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1996-08-13
1 roe' TOWN BOARD MEETING AUGUST 13, 1996 PUBLIC HEARING - Benicor Corp. Minutes of public hearing at 8:OOPM Supv Schug - read the notice that was published in the newspaper concerning the application of Benicor. be a problem with us. (copy in minute book) QUESTIONS AND /OR COMMENTS Linda Roscoe - Tricycle Enterprises this is a woodworking company which makes cabinets, mill work and cabinets which get permanently attached to buildings and structures. Supv Schug - wanted to know if there would be changes to the exterior of the building. Linda Roscoe - there would be no changes made. Clp Roberts - wanted to know how many employees would be working there. Linda Roscoe - they would like to build the business up to employee 16. Clp Roberts - wanted to know how the business would affect the neighbors. Linda Roscoe - they do produce noise when they are running the machinery, but there is some distance between us and the neighbors. I didn't think the noise would be any greater than trucks going down the road. ! Clp Roberts - wanted to know if they minded having the hours from 7:OOAM to S:OOPM Monday through Friday. Linda Roscoe - we may find there are occasions when we would have to do some overtime during the week. The normal operation of 7:OOAM to 5:OOPM would not be a problem with us. Jack Roscoe - would feel cramped if I had to come and ask the town board if I could work on a Saturday to meet a production schedule. I would like to be able to work on a Saturday and if the neighbors complain about the noise it could be addressed at that time. Clp Roberts - wanted to know how the trash would be handled and if the dumpster would be outside and if it would be shielded. Linda Roscoe - there would be a dumpster in back of the building �• and out of site. • Closed public hearing - 8:30PM I r • TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 ZONING & BUILDING CODE ENFORCEMENT In the Heart of the Finger Lakes Region Date: December 31st, 1996 To: Jack & Linda Roscoe, Tricycle Enterprises, Inc: 465 N. Road Freeville, New York 13068 RE: Conditions of approval. Please be advised, that your attached permit is conditioned on conpliance with the following conditions of approval that were established at conclusion.of the public hearing held for your • project request. • RESOLUTION #179 the following resolution GRANT SPECIAL PERMIT TRICYCLE ENTERPRISES Town Board grant the special Inc. with the following through Saturday; 2- permit is for current problem this will have to Roll call. vote INC. - (Benicor Facility) Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, Tricycle 6:OOAM to Conditions, if there 2nd Clp C. that this Enterprises B:OOPM Monday 3- special is a noise Hatfield Town Board grant the special Inc. with the following through Saturday; 2- permit is for current problem this will have to Roll call. vote conditions: "Boiler tenant be - permit to 1- hours Plate only and 4- mitigated. all voting Yes Ve y truly yours, Henr M. Slater, Zoning Officer, Town of Dryden 9 • Town of Dryden Standard, Boiler Plate Approval Adopted July 10th, 1990 by the Town Board, Resolution #178. These following standard approval conditions SHALL APPLY to the attached project as necessary. Applicant: Tricycle Enterprises, Inc. Board Action Date R- 1� -AEi- Action: Approve Occupancy of Existing Fa �/te:465 N_ Rd_ FrPPvi11A, MY 1 306,8 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. At a Public Hearing held August 13th,96The 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 _Tompkins County Planning Department XXJames F. Schug, Supervisor, Town of XXJon Metzgar, Benicor Corp. Dryden P is • 14 -12 -7 (2187) -9c 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number S . P . -9 -96 SEAR Date Dec.31st,96 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: Lease a portion of an existing commercial facility for custom wood working shop manufacture, assembly storage and related sales. SEQR Status: Type I ❑ Unlisted k Conditioned Negative Declaration: ❑ Yes IBNo Description of Action: Tricycle Enterprises, a custom wood working shop will construct wood products, store and ship finished wood cabinets and related custom wood products. Facility is an existing 16,000 sq. foot light use structure equiped for this type of use. industdia Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) 465 N. Road is about Dryden. Attached is indicated. 4 miles, +/ north of the village of portion of the Town Map with the site GROT_ 34 34 DRYDEN 106 � OCEAN ,• DR. � 5w AN ao I 105 \WEST 106 r O �HILE. - -- SCHOOL -- -o k0 M1((ORYVILLE S r Z R EA _T MALLORYVIL RD RD t— (- -_- ---- ---------------- I I 163 —ry icycle Fnfevrrises = fPLf 105 ybS U.TZoad _. CRICKET . + ry eeu 111e) N. Y, • EADOw OR. OL _ LANE r� 06 i 38 w LEISURE LA. e tiFq Q w / O 0 a BROOK YN R q 1081 i - - « 105 / v� 51MM5 HI L HANFOib RD R j c pRR Y1 l �� \�� M TT RD 163 LIVERMORE w - IVA k 1-- IKvR a –�• .\ CROSS RD ; \ JI -� 13 DRYDEN CENTRAL SCHOOL TILE o r w ELLIS `I h 36 RD w J Z,/ _ o aK •. � •IIt =I III r \ � 0 0 W i L"l -DP Y Q. Cal �h a Q N 4 CORN o 0.0 13 I 4 ,� ®© L`o ;a2 VIFGIL Ci CRIB OaYOEVA I F `,. i RO I THRES1 �a RACE Q N I CO IN K fER SO kO vl G!L 7 E GUSON RD ..<. �► I - KTµESERIY CIRCLE TOP FORTY BRIDLE zl FOOTHILL RD LANE ` 157 p �. 162 Dec r°, SPA- DRIVE 1 0: t ', s- �^ 9j STAFFORD (' a> ti Yd"I ti ROAD If ` pUT N k 9 m� I rEHAN RD ; S Q- DR O wAT60: RD 'P If �b3H1V) — ii C51 KEITH if rit ANE I, al - RD L 157 t4k F i <' ul ;; RD EASANT Co i „ O w CARD RD ° CHAFFEE RD . . •. .� a 4 i u oil M 162A 82 W„ � z m O \ • TOWN OF DRYOhN 6 ORVOtNo NEW YOLK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 ZONING & BUILDING CODE ENFORCE un Ithaca Journal News 123 W. State Street Ithaca, New York lit the Heon-1 of the Finger Lakes Region Attn: A.J. Hughston, Legal Ads PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will hold a Public Hearing to consider the request of Senicor Inc. to lease an existing facility at 465 North Road, Freeville, NY for the purpose of design and manufacture of wood products. SAID HE 8 no 00 P. Street, will be in pens ARING wi M. preva Dryden, given a on or by 11 Ne n o ag be held on ng time at w York at pportunity ent. TUESDAY, AUGUST 13TH, 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: JULY 29TH, 1996 114(V )V. a&,&, Henry M. Slater Zoning Officer Town of Dryden cc: Jam All Mah Dav The Sus es Schug Dryden lon R. P e Putnam Tompkin anne Llo Dryden Town Town Board Mem erkins, Dryden , T. G. Miller s County Plann yd, Dryden Tow Supervisor bers Town Attorney Engineers & Surveyors ing Department n Clerk O r1 LJ Ll 607-04i-9120 7.OrJir1(; ° r3UILDIFdG conE rt roncEblENr July 30th, 1996 65 EAST MAIN STpEET, DhYDtN, NEW Yo k 13053 In file Ileaii of the Finger Laces Regioii Jon Metzger, Benicor Inc. 2064 Lake Road Elmira, NY 14903 Ream Special Permit Hearing Date for Tricycle established Dear Jon: We Have established a date and time to conduct a Special Permit Review of your proposed Tricycle Enterprises; Inc. custom wood shop lease of the 465 North Road, Benicor facility. The Tuesday, review will nugust be 13th, conducted 1996 at B.00 at the PM prevailing time on Dryden Town Hall, 65 East Main Street, of Dryden, New York. project, Enclosed is a copy of your project, my review and resulting correspondence relative to this Special Permit request. You'll note, the one issue I raise is, review item #7; the anticipated affect the project will have on the immediate neighborhood, community & community services. I would ask, that you prepare an assessment that addresses item #7 of review. You may submit this prior to or present it at the time of the hearing. Please bear in mind, that you or a qualified agent appointed by you, must be present to represent the project during the review. Very truly yours, Henry M. Slater Zoning & Building CC: James Schug Town Board Mahlon R. P Dave Putnam Susanne Llo Tompkins Co Code Enforcement Officer Dryden T erkins, Dr , T.G. Mil yd, Dryden unty Plann own Super yden Town ler Engin Town Cle ing visor Attorney eers & Surveyors rk I 0 11 0 TOWN OF DRYDEN • bRYMNo NEW YORK 65 EAST MAIN MEET, DRYDEN, NEW YORK 13053 607 -844 -9120 ZONING & BUILDING CODE ENFORCEMENT July 29th, 1996 In the Ueaet of the ,Purger Lakes Region James Schug, Dryden Town Supervisor 65 East Main Street Dryden, NY 13053 Re: Special Permit Application From: Benicor Inc., Transfer 2/27/96 Special Permit and Lease 465 North Road, Freeville, NY Facility to Custom Wood Shop Dear Jim: I've completed