HomeMy WebLinkAbout1997-09-02/Jy
SPECIAL PERMIT HEARING
SEPTEMBER 2, 1997
PUBLIC HEARING - HUD
Supv Schug called the public hearing to order at 7:3OPM
Supv
Schug
- the
read the notice regarding the HUD public hearing. (copy
on minute
by 5 acres only being
worked at One time
book).
will be below
the
QUESTIONS AND /OR COMMENTS - none
Closed public hearing - B:OOPM
SPECIAL PERMIT HEARING
SEPTEMBER 2, 1997
RMS GRAVEL
Supv Schug - called the public hearing to order at 8:15PM
Supv Schug - read the notice that was published in the newspaper
concerning the application of RMS Gravel. (copy in minute book).
QUESTIONS AND /OR COMMENTS
Supv Schug - the town board deferred to DEC to be the lead agency
for SEAR. DEC is handling all mining permits now. DEC requested
the town board to have a meeting regarding this during their
comment period.
Cindy Miller - was concerned about dust residue on their alpha
field that they feed to their cows. They will put a written
request in to DEC, but they just wanted to express their concerns.
Supv Schug - thought that was already addressed in the SEAR
requirements.
John
Harrington
- the
dust is minimized
by 5 acres only being
worked at One time
aT►d
will be below
the
surrounding
topography
nd
will not be
visible
from the adjacent
areas.
It will be belcm
30/40/50
feet below
the
topography.
There
should
be no impact of
dust.
There will
be
no
receptor immediately
east
of the property.
The
Miller farm
is
to
the south. The
federal
guide
lines require
the
dust be controlled
and confined
to within
the
property line
and
this is a standard
permit condition
with
all
state DEC
permits.
Clp Grantham - questioned about the mounds at the existing line.
Was not sure what the mound was and what was going to happen with
i y b o
1
Michael K. Barylski
' September 4, 1997
Page Two
The Town Board discus
under the provision o
the authority of Mini
by the Board were, ne
and dust control. Al
the existing mine and
was satisfied that th
address all concerns
sed the Town Special
f the (MLRL), the SE
ng Permit. Among th
w mine area reclamat
so discussed was an
process area on Mot
e EIS and MLRL Permi
of the Board and gen
Permit authority
OR Draft, EIS and
e items discussed
ion, berm details
existing mound at
t Road. The Board
t would adequately
eral public.
At the conclusion of the Town Board discussion, the Town
Board unanimously voted to grant the Special Permit to RMS
Gravel to operate the South Mine under the supervisor of the
NYS DEC MLRL Permit with complete incorporation of all
appropriate mitigation measures established within the Draft
(EIS) which assures the continuation of the general health,
safety and welfare of the neighborhood and community. The
decision is based on conformance of local government
provisions of the MLRL.
.Specifically, the use is a permitted use by Special Permit,
setbacks will be established by NYS DEC Permit along with
adequate site security to bar access. Dust control
mitigation is spelled out in the EIS and shall be
appropriately implemented. Hours of operations will remain
consistent with current mining business hours.
Very truly yours,
or
Henry M.
Slater
Zoning &
Building
Code
Enforcement
Officer
cc: James
F.
Schug,
Dryden
Town
Supervisor
Roy
Reeves,
RMS
Gravel
Inc.
Tompkins
County
Planning
Dept.
RMS
Gravel
File
TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 -844 -9120
ZONING & BUILDING CODE ENFORCEMENT
Ithaca Journal News
123 W. State Street
Ithaca, New York
In the Heart of the Finger Lakes Region
Attn: Darlene Folnsbee, Legal Ads
PLEASE TAKE NOTICE that the Town Board of the Town of Dryden
will hold a Public Hearing to continue an application for a
Special Permit from Roy Reeves DBA, RMS Gravel, Mott Road,
Dryden, NY to expand his gravel business, within the Town of
Dryden.
SAID HEARI
7:45 P. M.
Street, Dr
will be gi
person or
NG wi
preva
yden,
ven a
by ag
11
Ne
n o
ent
be held on
ng time at
w York at
pportunity
TUESDAY, SEPTEMBER 2ND, 1997 at
the Dryden Town Hall, 65 E. Main
which
with visual,
time
hearing or
all
interested
and
persons
to
should
be
heard.
of
Persons
at
may
appear in
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: AUGUST 20TH9 1997
Ro ' fA,
�
Henry M. Slater
Zoning Officer
Town of Dryden
cc: Jame
All
Mah1
Dave
The
Susa
s Schug
Dryden
on R. F'
Putnam
Tompkin
nne Llo
Dryden Town Supery
Town Board Members
erkins, Dryden Town
, T.G. Miller Engine
s County Planning De
yd, Dryden Town Cler
isor
Attorney
ers & Surveyors
partment
k
TOWN OF DRYDEN a DRYDEN, NEW YORK
65 ZAST MAIN STREET, DRYDEN, ?JE)AI YORK =53
607,44 a •9120
ZONING & aUItDtNG COOS ENFORCEr, ENT
Ithaca
with visLtal,
Journal
hearing
will be
News
123
W.
State
P.M.
Street
prevailing
Ithaca,
time
New
York
contact
In Me Hcaijf rrf' ����• Frog, er Lakes Region
Pitta: Darlene Folnsbee, Legal Ads
PLEASE TAKE NOTICE tha
will hold a Public Hear
Special Permit from Ray
Dryden, DIY to expand hi
Dryden_
t the Tawn Board of t
ing to cantinue an ap
Reeves DBA7 RMS Grav
s gravel business, wi
SAID
with visLtal,
HERRING
hearing
will be
held
an
7:45
and
P.M.
,assistance
prevailing
should
time
at
Street,
contact
Dryden,
the Town
New
York
at
will
ba
given
an opportunity
person
or
by
agent.
he Torn of Dryden
plication for a
e1, Mott Road,
thin the Town of
TUESDAY, SEPTEMBER END, 1997 at
the Dryden Town Hall, 65 E. Main
which time all interested persons
to be heard. Persons may appear in
Individuals
with visLtal,
hearing
or
manual
impai'rmE?nts
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 : AUSUST 20TH, 1997
Henry M. Slater
Zoning Officer
Town of Dryden
cc= James Sch
All oryde
Mahlon R.
Dave Putn
The Tompk
Susanne L
ug, Dryden Tn
n Town Board
Perkins, Dry
ams T. G. Mill
ins County Pi
loyd, Dryden
wn Supervisor
Memdprs
den Tnwn Fttor ney
er Engineers & Surveyors
anning Department
Town Clerk
PA 1 RI K X11, S Yi��' R f).
=1C]I U RCIl1T'id :FT
L'i' ? WIT .".til)- N1.'0- 1,')Itti 1Jr +�5
Tclg1 11 11 .% I 4(.1 11 ?) 75 t- :i!J5o
NkF Eid%71.'51 -6 ya0
.�iu�usr ± 1 , 1997
t'ts. Katie norgella
Tompkins Couinty Department of Planning
121 last COLLrt Street
Ithaca, NY 14850
Re: RMS Gravel, JnC.
South Mine
Dear Ms.,Bargella,
Enclosed for your info,rmaLion is a complete copy of the Draft
EnvF}ronmental Impact Statement which has been pzepared for this
project. It is .being forwarded at the request of Mi�, Henry Slater
of the Town of Dryden and Mr- Michael 13a r .l ski of the DEC. Please
lee me know if you have any questions-
The DEC public comment deadline is September 8, 1997. 1 also
understand I:hat the Town will be holding a public hearing on
September 2, 1997L
sincere) -y,
M1
Patrick M- Snyder
2M / j 1
pc; Mr- Slater
Mr. 9 ry7 sh.i
•
'[C'Wh it0ARD MILL' 1ING
P U K. I C i-i EAR q r- A G I -: D FL 9X
DEC F. Mk.sER
;hta,v MC.j ca 1.1�<_': tl:1� ; }hi 7} a.G �Le r; T3'-; L,_ a- r.'::i t} [: '' - v ?d`IL.Ff�
IPv ',r,lti.�Cj L {; d �:�'r hf - w,_,xa r31.1M1 i �. 3tti �'3 i r7 ;.:'
-
!`'_ n c e L- it i- n cj Wig r, y LL 1:7.1
IN C
Lr,� C7L1i ] -i r7r..3.r j,' - ?4 !: iSPIN
i iS . "
:� {'.` 41 ;✓ �_` 1`,v ? r'1 ':r Lj L' c .'�, Y- = i -' Ki i' I. L 4 � J- rr, r! ;S I- ; 5 £. J. :
`.; ±1 I? owei:i 13y t1) -. I?,l c:i�ge' cal=- tl'I I i i.,�t�c;r=
1,e11 c. a11 dos t3 ;.F Tnw73 Clerk L], s3ya_l
PreL�;Q nt . SuFsv Sch %%j C I p Gran t h a )h C.1 p '.f - 3tf�Le.1ct +-'.].P Cv .
r._tfieId R o L- rl?L- rg, At #_y Pt�.CkirL_:, an{-1 L.41. Slater
1?VF�-,f,MATJ[iNALl YrrFTIHG - Rii;_, GgAVFL
E�res. nt. MA {'na i`yiy.ki arLtl .Jean CC�1. L eri.i.l r, re'l- C�ntiYlu L) L ?a t;
}rlj/d?r, Council oin['1 iial"r,irl +arCil Co%isuitvnt at'd ROY Reaves -5 w.tGse
i,ks sL'}7rri_L'k i.,[i te-Le ai }i }lica't�{l[1
chaei �ai"y , ;k1 - is cL � Lea :%u, t. t1: r.tLe F7Q'L nil L' a� } lira #:ion �;u! In C #:r Lk
# -,` D ill 1C FL Q. y , °7e,Y$ i l � j U e - g =
veC' 4 the F}�,1C�' A to 15 r epa re an
erLvIronluental X»1j:act statement. As a resukt of }provisions in SEAR
HZ%r Poll ve:3 has opted to take advantage ox having the department,
look at a draft scope foz- the environmental impact statement, The
Pk,rpose Qf n7er:tinq w.i -,th the town board would be to ask you to cake
1 -00:� ay= -rhe d- raft scopincj outline 1 hat has been prepared by Mr,
k' {Lev 'F:s ak1d 4 tt: rMj - rte W L'�!tha1% or 170t 0n the basis or thoz things
t:GIaC ML: . je- ; %VCes LAS SU4�ge8t.ed be ar;d any or_hm
t"` j+' �? 1.' i.7 F. :1 k' s, } 4 =` L k. �I ;? #_ r ' I i 1 `' s
you E sj)ot2lj be discquzsr:2 l�� r�Ll3'31
z]U. L•[;S U +c _1 :1. r: 7)r? rO deL :ermwnr� ], t:�.�re ai:e 1.3L1J!?;; L]r.at y3s, may
�4en on C l.h r env }- 1'o;�m tr7t8E inLE3 Gt .l:at =L�LenL` Qr tf -luk= tlaue
be-_* =n routin,=iy di-SC rasQt,j if, ewjirOrlan�ntal impact 8tatemeTnt8 t;F7at
n.C2 r,eall i,rrtl v .1L�. ir7 -rKi8 case ,so that the environmenigal
Lhat is prepare fJ if� One that more apecif.i,caJ l -y
.•.' }v 3;} t1-3;3t IkI1 SI I7� -Q�]l 2l 1`C @ fit 'C0 hr inCerestC-nrl ioi
i1I`i �'r- l.,e + }::In'. r�, ? ern7i,11in khaIN rf'��,. :L LpttoL Of the per aL`,t.orL 1.
!`n w 15J.'. =s r' 4, i ?�I.:J 0l' G I: 1. �L'_' i ":'rl .i: 9� +-' - r. .i _ t
1 5_ -i i 1'} f a :t: L f„ W i 1j .L 'I. I'I i i LI
,'. .
- C. 7? ?Li is k 141 1'11 2 .I _ f" l r 1 #= h -e r i • -:: r- 1. .J
,1C +,Lrl
L{,�
1- J.''7[ i�01'I
-
La's
J_,�w
1?cZCk:
a plan
2
P'N%k
rir,7.1uJ
` %I -A
r.«
to
s-
WQ1P'L1L. QVC�r
I.:i£ :31u L'1
I.-aft. wslEling with Lhe L'!_5ai: -d rr,tllM- { -L r, r;
an
idea
0f
how det= 7
E A e nLirtk�! •`.J.eD0V
wi_il
.) _
{[ui_&�Y
inveztigation
,;r;
:1 J",r71.t.e
`ook)
,
{J', copkp&k
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-r'ab e
]_r5
}n
L'fli:�
-'C''-
i',,',, D :
NC&SSe
"L
F;
G!".�
r:thair1
t) 4p 'r013
Soil SEr�
° wtilntcai;'
e12
to krlo+•+ %jh a k_ E "Lcx�:JMa Vi011 W0 J.t'LVLu1,' ,r ted _
,1C +,Lrl
L{,�
1- J.''7[ i�01'I
-
La's
J_,�w
k'
a plan
X71.(
by
rir,7.1uJ
could
-reci
to
l�£'C'J.aiIII
WI ^uid
I.:i£ :31u L'1
ha. Ve
an
idea
0f
how det= 7
E A e nLirtk�! •`.J.eD0V
wi_il
ChL
inveztigation
i,n
}�l� :3an.j?
{J', copkp&k
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-r'ab e
]_r5
}n
L'fli:�
-'C''-
i',,',, D :
NC&SSe
CC) j_)0:1 CaJ�hY
thFvX£
t41 ic'C'�
W,7,],•i,
t) 4p 'r013
Soil SEr�
17 i'I'1 '.]
e12
have
alrtitady
Lre�:3
,I:i,led?
+]L- r1;E' grad
a
s they
a
,Ioi�e'
{,ncl
w.7.J-
Ike seelJecT, b C
w;i.J.1
;:o
s_ rifilease
the
fund
urlLil
til�kL'
i�
dpnc_.
Michael
33T'ylski
Granthan'1
-
thLi-e
is
a plan
issued
by
DEC chat you
could
aI: �5 0
YDI.;
WI ^uid
ha. Ve
an
idea
0f
how det= 7
E A e nLirtk�! •`.J.eD0V
wi_il
ChL
inveztigation
i,n
Lel-LA,1
^�'=_'
'' - 4:;]•RI':
11.
]_r5
1'c`.w:lci.l_:jL,
-'C''-
i',,',, D :
'N:h ?
CC) j_)0:1 CaJ�hY
iS N_I3i Ll,'_7
t41 ic'C'�
,!
3. ': t�
17 i'I'1 '.]
e12
have
alrtitady
-:k;;: }A _ ri'Lalni - w un'te Lo i{,]k?1'7 :L.l clots �Lycli[,]_oy.tc3'1 irLV���:i.L.a Ltii)J)
head beLn, dc,le ye't .
j0F7r7 Ha u ring1von - y418r i1: has.
Boat. d m e mbr-a.T s ;+relit over: G. R - 14 wetlands 2ste p 0. p0:3eL4 plafS .
1p
Granthan'1
- the
plori
for
rcca,ama.tion
a:)d
ChL
inveztigation
i,n
Lel-LA,1
ut
the
eri ironmapita1
iinpact
have
alrtitady
Lre�:3
,I:i,led?
