WATER SYSTEM 1996 WATER RATE SCHEDULE EFFECTIVE JANUARY 2, 1996 RATE STRUCTURE: The flat rate charge per 1,000 gallons shall be non - fluctuating and equal to two dollars and fifty -five cents ($2.55). This rate is equal to one dollar and ninety -one cents ($1.91) per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly bills sent after January 2, 1996. Actual or base consumption may occur prior to January 2, 1996. MINIMUM BASE CHARGES: Notwithstanding the foregoing rate structure, the following minimum base charges shall be applicable to the meter size indicated below, for regular quarterly bills sent after January 2, 1996. The table below shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: BASE MINIMUM BASE METER SIZE CONSUMPTION CHARGE (INCHES) (GALLONS) .(DOLLARS) • 3/4 103000 25.50 1 3000 76.50 1-1/2 455000 114.75 2 901000 229.50 3 1405000 357.00 4 2001000 510.00 6 3505000 892.50 Multiple Housing and mobile home parks of over 2 dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three- quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum base charge for a three - quarter inch meter (e.g., if there were 20 dwelling units on the master meter, and total water consumption shown by the master meter was 100,000 gallons, the Commission billing would be $510.00 (20 units times $25.50) rather than $255.00 (100,000 gallons at $2.55/1000 gallons). • Page 4 of 4 W E SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION SYSTEM "WA CA, JA4 TOWNS OF DRYDEN • ITHACA • LANSING — VILLAGES OF CAYUGA HEIGHTS • LANSING • (607) 277 - 0660 —FAX (607) 277 - 3056 —E -MAIL SCLIWC @aol.com MAILING ADDRESS: P.O. Box 178 Ithaca, N.Y. 14851 SHIPPING ADDRESS: 1402 East Shore Drive Ithaca, N.Y. 14850 COMMISSIONERS: GEORGE J. CONNEMAN Chairperson JEANNINE KIRBY Vice Chairperson CATHERINE VALENTINO Treasurer RONALD ANDERSON JEFFREY CLEVELAND I ONALD HARTILL TEPHEN LIPINSKI June 28, 1996 Supervisor Jeannine Kirby Town of Lansing P O Box 186 Lansing, New York 14882 Re: Town of Lansing Water District No. 17, Extension No. 3 (Fiddler's Green) — Public Water Supply Demand Dear Supervisor Kirby: The Commission has been informed about the formation of the above referenced Water District Extension. As of the date of this letter, the Commission is willing and able to meet the public water supply demand for this Water District Extension. The average daily demand for this Water District has been estimated to be 5,525 gallons per day. The Commission is permitted to withdraw six (6) million gallons per day (MGD) of water from Cayuga Lake for treatment and transmission to the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing. The average daily water demand experienced by the Commission is 2.4 MGD. H. MICHAEL NEWMAN The Town of Lansing is party to an Agreement of Municipal Cooperation SHIRLEY RAFFENSPERGER (AMC) which provided for the original construction and continual operation of the Bolton Point Water System (BPWS) by the Commission. These facilities were JAMES SCHUG designed to meet the present and future needs of the parties of the AMC. The 1996 metered water rate charged to customers of Water District No. 17, KEVIN M. KAUFFMAN Extension No. 3 consists of a BPWS component ($2.55 per 1,000 gallons) and a Executive Director Town of Lansing component ($0.638 per 1,000 for quarterly consumption from 0 and 49,999 gallons; $1.02 per 1,000 gallons for quarterly consumption from 50,000 and LAWRENCE PARLETT 599,999 gallons; and, $1.53 per 1,000 gallons for quarterly consumption greater than Administration or equal to 600,000 gallons). The BPWS component is intended to recover all cost associated with the BPWS source of supply, treatment, storage and transmission JACK RUECKHEIM facilities. The Town of Lansing component is intended to recover all cost associated Distribution with the Town's storage and distribution system, including operation and maintenance PAUL TUNISON costs. Production Should you have any questions, please contact this office. � Sincerely, / 1vY)IL / 14f1moq� Kevin M. Kauffman, Executive Director 40 cc: Commissioners Rich John, Esq., Town Legal Counsel Excellence in water quality and customer service • 6/26/96 TO: Town of Dryden Town of Ithaca Town of Lansing Village of Cayuga Heights Village of Lansing RE: Transmittal of 1996 SCLIWC Rate Agreement I am forwarding this extra copy of the referenced agreement to all member municipalities. Please double check the location of the earlier file copy we sent before using this one as a working copy. 0 Thanks Larry Parlett AMENDMENT TO TRANSMISSION MAIN • MASTER METER AGREEMENT MALI Ups -rk THIS