a preliminary review of the above mentioned application and find that application sufficiently complete to forward application, all supporting documents and my review comments to you and the board for your review. At this time I'm asking that Hearing on August 13th, 19964 you and the board to hold a Public All concerns that I have determined are listed on the attached comment and review form. All required notifications for this application have been completed. If you should have any questions, concerns or desire further detail, please feel free to contact me as necessary at 844 -9120 Monday through Friday between 8:00 AM & 1:00 PM. Very truly yours, / I Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Mem Mahlon R. Perk Dave Putnam, T Susanne Lloyd, Applicant, Ben h i i ers ns, Town Attorney G. Miller Engineers Dryden Town Clerk cor Inc. & Surveyors • L • 607 -844 -9120 ZONING & BUILDING CODE ENFORCEMENT July 30th, 1996 65 EAST MAIN STREET, DRYDEN, NEW Yonk 13053 fn the Hemy of the Finger- Lakes Regioia James W. Hanson Jr., Commissioner of Planning Old Courthouse Building 121 East Court Street Ithaca, NY 14850 Re: Special Permit Review pursuant to 239 L &M, NYS General Municipal Law Dear Commissioner Hanson: Please find enclosed copy of Special Permit application, and a request on behalf of the Dryden Town Board to establish itself as the lead agency for the project review. You'll observe, there is Board approved a more int this facility, applicant proposed tenant, TricyclE the project is exempt and not a SEQR form incl ensive industrial us now wishes to transf Corp., a woodworkin er current SEAR Sect uded. Since t e on 2/27/96 f er use authori g shop. I bel ion 617.5 item he or ty to ieve 26. A hearing date, August 13th, 1996 has been established for the project, the transfer of Special Permit Authority to a replacement tenant with similar but less intensive use. Could you please, respond comment by August 13th, 1996. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer cc: James Schug, Dryden Town Town Board Members Mahlon R. Perkins, Town Dave Putnam, T. G. Miller Benicor, Inc., Applicant Supervisor Attorney Engineers & Surveyors SPECIAL PERMIT REVIEW Applicant: ion: Benicor Corp. Lease 465 North Road, Benicor Facility Date: to custom cabinet 3/8/96 Designer Manufacture. Sites 465 North Road, Freeville, NY 13068 Parcel: 27 -1 -227.2 Zoning District: RD Hearing Date: 8/13/96 Submitted to County on: 7/29/96 Review by. Henry M. Slater Section 1303, SPECIAL PERMIT Requirements Review 1). Name of the applicant, name of business and legal owner of the property /premises. Property Owner: Benicor Inc. 2064 Upper Lake Rd. Elmira. NY Leasee: Tricycle Enterprises, Inc 2). Has a property survey map or other legal description of premises been provided? .A copy of the site plan as it exists is included No changes_ from the 2/27/96 Approved plan other than a replacement tenant Approval condition ( #2) "Ithaca Gun Company only ", is the specific issue of this Special Permit modification requests 3). Has the applicant provided a detailed description of proposed use which includes, off street parking, road cuts, and other site uses relative to project? Yes, See attached June 25th, 1996 Project description submitted by Jon Metzger of Benicor Inc. Also see Feb 96 Site Map of the facility and grounds. 4). Has a sketch of site and site improvements been supplied? No site improvements are proposed and would not seem to be needed, other than possibly to existing septic system. 5). Is Sewage disposal and water supply facilities existing or proposed and permitted by what means? Currently there is an on site private well •and septic system. Current septic is rated for 11 employeesm Applicant suggests a maximum of 16 employees. Generally, the Health Dept would require a new application and a soil test that would determine if there exists sufficient room and soil quality to extend, existing system, when an existing system fails. Until then, existing system use is permitted 6). Has applicant provided a description of current uses of the premises adjacent to the project site? See Feb 196 Site Map 7). Has applicant provided a general statement appraising the effect of the proposed project and use on the adjacent properties, the environment and future development of the neighborhood and community in general? No, however, I have asked that applicant to supply such analysis either prior to or at the hearing. 8). Applicant has provided copies of all permits or application for such permits required by all other local, state or federal agencies necessary for this project. None would appear necessary for this use Comments or concerns! Applicant has not submitted a new EAF, however; by the New SEUR exemption list, generally the transfer of an existing approval of like or similar use approval is exempt by revised SEAR section 617.5 item 26 Also attached is a copy of the Board's Feb 27. 1996 approval A_n_eed for septic system enhancement was a condition of approval, item 6 Request is specific, replacement tenant for granted 22 /227/96 Approval. N, NO Henry M. Slater cc: Town Board Members • Mahlon R. Perkins, Dave Putnam, T. G. James Hanson Jr., Applicant, Benicor Dryden Town Attorney Miller Engineers & Surveyors Tompkins County Planning Dept. Inc. ,dd1pNUCATIUN FOR satciaL rRnnIt 6"WN or bnYUE b"Y"t"t NSW Yank MAIL On P"I" i tills tnftM toe town Cleric town of thyclett I)►ytien, New Yvtk Siteclai (eitttll "no .So `-r G- 99 A11141callo11 dale gin_ - -- f Al,t,llcnllo11 Is Irerelty r►taci(5 Iv Itlull(11 I, Exlrrnl j, Co11verl I Q, 011mr A Sftuctute locale(I at _Qi'----------- -_ - - -- _ - -. Yowi" "M bryderi, New Yotfc. In i,rr, Used for Vt r^ Owitrr of I..nmil _ T�.�l , - - - - - -- - - - - - -- - - -- -- - -_ fJull(let -- 11 Corishuctlnit Is for other 11t;in 111(5seitl 1_111d Uwrter, Show FJmnnTr' �21C � . M�+Illira 1lcltltess __ -4Jd5rD the Situcf11rr(sJ will be nq, ��lo��ll wsr ltr.rltrftrd hcrittlis Ohlolnet) - bstle t yhr itf cotislr11cliott � �1�- �--- - - - - -. ___ -- f rn11lticlns Courtly l le:ilili beltf. Nurturer of Stoller _ -- - - - -- -- 1 owtr Cleri(, ' — tlumber of 1111114 — - -- _-- ..__ —__.- Slrer±l 01)(511111" �1Ype of Ileac 111,slhtg _— -- - - - - -_ 011111her of 1111lts ------------------- - - - - -- grthetvlso►: Sri11 rr rl. rinor Atesi, Fx 17� I �Ge Miler -fill ---- - - - - -- Ili serttelit -'= - - - -- - Sewer sal) ----- - - - - -- I"Itst rlonr _ _Q( ilil;ltway !;little Seroml ( long over Second — -�— - - -- - - -- l)r lvewny -- -- lliclr, ht ^1tr.r.ltrr Mu1111)le heside11r.e __ _ -_ -- llte U11dersip11ed n1,1)Iles lot Per Ill 1"%0 trt In do Ilse or llr•Rlrla11o11s of Ure 1nw11 of I)rydelt, ?levy Yolk or 111e11f9 a11d 1111or1»aUou givers herel11 pits Coltecl to I ale o1 I tell htp, I-)ale of Advetlisl11p, YPA� 7__.___I fee f :►irl Adverlisi11p 10841 .7`2_ Slmcia) hetrttll /lppinved Sr,rcial fe►mll Drnlerl -------------.-.--_-_..-- thidet A►llcle XIII of lite 7.01111111, 01cli11;111ce. above, Its itccoidmtce whir till hr6vislo11s of Of I.aws viper§ ltnvh►q !urlscllct1011, and ®1111111§ II1a1 all MAP- WA belief. � Cruet^, Srs� 11110111; tit), Pg #5 07 Aq� IMPORTANT NOTICE TOi Ti All APPLICANTS of Building Permits, Special Permits, Zoning Variances and All other Type of Required Reviews or Permits Issued by the Town of Dryden. Effective Date: September 14th, 1988. From: Henry M. Slater, Zoning Building Code Enforcement Office Town of Dryden, 65 East Main Street Dryden, New York 13053 Subic Violation of any Part or Parts of, The Town of Dryden Zoning Ordinance or Title 19 N.Y.C.R.R. (Adininistration and Enforcement of the Uniform Building i Fire Prevention Code), Be Advised as Follows: Due to the ongoing disregard of both the N.Y.S. Building Fire Prevention Code and the Dryden Town Zoning Ordinance, the Town of Dryden will STRICTLY ENFORCE all REQUIREMENTS tG REGULATIONS of both. The following will be the general policy of the Town and this office: 1). No BUILDING PERMITS will be issued to any applicant until such time that all other required permits, certificate's and documents have been submitted to this office and found to be acceptable and complete. 2). No PUBLIC HEARINGS or TOWN REVIEWS will be scheduled for any purpose until this office has reviewed and found that all applications s ti d uppor ng ocuments are 100% complete and that all necessary supporting documents are found to be accurate and complete. 