�vhn H�rr'a.tsytc t'L - wr= have pr: pa. red a niir1L�_ 3 cl nh ti.t rk ply,:) whi,c:h
IN
rcCquirz6 Eor any new niinLt in Mzw Yor'jc. Th;!� follows a forn7:ji,
and I:A1: y dl« appfovtj�u or et1j�i. j7ovQfl wirr) C:J.1, 1 C� 1CCt ,
M.i, a:> E�L>^'l3ki - �zt'Ly tir.IL tkL [le�a�'Cn7L,� ret;eive �L porl7,t,t
tikisP licati0J1 Y0 zk1tiotl WhG.J,e the dek7 islun is diserci't :Loila.'y W131:�2T4:
a += 1e, ghti aP 3,ov 1' of approve it with mod ificatiOJIS r:la'L' 3c'i 10 YS
;fir the t'l�pa: ,- twient is subject CCY rat least a mini inum of
r'eguIati_o:ts. I- wou11 -1 be Sisecific progranl YeguIati of) S rt,2- 'thC,
PQ -:nit 'thaz 'tt7t in{:Li vldual -s app1y.L.n } fci 2- su4-jjcrr IEE L
Which c,y ],S the ` l'u� [1 L �'] 3 3 ail$ E'Sj .1 31.;,; i } 1 }+ to Lake: c# li]o,k: IL
1.; '- 3x1 71 =:';' NIZ, r ?.s]t trls u'Glic]Ck r11.iy {r1 n7aY :trot 13av1:* a SJ_grLif Lc;aj-��
�Y1, 1111P,v'ti Irld c l:� s 3 LJ�� '$ S. C J
111 f; }Cnl
_ Or C. _ ul N& t 2 ; 1_ ' -' w I , 1 '� L I i,k I ., -- �l 1 i +. i
_ _.mat` �1__ F_ c,ti�:,��1r: t,11,t :-,mss
`7 t }:'� :;5 1 ;} ], 1 jj ]_ :'I 1.1 k ,i, t'1 r ti,i I. c= i} �- £7 i} C D. a i.,= E.? LI u 1 ;4 4 ;' iP' V 1 _ "�+7 ci Ll #i ['.; �l n'I I I I I_: .l !,
s', :111 �: hr ]il 4 clti{�'_ r , gLl11742 m � r5'ir -`1-- in 1r �l .L :a lv c7 L�'7L ��r;lllcat. _1. 4 ? {] ref ?3
�kl i t4d u�Ld r t7�e .m 11.1 nc; re_ v� kril�al„ VncicL7 S Ft tEte �lepat - i.rllent
{••' 1' :> i]- .tied i.he aivt -Lon arr {J Ilia lJI'iiif the LE!r M], nk LI i.]_Lin a t j_ t- a
C: a,. 1C�1n I] r5 �.LO!'7 {113ti� r1, LL ;','c1 S F}p c 0 p r �c3 t;e 1.C' aM_� ' r']}- 'r he
f:'.nSf?,'i C5 r.r1C: 'I.cA ].71q ;110 S1 ; rat e,,;: ?r11., Uh.L.:_ 1:3 1, ,_717 F. Lr1 ..k e1 r.13.L].i]rt
trh c p,n'I-1:S11L 'y Lei 1.11. J. 1':.= 11','(x;? _�l }. `-1.}. �; - D .' ?1a
J .. ':, ?• i, Y
tr 3 }- 't 13 , -t'r - 14 .3 1- _ L, .
." _. _ I'. .. I',:. ;1 ,. '. I- '; i~.I rte' "`'.y
i_i. .. .. i_ �l '_ _ it 'C' 'y ['�!i��' }'.. ..L i tJ 1. i_'S L:I
4: {v i l; ' ":. 1.'_ +i: i•.. L P LF IN I11 _ .i
+vL .. .. .i.;54: _. i_I'.. _ .'_x'. „ :]I I_'I ,,'. -1 �•{J•1 }' .I ~- _ :!'.. 1� - ' { *_;l
L.1 U L. _ .J �, 1'I - ....I ..{ a L.ri�!_ r 1:'� _ T. .'i I_ =1y_•. ='tl i 5-X is �.: t.[r
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-7 ,. 1..
M ;
TEI -10 -96
Pain 3
1p
atfi
Cj
-
].'
C_'i'c
?- ''thin
is
don
o
�
panned
a
th C', J-1
30
years
it
will
be
v_'r_'4sc}cl
and
gr£{ss
g1ow].nq
again,
� hn }parr, i -a}cp ire - t}rt =k_ .ti w!3zt the r rvf ,�rl:- �e icon p3Drt calls F,q.r -
Clp �C- Ratf_ield - war�_,_�_d try ki'10w how mta'�h pop :soil alas cakllc�d ion: ,
John 1'larrington - 7.1- i } 6 to '10 irLCJ)es and juakes it
S ui- ta.ble fo
Michael 2atiryl;k], - would like '�itte:1 illpu.t fiocti the board MC9UbCLLX-y
reciarding the draft. by Jeo'__ruLrer 20k-h c, c~ 23r•d
that t.hev hr'_ vcr] n1 e! f 17 ovi
1
^�Unn tE1at )r(}i w yl -J?.r} l l.kkj t e3 S ¢?.v t1 l- sCU3�; � tt. nY3 501= L'?'
1`12PrQ-- �e. C�ted- e }'OlGc3l.l -'vr YC�1,1 WQk -LIa �:C�? � `ICJ- 7 -i�'V� +3!Ct1.1:3? �;;c`:ti r
would w1nt yogi tr w '.Ir -A)rw This incIu4�..; �M +� ryir`..,i,f7C� 1=sor1 1, rlP1a-k: C,r-I
cl- imate,r energy and agricultural re:3ourcci, '[f hose thingLi; acre
not issues I would also like you to takra the time 'to state you
havoL looked at this and thc' impact on agricultural resourc�,2$ is
not really an issue at this location bect{use of your stated
reason}. The applicant will thr'n know not to bother with
discusai,ng this particlilar a,ssue - With rf= 2c]. -ar-d 'tn the Crossing
tinder Mott Road you may wart to see disr.uT 'ed and other oDtinnL
that we have looked at- Thi.� is also someLhinq we 5houl-d know
about , -
APPROVAL OF THE MINUTES
Motion was made by CIp Ro!aerts and 2nd by C11, T, 4atfie.l.d t:5at the.
minutes of Sito Plan Review 5 -26 -96 and Town Board me(rti.ng $ -13 -96
he approved. Carried
WaltpT% Groman reporter} on the ambulance bi- 11,Xng - they have 9
people they are unabJ,c to collect from either by inadequate
address or Persnn iV. de2CeaZed - as 45 .rl.ow as of 8 -96 A. S X81,296-001
815,400.00 has been identified that can't be hi,l-l-ed du� to thct
aPProvals ghat c=ame in during the ye6l --, Mil 2dicaa.rl is working On
c.hangin[t i =heir authoriz,atiorr d.lt;.e b.,tc',k tr% J;7, ttrary 1.=:.r .Z r? tYrzt:
would ra.11DW US 1:0 receivc ar)&�C:hezl 'Lr, 50 r}_ �, �' ?1 {� [' {? ^,r`l.[71.`; FFr}
Medicare _Ls ah?D1at >'7,200.0J. hiedirr�i.la fi8,00.00 and d],[ct
:insurance about S92,000-00- Th.Lr,} is `;30,000 -00 Oki tstrand,l.i1C) .C,s
private pay no .f_a,_r]_t, Tt lool_s 1 i.kr� p r�O F0 nn0.00 -1 21 avaiIa1- + °cF
be collected, Wondered if a r ^7oju ti.�� wa.; ne+�cjecl for. -tht7
thS3t wer-421 unccjjr3ctibjel
T! r } }G.l -rl l :e'C1rin;� .r 'ls {J -.i .r? - -L'. 0 _
b is l r ' rl iz rs'.. L J Li :} n: Y.} 1'! ,_ r ,. l iz rl
'^' 1-' "r t1 'a 1. 47 • � 4Y --' _ -' -• J� i I. ry l . -i a . ;, �. i. �. i 'I- %
17� rI rl r%
. r'� �`� i- t. t� it - . �'' x 4 � mL, a- } ] 9 s r ,-
L am. -} cy
165 EAST MAIN STREET, DnYDE<", NIEW YOOK 13053
607444.91n ht ibe' lucre o rbc 111rl &tr fake, c�ivrj
ZONNG a OUILIANG CODE ENFORCEMd MT
Seckien t1F6: tuarries d Excavation, fapsoil Removal
1. The Town Beard may iuthrrrieP the i55uanze Df a spefii7l panel fur
tr,e excovzU ffn and sale of to.psoil, sand, gravel, cl =y Dr other
natural lineral or vegetable deposit, or the quarrying DF any
Hind of rD[k Portakion in the 8C and ED Iane5 only. Na sand or
gravel ar other eacaxatiaa GNeratian, em Upt a tap51)il rP,0 lea 1
operation, shalt ho ConduGtmd on land of less than E0 arrki in
area. The Tohn Board oust be guided by the public health, safety
and general HEifare, not only of the Citiken5 of the TaHn of
Brydeo, buk of any other municipality, and oust give parkicalar
Ml5ideratian to certain fact Drs as follows:
a, Soil MS iDn by Hater and wind.
b. Drainage.
IQ, Soil fertility, tap soil preservation.
d. Lateral support, stapes 8 grades of abutting streets & lands
e. Environmental and land values and uses.
f. The planting of cover in the interest of avoiding rrDsion 3
to impratre khe aesthetic quality of khe restDred area.
Before a 5pecial permit For such use is i5sued, the Town Board
shall find such excavation or quarrying %iLl nDt endanger the
ibbility of ad}aceht larld nor canititute a detrIlint to public
welfare, convenience or safety by reason of excessive dust,
noise, traffic CDngESUD11, EQD.eding of designated load limits on
roads in the immediate aicnilk of the operation, or Dlher
auditions. The Tarn Board may specify any reaSDnable
requirements to safeguard the public health, safeky and welfare
in granting the permit.
3. Certain regoirements shall be specified in whole or in part by
khe TaWn Beard in grxhling the special permit and shall ba
fulfilled by the applicant prior ko, during the course of and
follwlpq the actual period of Wawatieh nr quarry xorking as
fol1aH5:
a, The opei•atiarr of the excavation Dr quarry shall be conductett
L
o a canner as to control dust and noise, and shall provide
far such treatment as may be deemed necessary by the Town
Board. All access roads shall be provided Kith a dust
fiontrolled 51A%face hat Less khan kwenty —.two 1221 feet wade
from the conoeckion to a publiC street to a paint Hithin one
handred HOW feet of the loading paint, and such road shall
he properly iaintained by the Dperator during the. life of
the operation.
b. The slope of the material in the excavation or the fact of
any quarry wa115 Dr CU PP excavation shall not cone nearer
than 35N feet to any boundary line Df khe TaHn of Dryden,
property lines, street Dr highway line { whether such street
Dr highway line be Hithin or autside the bDundaries of the
Town of Drydeni or nearer than 3U feet tD any existing tD
any existing residence. No permanently installed excavation
maehfnarp ar mquipment shall bm placed nmarar than id00 fart
to any nesting residence.
Maker used in Mashing operakians shall not he discharged
into a stream or natural drainage channel unless a parsit
far said discharge is obtained from the Dept, of
Environmental Conservation,
4, The applicant si;all file Hitl7 the TaWn Baaod a stateient of LLE
pooposed work, kogethEr wiLh a sfietch msp 56oiig a plat Alin
s6etiing ewisLing grades and ccnkour•_ and the grades Gild LGlkaurs
afte)% the apCr3tiDQ has beEn cobpleled. The plan shall b2 dratxr,
to Wale and shall show the )ovation of sh%Epts cir roads
adjoining the premises# the naJEs of idjaeent pr•aper-ky owners;
the location of the premist5 and the dimensions ;f that portioii
of the praises upon which the vAravatiM is to he Wei the
10catIQn1 eIzo and u4e of any kki }Ling Dr pruposed 5tructu['l51
C11 115S
SeCtioM of the property at intervals of Fifty (5O1 Fiat
shoxing twisting and prupo5ed ele4atious &t iriteewa15 of five 15)
feet and also any break in grade; and the elevation of the
p,•emises as compared to the )United States Coastal Geadttic
Service taps ;quadrangle raps) may be used by Me applicant.
Retantaurirkg and back filling is required where rtece7Sary to
return the area to its original contoures er to the grades
indicated by the plot plan when required by the Town Baar•d, and
the applicant shall reseed such area With gl•eeri cower,
51 BPFwre the issuance of a speCial permit by the Town Board for
quarries or ewcavakions, the applicant must have executed an
agreetellt with the Tawn Board whereby the applicant contracts tD
resto the premises to the colMi Dos approved and eskahlished
ie accordance with the prow isions of this section. The applicajkL
shall execute a band De, deposit rash with the Town Clerk in an
amount sufficient in the opinion of the Town Board to secDre the
performance of said agreement.
d. The amount of the band may be reduced and/DwL pa5,tians of the cash
deposit returned to the applicanL from time to time h?sPn, in khe
Opinion of the TDHn 9oard, tilt lesser amount 14111 be 5ufticiEnt
to aCCOmpliSh ik5 purpDSesf or increased, ir, the event
rOhdiLions, in khe opinion of the TDwn Boardi require an
inCtLease, In the event the applicant who ektLuted the agreement
does not fulfill his agree�Ent, Such bond flr cash deposit shall
be forfeited to the Town of Dryden and the TaHn. shall proceed to
restof•e khe premises in the manner P� %kscribed eitr,er with its own
f0rce9 ar by Contract, after due notiee tm the applivaM , if a
surety bond was lirevided by the applicant n�ikice shalt ere gii.,ail
N the Sur -Pty upon the bond, and if VPP su;%ety fails to coaply
with the agreement, the Town shali charge Lho Casts to tree
surety, 1hP bend shail be a one year bDnd, which must he renewed
annually at least 3B days before Lhe tellsina ;ion datf. Failure to
renew said band as specified shall result in rEvocakion of the
5pecial permit. The Sand shall continue in full force aid effect
until a certifica ;e Df compliance sl;all have been issued by the
Town beard to the effect that all of the provisiahs of the
applicant's agreement have been fulfilled,
7. Whenever a quar'rp or eXCawakian operation as hereinabove
spmciflad hat barn discontinued for a period of le consoeutive
sonLhs beginning date to be dekerained by the toning
Enforcesent Officer), such use shall not be reestablished except
bF a new special perait gra Fed by the Town Board upon
application.
i �.
Thts update supersedes and amends the corresponding sections of the Minf�d -Land
Reclamation Program Applicants' Guide* and should be used in combination with that
guide by permit applicants.
Major changes to the M Mimed -land Reclamation Law (MLRL), which directly affect
mined Aand permit applicants, were enacted by the New York State Legsslature. These
changes took effect September'l, 1991, and are srimmarized below:
REGUI ATED ACTIVITIE
State law versus„ local law�The MLRI_ supersedes all other state and local laws
relating to extractive mining. However, local governments may enact and
enforce local laws or ordinances of general applicability for activities not
regulated by the Stat6l
Permit threshoTds: A permit is required by any person who mines or proposes
to mine: —
• More than 1000 tons or 750 cilbic yards cf minerals, whichever is less from
any one upland mine site, in 12 consecutive months; OR r
•
More than 100 cubic yards of minerals in or adjacent to (within 50 felt of
the mean high water line of) any body of water not classified as "protected"
by Article 15 of the Environmental Conservation Law.
Af feci_.ed land:
application, no
and overburden,
April 1, 1975 a
mirITng during t
_Th e
W inc
incl
nd ha
he to
EXEMPT ACTIVITTE :
definition of "affected land,"
ludes all the surface laud and land,
tiding vegetation) that has been dis
L-RQ.t been reclaimed, and land that
rm of the permit for Which an appli
Excavation in connection with most Construction
the MLRL. However, constrrlction of a waterbody
APPLILATION PROCEDURES
as used In a permit
under water (minerals
Curbed by r�i n i ng since
Is to be disturbed by
cation is submitted.
activities is still exempt f)-em
is generally not a enipt.
SingIg. site _per,mitsmA separate mine&land reclamation Permit is required for
each Individual mine site.
Anil katior, Require
Statement an local laws: In addition to
11pp11 cant s' Guide, each aplrlIcation must
not prohibited by lagal law or ordinance
the requirements detailed ire the
}nclUd2 a statement th8t mining is
in the area VOPased to be mined-
-�- I1fOlf�1
Permits may be issued for a term of up to 5 years.
p4jhlie Notice; Applications for mines of 5
classified as major projects and are subJect t
of the Uniform Procedures Act. The most recea
pQrmiL applications must be published, at the
period of not less than 30 days In a newspaper
X,2 FED-
Application fees: Application
reclamation permit applications,
or more acres continue to be
o the major permit requ-irements
t requirement is that all major
expense of the applicant, for a
of local circulation,
fees have been
ec it atom fees+ A new 2aEaqual fee, based
instituted for, all mined -land permittees:
• Minor inined -land permit projects
• Acreage less than 5 acres .