AGREEMENT is made as of the 13 day of J "r, ,1996, by and among THE TOWN OF DRYDEN, 65 East Main Street, Dryden, New York, 13053 on its own behalf and on behalf of Dryden Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District and the Turkey Hill Water District (hereinafter referred to as "Dryden'); THE TOWN OF ITHACA,126 East Seneca Street, Ithaca, New York, 14850 (hereinafter referred to as "Ithaca "); THE TOWN OF LANSING, 29 Auburn Road, Lansing, New York, 14882, on its own behalf and on behalf of the Town of Lansing Water Districts 2 through and including 11,13,14,15 and 17 (hereinafter referred to as "Lansing Town"); VILLAGE OF CAYUGA HEIGHTS, 836 Hanshaw Road, Ithaca, New York, 14850 (hereinafter referred to as "Cayuga Heights "); and the VILLAGE OF LANSING, 2405 North Triphammer Road, Ithaca, New York, 14850 (hereinafter referred to as "Lansing Village "); each of said municipalities being a New York municipal corporation, and the five municipalities are referred to herein collectively as the "municipalities" and individually as a "municipality." PART I - RECITALS WHEREAS, Dryden, Ithaca, Lansing Town, Cayuga Heights and Lansing Village • executed a Transmission Main Master Meter Agreement dated as of the 12th day of March, 1996 (the "Master Meter Agreement "); and WHEREAS, attached to the Master Meter Agreement was a schedule of ownership, maintenance, and cost sharing responsibilities; and WHEREAS, the projects set forth in the Master Meter Agreement have been bid and the bids are in excess of the amounts previously authorized; and WHEREAS, the parties wish to acknowledge such increased cost and authorize the expenditure of funds to accomplish the project as originally envisioned, NOW, THEREFORE, for good and valuable consideration, the mutual receipt and legal sufficiency of which are hereby acknowledged, the parties hereto agree as follows: PART II - AMENDMENT OF AGREEMENT 1. The Master Meter Agreement is hereby amended by substituting for the original Schedule A on such agreement the transmission main master meter project ownership, maintenance, and cost sharing responsibility (comparing engineers' estimates • and low bid figures) attached hereto as Exhibit A. SCLI WC\ AGREEMENTS\ AMEN DM AS.DOC 6/11/96 2. Each of the parties hereto consent to the awarding of a bid in accordance • with the attached Exhibit A by the Town of Ithaca acting on behalf of itself and the other parties to this Agreement. 3. Each of the parties hereto agree to pay its share of the cost of said project as set forth under the columns denominated "Bid" inclusive of the engineering fees making the approved total project costs for each of the municipalities as follows: Dryden $ 41000 Ithaca $150,000 Lansing Town $ 11940 Cayuga Heights $ 33,884 Lansing Village $ 46,500 SCLIWC $ 61,632 TOTAL $297,956 4. In all other respects the Master Meter Agreement remains the same. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and become effective as of the date set forth above. • TOWN BOARD OF THE TOWN OF DRY DEN / L n James Schug, Deborah Grantham Charles Ha IN Ronald Ro SOLI WC\ AGREEMENTS\ AMENDMAS. DOC 6/11/96 TOWN BOARD OF THE TOWN OF LANSING Herbert Beckwith Paul Butler ryYJ X04ro W�w V r MA A ll 21 A • 0 TOWN BOARD OF THE TOWN OF ITHACA Catherine Valentino, Supervisor dward Conl Y l Carolyn G�igoro David L. Klein Mary Russell SCLI WC\ AGREEMENTS\ AMEN DM AS. DOC 6/11/96 VILLAGE OF LANSING Don Hartill, Mayor VILLAGE OF CAYUGA HEIGHTS w Ownership. Maintenance. and ( ost Sharing Responsibilities (Comparing Engineers Estimates and Low Bid Figures) is printed nn 5!7/96 I:. \Illlil'('A kmk:ca pr ro is in mcs•i2.zls -Main Connection SCLIWC SCIAWC Lansing (V) Lansing (V) Cay lights Cay Ilghts Ithaca Dryden Dryden Lansing (T) Lansing (T) Total Total (bid Location (estimate) (bid) (estimate) (bid) (estimate) (bid (estimate) Ithaca (bid) (estimate) (bid) (bid) (bid) (estimate) or purchased) Oakcrest -- -- - - structtwe S 51600 S 61946 S 17,500 S 219708 - -- mete 3,500 21765 - S 40,610 Airport -- - -- structure 5,600 69946 17,500 21,708 meter 29800 21765 40,610 Spruce Lane 25% 25% 65% 10% M3,632 structure 6,800 9,079 17,680 23,605 2,720 meter 3,500 21767 - 399082 Sheldon Road 80 /° 80% I S% structure 14,160 22,620 2,655 4,241 885 1,414 mete 3,500 2,767 21,200 31,042 Apple Orchard structure 21,700 319203 met 3,500 29765 25,200 33,968 Pine Tree structure 17,700 43,324 metet 39500 1,765 21,200 469089 Pearsall Place structure 239200 26,048 mete 3,500 2,764 26,700 28,812 Burdick Pump Station structure 785 - met _ Other 785 - Spam meter 19080 754 19080 spare cover plate 