3). If at any time prior to the issuance of any above permit or authority to proceed has been granted, it is found that CONSTRUCTION or OCCUPANCY has begun or taken place, the violator and property owner will be PROSECUTED in a court of law by this office or the Dryden Town Legal Authority, 4). After necessary permits have issued, if it is found that any holder of any permit takes occupancy, opens its doors to the public or uses a permitted device without obtaining a CERTIFICATE OF OCCUPANCY or CERTIFICATE of COMPLIANCE, the holder of that permit will be PROSECUTED in a court of law by this office or the Dryden Town Legal Authority. 5). In summary, no violation or noncompliance of either the Dryden Town Zoning Ordinance or the New York State Building Fire Prevention Code will be tolerated by the Town of Dryden. No violation of any local, county, state or federal law or regulation will be tolerated either. Action will be taken against all violators. Penalties for such violations are, 4100.00 per day not more than 15 days in jail or both. Each days breach shall constitute a new and additional violation. 6)0 All fees and reimbursable expenses must be paid within, 10 days of billing by the Town of Dryden. There may be more than one billing. No permits will be issued un P. such fees arA paid. �X Applicants Signat re 9 X Date • f� U E 2064 LAKE ROAD EL.MIRA. Nt--w YORK 14903 (607) 733-7106 Town of Dryden 65 East Main Street Dryden, Ncw York 13053 Attu: 1 Icnry SI:!tcr RC: l)rydcn Pepsi Warchousc North Road Dear I lcnry, As promisee!, I would submit to you a business plan for the proposed use of the above property as per mu- prospectivc Icasee, Tricycle Enterprises, Inc.. whose president is Linda RuxC� �e. "The facility will be used for light manufacturing and assembly of would products. Our regular hours will he fr(A 7:311 am to 4:00 pm Monday thru Friday. Additional work may be (lone on a second shift or on weekends. We anticipate up to sixteen cmployees when at full operation. In addition to their arrival and leaving from work, we would expect one or two truck deliveries to the facility each clay, and one or two shipments from the facility .1 clay." It seems that we are finally closing in on a acceptable lease arrangement with this company S() would appreciate Jim, Mahlon, and yourself giving consideration to granting our extended special permit covcring light manufacturing and assembly for the above business plan. S icerely J(i W. Mozoer • • I `Alt_ WN 11�� �►i� �1�i�,N i If�t1�I���,N, i��'V tr�c�� hr; [As1 MAIII 61101, MIAMI. 11hW Y610 1,40.44 (;o? 0.1.10126 zrr►itllrl ll hl►�I11111d t-.rO H0.0ficNA111 li:1l h ± March 12th+ 1996 Irl dfc 11r.'rtii of 111r hfl�el LIP(d IZrkidll lo! Jon_Metzear, Benicor Corp. 2070 Upper Lake Road Elmira POh�Tt9 of_f view York._._14903 thr7! Town this thr '1 own -;_ na grant resolt.,tlon accept hr± t,t1ii(lICIt1tlli hk A1114ovri1.. bj[t tit 116dt 7�11ng t)�jktb*2/27/96 t14V l r(l l.lirit youv 41: Q: figltetl 1,0:v1'Mll to fill rciNl, titlr.t; ulIli k(Irs tt)llowltio, thm(IllAti w tit 1l1)1ittivdl. llt:tt Oritr. t��il.t+llillhill.tl At_ ttitlrhl±tlall H Eltf� 111114l.b 11401-ho 1104 tt)t- yollt- I,tt� t ti lll0ll :. ^l)l) fovt.J 6y 1AY4 11 U411 h4001.11: 1.0t1 l l -01 & 102 ) Cl.o ^ed public hear.ings 8600PM Rr�t,rd memhera went over EAF SECR form. RESOLUTION #101 ACCEPT EAF SEOR_FO_RM ITHACA GUN (FORMERLY 13ENICOR F'ACILI'TY) Cl.p adopt:loil PESOLVE1), POh�Tt9 of_f that- Off.ererl thr7! Town this thr '1 own following_ Pnnrd na grant resolt.,tlon accept thn� and FAF asked SEAR foram for It:!3 an f`.1.1r�(I by environme,)tal 2nd the applicant. C1p 1'. Itatf..ield facility r.rrrrent "f3c,i. I►nalth 210 impact ter. C1p tenant P.l.sit_e 11r1p:aT.- (7unritham It was nisi determirted a negative Roll . folloving approval call. there declaration vote cor,ditionns Gun); Poll was - 111 no should stgni- voting fi.c,ant-. he mldn. Ye^ RES JLUTIQ I TIIACA #1U2 GUN ( GRANT SPECIAL PERMIT EKLY - Benicor) C I p Pobrr a.dc,p, ion s PrS()I,VEU, ts; that of_f eyed thln thr7! Town f cr -1.owi Board na grant resolet: the ion special. anci asked permit f.or - i. Petifcr,r: .<,, facility r.rrrrent "f3c,i. I►nalth 210 ter. C1p tenant P.l.sit_e 11r1p:aT.- (7unritham with 1:mr))t: the only Condlt:lot'S` . folloving approval (i.thaca 5-- o.f. cor,ditionns Gun); Poll ,1.1 revived call trash - 41.1 ucr. vote 1- stored prior. prior nl.l condiT.ionr- instcle; conditiow voting and Yee^ rn(�t.; 6 2- 1 ,t i I i • ToWh bf bryden Standard# tloilei Plate Approval Adopted July 10th, 1990 Theso following stAndArd Approval condition's SHALL APPLY to the attached prof @ct Ag n C ski r�!i hpplicAnt; BenicoreCorp. aoard Action Date.?/ 27 96 pct i on l Special Permit, Ithaca Gun Co . , Inc . S i t e 1465 N. Rd. Freeville 2_ NY_ 13053 1. Thp Env i ronhient A 1 #assessment r-or OiNo j Pict It 600pp by @d And Accepted Will hAve no Advergo environment to b@ filed. Granted, see Dryde 2. The project ijkAll be constructed the ApplicAnt And approved And f m prepared in connection with the based upon the fact thAt the project Al impact. A negAtiv6 declaration is n Town Resolution # 101 according to the plAns sl.tbmitted by fled with the Town of Dryden. 30 That the project during and following constr�_tctfon shall comply with all ApplicAble Town, County, State and Federal laws# stat�.jtes, cedes, ordinAvhccst Approvals Arid rules And regulations. 40 That the project doHnq corostt^uct fon and upon comp] @t ion shall not constitute A public or private freUltance. 50 That When mWnicfpAl water or munfcipal sewer- ig AvailAble to the site ® the ApplicAnt ehAl1 connect to the same i.tpon notice to do so fvo►n the Town. S. That should the town require easements for municipAl water lines or sewer lines And h@ce5s6ry 1ppurtLbn nce3 in connection With the construction of A htunicipAl water- System or !tWer System that the ApplicAntt its successors And Assignst grAnt the sanity 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 be taken by the Appl icAnt to insmre 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. Be That if a buffer- is required to be planted then it shall be nlafritained by the applicant. Items #, (2 -8) apply as necessary: At A Public hearing held 2/27/96 — The Dryden Town Board Approved the AboVA ApplicAtion bRSed upon these st€indard conditions as well those+ attAched. By this doct.trnent, I make A record of that decision And make it AvAi lablo to public. pyi • 14.12.7 (2187)-9c 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number S . P. —_ 2-96, SEAR Date Eieh._?7thA 96 This notice is issued pursuant to Part 617 of the implementing regulations . pertain 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• Lease existing manufacturing Company; for the purpose of final product. Stak Status: Type I ❑ Unlisted IR Conditioned Negative Declatetion: ■ Mi facility to; The assembly of parts Ithaca Gun into the Description of Action: The Ithaca Gun Company would propose . to assemble parts; warehouse parts for assembly; warehouse the final assembly, sporting firearms;'Ishotguns, and use the facility for a distribution center: Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) 465 N. Road Freeville; New York, Town of Dryden; Tompkins County. Please see attached site map GR T '141 DRVDEN B r 1 _ DR• u \HOLE SCHOQL______ - - --- -- ----------------- 1 38 w n R YN R 108 dd RRY1 r G ! s �1 b sq 8 T 1l ''u MLLE R EA51JI MALLORY a / 163 105 comes i am 6) i r 13 / �EADOW DR. � �'I S t LEISURE LA. 100ses"'�,•. of F `_ � I a r ,�� -- �_ O v SIMMS HI _ HANFORD R DR \ -- �y \� a W 169 LIVERMORE CROSS RO i Or `\ \ Q` cc �- 13 PJ OAYDEN CENTRAL W — 5! H00 L E1115� C \ = 38 RD PqW W I 1 ( DRYDEN R. CORN (I R,ti I ®� ; d VIFGIL CRIB DpVOEN "R ESHER ;o �a T PLACE I T G ' k P E SON E WSW �C K IMBERLY N�N CIRCLE u' TOP FORTY BRIDLE Z) 157 J -` / cI TO uj FOOTHILL' RD 162 �Tt �-r- `� RD o o O �P� DRIVE I K '• Ox ¢/ a y 9� STAFFORD �l y ROAD 11 SOUT N k ,N '!