• Greater than 5 acres up to and including
Greater than 10 acres up to and including
* Greater than 20 acres up to and including
!Acreage greater than 30 acres
xa LOCAL GOVERNMEkf
on
10
20
30
eliminated for mined -land
affected acreage, has been
acres
acres
acres
400/year
700 /year
900 /year
1200 /year
I50Gjyear
2000/year
dining orohi_b.itioils - Although Iocal governments may not pass laws or ordinances
restricting mining or reclamation activities regulated by the MLRL or permits
F
ssued pursuant to it, they may estabiish permissible uses In zoning districts,
These uses may include the prohibition of mining,
Notice of applications; DEC must send notice of all complete applications for
new miming projects to the chief administrative officer of the affected
locality. The local government may make determinations as recommendations to
the UEC on the application with regard to:
Setbacks
• Barriers to restrict access
• Dust control
• hours of operation
Whether the proposed mine is in are area where mining is a permissible
activity
Local piarmits and - enforcement: where mining al permissible-'use under local
tarring, localities may issue special use perrnits and enforce conditions
concerning only the following activities:
* Enforcement of DEC mining permit reclamation requirements and special
conditions regarding the Fire activity categories listed above for which
local governments ma }� make diakL�rminaticns.
Mining or rn1ned -land reclamation activities not regulated by state law. This
includes mines where the amount extracted is t r the MLRL reg+llatory
threshold of 1000 tons or 750 cubic yards in J2 months.
Entrance and_.e it to and from the mine on roads under their ,jurisdiction.
„-', Identification and approval of haul roads under their Jurisd1ction.
I
TB9 -2 -97
Page 2
Pat Snyder, environmental engineer - they plan on -reclaiming 5
acres within a year and the mound we are referring to is the area
that is most visible facia g to the north. It is about 2 acres in
sine and is not vegetated at the present time. This is a natural
deposit. Hopefully, we will find a market for its fill otherwise
we will just seed it to vegetat20nr
Clp Grantham - wanted to know what the berms would be constructed
of.
Pat Snyder - that would be constructed of top soil.
Closed hearing $ :3M
Supv
Sch%%g
- approval for a
special
for SEOR and
also being
permit
in the
for RMS Gravel
contingent
town
upon DEC approval
Ahu
any
is
we want. As
handling
the process
the SEUR review.
Z.U. Slater
- since
DEC is
lead agency
for SEOR and
also being
lead agency
in the
permit itself
therefore-the
town
hoard is
recommending
any
practices
we want. As
l understand
the process
would recommend
any practices concerning
hours of operations
screening, dust
control and
barrier to
,access. We also
have to
state it is
an allowed
use
in the Town
of Dryden by
a special
Z.{]. Slater
°
they asked
us to report our additional desires or
conditions
we
would want
to impose on the permit before thie
comment
period
ended.
RESOLUTION #154 GRANT SPECIAL PERMIT - RMS GRAVEL
C:1 =�
Clp Grantham offered the fallowing resolution and asked for its
adoption
RESOLVED, that this Town Hoard grant the special permit to RMS
Gravel to operate the South Mine under the supervisor of the NYS
OEU ML.RL permit with complete incorporation of all appropriate
mitigation measures established within the draft (ETS) which
assures the continuation of the general health, safety and welfare
of the neighborhood and community. The decision is based on
conformance of Local government provision of the M1LRL. The use is
allowed by special permit, and setbacks will be established by MYS
DEC permit along with adequate site security to barrier access.
Dust control mitigation is spelled out in the EIS and shall be
appropriately implemented. Hours of operation will remain
consistent with current mining business hours.
2nd Clp C. Hatfield Roll call vote - all voting Yes
TOWN OF DRYDEN 0 DRYDEN, NEW YORK
65 EAST MAIN sTREEr, DRYDEN, NEW YORK 13053
607•84d;-9120 In dhe Hean off'11re Fhger Lakes Region
ZONING & BUILDING CODE INEp ROE MENT
Ithaca Journal News
125 W. State St re e t
Ithaca, New York
Attn: Darlene Falnsbee, Legal Ads
PLEASE 'TAKE NOTICE
will hold a PLLbliC
Mark Bell of Bell,
Bell's Auto Care S
the former Varna F
Dryden.
SAID HE
8000 P.
Street,
will be
in pens
AR1
140
Dr
gi
nn
NG wi
pre va
ydan,
VeT1 a
pr by
that the Town Board
Hearing to cons inue
s Auto Care for' a Spe
ervice �t 945 Dryden
ire Station facility,,
11 be Feld on
fling time at
New York at
n opportunity
agento
of the
the put,
vial Pe
road, I
within
Taws of Drydeq
IL
n hed�tri,ng. from
rioit to establish
thaca, ICY within
the Town of
TUESDAY, SEPTEMBER 2ND, 1997 at
the Dryden Town Hall, 65 E. Main
which time X11 interested persons
to be heard. perg4:)n5 may appear
Individuals with visual, hearing or manual XLmpair^ments and
requiring assxstanC2 should contact the Town of Dryden at
844 -912+ or 844 -8619 at least 48 hours prior to the time of
the public hearing,
nATED: AUGUST 20TH, 1997
�W- dd3"�
Henry M. Slater
Zoning Officer
Town of Dryden
cc : Jain
All
Mah
Dav
The
SUS
e5 Sch
DrdE
Ion R.
e Put
Tompk
anne L
ug, Dryden T
n Town Board
Perkins, Or
am, T. G. Mi 1
ins County p
1gyd, Dryden
own Supervisor
Members
yden Town Attorney
ler Engineers & Surveyors
lannirng Department
fawn Clerk
9
At.lo -12 -1397 11; 10
James W. Henson, Jr.
commissioner or Pl an n f uX
T011PK 1 Imo. PLH1%11kl I t G/ 1 TUC
Tompkins County
DEPARTMENT OF PLANNING
121 East Court Street
ttIcica, New York 1418!iI
Nrfr. Henry Slater
lolling & Building Code Enforcement Officer
Town of Dtyden
65 East. Main Street
Dryden, NY 13053
607 2'4 5578 P,02
August 11-, 1997
Re: Review Pursuant to 5239 -1 and -m of the New York State
General Mui> cipal 1_aw
Tcicphont (607) 274 -5560
FAX (607) 274- 5578
Action: Special Permit Review, Bell's auto Care, 945 Dryden Road, Tax Parce'I
Number 56 -5 -8,1
Dear Mr. Slater:
'Mis ie(Ter aclolowledges your referral of the proposal identified above for review and cornmLnt by
Ole T0111PIUlJS County Plaiming Dcparnnen(. pursuant to §239 -1 and -rn of the New York State
General Mumcipal Law.
Pic access along Routc 366 is too wide and not well defulc:d. Wide and undefined driveways
cause; unnecessary contusion for rnotodsts entcrutg and exiting; the site. This situation could be
dangerous, especially along Route 366.
•1`ho proposal, as submitted, will have no sispilicant deleterious unpact on 1J3tercot7uriunity,
Counrv. or State interests. Thertsfore, no recommendation is indicated by the Tompkins C OM111y
Pl,tillning f)ehartment, ajid you are. f ce to a: without prejudice..
c, 1w lip rc ,.�.
,:;��: c :3 i•. �. ��:.r; :: :c ` �,.�.
Sincci -cll ?.
rn ,
Is.uc.; \ii. i iar•��on, 11�.
CoinmiStie0i3C•r of 1111: °•1Id1!1)
TU9�2- 97 Page
0 RESOLUTION #i15S.._BELL'S AUTO SPECIAL PERMIT
Clp T. yHatfield offered
RESOLVED, that this Town
hearing of Bell" s Auto.
2nd Gip Grantham
the following resolution and asked for its
Board continue the special permit public
Roll call vote � all voting Yes
Supv
Schug -
the
town board
will rrot
make their
final decision
tonight. The
town
hoard is
looking for
information
that is
required
to
meet
certain
criteria,
with
the property. l
regard to
the special
permit.
The
town
board will
schedule
a
special
board meeting on
Sept
29th at
7 :00PM
for their
they made
decision.
deeisi
orb.
Supv Schug
I have heard that the VCR did
make an offer to the
Varna fire
dust.
with a proposed letter of
intent which was turned
down.
Ken Finkelstein,,
944 Dryden Rd - I am not
a member of the VCA.
There was
a letter
of intent and basically
the VCA warted'to know
if the fi,remon
would consider an offer for
the property. l
understand
from
a member of the fire compare
they postponed their
decision until
after this meeting.
Olivap Habicht,
76 Turkey Hill Rd& chairperson
of the hoard of
directors
- wanted
to wait until after t on
i g h t s meeting before
they made
their
deeisi
orb.
Z. G. Slater - was asked to make a mi�p of the hamlet of Varna in
thm vicinity of F=orest Horne fed, Forest Home Dr. and Mt Pleasant
Rdw to try to determine what exactly the physical make up is in
terms of commercial business and residential homes and what the
residential structures were. I drew a 504 foot radims which is
standard of what we would do in the notices we send out. Of all of
the properties in the area 22 percent are actually owned by people
who live there. There are numerous rental properties, 11 single
family7 a mobile home park, 3 or 4 multi residents, and several
comme+rc i a l businesses.
Atty Jim Miller, True, Wal
survey was done on the RC
the subject property.
Z.O. Slater - I did the 54
study area was for a speci
to look at. I expanded it
strip.
sh Miller
zone or just
O foot c i po 1
a►l permit he
so we could
wanted to know if the
the 500 foot radius from
e say yQu could see what our
wring. Wham we are required
look at the entire Rt 366
116
117
T99 ^2 97 Page 4
Fatty Miller - .just a point of c.la<rificat ions are you saying the
board is only required to look at a 540 foot radius or are they
not required to look at the zone. Isn't that what your zoning rule
states.
Z.D. Slater � yes and no to yourr14 question. Yes we have a specific
area that we nat i4 fy. If we notified every property owner k n the AC
zone we would never get done with paper work. When you do an
analysis of comparing the special permit application to allowed
uses, yes you are looking at the entire zone at that paint. If all
of those uses apply or don't apply to that particular conimunity,
neighborhood, or geographical section of the town.
Fatty Miller - the answer is in looking at the issue of the special
permit. The boarrd is required to look at the zone. What zone it is
in that is the definition not a 500 foot radius.
Z.O. Slater - that is correct.
G"pv Schug - the 500 foot radius is for legal notification for the
people who live in that area.
Atty Miller - the board is required in looking at the factors in
terms of whether or not a special permit W11,1 be issued. You are
required to look at the zone as a whole not a 500 foot radius.
Kerr Finkelstein - there were a lot of issues that were brought up
at the last meeting that were specific about the zoning and
requirements for a► special permit. 1 would hope these have been
addressed in some form or another. I hope there is some additi3or►al
information provided to help us understand this better. I was
wondering if anything like that was available.
Supt Schug the only thing we have is a traffic study and a
letter of real value assessment. We went over your comments from
the last ��eeting and took into consideration all of the things
that are required. Such as the application, name, descry pt ion of premises, description of proposed uses including parking
facilities that are required, sketch drawn to approximate sale
showing size of the building, the structure of location on the
premises, sewage disposal and water* supply facility exists or
proposed. The use of the premises on adjacent properties.
Statement b the applicant appraising the effect of proposed use
On adjacent properties and development of the neighborhood and the
fee for the special permit. We did receive a traffic count from
Steve Ga►y 1 e a transportation engineer.
Ken Finkelstein - wanted to know how many parking spaces needed to
be available for this application.
TB9 -2 -97 Rage 5
Z.O. Slater - there would be enough. Off street parking
regulations do not address commercial garages. We have 16 items we
can address. There was a section that addresses machinery sales
and repair facility. I also looked at several others that closely
resembled where you have some employees and you don't have a heavy
concentration of traffic like a store or restaurant. For every 500
sq ft of floor area you need a parking space and a parking space
for each employee. The other choices where a restaurant and
grocery store. Where you would have a retail store generating a
lot of traffic and I think that was a reasonable comparison. I
believe there are 13 parking spaces plus 2 handicapped. I would
look at this like a quick lube because that is what Mark is
proposing. It is a preventative maintenance garage not a tear dawn
and rebuild. I think you are looking at a rapid turn over of
traffic. The county planning board did not have any comments about
the off street parking in their review.
Atty Miller
Slater
- the issue
is
how many
are required. I
believe
not
you
are correct
There
if you look
at
the 500
feet. The 13 that
he
has
does
not include
any parking
on
either side
of the door is
that
10 is the
correct.
number.
Z.O. Slater
- that may not
be correct
because of the
2
handicapped
spaces
may infringe
upon
that
because
they are made
to
be
available
to
the community
center.
• Mark Bell
-
it wouldn't
be
to share
but it would be
within
the
same neighborhood
area.
It
would be
the closest spot
to
the
front
dolor.
Ken Finkelstein - since Mr. Bell stated at the last meeting his
making provisions for as many as 10 used cars on the lot. He has
to do that for state regulations, but I don't know the details.
Obviously those will take up some of those spaces.
Z.O.
Slater
-
no,
that
is
not
correct.
There
is
a spot that
the
applicant
indicates
and
I
don't
think
10 is the
applicable
number.
Mark Bell - that number can be reduced down to 5.
Ken Finkelstein - I thought that was part of the application to
the state. Unless you sell 3 cars or less per year you have to
reapply to the state.
Mark Bell
at any one t
That is one
Ken Finkelst
that has occ
Supv Schug -
information
property val
I stated I would have no more than 10 cars on the lot
ime for sale. I am willing to reduce that to 5 cars.
thing I would be willing to do.
ein - it would be nice to receive any documentation
urred related to this special permit.
it would be 25 cents per copy and we just received
on a traffic count by a traffic engineer and a
ue statement for the area.
i/9
TB9 -2 -97 Page 6
Jmff Patter was concerned about having a wedding reception next
door to a garage. I am looking at it as long term. It would hurt
the use of the building since that is where we get our funds frow"
Mark Bell - typically, most weddings are held on Saturday and
Sunday evening hours, As I stated before I wouldn't be open during
those hours anyway so I wouldn't conflict as far as addressing
that issue. If I was told you needed more parking or you needed
extra space if you had a large gathering expected I believe I
stated at the last meeting and I will state it again I would be
willing to rearrange the cars to give the community center the
most space that can be utilized out front. The I only thing I
would ask is that no one park in front of the overhead doors in
case I need to get the track out, The only thing it may take on
youir end is if you were expecting a lot I might be able to park
some of the cars on the grass area for the period of the event. I
would be willing to work with the community center as long as you
gave me a day or 2 not ice_ I would be more than wi l l irig to do
that.
CIp
C& Hatfield
- wanted
to
know about election
day.
Mark
Bell
-
yes, a5
long
as
I have
a day
or 2
notice
and
if theme
was
a day
time
activity
where
they
needed
the
extra
space
as
long
as they
are
willing
to
give
up
some of the
grass
area
in
the
bark
just
for the
occasion
depending
upon how
much
space
they
feel
they
are
going
t c
need.
William Chem, 933 Dryden Rd - OWnEr of Marna Auto. I have a 4 bay
garage and 1 acre parking lot. My garage is for the growing needs
for the Varna community. I only have 2.mechanics right now. My
concern is Mark Bell coming tQ my neighborhood. That will totally
affect my business 100 percent. Mir garage is only at 50 percent
function right now. With him corning in it might go dawn to 30140
percent. Does Varna have enough business to have another garage.
My facility is big enough to serve all of the community and I
would like you to consider that with another garage corning in a
very small nommunity. This will affect Foy business also m
neighborhood and everybody froFo the suburb. I know it will get
more income for the town and county, but it will also affect the
neighbor businessman a lot. 5o I am opposed for this .idea qDf
another garage Coming in. This garage is similar to the garage I
operate right now for repairs, towing and used cars,
Marshall Taylizir^, 75 Turkey Hill Fed - I believe that the property
uses given that Mr. Bel 1' s garage would be ad ja►cmnt to the
conin3un ity c4anter are incompatible with the operation of that
commtlnity center. It is incompatible for purposes that the
community center was built. It is incompatible with current uses
of the center^ and even more important it is incompatible with
reasonable expectations for the future use for that center
inclu Ing service for }youth and senfor~ citizens. Sven if the
economic value of the VCA property is not depressed by the
/C;Z
TB9-2 -97 Page 7
- issuance of this special permit the Varna community interest for
which the entire association was formed I believe will be damaged.