364 244 364 hydraulic model upgrade 11500 69500 1,500 6,500 billing sofjwa­rc upgrade 29500 3,500 2500 39500 O.B.S. by-pass 5,600 51600 50600 - Contingcncy(100/9) 49604 31500 2,096 8,294 272 - 167 189933 Bonding Costs n/a n/a n/a n/a n/a n/a 51000 n/a n/a da n/a n/a 5,000 NG gin 11,784 Subtotal 50,648 61,632 38,500 439416 23,057 319700 %,230 128,421 29992 39632 1,837 19414 213,262 270,213 Engineering] 4,107 2,992 2,156 29185 7,804 81851 205 250 103 97 14,375 14,375 Total $ 50,648 1 S 619632 S 42,607 S 46,408 S 256213 S 33,884 S 104,034 S 1379272 S 3,197 S 39882 S 19940 S I,5I1 5227,637 S 2849588 "structure" =building (including electrical, drainage, dchumidifcation, ventilation); piping (starting at and including the checking municipal totals (OK!) 2279639 284,589 valve on the tee at the connection to the T- Main); appurtenances (including slwt -oR valves, check valves, pressure reducing valves, gages, etc.); relocating and installing existing control and telemetry, equipment. meter" = meter, strainer, and meta head transmitter. • indicates new "other" item (addition to building for natural gas engine not included in engineers estimate). is printed nn 5!7/96 I:. \Illlil'('A kmk:ca pr ro is in mcs•i2.zls NOTICE OF ADOPTION 0 PLEASE TAKE NOTICE that at a regular meeting of the Town Board of the Town of Dryden, Tompkins County, New York held on June 11, 1996, the Town of Dryden Zoning Ordinance was amended. The amendment is to Section 401 of such Ordinance which was amended to read as follows. "Section 401. All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled "Town of Dryden Zoning Map" originally prepared by Egner and Niederkorn Assoc., Inc. and last revised 5/28/96 ". The area to be affected by such change is more particularly described as follows: Description of area to be rezoned MA to RD BEGINNING at a point in the east line of Baker Hill Road where it intersects the south line of New York State Route 366; proceeding f thence southeasterly along the east line of Baker Hill Road to the southwest corner of Town of Dryden Tax Map Parcel 52 -1- 45.31; . proceeding thence easterly along the south line of Parcel 45.31 and the south line of Parcel 45.32 to the southeast corner thereof; proceeding thence north to the south line of premises of New York State Electric & Gas Corporation and thence west and north along the New York State Electric & Gas Corporation property line to the f southeast corner of Parcel 14.2; proceeding thence westerly along the south line of said Parcel 14.2 and thence northwesterly along the west line of Parcel 14.1 to a point in the south line of New York State Routes 13 and 366; proceeding thence westerly along the south line of Routes 13 and 366 to the point or place of beginning and containing all of the Town Dryden Tax Map Parcels 52 -1 -15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 45.31 and 45.32. This amendment shall take effect after publication and as provided by law. Susanne Lloyd Town Clerk • is • TB6 -11 -96 Page 11 RESOLUTION #166 SALES AGREEMENT WITH TRACEY ROAD EQUIPMENT Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town Board hereby refuses to approve any Sales Agreement(s) with Tracey Road Equipment dated 7 -3 -95 and refuses to pay the Tracey Road Equipment invoice no. 1240501 in connection therewith for certain Frink plow equipment because of irregularities in the procurement and bidding requirements and hereby directs the Highway Superintendent to return any and all plow equipment under Sales Agreement(s) dated 7 -3 -95 and to obtain a full and complete refund of $8,975 heretofore paid to Tracey Road Equipment (invoice no. 1240401). 2nd Clp Roberts Roll call vote - all voting Yes RESOLUTION #167 RECESS FOR EXECUTIVE SESSION Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town discuss personnel matters 2nd Clp T. Hatfield Board recess for executive session to and CRWD negotiations. Roll call vote - all voting Yes Town Board recessed for executive session - 9:15PM Reconvened at 10:30PM and the following action was taken. RESOLUTION #168 AUDIT ABSTRACT #106 Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #106 voucher #542 to voucher #624 for a total of $161,523.99. 2nd Clp T. Hatfield Roll call vote - all voting Yes RESOLUTION #169 SIGN AGREEMENT WITH CHURCH Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor is authorized to sign agreement with the First Presbyterian Society of the in the form presented as requested by the church. 2nd Clp T. Hatfield Roll call vote - all Adjourned: 10:35PM Susanne Lloy Dryden Town �.1c1 n the lease Town of Dryden voting Yes /31 I A