% c.er. n TEHAN °Q OR WAT I'' RD 1'11J3H1 14 to 1i K��NE It It r-il RD _ 137 kf 1 � m DUG A ANT �� RD tip ; i 0 n �l_,,` CARD �� CHAFFEE I RD It 'o L D ,i 3 m �s I O � 162 J � 82 WI >1 yf 0 fat l '•, ..;;�,y .. / 157 Ll 0 • 5, s, rmd N N 4) cd M /O • r 1 r4 U W ftb (L) r a '0 b ® 4mJ �- �4 ® � O 4�J Q O A`■ N Y 44 U ° . o p o O U O 0 E G U) r4 0 0 [[0_,, H a a� b Q N $-/ Cd 4J N WI CCd h-! (1) .,4 M co cad En r 0 0 a 4) cill V) N O rwi O rmi O •rl r-1 O N a H b A O qr4 • O U Q) U O O l� i n 0 TOWN OF llItVOEN 0 ORVOhN; Nti:W IVORK 65 EAST MAN STREET, DRYDEN, NEW Y013K 0053 607 -844 -9120 lit the lkail of the Pinger Lakes Region ZONING & BUILDING CODE ENFORCEMENT Date: July 29th, 1996 To: Whom it May Concern: You are hereby NOTIFIED oP 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, AUGUST 13TH, 1996 at 8:00 P.M. prevailing time to consider the application of Benicor Corp. of 2070 Upper Lake Road, Elmira, NY who is requesting a Special Permit to lease the existing facility to a custom wood speciality and furniture manufacture for the purpose of design and manufacture of wood products at 465 North Road, Freeville within the Town of Dryden. The site being within a RD Zoning District, such uses are permitted by Special Permit and Approval, See Section 902 of the Dryden Town Zoning Ordinance. ALL PART at the t agent. I informat between IES in int ime of the f you shou ion, pleas the hours Very truly yours, erest heari ld hav e feel of 8:0 will be given an opport ng. Persons may appear e any questions or desi free to call this offi 0 A. M. and 1:00 P.M. Mo 2. wi S44, Henry M. Slater, Zoning Officer Town of Dryden 65 E. Main Street Dryden, New York 13053 unity to be heard in person or by re further ce at 607 -844 -9120 nday - 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 H 0 SEQR Negative Declaration Page ---- Reasons Supporting This Determination: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) No SEQR Declaration was provided. Project is exempt under the provisions of 6 NYCRR Part 17, section 617.5 -(26), "transfer of existing permit authority. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: The Dryden Town Building, Zoning & Planning Office. Contact Person: Henry M. Slater, Codes Officer Address: 65 E. Main Street Dryden, New York 13053 Telephone Number: 607 - 844 -9120 8 :00 A.M. - 1:00 P.M. Monday - Friday For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233 -0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Tricycle Enterprises Other involved agencies (if any) Tompkins County Planning Department, 239 L.& M. Authority. i I i i Wal& GaYm 4 A r AIL rr Flo :.. Nor s woo. -� - Ir. tj IIr rt n VII _ w '3 �•� t !'. fry..• -_+ ,r. n• _...r'.. �•A[ Or ter, £, S �s4n: aayw i.t�� �Li.... /Trf. fT V -Ilk n� 'i1`= `r,'�irr *'fir- ♦ _ w - :.. "s`• °."rug -T r -v5� + A^ . - in as fiAii 7 v' Y -...,lye• ♦ w Ir �,S,Rc '.ae� � y ' dXAi n'� •.t ._ - .. a ':Y o 2 Xv VI V' k~�" . Cbrne,\,k U, vtr_5 i }`a A1. e• Nom %V -' n L� 9 j {` rf loop era =;jam Y v 1 N- !71;. F +►: q} oat b l �S s _ t C ' , y I t 1 I A I l� 1 �l i s ff, ,mot 1 t ' S�1 *r l� 1 �l i s ff, ,mot 1 t TB8 -13 -96 Page 2 ' TOWN BOARD MEETING AUGUST 13, 1996 Supv Schug called the meeting to order at 8:30PM 4. 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 Grantham, Clp T. Hatfield, Clp C. Hatfield, Clp Roberts, Atty Perkins and Z.O. Slater RESOLUTION #179 GRANT SPECIAL PERMIT RICYCLE ENTERPRISES INC. - (Benicor Facilit Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant the special permit to Tricycle Enterprises Inc. with the following conditions: 1- hours 6:OOAM to 8:OOPM Monday through Saturday; 2- "Boiler Plate Conditions; 3- special permit is for current tenant only and 4 if there is a noise problem this will have to be mitigated. 2nd Clp C. Hatfield Roll call vote - all voting Yes Cayuga Press - easement Atty Perkins - since the town is giving up an interest in real property the only way the town can dispose of that is the board has to make a determination that the easement area is not presently used for town purposes nor is it contemplated to be used for any town.purposes in the future. In addition the town board must determine an adequate consideration. The proposal here is to release from the easement that area of the proposed The building within 6 inches of the foundation of the wall. Press a consideration of that would be the convey' Y Cayuga similar amount of easement area to a e oppositelsideoofethe determined by the town engheetotalt full pamount of the original easement area maintaining easement area. Part of the consideration should be that the foundation for the Cayuga Press building should be made at, least the depth of the sewer line where it is at the easement area* he town should not be liable for any undermining of because of a break in the former easement area. RESOLUTION #180 RELEASE EASEMENT - CAYUGA PRESS Hatfield offered the following resolution and asked for Clp T. in minute book) its adoption: (copy Roll call vote - all voting es 2nd Clp Grantham • i k3 RESOLUTION NO. 180 (1996) • Councilperson T. Hatfield offered the following resolution and asked for its adoption. • • WHEREAS, the Town of Dryden is the owner of a permanent easement dated October 19, 1988 and recorded March 19, 1991 in Liber 660 of Deeds at page 877 in the Tompkins County Clerk's Office, which easement is utilized by the Town in connection with water and sewer districts including the Monkey Run Water District and Monkey Run Sewer District and which permanent easement covers lands of Cayuga Press of Ithaca, Inc. (Cayuga Press) situate on Hanshaw Road in the Town, and WHEREAS, the Town is the owner of a permanent easement dated November 7, 1988 and recorded March 19, 1991 in Liber 660 of Deeds at page 879 in said Clerk's Office which easement is also utilized by the Town in connection with water and sewer districts including the Monkey Run Water District and Monkey Run Sewer District and which permanent easement also covers lands of Cayuga Press situate on Hanshaw Road in the Town, and WHEREAS, the two parcels owned by Cayuga Press which are subject to the aforesaid permanent easements are adjacent to each other and the two easements form a single 25' wide permanent easement running between said parcels, and WHEREAS, Cayuga Press has requested that the Town release from the first aforesaid permanent easement a small gore of land which will enable Cayuga Press to construct an addition to its existing building, and WHEREAS, after review by the Town Engineer it appears that the land to be released from the permanent easement is not now needed for the purpose for which it was acquired and for no other Town purpose, and WHEREAS, Cayuga Press has offered to substitute a parcel of land equal in size to the parcel to be released from the easement so as to maintain the full width of the permanent easement owned by the Town, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden as follows. 1. It is hereby determined approximate dimensions of 4' x 50' located on the north side of the 10' in the first recital hereof and just on said parcel is not needed for originally acquired or for any othe that the gore of land with approximately 100 square feet) permanent easement referred to south of the existing building the purpose for which it was r Town purpose. 2. It is hereby determined that the substitution of additional land equal in area to the land to be released from the permanent easement and the execution by Cayuga Press of the agreement hereinafter described is fair and adequate consideration to the Town for the release of a portion of such easement. 3. The Town Supervisor or Deputy Supervisor is authorized to enter into an agreement with Cayuga Press in form and substance satisfactory to the Town Attorney which agreement shall provide for substantially as follows: (a) Release of approximately 100 square feet from the permanent easement as aforesaid, (b) Granting to the Town a permanent easement over additional lands of Cayuga Press constituting approximately 100 square feet in a location and configuration recommended by the Town Engineer as a substitute for the parcel released from the easement; (c) Containing an agreement whereby Cayuga Press agrees to hold the Town harmless for any claims, damages or causes of action due to a rupture, leak or collapse of the sewer line and affecting the building to be constructed within the area to be released from the permanent easement unless such damage is caused by the negligence of the Town or its authorized contractors; (d) Requiring the foundation of the Cayuga Press building constructed within the area to be released from the permanent easement be designed and constructed according to recommendations of the Town Engineer; (e) Requiring Cayuga Press to pay all of the Town's expenses incurred with respect to the release from the easement and substitute of additional land for an easement, including engineering and attorney's fees; and (f) Requiring Cayuga Press furnish a survey of the parcel to be released and the parcel to be substituted and final as -built drawings. 