I would like to know this is not true for any commercial or all
commercial interest that could go into that property. Indeed I
think there are commercial interests that fall within the current
permitted uses without requiring a special permit that could no
into that property that would not degrade and be an asset to the
community center and the large community as well. I think our
community is going to be damaged if the Varna fire company is not
able to get a reasonable price for their adjoining building within
a reasonable time frame. Our community is going to be harmed if
ill will lingers over the issues that are raised over this
proposed purchase. For all those reasons I was one of the people
who approached the VCA board and requested them to make a
reasonable competitive offer to the fire company for the facility.
Subsequently I pledged my support to the VCA for both meeting the
debt load that will place on the association and for revitalizing
and expanding the services offered to the community that could be
done out of that center. I urge this board to do 2 things. First,
despite the fact that it may put a temporary block on what the
fire company needs to do. I ask you deny this special permit.
Second, as our Dryden leaders I am asking your help to step in and
help the VCA and the fire company to join together to meet some
mutually acceptable and beneficial agreement. The relocation of
the fire company on Turkey Hill Road has really opened an
opportunity for the Varna community. That opportunity included
better improved use of the community center. I would like you to
help us take advantage of those opportunities and do not
anticipate in doing something I think will severely limit the
opportunities for the community center.
Supv Schug - I understand if the community center and the fire
company worked together 1 1/2 years ago when they talked about
moving we wouldn't be here talking about this. I wish the offer
that had been made last Thrusday night would have been $65,000.00
to the fire company they might have been in a different position.
Oliver Habicht - there were 2 main concerns when we put out the
bid money being one of them. $11,000.00 contribution to the VCA
would have to be substantiated by something. The over riding
issue is the matter of time. It has been 1 1/2 years that we have
been trying to sell the building. The concern there is Mark Bell
has put forth not only an effort but a legal contract to allow us
to accept and move forward with that. Until late this morning or
early this afternoon that was not true. VCA did hand me a purchase
offer this afternoon summarizing the condition of letter of intent
that we reviewed on Thrusday. However, on Thrusday it was a letter
on intent. Some issues were not even described in the letter of
intent and we were left holding the entire risk of the sale. Not
only timing and the costs certainly are pertinent but pertaining
to the risk as to who is holding the bag at the end of the 3
months if for some reason the VCA could not come up with the
money. It is a very important consideration to the fire
department.
•
TB9 -2 -97
Ken Finkelstein - I
am not
privileged
to
purchase
offer that
has been
laid
on
the
told it
was indeed
a cash
purchase
offer
placed the
VCA at risk
for
the
purchase
company.
I would like
some
clarification
could do
that.
the coedit
table but
which I ur
price not t
if there i
ions of the
I have been
derstand has
he fire
s somebody that
Atty Jim Miller - I drafted the purchase offer. It is a cash offer
and absolutely no contingencies. The risk is not on the fire
department at all. You can't get a better purchase offer. The VCA
is the one assuming all of the risk not the fire department.
Joan Tavallie, 1196 Dryden Rd - I have lived in the area for 27
years and for the last 15 years everybody wants to do something
for the community center. There are no boy scouts, girl scouts or
brownies any more. The last thing I ever remember doing at the
community center besides a wedding reception was a firemens day
when I was 9 years old. I don't understand all of a sudden the
community center wants to hold on to the fire department building.
I wish someone from the community center would show me how much
they have raised from renting it out for receptions. Someones
concern was about wedding receptions and where the cars are going
to be parked. For my parents party we parked out back because it
was a surprise party. I do not understand why all of a sudden the
community center wants to hold on to the building instead of
letting this man run a business. If anyone of you have lived in
Varna there was a store on Rt 366 near the Antlers, a store at the
laundromat which are now gone. That is business. If he can make it
let Mark Bell try to make it. I don't take my car to anybody in
Varna. I take it to Baker's Auto on Slaterville Road. I know other
people who live in Varna that do the same thing. This is just my
point. Everyone is concerned about Mark Bell and this mechanic
putting a shop in. Are you going to take your car there or is he
going to bring his business with him.
David Weinstein, 51 Freese Road - whatever may or may not have
occurred in the past whether the center has been used is not the
issue here. The issue is the future. There are a lot of families
here who are interested and excited about being involved in the
VCA in making Varna more than just a drive through business strip.
We are getting involved in the association and we have a place
which offers an opportunity. We have talked about the possibility
of putting in a playground for the children, an after school
program and other things. We could have a place where families
could go in that general neighborhood and meet and watch their
children play. If there is a garage there I just am not interested
in having my children go there. It will take the life out of our
potential for our community regardless of what has happened in the
past. We are fortunate to already have a building. To degrade the
general area where that building is and have a car place there
that would take the wind out of any sails that could get moving
now.
gal
TB93 22 97
Clp CO Hatfield
centerm
Page 9
I take it you are a member of the community
David Weinstein
Case, 953
- I
have applied
for membership. l have not been a
member. It is
and I
now where
a lot of
families are now nett:Lng
interested in
Varna.
coming
together.
knoN
Martha
Case, 953
Dryden
fed - I have lived
there 58
dears
and I
happen
to know a
11ttle
bit about
Varna.
I would like
to
knoN
where
these people
have
beery over
the
years that we
have
tried to
keep the
renter
going.
There has
only
been a handful
of
us Nho
have worked
down
there
day and night.
I have never
seen
some of
these
people inside
of
that building
until just recently.
I say
let Mar*
Bell have
his
permit.
Steve Jalso, 708 Snyder Hill Rd = I do not live in Varna. If the
community decides that the property will be for sale or will be
offered I would like to look at the building and consider it for a
taxi service, not a repair shop but an office. There will be cars
in and out there. If the town board considers this would be an
acceptable offer I would like to enter an offer after l have wart
the building. I would have to see what the building would require,
roof, plumbing, heating, etc. I would offer a different kind of
business. The business will create more business for the community
because we would bring in cars for clil change and tire changae to
the neighboring garage. This would not be competing with the
present garage, but would tiring more money to the corowunity. I
would like to make it clear only if the board considers it as
feasible_ I do not want to enter into a dispute should the hoard
consider it or the board reject it.
Supv
Schug
- I spoke
with
you
on
the
phone and yoti talked about
doing
rs+pairs
there,
changing
tires,
etc.
Steve
i m med
t ruff
weekw
the r
.Ia
i at
ic,
Th
oNad
yes, because s
ely because the t}usi
the answer is yes.
ere would be an offi
ometimes we are pushed and we treed it
noss is as such. Will there be any
It would be L4 hours a day 7 days a
ce there and the cars are usually on
Supv Schug you understand what he is saying. He would like to
run his taxi cab business out of that -same building. We are here
to talk about Mark's application and here is someone else
interested in that building. He would like to run his cabs (up to
15 cars) plus C people in the building for dispatch etc. YQu are
talking about 17 /18 cars and some minor repairs going on. We are
not every considering this now} but that is one of the offers the
fire company is looking at if Mark's application is turned down. I
guess the important thing is if the community center is interested and are they going to make a deal with the fire company and do it
quick rather than have the town board meeting to discuss the pros
and cons of the whole project. Either the taxi cad corirpan with a
neue public hearing or cont inue with Mark's pr 0Jeet.
/a 3
TB9 -2 -97 Page 10
George Casella, Ellis Hollow Rd - captain of the Varna Fire Co. -
I agree with Martha Case and would like to speak to the community
association about the comment and concerns and tell you the fire
company perspective on this. The fire company decided to do
something about our quarters in Feb of 1996 and the first people
we contacted was the community association to discuss with them
what would be reasonable. We were basically given the cold
shoulder and they would not discuss with us the possibilities
although we did try to discuss things that could be in there. They
decided they could go their own way. They thought we should donate
the building to them which in terms of our responsibility to a
wider community and a wider tax base is totally not feasible, plus
our own expenses have to be met. We tried to do this almost 2
years ago and we need to be out of there. We need to have the
funds the building can bring us. The offer the community center is
now bringing us has to do with the possibility of raising funds in
the future and the possibility of us taking the mortgage, we can
not do that. On Thrusday what was brought to us was an offer
without funding. That was what was brought to the board of
directors. There was no cash in hand. They were beginning to start
a campaign and hope to close within 3 to 6 months. We can not
tolerate such a time frame. The point is we tried to do al], this
and we started this 1 1/2 years ago and we are at the point where
we need to move ahead. We need to have closure on this deal since
we have expenses to meet. We are sorry you find Mark's truck to be
objectional but we need to close.
Kathy Wilson, 1196 Dryden Rd - I am vice chairman of the VCR.
There is a lack of communication here because of our meeting last
Wednesday night there was no cash offer and they were still
wondering how they were going to raise the money and they were
also going there with a certain amount. There was no mention of a
cash offer on Wednesday night. I am vice chairman and I would have
thought someone would have notified me. This is one of the main
problems with this center. There is no communication. I think
property owners have more to say than everybody else in that
community. I am glad there are people coming out and offering to
help but I have been in that community for 55 years and I have
seen boy scouts and girl scouts open and close. The people are
here to help now, but I bet 2 years down the road we will be back
down to 12 people again. All of these people are young and have
children at home and they are not going to have the time to run
the center and the center does not have the money. I would like
someone to come forward and tell us where you are getting the cash
from. When we left the meeting Wednesday night there was only
going to be a purchase offer and that was all that was mentioned.
It was discussed we were going to try and hold off as to how fast
we would have to raise the money.
TOWN Or DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
607 - 644 -9120
ZONING & BUILDING CODE ENFORCEMENT
September 4th, 1997
In 1he Heart oj`the Finger Lakes Region
Michael K. Barylski, Deputy Regional Permit Administrator
NYS Dept. of Environmental Conservation
1285 Fisher Avenue
Cortland, NY 13045
Re: RMS Gravel SEAR & Art 23 Title 279 NYS Mined Land
Reclamation Law of 1991, (MLRL)
Dear Mr. Barylski:
As you are aware
Hearing 9/2/97 t
PO Box 455, Dryd
Permit authority
adjacent lands a
toward NYS Route
the Town of D
o consider the
en, New York wh
to extend thei
cross Mott Road
38, an area to
ryden
applic
o were
r Mott
sout
be kn
held a
ation
reque
Road
h alon
own as
Special Permit
of RMS Gravel of
sting Special
mining area to
g Hart Road
the South Mine.
The Board opened the hearing by acknowledging that NYS DEC
Region 7, at 1285 Fisher Avenue, Cortland, NY was the lead
agency for both the SEGR and general mining permit review.
The Town of Dryden would be participating as another
interested agency and address aspects of the mining permit
application established by the (MLRL) Linder local
government. Those items include:
1). whether or not mining is permitted use within the
Zoning District of the proposed site,
2) . Setbacks,
3). Barriers to restrict site access,
4). Dust Control,
5). Hours of Operation.
The hearing was then opened to public comment.
Cindy Miller, ,joint owner with Thomas Miller, operators of a
dairy farm immediately to the east of the site; explained
that they wanted to be sure their dairy crops would not be
subjected to dust drift resulting from mining operations.
Applicant Engineer, Jonath
Draft EIS along with coact
the dust control and relat
Mrs. Miller that dust woul
as required by the MLRL -91
comment or concerns were v
closed after an adequate c
an W. Harr i
hor Patrick
ed mitigati
d be confin
provisions
oiced durin
omment peri
ngto
M.
on e
ed t
N
g th
ode
n,
Sny
f f 0
o t
0 0
e h
coact
der d
rt as
he mi
ther
earin
h
e
s
n
P
9
or of the
scribed
uring
ing site
u b I is
which was
lay(
TB`, 2 -97
Rage 11
- wanted
-
read
memo to town boardw Board members have copy
Chris Eaton,
14 Freese
Road
- 1 am also an officer
of the
fire
company - I
for one would
we l come Mark Bel 1' s
operat i one In the
fire company
when we have
a
motor vehicle accident
one
of the
first things
we treed to
get
on the scene is a
wrecker.
One crf the
things we don't
get Is
William
Cher because he
doesn* t
run a 24
hour wrecker
where Mark
Bell
does.
Ken
Finkelstein
- wanted
-
read
memo to town boardw Board members have copy
acrd
copy is
in
minute
what was supplied. I also
bcooic.
Supv Schug
and she was kind
- wanted
to know if fir. Finkelstein was a membor of the
coammuoi t
y
association.
and there are
Kerb Finkelstein - I have applied for membershiip.
S u pv Sch u g -� I talked w i t h Yawn Potter, secretary to the
association
and she was kind
enough to send me a list
of events at
the community
center vs the
hours Kark Sell proposes
and there are
very few
conflicts teased on
what was supplied. I also
asked for a
current
list of the membership
at the community center
and there
is no list
available.
I have
15 names to
Dawn Potter that' have gotten very lax ever the years since there
was only a handful
of people who
came. The activities
of who
were very
slow. Thank
you Mark
Bell because
in the past 3
weeks
you have
brought some
people
forward who
wanted to carne
buck within
the
association,
I have
15 names to
come before the
next
board
meeting. We
have not
had a monthly
meeting since
last
June.
Ou,pv Schug
� if you don't have
a lest
of who
belongs, this is
aside from
Mr. Bel
1' s hearing,
tow do
you call
a meeting. Haw dog
you let the
people
know there
is a meeting.
have
gotten
Martha Case
� word
of mouth. It
seems
to be
among the people who
sit on the
board.
It is never
advertised
to
in
the
paper.
Dawn
Potter
- it
is
always
the
name
day
of the
month.
I agree we
have
gotten
very
lax
about
that
and
it
needs
to
be
co rrskcted_
Rtty Miller - I think the board needs to consider what the rules
are by the zoning ordinance they have. This lot has 96' road
frontage. It is approximately 15, QQ4l 1'?, 000 sq ft and 54 penuent
of the usable lot including the state highway is occupied by the
building. In other words no side yard set back on one side which
is required. Under the RC zone you are required to have 125' road
frontage, 30,000 sq ft, a 15' side }tarn set back, and certain
parking which has apparently been taken care of where parking can
only he 15* a ;way+ from the side yard and you can only have 20130
percent of tloe laved occupied by a building. The zoning law says
that under Section 544 your general provisions that no building
shall have its use altered unless such action is in conformance
with all of the regulations of that zone. Under non conforming use
Section 1701 it says that grim hoard shall not issue any special
1 ;t)
TB9 -2 -97 Page 12
. permit unless the regulations of the ordinance (it talks about
density, yards, parking, etc) can be substantially complied with.
There seems to be 2 conflicting things. One says you have to have
substantial compliance. I would respectfully suggest to the board
that this board can not find that this application meets
substantially with the set back requirement. Mr. Bell has to show
that he has or can procure 125' of road frontage. He has or can
procure 30,000 sq ft. He has or can procure to decrease the
building, tear down the building so he only has 20 percent of the
lot coverage. He has or can procure a 15' side yard set back. If
he can't do that than this board is required under it ordinance to
deny this special permit. This is the first hurdle. These are all
objective criteria. We are not talking about health, safety,
welfare or good feelings. We are talking about very specific
objectional criteria that this board must find. I would ask when
the board makes a decision that it makes specific findings on
those issues. I believe the board is required to do that. The
second hurdle is the application must address the special permit
requirements. In your zoning ordinance it talks about the entire
zone and with all due respect it is not a 500' radius. This board
is required, and the ordinance states you shall consider how it
affects the zone. You must look at the entire zone. You can't look
at 22 percent of people in a 500' radius. That is totally
irrelevant. You are required to look at the entire zone. RC zone
talks about the purpose of which you identify and establish areas
where farming is one of the principle areas of activities where
residential and other developments should be compatible with farm
use. I will be first to admit you don't have a farm in downtown
Varna but this board is required to follow the statue and that is
what your ordinance talks about. That is the definition that you
are required to follow. Second it talks about whether or not the
uses are more objectionable to nearby properties. I think the
petition signed by 101 people speaks for itself. Third you must
consider whether or not it will hinder its use to adjacent
properties. In this case the community center has put in a
purchase offer and they want to purchase it. If it is clearly
purchased by somebody else it will hinder the use and the
development of adjacent properties. Also it talks about health and
safety and I don't think this is a big issue but the last
consideration of paragraph 4 talks about the general welfare of
the neighborhood. I would like to suggest that the welfare of this
neighborhood will certainly be better served by having a community
center vs a commercial garage. Those are the factors that the
board must consider and must determine. You must find that the
welfare of this community will be better served by not having a
commercial garage. You must find that this permit would not hinder
the use and development of the adjoining properties. You must find
that is compatible with a farm zone RC zone. I would ask when the
board makes a decision that you address each factor in terms of
granting a special permit. I would also ask that you deny the
special permit.