4. This resolution is adopted subject to a permissive referendum as provided in the Town Law and the Town Clerk shall, with the assistance with the Town Attorney, prepare an abstract of this resolution and publish and post notice of adoption of the same as required by law. Seconded Councilperson Grantham IFRoll call vote all voting Yes N TB8 -13 -96 Page 3 0 COUNTY BRIEFING Co. Rep. Lane - reported the Forest Home bridge project is under way. Decision was made to postpone the work on the Comfort Road bridge so the county could apply for an industrial access grant. This allowed the county to add another bridge to the work of New schedule which will be the West Dryden Road bridge over Mill Creek. Co. Rep Lane - the planning committee reviewed the progress of the master plan work at TC3. This is an 8.5 million dollar project. Currently they are under one half million under budget and may stay that way. Co. Rep. Lane - the waterfront study is proceeding for Cayuga Lake. Co. Rep. Lane - the government operations committee spent time discussing problems with the cable television and situations on cable access. Co. Rep. Evans - the health and environmental quality committee will be looking at the scanner accuracy law. They are proposing fines for accuracy of less than 98 percent. The division of weights and measure would do this randomly and any business using • the scanner will be checked periodically. There are also fines for prices that are incorrect. Co. Rep. Evans - the flood mitigation program currently has some concerns about the partnership with the municipalities in the county and the landowner and what we would do if a particular municipality chose not to participate in the plan. The county would like this county wide and accepted by all municipalities. Co. Rep. Evans - electronic future is on the way to developing a contractual. They are waiting for the County, BOCES, the city school district, possibly the hospital, and Cornell University. They would combine those entities into a single computer network. Cornell is willing to supply the computer software required..The next step would be to expand this to the county and town governments and libraries. Co. Rep. Evans - the health department approved changes in Article 6 of the Sanitary Code. This will be going to public hearing and if it is passed you will be looking at Article 8 and the subdivision rules. This will bring the health code into compliance with the requirements of New York State. Co. Rep. Lane - reported on Virgil Creek - the MRCS and Corp. of Engineers toured the site so the #26 permit will be issued to • allow the preliminary work to be started. TBB -13 -96 Page 4 Co. Rep. Evans - the program committees will be reviewing the county budget for a proposal to the finance committee. The county has proposed a zero based budget for people asking for special requests. Apparently it was stated now was a good time to ask for special requests since there was a 3.8 million dollar surplus this year. The requests came in at 5.8 million dollars. On September 11th the county will be holding a forum on the budget. There will be special invitations sent out and hopefully they will come and express their concerns about the budget. COUNCILMAN PRIVILEGE OF THE FLOOR Alan Berger, Chief of the Varna Dept. - they have outgrown their present facilities with M &T bank on Dryden Road and have purchased plan land on Turkey Hill Road to build a new fire station there. Went over the site plan with board members and guests. They plan on keeping the site in the natural state to provide a buffer zone to the neighbors. Erica Evans - wanted to know what type and how the building was going to be constructed. Alan Berger - it will be a Morton pre engineered metal building pole barn construction. • Clp C. Hatfield - wanted to know the size of the parcel. Alan Berger - it is just under 4 acres. Clp T. Hatfield - wanted to know if they had enough money to move forward with this project. Alan Berger - they have purchased the site. They are investigating loans with M &T bank and Tompkins County Trust Company. They plan on financing this without asking for any increase in our annual contract. They will be asking for donations from the community. Clp Roberts - wanted to know the plans for the existing building. Alan Berger - they don't have any. They might be interested in renting it on a long term basis. A lot depends on what happens to the Varna Community Assoc. They have been looking into developing the site for senior citizen housing. Supv Schug - wanted to know if they had talked to the neighbors like I asked you to. Alan Berger - they have just started talking to them. There were flyers sent out telling what was going on and have started going door to door. Supv Schug - wanted to know if they have received any feed back or problems. TBB -13 -96 Page 5 • Alan Berger - the biggest concern I have heard is noise, heavy truck traffic and sirens. They don't anticipate a lot of traffic because they don't have that many emergencies. They already use Turkey Hill Road on a lot of their calls in the Ellis Hollow area. 50 percent of their calls the trucks are already traveling that road because they can't make the corner at Turkey Hill and Mt. Pleasant. Clp Roberts - wanted to know if there was any feed back from the motel owner. Alan the will Berger - ones that maintain the motel is supportive of them, in fact they are sold the fire department some of their land. They an easement to use the spring water that is on the site. There is a house about 255 feet south of the proposed site and across the road are 2 houses and our driveway would come between the 2 of them. Erica Evans - was concerned that they were not consulted in the neighborhood before all of this took place, not that we would have objected in any way, but it would have just made it a lot nicer instead of it being presented something that is already done. Supv Schug - 6 months ago wh • mentioned if you think you a talk to the neighbors. I kno on the property, and we are only 6 neighbors there that you would have the neighbors didn't. U en I met with the fire department I re going to find a place get out and w you signed the papers a month ago all pressed for time, but there are are close by. I asked you before so on your side, but eventually you Erica Evans - it would have been a nicer thing to do. Supv Schug - I hope the fire company takes into consideration the possible use of the building that it will be compatible with the community center. Don Westcott - owner of Yellow Freight on Route 13 - in June Mr. Duffet came before the board to ask permission to allow him to purchase the Yellow Freight building from me. This was accepted by the town board, but I have learned from the Z.O. Slater that the road going to the building has not been accepted as a town road. I am here to request the town board to accept the road since it was built to town specifications. Gave board members copies of agreement for them to review that I was going to turn the road over to the town. I have met with Hwy Supt Gilbert and everything is done except for the paving. It was inspected every step they did to make sure everything was done right with that intent of turning it over to the town. Mr. Duffets attorney will not let him close on the property until this issue is resolved. 1 ON • • 40 TBB -13 -96 Page 6 Atty Perkins - wanted to know if the subdivision plat had been filed. Z.O. Slater - the subdivision plat was filed in 1993. Atty Perkins - Mr. Wescott will have to finish the road and then do the transfer documents. He has never made a formal offer of dedication. Atty Perkins - wanted to know why this was different from any other subdivision. Z. 0. Slater - I told Mr. Westcott he would have to talk with the town board since there were three possibilities..Since the road that is proposed serves no lot that wouldn't be served by an existing public road. It was my opinion that the town was under no obligation to take it. They could take it or take it with the modifications. This would be a board decision and not my decision. The Planning Board entertained a 9 lot proposed subdivision and a sketch conference in April of 1993. In June they had another sketch conference which no reference was made to the proposed future road. It was still on the plat going down to the Yellow Freight building. The Planning Board held a preliminary final plat review the following month. The road doesn't ever seem to be mentioned again. That is why it is labeled a proposed road. Atty Perkins - wouldn't it be proposed if it was built. This is the plat the Planning Board signed off on. Z.O. Slater - that is correct. The access of the Yellow Freight building itself to Route 13 would be difficult. Then again this could be a driveway. Supv Schug - wanted to know if the road had been built to town specs. Hwy Supt Gilbert - I checked on each step while the road was being built so it meets specifications. Z. 0. Slater - Mr. Westcott would have to go back to the Planning Board and ask for relief from the remaining lots since they were supposed to be commercial. Supv Schug - if the board wants to accept it as a town road there will have to be an accurate survey and a legal description. Atty Perkins - I can discuss this with Mr. Westcotts attorney on what needs to be done. iW TB8 -13 -96 Page 7 �- Ralph Varn - I am doing some work on Peregrine Hollow. It is part of the sewer work that I had to do which I had put up a check in the amount of $13,110.00. We are in the process of doing that work now and hope to have the work done by Friday. I would like to request of the town board that they approve a resolution that lets Mahlon release funds with a letter from Dave Putnam saying all of the work has been complete. Atty Perkins - this is the $13,110.00. Release of these funds are subject to approval by the town board. The completion and there, but he hasn't done inspection of all the required approvals. Required improvements are to be completed and inspected prior to August 1, 1996. In addition it is the sole discretion of the town board the sum may continue to be held until such time as the issue of the unauthorized alterations to the road intersection have been resolved. Dave Putnam - the allignment of end of road is there, but he hasn't done any work. There are trees that have to be removed. Ralph Varn - that work is part of the other money which we have up of $32,000.00. continue This included all of the road work. Atty Perkins - the terms in which those funds were accepted are specific. In addition in the sole discretion of the town board • this sum $13,110.00 which was to cover the sewer work may continue to be held until such time there is the issue of the unauthorized of retaining wall alternations to the road intersection has been resolved. This obviously has not been resolved. Dave Putnam - no, the work has not been done. The issue of what has to be done has been resolved. Atty Perkins - that statement was made on the condition in light of this letter. This letter is specifically referred to in the conditions of approval. (see copy of letter from town engineer dated 11- 16 -95). Ralph Varn - the entrance has basically been moved 3 and a half feet toward the Reeves property. The reason the statement is in there is if it stayed where it was there was some talk about having to do some kind of retaining wall which would be an extra cost that the town did not want to hold back money for that. Atty Perkins - with respect to that issue the proposal was to move the center line of the entrance road 3.5 feet east will eliminate the need for the developer to install a retaining wall and guide rails. Atty Perkins - wanted to know if the town had ever signed off on • the revised plan to move the center line 3.5 feet east. I think that is why that language is in there to make sure we eventually received a revised plan which would show the moving of the road. TB8 -13 -96 P_•- • Dave Putnam - I don't recall ever seeing the revised plan. Ralph Varn - I don't believe there ever was a plan done that was on the subdivision map. We created this problem by doing something different. How do we remedy that problem and this is the solution we came up with. This would be covered under the as builts once the road was completed it over with creek material. They have and sidewalks were in. Supv Schug - suggested Ralph get the work done, get all of the approvals completed before September 3rd. If at that time the board can work out a release on good faith the other work that is going to be done. ATTORNEY Atty Perkins - Cortland Paving - Mr. Ottenshots attorney attempted to withdraw. Pending his being relieved by the court, you will find on the schedule for examination for Mr. Ottenshot. I have learned today there has been some activity on the site. Z.O. Slater - there has been gravel brought in on the weekend and the following weekend he leveled the site disrupting the drainage patterns, drainage lines that carried run off water to the creek. Atty Perkins - wanted to know if he covered up a State culvert or ditch and if they had been notified. Z.O. Slater - no they haven't. Margaret Darchangelo - Mr. Ottenshot is filling in the whole area which was originally 3 acres of wetland. He has displaced all kinds of animals and birds that used to live in there. Atty Perkins - wanted to know the condition of the land today. Margaret Darchangelo - today about 50 loads of gravel was brought in from the creek. They have a bulldozer right in the middle of the creek down on Forest Home Drive. Atty Perkins - so he is filling the lot and has not made provision for drainage. Margaret Darchangelo - they have been putting piles of road material, large chunks of concrete and black top filling in the area for the last 3 years but never going to the edge of the property until the present time. They are now moving all of these various piles from where they were to the very edges and covering it over with creek material. They have raised the land up now so it is going to create a problem. . Atty Perkins - when all is said and done, he has filled in the area and he doesn't need a permit to do that. t C/a TB8 -13 -96 Page 9 Carol Hoff - wanted to know the usage he has a permit for. Atty Perkins - he doesn't have a permit since he doesn't need a permit to fill. He needs a permit if he takes material there and then removes it. If he continues to do that as a practice then he would need a permit. I am not sure if there are any DEC permits needed. Carol Hoff - if he is filling in and building up to the point where it is flooding on the next door neighbor. There has to be something you can do to prevent this from happening. He has built that area up at least 5 feet above the neighbors driveway. Atty Perkins - it may very well be what he has done is actionable by a neighbor as a nuisance. Unless there is some way that the town can have jurisdiction over his activity such as when he was taking material there and then removing it. The town has jurisdiction over that because is a use of the property. The town doesn't have any jurisdiction over his filling the property unless the town actually has a proposal before it for development. He may need a DEC permit and the town engineer can check on that. R w Dave Putnam - I can also check on the property in the morning to see what the site looks like. • 'Atty Perkins - it sounds like he has created a nuisance. Water courses, you do have rights to use the water, but you can't do it to the detriment to the neighbor or you can't create a situation I where it impacts your neighbor. This would be a private nuisance. Margaret Darchangelo - they moved in 35 loads of gravel from the creek on Saturday the 10th. Dave Putnam - they are dredging the creek near Cornell Plantations which is done yearly. Z.O. Slater - it is almost like he is converting from a storage yard to a fill activity to avoid any further activity with the town. Carol Hoff - I heard the Town of Dryden was going to be taking some of this fill to repair the flood damage in the town. Hwy Supt Gilbert - that is true we did take some a couple of weeks ago. Margaret Darchangelo - wanted to know what the civil action was that was being taken. • Atty Perkins - the civil action was to enjoin his use of the property as a material storage yard until such time he had applied for and obtained a special permit. He started that process and then quit. Henry was working with him when he was going through the application process. When he quit this process and obviously wasn't going to continue we started up the lawsuit again and that is where we are right now. i 1 /I7 TB8 -13 -96 Page 10 • Atty Perkins - it sounds to me he is filling the lot in. Margaret Darchangelo - he is doing the work on Saturday from 7:OOAM until 6:OOPM across from where I live. The dust, dirt, fumes from the diesel and the noise is terrible. I don't think that has to go on. There has to be some recourse for people who live that close. I didn't move in on him, he moved in on me. I have been there since 1964. He should have never been permitted to have that piece of property. Supv Schug - I remember that property being a wetland 20 years ago and now it is