TOWN OF D1217DEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN. NEW YORK 13053
607-444-9120
ZONING & BUILDING CODE ENFORCEMENT
August 22nd, 1997
In the Nean of the 1'irrgcr Lakes ReSiCur
James Schug, Dryden Town Supervisor
65 East Main Street
Dryden, NY 13053
Re: Hearing Schedule, Tuesday, September 2nd, 1997
Dear Jim:
At this time, I have scheduled 3 Public Hearings for Tuesday,
9/2/97, the next Town Board meeting. Attached is a copy of
only new application materials and related documents and
comments. As follows is the established agenda.
I have scheduled the three hearings based in an order of least
time consuming to most time consuming.
7:.3@ Clou
The
Dist
rece
appr
d
si
ri
iv
ov
Nine RestaUrE
to 119 North
ct. This faci
ed approval i
als that were
nt, 119 North Street, Dryden, NY.
Street, is within a MA Dryden Town Zoning
lity was formerly Oh'Brians Restaurant which
n 1988. This approval was one of the earlier
assigned the condition, "Not for Transfer".
Recently, Oh'Brians after 9 successful years, closed their
doors. At this time, Margie Albern and Michael Henry, both
from the McLean area, jointly propose to reopen the 1.19 North
Street facility under the name "Cloud Nine Restaurant ".
Attached is copy of their application, my review, but no SEAR,
as I believe it to be exempt under the authority of 6 NYCRR
Part 617.5 (C) — 2&1 "transfer of an existing permit or
authority where there is no material changes in permit
conditions of the scope of permitted activities ".
Concerns are, installation of a facility grease trap, back flow
preventor and dumpster screening.
7:45 RMS Gravel, expand existing mining permit authority.
As you may or may not recall, on 1,2/10/96 the Town Board, RMS
and DEC personnel met here at the Town Hall, to participate in a
joint project seopi.ng sess:i.on. Briefly, the purpose was to
identify potential issue, which would require mitigation to
allow the surface mining of gravel at the proposed site to
coexist with neighborhood.
James Schug
(august 22rnd;
Page Two
1997
NYS
DEC
a55umed
M.
Slater
the lead
scope
general
of
project
duration
&
review.
the
interested
Cade Enforcement Officer
DEC declared
agency.
an
Environmental
A
copy
agency status for
The Town
of the
assumes
12/10/96
both the SEOR and the
the role of another
Board minutes is attached.
Due
to
nature,
M.
Slater
scope
of
and
duration
&
of
the
project,
Cade Enforcement Officer
DEC declared
an
Environmental
Impact
Statement,
EIS,
shall
be
prepared
for
this
project.
Based
on
the
merit
of
the
7 /IT
/97
EIS,
other
agency
and
general
public
comments
of the
E15s
the
permit
decision
will
be
determined
by
DEC
at the
conclusion
of
the
EIS
comment
period
which
is
September
8th,
1397_
The Town has had a mining permit pracess wit
by Spec.ial Permit, for many years. When Tow
Special Permit were first adopted, NYS DEC,
mining permit process. Since DEC adopted it
Reclamation Law of 1991, " there his been an
to closely regulate mining and land reclamat
5uQC :a5 6fu1. Thee Town Special Permit, sha�Lld
the use is permitted, setbacks, access bar~ri
dust 20)d noi9e control. It was agreed apps❑
Permit conditions of appr%ov4�Kl, if approval i
inc ❑rpQratE td into a pending DEC mining Per mi
h
n
d
s
e
1
e
p
s
t
in FCC Zoning Distriets,
mining autherity by
id not have a detailed
current "Dined Land
xtensi,ve effort by DEC
on which has been very
address, whether or not
rs, hours of operation,
riate Town Special
granted, will be
8:00 Continue the Sell Automotive Special permit Review for a Special
Permit to establish 4�t commercial garage within the former 945 Dryden
Road, Varna Fire Station Facility. Mr. Nell will be providing a
traffic study and value analysis of the area which assumes Bell's
Pluto Care were to develope in the Hamlet of Varna. Soth studies by
qualified professionals.
Very truly yours,
Henry
M.
Slater
Zoning
&
Building
Cade Enforcement Officer
cc: Site F'
Mahlon
Dave P
County
S11.sann
Plarg i e
Roy Re
FBIark P
Michas
Cortla
lan Revi
R. Perk
utna.m, T
PIannin
e Lloyd,
Albern,
eves, rM
el.l, Bel
1 K. Bar
nd, NY
ew Board Members
ins, Dryden Town Attorney
G. Engineer & Surveyors
g Dept.
Dryden Town Clerk
Cloud Nine f est3iUParwt
Bravel
1 Auto Care a. Cara Sales
yiski, Region 7, NYS UEL,
13045-1090
1 8 I° i. 5her Ave,
TONN OF DRYDEN 0 D YID N, NEW YORK
1335 EAST MAIN STREET, DRYOEN, NEW YORK 13053
607- 844 - 'J120
ZONING & BUIU)ING CODE INFORGEMENT
August 26th, 1997
M. the Hcao-f of the f 1.Oiger Lakes Region
James W. Hanson Jr., CDmmissianer of Planning
Tompkins County Planning Department
Old Court Houle Building
121 East Court Street
Ithaca, NY 1.4850
Re: Site
Plan
Review
Special
Permit
Review,
pursuant to
039
L-&M
of
the
NYS
General
Munic�ipa.l
Law
Ile ,ar Commissioner Hanson:
Pleaae find enCloaeck
Albern of 1 Gulf Hil
25 Chukr Dh Street, Ha
Review and Approval
Oh' Drians Restaurant
name cif "Cloud Nine
Town MA Zoning Distr
Review and Approval.
copy of an applic
1 Road} Hamlet of
mlet of McLean, wh
of their proposal
at 119 North Stre
Restaurant ". The
ict, the use is a
ation
McLean
om are
to rec
et, To
Site
permit
submitted by Margaret
& Douglas Henry of
requesting Site Plan
pen the farmer
wn of Dryden under the
being within 4�R Dryden
ted use by Site Plan
Please note, we have not regirir�ed a SEOR docUment as we believe it
to be an exempt action under the alutharity Df 6 NYGRR 517.5026,
transfer of existing permit with na site or structUre change.
RMS Gravel Co_ Inc., PD Snx 433, Dryden, NY is requesting Special
Permit authority from the Town of Dryden to expand its Mott Road,
Town of Dryden Gravel Dining authority to include an additional
161 acre site southeast of the present site along Hart Road.
Again, there is n
Avenue, Cortland,
dee;14�Lred itself t
the EIS route of
Pfinovisions of the
I believe, Katie
with a ropy of 7/
o SEOR documents
New York, Atten
he lead agency b
review and the g
NYS 1991 mined
Borgella of your
15/97 EIS docume
NYS DEC, Reg i
t i on : MiCh4Re 1 Pa
oth in the SEOR,
eneral project r
larld Reclamation
department has
nt.
on 7, 1285 Fisher
ry 1 sk i, has
which has gone
eview under the
Law (MLRL -91).
been provided
The Town of Dryden being another inter %ested agency, will conduct
a Special Permit hearing tO consider the permitted use status and
other considerations the MLPL -91 law leaves to Local gover•nrnent.
Upon colflpletion of the Towns Special Permit Review, a copy of the
Special Permit, a.ssUming the Tower Deard grSnts authority, a.nd
appa ^ova -1 conditions will be sent to NYS DEC for QGC Perma.t
consideration prior to the 5/8197 cornrnpnt period expiration data.
James W. Hanson
Augvst 26tli, 1997
Page Two
As
yDu' ll
reclail.,
the
Town requested
hearing
239
L &M comment for the
proposed
Bell's
September
Aute
Care request
to
establish
a commercial garage
for
945
minor
Dryden
auto
Road
sales
facility_
+fir services
within
the
former Varna Rlre Station,
The Town conducted a public hearing on 8112157 but
determine a decision. The Board requested traffic
atffen:t on area property values if Pell were to go
also requested Community Center use infnrination.
The Boa -rnd will
further input
239 L&M re❑ert
this project_
was not able to
analysis and the
forward. The PO4�ard
continue
this
hearing
on
September
cnd,
1997.
Ally
from
you
department
is
welcome.
We
have
your
9112/97
which
as
been
included
in
the
Town's
evaluiation
of
Very truly yours,
A
Henry M. Slater
zoning and Building
Code Enforcement Officer
cc. games Schug, Dryden Town Superyisor
Town Board
MAhl,on R. Perkins, Dryden Town Attorney
Dave Putnam. T. G. !Miller Engineers & Surveyors
Applicant, Margaret Albern, Cloud Kline
Applicant, Roy Reeves, RMS Gravel.
Applicant, Mark Bell, Dell's Auto
j
TB9 -2 -97 Page 13
Alan Berger T chief of the Marna fire company - we can make this
as difficult as possible in terms of granting the special permit.
I would like t o point out this i s private property. The fire
company does own it and we don't have any technical obligations
accept to consider- a purchase offer or possible purchase offer
from the VCA. What I did want to focus an was the quality of
downtown Varna. I think the issue is not what has been in the past
as to what has been brought up but the future in terms of what it
could beecime and what impact its change of use is Doing to have on
today. I can }t predict what is going to be there in 20 years. What
does this change mean to the people who live there now. I don't
know. I don't think that Mark Bell's proposed use is veally that
much of a change from that of a fire company. One of the first
coymner ns that carne up at the meeting 3 weeks ago was one of noise.
A commercial garage is going to generate noise which will not tFe
compatible with the community association for use of the property.
P fire company makes a fair amount of noise with the 8 fire
engines, diesel engines and sirens. The amount of noise is not
going to charge all that much. Another issue that carne up was one
of traffic. You can have a commercial business there and hovel much
traffic it is going to generate. I have heard Mark Bell Nas
consulted w1th a traffic engineer. The fire company generates
quite a lot. We have on the average an Thursday rAght 20 cars that
go in and out on a regular meeting night with 4 or 5 fire trucks
going in and out. They also go in and out on the ,average of 4
times a week on uFnergencies. We get an average of 10 cars for
every emergency. There are dozens of cars that go in and out of
there every [fay of the week. That sort of change cues this use
really mean for the people who lure in the SUr^r^oundino
neighborhood. I would submit the amount of traffic would be the
same. The amount of noise would be less and probably not a
significant impact. In today's equation in terms of proporr -ter
value, quality of life of downtown Varna I don't see that there is
a big change. For what is in the best interest of the community
what percentage of our incomes comes from taxes (96%) . That is a
large percentage.of our money that comes from not only downtown
Varna but also from the entire Town of Dryden. The fire company
feels it has a responsibility. I do applaud the efforts of the VCA
through the activity they have been able to generate in the last
few weeks. All of the suggestions that were made of possible
things they could do there and ways to improve downtown Varna. I
think just about every one of the ideas that carne up can be done
in the existing building the VCA already has. The .sale of the fine
department, the conversion of it from fire c=ompany garage to a
repair garage by Mark Bell is not going to change the environment.
If they could have youth oriented activities at the community
association with the fire Coropany there they can have the same
activities with hark Bell's garage there_
Mark Bell - I think there are a lot of similarities between the 2,
As far as the noise there will be occasional noise generated by
the air eornpressor and occasional noise by the impact hammer. 0411
iaq
TB9-2 -97 Page 14
Ipof them are short lived noises. I did check today with William
Stewart who is a building and construction engineer from
Binghamton who handles code enforcement. He has also looked at
this building and he believes that with the proper construction of
the party wall there is nothing that my business would interfere
with the future development of the existing community center if
they wanted to do day care and youth activities. There is nothing
as long as they comply with what their building has. My being a
next door neighbor does not hinder them in any way shape or form
as far as the code aspect goes. As far as me being compatible and
complying with it doesn't seem to be an issue with the state as
far as they are concerned. I keep hearing about the playground and
if the garage is granted they can't have their playground. I am a
little confused because someone made mention that the petition
that went around was one of the misconception is I am getting the
yard out back. That will still belong to the association and will
always be part of the association since I have no interest in it
other than if they would like me to relocate my cars to that spot
if they need the extra space for any of their activities. I am
more than willing to construct a fence to block any visibility
from the back yard looking towards the building so they would
never see a garage. I have consulted with the traffic study. The
fire company produces about 114 cars a week. According to the
studies the national average is 120 cars a week. The traffic
engineer stated that while he did not have information about
specific safety hazards in your area it is his opinion that the
number of trips generated is so low that any further case study
would not be warranted at this time. I also received a letter from
an appraisal company stating that in an area of mixed commercial
and residential development on primary roadways that there is no
measurable impact on the value of residential property. This was
done by Kenneth Gardner of Northeast Appraisals. (copy in minute
book)
Deborah
Berger
- member
of
the fire department
- one big
concern
is the traffic
road frontage
issue and
I
calculated
in a 5 day
period if
parcel
they
had a day
care
there with
exceed the percentage
30
children it would
equal 300
cars
for
5 days since
the
parent
would
from
have to drop them
off and pick
There
them
up. This
would
be more traffic
this
board
than Mark would
generate in
non conforming
a 5 day
period.
As the
lawyer stated
before any change
in that building
the zoning
laws
had to be
met
therefore the day
care would
not be
able to
meet those
zoning
laws
because he said
any change
of use
for that
building.
Atty
Miller
- the community center would own a
parcel
of land that
was more
than 30,000 sq ft and
more than 125'
road frontage
and
have
the
set back requirements
and also own a
parcel
of land
that
wouldn't
exceed the percentage
of occupancy by
a building.
I
think
that
the
fire department is very
lucky to get
an offer
from
the
VCA.
There
are not many uses allowed
in this district
where
this
board
could
even allow given the
non conforming
size
of this
lot.
(�
TB9 -2 -97 Page 15
Alan Berger - it is the person who is operating the property is
required to have the special permit. It is not necessarily the lot
owner. The fact that the VCR owns the lot actually isn't
significant as I see it. I look for clarification to the special
permit process. The VCR would actually operate the day care
center. They could not let it out for someone else to manage.
Z.O. Slater - we are confusing non conforming preexisting lot as
if we were going to create a new lot. We are also looking at a
building that is basically 2500 sq ft over a lot that is about
13,500 sq ft a little less than 1/3 acre. The building does meet
the required side yard set back. There is a common lot line
between the community center and fire department in the one
section where the connecting hallway is. The building for the rest
of the connecting hallway although is not 15' from the side line,
but is 101. No matter what they do with that building unless the
community center were to buy the building and consolidate the 2
buildings into one building with a conforming 3 hour fire wall
will have to be built in that section of connecting hallway center
between the community center and fire company. The community
center is the one who is the on the lot line. The other thing they
can do is to make the entire connecting area go away and the party
wall requirements go with it. You have to read carefully what
Section 1700 says before you read what Section 1701 says. That
tells you whether or not you have to go to 17010
Supv
Schug -
this is
why we will
do
this as a separate meeting.
All of
the findings
what is
will be done
in
writing.
actually
Jeff
Potter -
this will
force
us to
use some of our
back yard as a
parking
lot.
We will
probably
have to
use 50' of it
for parking
when
we have
special
events.
When we
do chicken BBQ
we have from
50 to
100 cars at a
time. Parking
will
be a problem.
meeting
Supv
Schug -
if you
have
100
people now you would have to park in
the
back, so
what is
the
difference.
wanted to know what
Clp C. Hatfield - as I understand it this property has been for
sale for 1 1/2 years. They tired to communicate with the community
center until Mark Bell made an offer and nothing was done, is that
correct. Why didn't you people get this done before hand and we
wouldn't have this meeting.
Mark Bell -
I
did
sit
down with
a group
from
the
community
association
so
wanted to know what
actually
the
renewed interest
has
only started a
week before
the
public
hearing.
I did have
a
meeting
with the
community association
and we
drew up a
tentative
agreement for
both parties.
When
we
left the
meeting
the parties
involved just
had to look
the
agreement
over.
Jeff Potter - when the
fire company
approached
us in February they
never gave us a dollar
amount. They
came in with
all the blue
prints and every one on
the board of
directors
wanted to know what
was going on. We never
shut our door
to them.
ia I
TB9 -2 -97 Page 16
Martha, Case - the a,saociation didn't even lock at the plans the
fire company presented to them. This has been going on for 4 1/2
years.
Richar,rdo Humerez chairman of the board for the association - we
had submitted a letter to the Marna fire company offering to
purchase their building for $35,000.00 The fire company rejected
our purchase offer and said they needed $65,OMOCs At that time
we did not have the support Of the community and did not think we
could raise the money so we dropped it since we could not afford
it. About I month ago there was a rally of the neighborhood and we
have seen our way clear to give them another offer of $42,000.00.
We thakAght that would be enough since they would not have to pay a
real estate broker and did not Dave to mate any modifications to
the building since we woUid be buying it as is.
Judy Taylor, 61 Turkey Hill Rd - people are wondering about the
rallying. E know several years ago when we moved in the VCR
mentioned that they could use new blood but my husband and my4molf
nacre involved in several committees and felt like we were
overwhelmed and never~ quite sure what was going on. I found out
recently that a lot of people including myself thought that the
VCP and fire company were one organization. There has been sorm�
confusion about the community center and now the community has
come together and beginning to realize there is potential there. A
lot of people are in favor of an after school program for children
and you have mentioned the youth commission. We are trying to
figure out hosed many youths are in the area. I have no problem with
the fire department being there and no problem with Mark bell but
I would like to see it at some other location.
GLaorge Casella - the original offer fr^ow the VCA was for
$35,000.00 about 1 year ago and there was a stipulation that the
Varna fire company hold the mortgage which we absolutely can not
do. We did; counter offer with $60,000.00 which at that point was
the best to our figuring was 80 percent of the assessed value. We
never heard from the VCA again_ Most recently the fire company was
questioned as to what offer they would accept. At this paint the
offer from Mary (sell is in limbo since the first purchase offer
ran out and we are waiting for the second ore so there is some
room for negotiating. At that .point we said something in the mid
509s would be reasonable. Again the stipulation was we do not hold
the mortgage. That is what materialized as to the offer of
$4E!,000.00 which was not a purchase offer but a letter of intent
which again funds would have to be raised. If Mark bell's permit
i,s not chanted this is going to put al strain on the fire comparwr
to carry this building and maintain some kind of usable form since
we are not there anymore.
Janet Morgan � it is my understanding there is now a legal
pt►rchatse offer on the table. One comment made by Alan Berger
concerning traffic and noise and making the ar^guwant that it is
TD9 --297 Pa.ga 17
enuivalent to what a fire company brings to the community in terms
of traffic and noise and what a commercial garage brings. You may
be right that the noise would be about the same. As someone who
lives across from the fire company I gladly accept the comings and
goings and noise of having a fire company, it is nazis at times,
but 1 haven't been there very long and I am sure over time you get
used to having the noise. accept that because 1 know that all of
my neighbors in the community in the fire district are
beneficiaries of that noise. It is entirely different to have than
same level of noise where the beneficiary is the owner of a
private business. I don't benefit from it and 1 would still have
the noise. The welfare of the community which I understand is part
of granting the special, permit. Given all of the history that
surrounds this and the intensity of the antagonism between the
people. 1 ask you as a board to consider how can it possibly
benefit the community to grant this 5peL!ial permit. I think it
will gust drive the+ wedge between the various factions even more
damply. If you decry the special permit the fire company has a
legal, purchase offer in front of them from the VGA. If they look
at that and should see fit to accept it you will see this
corm unity raise the 'funds to meet that Commitment.
Supv Schug - you say you have been there only a short time.
Janet Morgan - Yes.
Supv Schug � when you bought your house, how long ago 1 year.
Janet hlorgarr - no 5 weeks ago.
Supv 9chug - did you know you were moving into a commercial, zone
area,
Janet Morgan - I saw the real estate sign, yes and that it was an
RC zone and wham all the things you don't need ar special permit
form
Alice Humorez - 940 Dryden Rd - someone mentioned why ws didn't
come up with the $60,000.00 that the fire company was asking. Read
letter from Alan Berger starting he had polled about 6 people who
are voting members on the board for answers to questions he Copied
on 5 22, Each answer reflects only that members opirrlon. Opinions
will likely chango as a resuilt of discussion and as a result arty
arguments you make in a purchase offer or other contract. About
the value you think is appropriate for sale to the community vcn
or other organization or neighbor. I guess the only value of this
list is that it would be necessary to offer any value above the
highest number than to have unproductive to offer below the lowest
number. ULtr numbers assume no real estate signature and no real
estate improvement to the building nt this sale. Two said
$311540.00, one said $4StOOO.44, one said $41,000moo and two said
$35,404.00 but at c:lusr meeting the core hoard dial a lot of soul
searching and went through~ those numbers to think what we could
pose aibly get and what was fait`. We did an average and we went in
the middle so that is how we came up with our purchase offer of
$421 405_ OQ.
13(
TB9° 22 97 page 19
Chris Eaton - I would like to remind the town board that the fire
company board did not actually make a decision to reject that
offer. We have decided to wait and see what happened here. Again
it is not a purchase offer, but a letter} of intent. The fire
station right now is a garage no matter how you look at it and is
L
nsulated like a garage. We run the heat only at 60 degrees and
turn it up only on Thursday for me etIngs. On the building and
maintenance for the last 2 years we have paid $1,000.00 and gas
and electric $4,000.00. The fire company could possibly make it a
satellite, station and park our trucks back there. There are a lot
of options that are available. I would rather see it for a good
cause and not have to worry about it ourselves.
Mary Poatt9r - I have been very active at the community association
and we have realized we need something more for the chi1dr1bL=n and
the senior citizens. We have had a lot of activity there and the
building was used a lot. Rs far as the fire company worrying about
who is going to pay if we get the building it is no concern of
theirs. It is like someone guying a house. We put on a lot of
meals there for making money and I don't think the fumes of the
garage would add to the taste of the food. Ve have chicken BBQq
activities and an active senior group and the building sho4Ad .be
used a lot more. We r,ow have an opportunity to have more people
from the community who are interested in having a place for
meeting and all kinds of activities.
Janet Mangan -
a lot of
these youth
activities
that
are
being
proposed could
happen at
the existing
community
center.
That may
or may not happen
if Bell's
garage
goes
in-next
door. If
however
the community
center purchases
the
fire
company
side of
the
building it will
happen
because something
has
to
happen
to get the
money for paying
and the
up keep of
the
building.
It is
something
that has brou,pht
people
together in
the
community
and will
continue to motivate
people
to work
very
hard
with
the
focus of
making
it
work
because it
has to.
W indY Houson - mwmber of the fire company and member of the board
1 look at this situation that Mark Bell is a respective member
of the community and has presented are offer to Varna in which we
can actually recoup our money and is legally binding. As a member
of the board I would love to have the community center used but at
the same time the offer was not brought to the board at a speedy
enough aspect and to be honest at this mome.r�t it is not carried
with a bank loam so that the fire department can be left holding
the bag with all the good will. From the board standpoint of view
I can not allow this to happenm
! )
TB9 -2 -97 Page 19
Atty Miller - the purchase offer which I drafted is a cash offer.
It is not contingent upon getting frank financing. It is not
contingent upon some financial institutiono There is no risk here.
If you have a similar offer which is contingent upon financing
that allows the buyer to get out of the contract if they don't get
fina►rrcing In this case the community center has taken all of the
risks by giving you a cash offer. You will never have a better
offer than cash. Your responsibility ir, in weighing 2 equally
offers you are hound to take the cash offer rather than the
contingent one based upon some financing at a later time. I am not
saying the price is the same, but in terns of the risky you are
assuming you are assuming a lot less for cash than one that is
contingent upon financing.
Gip T. Hatfield
- was
confused
about
the
offers. Is
the cash offer
which was
accepted,
the town
with contingencies,
board
by
so the
rest of
the community
this point
center signed,
signed
we all
by
the chairman
a duly ela; ted
officer,
from
a group
which we
don't
have
a list of
names ter~
addresses
for?
Is this
offer pledged
What
by
the general
assets of the
community
assFaciation
or from the
individual
be able
who signed
the offer?
Atty Miller - the purchase offer 15 signed by the chairman of the
community center. The issue before the board is looking at the
ordinance and fulfilling your obligation to the ordinance.
Clp T. Hatfield
� Mark Bell
made an
offer
to
the fire
company
which was
accepted,
the town
with contingencies,
board
by
so the
rest of
this9 at
this point
in
tirrte,
we all
have a ,yob
to do.
To weigh
the issues
affecting
the
contingency
in order to
obtain
a special
permit with
a cash offer.
What
we need
are facts,
to make
our decision
and
then We will
be able
to address
these
issues.
Clp Grantham
- requested
all
written
statements that were read be
submitted
to
the town
board
by
Sept
Bth.
Supt/ Schuo - the town board will have their decision made by 9-
meet irnig.
Jim Stale, - one not for profit business is against another rr3Dt
for profit both in a sense are necessary in miaking the community
work. I think that is one of the of coricerns. As a property owner
across the street l do have same concerns from a change of
business Khich will lower the valuation of my property. What the
most concern is the town board has.an obligation for the community
welfare. The fire company will get their money one way or the
other. Whether they raise our taxes for the Marna fire district
which we will support. It s most important to keep in mind what it
will take the community to work. In giving up a center area to
commLarcial use can never be replaced. I hope the board will
consider• this seriously.
Supv Schlfg - did you know when you bought your house 3 weeks ago
that you were buying into a commercial zone.
TOWN OF DRYDEN
OFFICE or THE SUPCRNISOR
65 E, AST 1<AIN ST REET
DRYDEN, NEW VORK 13053 -9505
FAX f 7-844 -9599 Ia mMA11,(1rydentr�IitphfIink_iPm TEL 007-844-8619
August 19, 1 997
Ms. Dawn Potter
922 T)ryden Road
f.thaca, NY 14850
Re: Varna Commurpity Center Activities Schedule
Dear Isis. Potter:
At our Town Board mcctIng on August 12'� you, as secretary to the center, agreed to supply
the board with dales and times of activities taking place a1. the center. I hope that you have been
working on this list and can n ke It available to us by ..unday August 5'r', With this list, our board
will be fWly inf m cd as to the use of the center.
We would also appreciate a list of names and addresses or the active members of your
a.&.sociation. Th nk you for vour consideration of this requvNt_
incerely,
LNZ
.lagl titi ; F. Schug
r uper,�,sc�r
i
/m
Cc: Town Board
Susanrte Lloyd
Midilon PQrkins
Henry Slaler
• JOAN S. DODGE, Ph.D.
STEWART C. DODGE, Ph.D.
a Jz /`3 7
Cam`
4oe�j So
a.,oJ 44,2�r
952 DRYDEN ROAD
ITHACA, NEW YORK 14850
607 - 273.1396
Luc- Q -�.��r � �iL rr'`.c:0'Y+�c' -s �t1'�""'„y�,e�t.f.�c� -�./ •=— �.iur-� —P��
•
September 2, 1997
To Whom It May Concern:
Bell's Auto Care is my neighbor on my north property line having built their facility in 1986 in
what was then an empty lot.
As one might imagine, I had serious concerns regarding noise, odors and other pollution that
might occur as a result of this type of business. To date there have been no problems of note,
better than most businesses, and also some private residences.
A seven -foot privacy stockade -style fence and a row of evergreens separate our properties; a
visual barrier more than for noise. The traffic on Routes 13 and 38 and on our street is usually
more obtrusive. We have not experienced any odors or ground pollution problems.
I. feel that Bell's Auto Care is a valuable asset to the Dryden community.
Bruce 1~, Drowne
9 Lee Road
Dryden, New York 13453
Mark BolI
945 Dryden Rd
Ithaca, N`f' 14$50
EP - 8 1997
In regards to helping clarify mquirenients in Section 1303.2 part <b >, I have provided
the follwAirng;
Allowed uses;
1 _ farming does exist to the rear of tho 00mmunily opnicr's property, however, the nature of
our business will not gm mte any waste of byproducts that would interfere wi0k farm 1qr
2. Cii rrc.ntly thero .ire multiple efpcs of housing in the immediate area, to the oust are ninU l
properties, to the west is the community building. Across the street is owner nccupied
housing and currently the fire department is in 0 i Ioeatiorl that [ wish Io use, 1 will dove l
day time hours Monday through Friday, 7al,m, to b p.m. and awrday'S froln Sa.m. URIil 1
Park,. 111c fire dcparlmcat crated Mif#ic, noise , and conimotiQa t%wnty four hours a day
atid meetings and training at aighl. I also fool that this will be a convenient service for the
oanInjunity; easy pick -up and drop-,off of their cars, a wrecker service that is not offered is
their area and a tax revenue that has not been in the comntilinity_
3. TIjerc is ootriIrkuait} center to the west and a Church to the east. Both have more uighlly
activities than ones Iteld doting the day, which would be during our bouts, I have eF"dy
stated that if the center had a function that required more parkin, I would rolneale cars for
the day, if they wanld tet me park outback. The churches and coniminily c-entm also
gcncralc noise, with bands and chairs, and the traffic generated should be compatible.
4. Not apptioablc
5. There are currently no parks or playgrounds in the immediate area_ If the Varna Community
Association in the future cansln,cls such OIUI I rea, our operation cauid Basil} be Hidden by the
installation of a fence_
6. Not applicable
7_ There is currcady a hair st }'ling salon in from of the trailer park, from past experience as a
bwiincss, customers tike the convcnienco. Lave their car and get their hair done while
wailing_ 1 feel a bCncFi I is there for both business _
Sr I know of now home occsLpation in the immediate area for this r son i find no reasoning for
conflict.
9- 10. The arc deptlrtment. has a starag(' building in
the rear
of the V rnsk
COrninunity Association
property, i it vc agreed
to let thetn contimie
to cross
the property
in got to iI,
1 i_ Not appki able
12. 'There: are alrcad), mobitc ILo11lo parks Ihat exist, dist,Inec will prevent anv conflicts like noise
ar tra1�'ic, I do feel that it %VIII bL Helpful to the people in flit trailer park to bc abie to drop off
(Heir cars and walk home_
0 13. There are no banks in Varna, I feel that a bank in the location would generate more problems
with traffic.
I have received a letter from the Tompkins County Department of Planning stating that
the proposed "will have no significant deleterious impact on intercommunity, County, or State
interests."
<c>
I have contacted Al Berger for the estimated traffic that the fire department produces, lie
calculated that an average would be 114 cars per week (generated by number of people per calls,
training's, and stops per day by members). I also contacted Steven Gayle, a transportation engineer,
he concluded that there will be minimal or no change in traffic count (included in his report). Also
our traffic will be spread out. over the course of a day, current traffic was all at once when a call
would come in and in an emergency manor.
Our current location in Dryden is in a raised residential area. We have never had any
noisc complaints front our neighbors.
I have also contacted Kenneth V. Gardner I from North East Appraisals. In his
opinion, "there will be no measurable impact on the value of residential properties." l have
enclosed a copy of his letter.
We will not be doing any types of repairs that would be ctnusing any dust, vibration, or
fumes. We will be using existing heating system (radiant air, forced air, and hot water), so there
will be no change in smoke discharge. There will be less smoke caused by car exhaust then by
existing fire trucks. Currently there is an existing fire alarm system in place to protect against fire.
• We will keep all cars nett and secured. All tires and old parts will be kept inside or in a
secured area.
Occasionally there may be amber flashing lights when wreckers arc towing cars in for
repair, which will be less frequent than with the lire department All accidents or abandoned cars
will go to Dryden. All waste oil will be contained inside the building and removed by an approved
hauler. All garbage will be kept inside until it's pick up date and all sewage is municipal.
<d>
I consulted with William Stewart. He is the Senior building construction engineer for
the State of New York, in reference to allowed uses. He stated that after the party will is
constructed to code, that my auto repair business would not conflict with any uses the Varna
Community Association may plan for their existing building.
All other properties around this building have already been developed.