all filled in. How long do we have to wait to keep him from working on Saturday and Sunday. Atty Perkins - there is no authority to stop him. Dave Putnam - the only authority that might slow him down is that I can call DOT tomorrow since they were spreading mud and water all over the road. Margaret Darchangelo - they have built an island in the middle of the creek and a roadway leading from the pumping station so that the large shovel, bulldozer and trucks can go in the middle of the creek and load the trucks as fast as they can. There are at least 2 trucks coming and going every 10 minutes. There is no reason for that to continue. He has no business being there as far as I am concerned. He should have never been allowed to go in there and do what he is doing, not as close as he is to the other houses and where people are living. If I could afford it I would move. Atty Perkins - the only thing Henry can do is to site him under the zoning laws a violation on prior activity. We don't have any jurisdiction on what he is doing now. Z.O. Slater - what he is doing now is within the guidelines. Supv Schug - questioned why it took 3 to 4 years of him violating the zoning rules and we are still trying to find out who his lawyer is. Questioned why it hasn't moved through the court faster. Atty Perkins - our policy with every case like this is first compliance. Last fall and into January and February he was working on a special permit application. I am not sure when that stopped. Z.O. Slater - that was 18 months ago, the board by resolution authorized to get an injunction for using the property. He is very good at ducking the system. Supv Schug - why has it taken this long to get to this point. I don't think he has acted in good faith at all. TB8 -13 -96 Page 11 Atty Perkins - the board passed a resolution to commence an action and his attorney, Atty Shaw was working with Henry on an application for a special permit. When that system broke down we then started the litigation process. We have been trying to get the discovery completed for the last S or 6 months. That would be to stop him from using the property as a material storage yard. Supv Schug - suggested for Dave Putnam to check on the location of the culverts and where the water is going. Supv Schug - RMS Gravel - received notice State DEC wants to act as Lead Agency. Supv Schug - questioned the culvert under Mott Road that RMS Gravel would be using. Dave Putnam - there are some concerns the town would have to have as to ownership of the culvert as to whether the town is going to own it and let him use it or he is going to own it and get an easement from the town. Supv let Schug - thought it him maintain it and would be pay the better to give him the town so much a year to easement, pay for the removal of it. There is also the question of liability. Dave Putnam - you could put a gate on one end and the other end would be about 8 feet in the air. Supv Schug - was concerned about the liability of this project. Asked Hwy Supt Gilbert if they were far enough from the road where there would not be any change in the road ditches or where there will have to be guardrails. Dave Putnam - the berm will be put back on the north side and where it comes in the field, you can have less than a 2 on 1 slope all the way out to the end of the culvert and have it graded which is less than a guiderail would require. Supv Schug - requested Atty Perkins to put together documents for the culvert concerning a bond. Supv Schug - requested Z.O. Slater to get all paper work filled out for the special permit so that a public hearing can be scheduled. Z.O. Slater - we have 30 days to respond from the date of issue. I will let DEC know tomorrow. 0 r� LJ RESOLUTION NO. (1996) Authorizing the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) to Participate in the issues affecting the member municipalities in the City of Ithaca's Comprehensive Water System Evaluation Councilperson offered the following resolution and asked for its adoption. WHEREAS, SCLIWC has expressed the desire to participate financially and by providing staff time for the issues affecting member municipalities in the City of Ithaca's Comprehensive Water System Evaluation (the Study); and WHEREAS, SCLIWC expects the Study to provide ideas and suggestions to improve the effectiveness and efficiency of its system for transporting water to its member municipalities and ultimately its customers; and WHEREAS, SCLIWC plans to use revenues from its existing fund balance and water rate structure to pay for the cost of its participation in the Study; and WHEREAS, the cost of SCLIWC's participation in this Study (attributed to its share of the initial proposed City of Ithaca contract with O'Brien & Gere Engineers, Inc.) is approximately $21,000; and WHEREAS, the cost of SCLIWC's participation in this Study plus any additional work contracted by SCLIWC with O'Brien & Gere Engineers, Inc. is estimated not to exceed $30,000; and WHEREAS, SCLIWC has requested that, if the existing Agreement of Municipal Cooperation (AMC) does not authorize it to participate In the StL'dI tLL . the five municipal parties to the ca:i�' consider such authorization; and WHEREAS,.SCLIWC has requested that the Town of Dryden consider and provide authorization for SCLIWC to participate in the Study; and WHEREAS, the Town of Dryden acknowledges the benefit of SCLIWC participating in the Study; be it therefore RESOLVED, that the Town of Dryden hereby authorizes SCLIWC to participate financially and by providing its staff time in the regional issues of the Study (City of Ithaca's Comprehensive Water System Evaluation). Seconded by Councilperson 73 TB8 -13 -96 Page 12 • RESOLUTION #181 COMPREHENSIVE WATER SYSTEM EVALUATION Clp T. Hatfield offered the following resolution and asked for its adoption: to accept the need of SCLIWC to participate in the WHEREAS, the Commission of SCLIWC has expressed the desire to participate financially and by providing its staff time for the regional issues of the City of Ithaca's Comprehensive Water System Evaluation (the study), and WHEREAS, the Commission of SCLIWC expects the Study to provide ideas and suggestions to continuously improve the effectiveness and efficiency of the combined Bolton Point - Municipal Water System (BP -MWS), and WHEREAS, the Commission of SCLIWC plans to use revenues from its existing fund balance and water rate structure to pay for the cost of its participation in the Study, and WHEREAS, the cost of SCLIWC's participation in this Study attributed to its share of the initial proposed City of Ithaca contract with O'Brien & Gere Engineers, Inc. is approximately $21,000.00; and WHEREAS, the cost of SCLIWC's participation in this Study • attributed to its share of the proposed City of Ithaca contract with O'Brien & Gere Engineers, Inc. plus any additional work ordered by SCLIWC of O'Brien & Gere Engineers, Inc. is estimated not to exceed #30,000.00, and WHEREAS, the Commission of SCLIWC has requested that, if the existing Agreement of Municipal Cooperation (AMC) does not authorize it to participate in the Study, that the five municipal parties to the AMC consider such authorization, and WHEREAS, the Town of Dryden wishes to accept the need of SCLIWC to participate in the Study, be it therefore RESOLVED, that the Town of Dryden hereby authorizes the SCLIWC to participate financially and by providing its staff time in the regional issues of the Study (City of Ithaca's Comprehensive Water System Evaluation). 2nd Clp Grantham Roll call vote - all voting Yes TOWN CLERK RESOLUTION #182 REIMBURSEMENT FOR LITTLE CREEK TRAILER PARK Clp T. Hatfield offered the following resolution and asked for • its adoption: RESOLVED, that this Town Board reimburse Little Creek Trailer Park in the amount of $2,687.65 received from the Village of Dryden water department for refund not given in April 1996. 