<e>
I have consulted with Peter Troubridge of Troubridge K Troubridge, about the
feezabilty of constructing a lype of buffer to the front of building, I have yet to It r an answer.
One main fear is that anything constructed would interfere with traffic visibility. To the east is
is a hedge row to act as a natural buffer.
The nature of our business is regulated by the State of New York, in which the business
that is conducted will be inside of the building. By doing this, the health, safety and general welfare
of the community will not be adversely affected.
Thank you for your time, any farther question, please don't hesitate to ask.
Mirk Bell n / /
KEEN
EP ! 8 1997
Mark 861
945 Dryden Rd ZON IN & 9 UILD1 NG DE?Tw
Ithaca, NY 14850
I would like to lake this opporuaniiy I iprge llkc� Dryden Towift Board to approve my request to
estabiish a Bed's Auto Care Service within an appropriate commercial facility at 90 Dryden Road_
You have rcgwstcd, that I }provide professional awed) sis of traffic safety and impact on local
residcntial property values if Bdl's Auto Care were to exist at 945 Dryden Rd_
As you know, the profcssiont�] analysis indicates that Etcll's Auto Care Service at 945 Dryden Rd
wouid havLw no noticeable impact on tr .O-ic or property values.
Opponents of Boll's Auto ware state 1.he opposite, but offer not one bit of evidence which support
IhCir concern_ In fact* Ilic only evidence which has been offered is in support of MI's Auto Caro.
I a addition to the pro ressiorkaI reports, the Tompkins County Planning Dcpaftment offer no
serious concerns recommending the Town Board act as it scc fat, Some persons Ita%eC visited my 116
North 5ircet faeilit} and have written, basW on the visit, a reronirricndation that tkt Town Board approve
my special permit irquc:st,
My application is Yurther supported by the Town of Drydcu'rvniug ordinamo Appc;ndix A, under
definition it defines a COMM urcial garage as All, " enclosed building used as a business for the indoor
storage or repair of motor vehicles, ccl_ert." I have coclosed a copy for you.
Although the Vann Pirc T)cpartment may not. be a prof t motivated business, it certainly ust,,d the
lire station for the storage of nnolor vchicics, and on a weekly basis made minor repairs to the housed
vCliiClcs_
Bell's Auto Care vWd be providing minor repairs and would be storing the wreckers indoors_
Both 0ir, pri or and proposed use of the building's function is a coninicrOal garage by deriIPition of the
Dryden Town Zoning Qrdinance_ Ml's Auto Care can occupy the former fire station Wile little ar no
change of this facility, draining iv the final conclusion that both prior and proposed use will remain as a
commercial garage,
1 belie %ec there to be no valid reason to rejec( nky request for a special perniiI approval fora Varna
Sells Auto C'arc.
Respcctf Ily -ours,
Mrk* Bell
n
APPENDIX A
Definitions. Certain words and terms used in the Ordinance
• are defined as follows,
ABANDON. To give up with the intent of never again
claiming one's right or interests in; to give over or surrender
completely.
APPEAL. Any request submitted to the Zoning Board of
Appeals for interpretation of this Ordinance, for decision
on alleged grievances resulting from enforcement of this
Ordinance, for a variance or for a Pcrmit.
BILLBOARD. Sce SIGN - OUTDOOR ADVERTISING
BILLBOARD.
BOARDING HOUSE. Any dwelling in which more than
three persons either individually or as families are housed
or lodged for hire with or without meals. A rooming house
or a furnished rooming house shall be deemed a boarding
house.
BUFFLR STRIP. Row of densely planted shrubs and trees
at least 5 feet deep with low branches intended to reduce
noise and screen out objectional views.
BUILDING. Any structure where space is covered or
enclosed.
BUILDING— PRINCIPAL, A building or buildings within
which is conducted the primary use of the lot on which said
building, is located,
DWELLiNG UNIT —ONE FAMILY. A detached dwelling
containing one dwelling unit only for the use and occu-
pation by no more than one family.
DWELLING UNIT —TWO FAMILY. A detached dwelling
containing no more than two dwelling units for the use and
occupation by no more than two families.
DWELLING UNIT- MUI.TI- FAMILY. One or more dwell-
ings on a single lot containing separate dwelling units for
the use and occupation by three or more families.
DWELLING UNIT —FARM. A detached dwelling con-
taining one or more dwelling units and forming an integral
part of a farm operation.
--� FAMILY. An individual, or two or more persons related
by blood, marriage or adoption, occupying a dwelling unit
and living as a single household. For purposes of this
Ordinance a family may also consist of not more than three
unrelated individuals occupying one dwelling unit. The two
definitions cannot be combined.
BUILDING — ACCESSORY. A subordinate building, the j
® use of which is customarily incidental to that of the
principal building, and located on the same lot as the
principal building.
BUILDING HEIGHT. The vertical distance from finished
grade to the highest point of a flat roof or the midpoint of a
pitched roof. On a hillside lot finished grade should be
considered as the average finished grade on the uphill side
of a structure.
BUILDING LiNE. The line formed by the intersection of a
vertical plane that coincides with the exterior surface of a
building on any side and the ground. In the case of a canui
levered building the vertical plane shall coincide with the
most projected surface.
CABIN OR COTTAGES. A building designed for seasonal
occupancc and not suitable for year -round living.
CLUB. Any premises or building catering exclusively to
members of an organization and their guests, not operated
for prolit in([ containing no merchandising or commercial
activities except as required for the membership and
purposes of such club.
DWELLING. Any building. or part thereof, which is
designed and uscd for year -round human habitation, or
intended to be so used, and including any appurtcnances
thereto,
® DNVrl.I.ING UNIT. One or more rooms located within a
dwelling and providing complete living accommodations
for the use or occupation by one family, including cooking
and bathroom facilities and an independent entrance,
18
FARM. Any parcel of land, 5 acres or larger in size, used
primarily for the raining of agricultural products, livestock,
poultry or dairy and nursery, greenhouses, or forest
products, and including buildings and appurtenances
necessary thereto.
FRONTAGE. The distance between side lot lines measured
at the street right -of -way line, or on dead -end streets,
measured at the front Yard set -back line.
GARAGE— COMiNIERCIAL. An enclosed building used
as a business for the indoor storage or repair of motor
vehicles including painting and the sale of parts and
accessories. A junk yard or auto salvage yard is not to be
construed as a garage.
GARAGI•;— PRIVATE. A carport or enclosed building for
use by the inhabitants of a dwelling for private storage.
GASOLINE STATION. A building servicing motor
vehicles and supplying fuel, lubrication, supplies and acces-
sories but not including painting or body repair.
HO'T'EL. A building used primarily to provide sleeping
accommodations for the transient public in which more
than six rooms are available for hire.
HOME OCCUPATION. A subordinate use of a com-
mcrcial or service nature located on a lot whose primary
use is residential and which is not detrimental to the
residential character of said lot and the surrounding neigh-
borhood. Home occupations shall be such things as hair-
dressing, tailoring, teaching, carpentry, electrical and
Plumbing work and similar activities, and professional
off ices such as doctors, lawyers, architects and licensed real
estate. brokers.
JUNK YARD. A lot or building, or part thereof, used for
the collecting, storage or soli of scrap metal, discarded
appliances or similar discarded material; or for the col-
lecting, dismantling; storage, and salvaging of machinery
or vehicles not licensed and in running condition or for the
sale or storage of parts thereof. An auto salvage yard.
Loll- AREA. An area of land the size of which is determined
by the limits of the lot lines bounding said area and is
usually expressed in teens of square feet or acres.
0 August 26, 1997
Mr. Mark Bell
116 North Street
Dryden, New York 13053
Dear Mr. Bell:
I have
reviewed the
available
information
related
to your plan to
open an automobile repair shop
in a former
fire
station on NYS
Route 366.
You have
stated
that the facility
is approximately 30l square
feet.
Tlic following information is found in the Institute of "Transportation Engineers Trip Generntion, 45th edition:
LAND USE 840: Automobile Care Center
AveraL'e Vehicle Trins 17.nds ner 1000 square feet Occupied Gross Leasable Area
[Calculations based on 3000 square feet]
AM Peak hour of adjacent street
L.n(Trips) = 0.754 Ln(X) + 1.44G9 165% entering, 35% exiting]
Trips = 9.9, round to 10
Ph•1 Peak hour of adjacent street
Trips = 2.631(X) + 2.926 [46% entering, 54% exiting]
Trips = 10.8, round to 11
® While these trip generation rates are based on national default data, they are generally accepted by the traffic
engineering profession when specific local data is not available. Note that these are trip ends, that is a vehicle
either entering or leaving your driveway, not both_
The Institute of Transportation Engineers, which develops and promulgates the standards of practice of the
profession, also offers the following guidance in "Trafc Access and Impact Studies for Site Development: A
Reeontmended Practice` []IT,, 19911:
"'Ilie Institute of Transportation Engineers recommends that transportation impact studies
be prepared for any project that generates more than 100 peak hour trips. Projects that
generate less than 100 peal, ]tour trips do not usually impact the area's transportation system
sufficiently to require a detailed study. Specific local conditions may warrant such a study if
the proposed development may cause safety conditions to significantly deteriorate"
While I do not have information about specific safety haz;irds in the area of your proposed business, it is my
opinion that the number of trips likely to be generated is so low that in any case further study would not be
warranted.
I have also enclosed a brief professional bio, documenting my tbackgroUnd in the field.
C! nc:
August 26, 1997
Mr. Mark Bell
116 North Street
Dryden, New York 13053
Dcar Mr, Bell:
I have reviewed the available information related to your plan to open an automobile repair Shop in a former
fire station on NYS Routc 366. You have stated that the facility is :approximately RX)O square feet.
The following information is found in the institute; of `l'ransporttation Engineers Trip C,errcrtrtron, 6th edition:
LAND USE W: Automobile litre Center
Average Vehicle Trips Ends per 10:)l square feet Occupied Gross 1.4asable Area
[Calculations based on 3000 square feet]
AM Peak hour of adjacent street
Ln(Trips) = 0.754 Ln(X) + 1.469 165% entering, 35% exiting]
Trips = 99, round to 10
PM Peak hour of adjacent street
Trips = 2.631(X) + 2.926 [46 %v entering, 54% exiting]
Trips = 10.8, round to I.I.
While these trip generation rates are based on national default data, they arc generally accepted by the traffic
engineering profession when specific local data is not available. Note that these arc trt_ trip ends, that is a N•chicle
either entering or leaving your driveway, not both.
The Institute of Transportation Engineers, which develops and promulgates the standards of practice of the
profession, also offers the following guidance in 7rafc Access and Impact .Studies for Site Development: A
Reconrmended Practice" [TTE, 1991]:
" The Institute of Transportation Engineers recommends that transportation impact studies
be prepared for any project that generates more than 100 peak hour trips. Projects that
generate less than 1.00 peak hour trips do not usually impact the area's transportation system
sufficiently to require a detailed study. Specific local conditions may warrant such a study if
the proposed development may cause safety conditions to significantly deteriorate"
While I do not have information about specific safety hazards in the area of your proposed business, it is my
opinion that the number of trips likely to be generated is so low that in any case further study would not be
warranted,
have also enclosed a brief professional bio, documenting my background in the field.
enc:
1�
5
:I
i�
ei
Automobile Care Center
(840)
Average Vehicle Trip Ends v :
On a:
1000 Sq. Feet Occ . r. Leasable Area
Weekday,
Peak Hour of Adiacent Street Tratfic,
one Hour Between 7 and 9 a.rn4
Number of Studies: 4
Average 1000 Sq, Feet 0 GILA: 1
Directional Di trilDution1 65 °lam entering, °lam exiting
'rip Generation per 1000 Sq, Feet Oce. Gr. Leasable Area
Average Bate R2:;nge of Rates Slandard Deviation
2.40 1,54 - 3,85 1,72
Data Plat and Equation
au #r.rr - Use 4Srefulf}r - Smatl arztple rc
GG _
_ . . . . . . . . . . . . . . . .
CO
LU
40 ......... ... _yr ... .. ... 1 , - Ne
f
m.
30
2G jX
7 10 11 12 1.) 14 L 17 1 Ll 1'D 20 21 22 23
}: = 1 OU0 SC - F11 i Occ, {=,r, ArCa
}s Actuil [)'!Fn Poinin
f'itkCCl Curve.
1:71ttvd C carve Equition: Ln(T) = 0,754 Ln(X) A- 1 _469
7'6 ;J ,J;;;7ukary 1 got
rR 1 . 0.43
132 3 1D:3ti1LI1C n; l- rtansporltLticN)11 rnginc3Grs
Automobile Care Center
(840)
Average Vehicle Trip Ends vs:
On a:
1000 Sq. Feet Occ. Gr. Leasable Area
Weekday,
Peak Hour of Adjacent Street Traff ic,
One Hour Between 4 and 6 p.m.
Number of Studies: 4
Average 1000 Sq, Feet OGLA: 12
Directional Distribution: 46% entering, 54% exiting
Trip Generation per 1000 Sq, Feet Occ. Gr. Leasable Area
Average Rate
Range
of Rates
Standard Deviation
2.87
1,87-3,61
1.74
Data Plot and Equation
N
C
W
4
N
_U
L
43
m
0)
r
L.
Q
z
W.
Caution - Use Carefully - Small Sample Size
Y,
30
...
...
GO..................:........
;�
.....I..................,,,.,..
;..-
.:...;
so
Y,
30
...
...
7 iS 5, 1G i i 12 13 14 i� 1G 17 111 19 20 ?. i 22 23
X = 1000 5q. Fet�t Occ. Gr. Leasaf,ie Area
Actual Dat poiw FitdCd Curve - - - -- Average Rite
Fitted Curve Equation: T= 2.631(X) + 2.926
R2 = 0.88
ri;.) (- jGo!10r•.'&C)irJ, J,_,nu;t)( 19,91 1329 IrelSti;ule of Tr,�ii,:,pert,�tiori ri;,,inecr:
STLNEN B. GAYLE
RD #1, Box 2313
Gilbertm ille, New York 13776
Professional Biographical Information
Employed by the Binghamton Metropolitan Transportation Study since; 1980, Director since 1985.
Educated at the University of Pennsylvania (B.A,), Ohio State University, and Syracuse University (Master of
Regional Planning.
Professional Activities:
• lnstiture of Transportation Engineers:
• International Board of Directors, 1993 -199
• International Policy Committee, Vice - Chairman, 1996 -1997
• Transportation Planners Council, rnentbcr 19904'X)7; I` :.xccutive Committee, 1997
• 'Transportation Safety Council, mernber 1994 -1997
• District 1 Vice- Chairman.
• A'ational Academy of SciencelTransportation Research Board
• Committee, on Transportation Planning Requirements for Small and Medium Sized Communities,
member 1990 -1997
• National Cooperative Highway Research Program: currentlyservinb on two national rescarch panels
north east
appraisals
6 MANAGEMENT CO IVC.
September 2, 1997
Mr. Mark Bell
116 North Street
Dryden, NY 13053
Dear Mr. Bell:
I am writing to offer my thoughts regarding your concern about the
potential impact that the reuse of the former Varna Firehouse will
have on nearby residential properties. it ie nay understanding that
the proposed use for this building is as an automobile repair facili-
ty. It has been my experience, in areas where a mixture of commercial
and residential development occur on primary roadways:,, that there is
no measurable impact on the value of residents -al properties. Dryden
Road (Route 366) is a heavily traveled roadway where numerous commer-
cial properties are nlready intermixed with residential properties.
It is my belief that development along Route 366 is in a state of
transition and it is likely that additional commercial development
will be seen in the future. There are many areas surrounding the City
of Ithaca on primary highways that have experienced similar commercial
development trends. In anv of these areas, there can be conflicting
property uses, but they are usually a result of mismanagement; or poor
maintenance. If the reuee of the Varna fire station as an automobile
repair shop is properly managed and'the property is maintained, I do
not believe that this would have an impact, on residential property
values significantly different than the property's prior use as a fire
station. On the other hand, if damaged vehicles and auto parts were
left to accumulate on the property, this would likely detract from
neighboring property values. The risk of this type of problem occur-
ring is inherent with not only commercial properties, but also resi-
dential properties which may not be maintained to a level compatible
with other properties in the area.
If you have any questionii or if I
please do not hesitate to contact
very truly yours,
can
provide
additional
assiotance,
me.