2nd Clp Grantham Roll call vote - all voting Yes • • Date: To: From Sub. Dear Jim: Augdst 2nd; 1996 James Schug, Dryden Town Supervisor Henry M. Slater, Zoning & Building Code Enforcement Off. July 196 Building & Zoning Activity Report Building Permits: existing Fire During the month of July 196, our department issued 24 building home permits which are described as follows. starts A -1 Single existing Fire Family single Business family Homes home new (6) starts (5) (2) Erect Double private - wides, garage (1) single -wide & (2) site built homes A -1 Extend an existing Fire Safety Facilities single Business family home NO fire (6) (9) Day Care C -4.1 Erect a private garage (2) C -6.2 Renovate Child Care facility at George Jr. Republic (1) C- 4.1Renovate commercial warehouse for Cornell Vending Ser(1) C -7 Install private use Swimming Pool (1> C -7 Home Miscellaneous repairs or construction project (5) Certificates of Occupancy and Compliance Certificate of Occupancy (4) Temporary Certificates of Occupancy (3) Certificate of Compliance (0) Public Inspections, Multiple Residence Fire Safety Facilities (0) Business Facilities were NO fire (6) Home Day Care Truly, Facilities Good (0) Fire Investigations for the Month of July (0) There were NO fire calls during June requiring our analysis. Truly, Good News. Update on Issues of Concern: 164 South Street, Loeven Barn: No further word has been received on what will become of this structure. I remain firm on my October 31st deadline for either repair or demolition. Cortland P Cortland the Freese 20 loads o a dozer wa aving, Pavin Road f grav s repo Freese Ro g continue unauthoriz el were de rted to be ad: s t ed pos wo o bring storage ited at rking at more material for storage to site. On Saturday, 7/27/96, the site. On Friday, 8/2/96 the site. r July 196 Report • Page Two ri U The Zoning Board of Appeals had (1) Variance Request. Michael & Jane Moore of 142 Southworth Road requested a variance for a side lot setback violation resulting from an error of the 1989 site location and construction of their home. The Moores and their neighbor's, the Brechts have been trying to negotiate a land sale from Brecht to Moore that would allow compliance. A sale price, mutually acceptable, could not be determined. Eventually the Moores believed a variance r During the hearing a good dialogue between Brechts resulted which lead to a request by adjournment. The purpose of adjournment was negotiation between Moore and Brecht for th was more the happy to grant the adjournment 1996 session. The Planning Board did not meet in July. Very truly yours, Henry M. Slater Zoning & Building Code Enforcement Officer equest was the answer. the Moores and the Moore for a 60 day to permit further e land sale. The Board until September 3rd, cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney Iq TB8 -13 -96 Page 13 • ZONING OFFICER Monthly report - given to board members Z.O. Slater - barn at 164 South Street Ext. - no further report. I can not get any further response from Historic Ithaca as to whether or not they are going to do what they had previously stated. I wrote them a letter stating the barn is to be removed or repaired by October 31st. I have found out that Historic Ithaca did give the owners a low interest loan in 1991 to repair the barn. RESOLUTION #183 UNSAFE STRUCTURE equipment. AT 164 DRYDEN - HARFORD ROAD (PARCEL #47 -1 -25.4) Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board start action regarding an unsafe structure at 164 Dryden Harford Road, parcel #47 -1 -25.4 (Loeven). 2nd Clp Grantham Roll call vote - all voting Yes Z.O. Slater - MAK Industries update - has new landscaped plan and event over plan with board members. Board members requested a professional landscaped plan. • HIGHWAY SUPERINTENDENT Hwy Supt Gilbert - Yellow Barn Road - has been stone and oiled. - Caswell Road - should get county bid prices tomorrow - Hile School Road - still waiting for pricing on culvert. Pinckney Road repair - Ferguson Road repair - Hwy Supt Gilbert — requested authorization to attend highway superintendent seminar in September. Clp T. Hatfield wanted it held out for a month and wanted to know the status. Clp T. Hatfield - needed to look at it again. Hwy Supt Gilbert - board members have copy of auctions and equipment. The auction will be held September 14th. Supv Schug - would like to talk about this so they will have more information prior to the board meeting. Hwy Supt Gilbert - saw no problem with that. Hwy Supt Gilbert - 13 Kimberly Drive - the ditch line from the center of continues the road down to is the 35.6 feet from the outlet end. next persons property and about The ditch half way . down it goes The town from right of 35.6 way to 48 feet from the center of is 45 feet. the road. • • • TB8 -13 -96 I•MCi Supv Schug - we actually own 25 feet. Hwy Supv Gilbert - when the house was built there years ago a 4 inch drain pipe was installed and the town has a 21 inch drain pipe. Now a section of that pipe is broken. Supv Schug - Kimberly has been built since the 1980's and when the drain pipe was installed they went 12 feet beyond the town right of way into a ditch. The persons well is 6 feet from this and does the town want to leave the drain pipe where it is and not take the road up, get an easement from the owner so the town can work on his property so the water will come out at the end of his property or should the property owner be responsible for this problem. The water flows out now and just stays there and becomes stagnate. The health department has told the owner not to drink the well water. CORRESPONDENCE Dryden Village Police report - Dryden Lake Cable Commission representative - one person is considering Computel - utilize NYSE &G gas pool - no action taken at this time until more information was available. Ambulance calls - July 36 by paid members and 29 after hours by our volunteers. FINANCIAL REPORT - available to board members JUSTICE REPORT - board members have copies i TB8 -13 -96 Page 15 • RESOLUTION #184 RECREATION PARTNERSHIP Clp C. Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Towns of Caroline, Danby, Dryden, Enfield, Ithaca, Groton and Ulysses as well as the Village of Lansing and the City of Ithaca have established a Recreation Partnership in an atmosphere of strong intermunicipal cooperation, and WHEREAS, this Recreation Partnership serves a very large percentage of the children and families in Tompkins County, and WHEREAS, the programs and activities provided by this partnership create a strong foundation for the good health and well being of the children and families in the county, and WHEREAS, the Partnership has lead to a dramatic increase in participation in the Recreation Programs, and WHEREAS, the Partnership has lead to a greater variety and greater geographical distribution of high quality programs to children and families, and WHEREAS, in order to continue this partnership the participating municipalities are relying on the continued financial support of Tompkins County, and WHEREAS, the County has continually expressed a strong interest in encouraging such intermunicipal partnerships, and WHEREAS, the Recreation Partnership Board established by the participating municipalities strongly supports the County's continued involvement in this project. THEREFORE BE IT RESOLVED, that the Town of Dryden strongly urges the Tompkins County Board of Representatives to continue it's crucial financial support of the Recreation Partnership and contribute the sum of 835,000.00 in the coming year for the continuation of the Partnership. 2nd Clp T. Hatfield Roll call vote - all voting Yes • C� TB8 -13 -96 Page 16 RESOLUTION #185 REQUEST NYSDOT TO INSTALL FLASHING LIGHT AT THE INTERSECTION OF ROUTE 38 ROUTE 34B AND PERUVILLE ROAD Clp Roberts offered the following resolution and asked for its adoption: WHEREAS, since 1990 at the intersection of Route 38, Route 34B and Peruville Road at the Town of Dryden line, there have been 16 accidents, including 2 fatalities, 22 persons transported to hospitals, 26 vehicles and 46 persons involved, and WHEREAS, in 1996 of (year to date) State there have been 4 accidents with one fatality, 8 vehicles and 18 at persons involved, and WHEREAS, Town of Dryden appealed to New York State Department of Transportation to install a flashing light at this intersection, NOW THEREFORE BE IT RESOLVED, that the Town of Dryden strongly supports the installation of an overhead red blinking light facing Route 34B and Peruville Road and a yellow caution light facing both directions of Route 38. 2nd Clm T. Hatfield Roll call vote - all voting Yes RESOLUTION #186 APPROVE ABSTRACT #108 Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #108 voucher #714 to voucher #817 with the exception of voucher #737 and #750 for a total of $277,713.74. 2nd Clp Grantham Roll call vote - all voting Yes RESOLUTION #187 RECESS FOR EXECUTIVE SESSION Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board recess for executive session to discuss personnel and water. 2nd Clp T. Hatfield Roll call vote - all voting Yes No action was taken after executive session. Adjourned: 11:25PM Susanne Lloyd Town Clerk " /Y7