NORTH EAST APPRAISALS AND I %1ANAC;FM1i,'N4I' CO., INC.
-0'�' 7 G
1�enneth V.
Preoident
KVG /cad
Gardner II
Es ntv�l f'lo:)(I, �;u,t:r li,t�aca, NY 1 (1'50 l %07) �5i Cs071
.P
In regards to helping clarify requirements in Section 1303.2 part <b>, I have provided
the follmving:
Allowed uses:
1. Farming does exist to the rear of the community center's property, however, the nature of
our business will not generate any waste of byproducts that would interfere with farming.
2. Currently there are multiple types of housing in the immediate area, to the east are rental
properties, to the west is the community building. Across the street is owner occupied
housing and currently the fire department is in the location that I wish to use. I will have set
day time hours Monday through Friday, 7a.m. to 6 p.m. and Saturday's from 8a.m. until 1
P.m.. The fire department created traffic, noise , and commotion twenty-four hours a day
and meetings and training at night. I also feel that this will be a convenient service for the
community; easy pick -up and drop -off' of their cars, a wicker service that is not offered in
their area and a tax revenue that has not been in the community.
3. There is a community center to the west and a church to the east. Both have more nightly
activities than ones held during the day, which would be during our hours. I have openly
stated that if the center had a function that required more parking, I would relocate cars for
the day, if they would let me park outback. The churches and community centers also
generate noise, with bands and choirs, and the traffic generated should be compatible.
4. Not applicable
5. There are currently no parks or playgrounds in the immediate area. If the Varna Community
Association in the future constructs such an area, our operation could easily be hidden by the
installation of a fence.
6. Not applicable
7. There is currently a hair styling salon in front of the trailer park, from past experience as a
business, customers like the convenience. Leave their car and get their hair done while
waiting. I feel a benefit is their for both businesses.
8_ . I know of now home occupation in the immediate area for this reason I find no reasoning for
conflict.
940. The fire department has a storage building in
the rear
of the Varna
Community Association
property, I have agreed
to let them continue
to cross
the property
to get to it.
11. Not applicable
12. There are already mobile home parks that exist, distance will prevent any conflicts like noise
or traffic. I do feel that it will be helpful to the people in the trailer park to be able to drop off
their cars and walk home.
13. There are no banks in Varna, I feel that a bank in the location would generate more problems
with traffic.
I have received a letter from the Tompidw County Department of Planning stating that
W proposed'.will have tun significant deleterious impact On mtercommunity, COUntY, or State
interests."
I have contacted Al Barer for the estimated traffic that the fire department produces. he
calculated that an ,average would be 114 cars per week (gencrated by number of people per calls,
train.ing's, and stops per day by members). I also contacted Stcven Gayle, a transportation engineer,
he concluded that there will be minimal or no change in traffic count (includod in his re)ort).
Also our trade will be spread out over the course of a day, curmnt traffic was all at once when a
cal I would coma in and in an emergency manor,
fur utirrmt lecatian in Dryden is in a mixed rmic ntial area. ft have never had any
noise complaints from our neighbors,
rite nature of our business is regulated by the State cdNew York, in which the business
that is conducted will be inside of the building. By doing this, the health, safety and general welfare
of the oanununity will not be adversely affected.
Thank you for yvmu time, any further question, please don't hesitate to ask.
Mar Bell
i
•
61 Turkey Hill Rd.
Ithaca, NY 14850
August 28, 1997
Dear Dryden Town Board,
a
As "residents of the Varna area, %we would like to request that the
board not honor the request for a usage variance to Mark Bell concerning
the real estate on Rt. 366 attached to the Varna Community Center.
-We-feel strongly that the location of the old fire station in the
center of Varna is better suited for community oriented businesses that
do not require a variance. Varna already has three garage oriented
businesses in a two block area.
Sincerely,
A, J"
f�'cptLs��ber �, 1 997
"f�i�n )�orLrd of Dryden and 1-lci�ry Slater {coning officer)
Frond: Kenneth D. Finkelstein and Lois Pollack
944 Dryden Road
Ithaca, New York 14850
Memo awn: Public co3nmeni hi >r thil secollid 1.own board heeRring On a spQc cal pcm -nit for
Nlark Dell to operate a business at 945 Drydcn Road,
Dear M r S Iatt: r rand Honorable Members o f the.13oard,
Ie wouId like to preseilt comment on four topics relayed to you considerations on
the issuance of this special Perm It-
Firsy, about (he nkles set out in the town zoning la %v- We, and our next door
rkeibhbors, Jinn Skaley and Sauct Morgan colli ider the taulconie of this hearing important
enough io have employed Jim Miller EsCj- to represcn# our interests here tonight- We rL, %k
that you give him a chance Lo spe ;k on the specific requirements relatillig to issuance of
this perrklIt,
fn addition, w,e bring to y0LLr attenl.1on a sej :Ics of cotifllcts. which are broader then
tale specific requirements outlined in ,Section 1303; that exist for the properly in question
with respect to the stipuladons in article 803 and 804 of" die DI'strict Regulations for R
e rring, in particular, Article 4 Section 803 stalres that a lot must be at least 3 0,00 0 sq ft
with at least 125 feet of road frontage- This property is approximately 17,000 sq ft and
has only 96 feet of frontage- Further, Article 6 states that no i-nore furl 30% of the
proper(y grass area may be covered �'�kth a bulldIng wh1 (his property has at lC`8�t j0°0
coverage- Finally, in e0:1ok7 804, Article 3, 1_he property must be at Icast 15 Feet from the
property line. But this property is attached to the coilri 71unitY centers propertyl
Because the property was sold (for a dollar) by the V A to the VF C, and the
original intent was to jive the fiCi<]llell slaac� for their CgLE113n1e11L- TheSC conflicts
(presumabl}') were not considered relavellit, rafter all the firemen and the CA were olic
and ilher. sank folks! But 'low that the property is being considered I' a c�ornnjercial
venture, we ask that these details be taken into your considerations.
Our second point is on the I }OpLllar support which has. become manifest to keep
this property for the public good. I submit to you a petition signed by 100 residenis in the
inlmcdiRtC nci glib urhood of (lie: fircilouse property. 7'hese reNidenis (and voft rs) are
vehementl y opposed to the issiLaMC Of Lhe special permit to Mr 13e:ll for the 915 TDrydell
Read property.
In t- ldition a corc, group of 25 indiViclLlalk, (eve HI-C ltiaj)py' 10 giVC yoga llarljes upon
your rCC1LIeS() hacos been 1-necting at the VCA. in an effort to raise funds and plan out the
pui`cl-Lase and conversion of the firel'ouse i'01- other Pubki; uses. Close to $ 10,000 has been
pledged by indiVkkials toward the pru•chase of (Ills property by the CA- %'c plan to
convcrL LhQ space, initially ror r«e as a SJLC,` for after sc1-wo[ care of school (aged children,
i'hcrc 1 s a crcat need for (his 111 OIL CO Ill Ill LLnity, and the state of9New York % any to be a
I"nancial partner in devt�lophing such a program. Once aie property is purchase by the
V A.. State Rep, Marty Luster is willing to help us secure this iinancial help, f further
submit a Ietter from Thais W ay, director o I' the largest Day =C ar&S chool Age 1 -1 rograrns
in the: cc) unly, who endorses 0ILr el-fora.s and has voIunl.eer�,d to tact as on unpaid consultant
in our work,
Third, I have a Ii�tter i:rom my next. door iwighbor and the owner of a hone at 95
Duden. Road, fir- A mrn Dodnc. She has been away for a large poytion of llje summer and
could not attend the meeting tonight- But the too aA —s that you deny the special permit.
We the dome owners, across the su-eet from the property, are united in
our opposition t tl,c lSSLUICC Of the special permit, and arc in support of the ACA's
purchase,
Finally, we implore Uhe Town Board to consider the message they are Lending out
Co our community if they were to approve the special permit. We want our neighborhood
to be a place for our children to crow in safety and with the companionship of rather
children- We want to revitalize the Varna Community AsstocIation and to use its resources
to hall) develop a sense of place for the a-es1dents of our Hamlet. We want a playground
and a youth center for our kids and a beautiful meeting place for our golden aged
residents -
With due respect to Mr Bell's request, we do not want a commercial
estabIishme:nt ofany type, to be sur ieally placed al. the center of our community,
We a <ik the VFC to sign. the purchase agreement given to them by the, V A, and
to work together with us to c�li,ninaie d1visian among us.
�} Chlidccrre
f
epLemboT- , 1 997 Accredited by the
Nalional Aeadenly
To V4'llonl This ancerns: or f?ari. Childhood
Programs
T would like la void my Complete sLIpl)ort of Ken Finklesticn and others to iniLiwe all
ai'terschc�c�i prt�granl in tir�� {1, Afterschool programs are an essential invest111ent in Our
children'* future-
With schods endhig programs by 2:00 Or 3:00, children are icl-t on their own until their
parents and/or guardians return in the cveninep, This is acceptable. cc there are not
C11oi1r11 aftC1�C11001 pro �rarn N I[1 serve the 1.00s c children who nf,ed them,
A quLiIily
aftersc.hool
program provider, a sae
and pvacelul place, for children to sptrnd
11OLlrs
afLer
�Cho01 In ]�ccreaticnaI
activlC�es
and bullClll7 11 {'C ,w1�11Is. }� G0171rililril[y s1Ce Irl
arna
would
provide
an excellent site for such a pcoo am.
Please fee] free to call me w1ch any qucsC.ions or concerns,
in�.erely,
Thai 4; a Way
larlagirig DireC.L01-
579 Warren Road, Ithaca, N.Y 1 4850 (607) 257 0200
T
Scheme Programs: What are"
After School Programs such as vie provide at Northeast Elementary School are different Irom bath school and child
G211`8 programs for younger children- Our primary goals are recreation and skill building, and providing a sale and.
peaceful environment for the children. We emphasize mutual cooperation, consideration of Gathers and peaceful
coexislence. A safe acrd peaceful environment is created Through the carelul supervision of the staff, the
development of Separate areas oupprting a variely of activities including an area for blocks, a quiet reading area, a
gym where running can be enjoyed, as well as appropriate areas for board games, sports, art, and sclence projects -
This environment as a whole considers a child's full physical, cognitive, social, and emotional development-
Reoreatian includes supervised Iree iifne with a wide varioty of choices involving games, sports, art and Imagination -
Skill building is developed through organized spores chat arc coo pera #We and n o n -comp etil iVC r The emphasis is on
[earning to ptay, nol winning- Play is an essential efemenl in a high quality school age program, The National
Assvaialion of Elementary Schaal Principals in its "Standards for Quality Programs for Young Children" has stated:
"Spontaneous play, eitber alone or wills other children, is a natural way for young children to learn to deal with one
another and to undcrsland Their environment; play should be valued and included in the program plan."
A high quality program depends upon a prof oaaianaI siafi and informed and involved parents- The Day Care and
Child Development Council supports the development of professional' School Age staff through the School Age
Program Directors' Meetings, extensive trainingr,, and a wide variety oI resources. Kann Coleman, Child
Development Specialist! Pre - School and AfterschooI Programs, of the Day Care and Child Development Council is
available to advise and support staff and pa rents,
Parents are kepi informed through a variety of media including news[eRers, bulletins, and daily convorsalions,
Participation is Qncouraged in a variety of ways, All programs guarantee unlimited access to parents, Parenis ale
aI ways welcome- Many programs have Parent Advisory Groups or Boards.
Specific Goals for a Quality Program
The goal is to create a program emphasizing recreation, skill building, and providing a safe and peaceful
environment. Children pre encouraged lc grow emotionally, socially, cognitively, and physically, We carefully design
our environments to encourage and support appropriate behavior and growth. Planning for activities and staffing is
based on the diveme interests and needs of the children. We plan far activities that are exciting, interesling, provide
choices, build skills, and reflect the physical, social, cognitive, and emotional needs of the children in our program -
The ways in which we address each of these areas are cutlincd below,
Emotional: The school age program is relaxed and informal, to complement the long d2y the children have alroady
put in a[ school, The teachers work as a team to provide multi -age and multi - cultural experiences far small and large
groups- They oI #en have opportunities to inierocl individually with children.
Social: The children have opportunities to play and work with children in their own age group as well as children of
other ages_ Older children can modal behavior, skills and learning processes lo younger children, Younger children
provide older children with an opportunity to share what they have learned and to develop a sense of caring -
Teachers nnurture a feeling of respect for one's self and for others, They work with children on conflict resolution,
encouraging children to use their words to express their feelings,
Cognitive: Activities are designed to fosler self - confidence while working with various arl media, arks & crafts
materials, and creating science experiments. Areas are designated for dramatic play, blacks, table games, and small
construction. Emphasfs is on the process, not the product.
Physical: Children have the use of the gyre and outdoor play areas, Large motor skills continue to develop as
Children climb, run, swing and practice ball skills- Indoors, activity areas are planned to provide opportunities to use
and develop srnalf rho #or Mills, Skill building is an imporlant part of this process as the children develop more
sophisticalod coordination and skills,
A quality school age program is built on the premise I h a t aJl of life is learning and learning can be Iun, Leaming does
not slap when school lets out but fs present in every experience, Children feel safe in a caring environment which
provides opportunities to mako Gboicos, develop independence, accept responsibility, and nurture relationships,
Group Sige_and Staffing
A typical program enrolls 63 children pQr day and staffs the progra,rn witty 1 Director, 1 Lead Couns0lof, and 5
Counselors, The staff work 3s a team to coo rid inale all achoal age programming- The staff exchange information
with parents at regular Intervals to keep everyone apprised of how and whal the children are doing-
Section 753. Density and Area Rectuirements.
1, One- family dwellings, a two - family dw6ling provided
that the second dwelling unit shall not exceed 50 of
the floor area excluding the basement of the primary
dwelling unit, except where the second dwelling unit is
cork9rictcd entirely within the basement area it may
exceed 5Wo. Lot area shall be at least 30,000 square
f4ct with at least 125 feet of street frontage,
2. All other allowed uses; Lot area shall be at least 305000
square feet with at least 125 feet of street frontage_
3. In xrCas in R —B -1 zones where public sewer and
water are installud, 4hc minimum lot size for the initial
dwO1ing unit can be, 20,000 square feet, with at least
100 feet of street frontage.
4. No more that 15% of the gross area of any lot may be
covered by buildings or no snore than 30% with public
water and sewerage facili[ic9 lost ;~lied,
Section 754_ Yards and Landscaping.
Front yards; 1111 buildings shall be at least 70 feet from
the road center line. On corner lots the designated side
yard fronting on the road may be reduced by 25%,
ARTICLF V111, DISTRICT REGULATIONS: R-
ZONE �!
Section 800. The intent and purpose of the R -C Zone and
the following regulations is to identify and establish areas
where farming is one of the principal economic activities,
where residential and other development should--bc cumpat-
iblc with farrn use, and where rural residential development
on large lots may be necessary to keep densities law in
areas where public scvwcr facilities arc unlikely, to limit
dcvcloprncnt in those areas having Steep topography or a
high water tahle which interferes with the profiler operation
of sub -soil sewage disposal facilities, and to establish uses
compatible with existing dcvclopmtnt_
Section 801. Allowed Uses.
I_ f=arming, farm buildings, gardening, nurseries and
greenhouses and the keeping or raising of Iivcstock and
poultry.
2. One- family, two - family, and multi- family dwellings,
and tourist homes, (Scc Section 1604).
3_ Educational buildings, community buildings, churches,
urncicrics and si milar semi - public structures and uses,
(See Section 1604).
4. Village, town, county, state and Federal buildings.
2. Side and rear yards: All buildings fhall be at least 15 5, Parks, playgrounds, golf courses, reerea[ inn areas rind
feet from such side property line and 25 feet from the clubs_
rear property line,
3, All otlker 6. Such buildings as hospitals, clinics, nursing or con-
All parking space shall be at least 15 feet from any lot Section 1644),
line,
4. All lots shall he kept free of vehicles which are
unrCgistered, or abated or)U1 or inoperable, and shall be
kept free of trash, rubbish or j urkke. For the purposes of
this subdivision oite (1) vehicle which is unregistered
but nperable shall bt pci'mirtctir yin inspection certif-
ic,ite less tltitrn one (1) year old by an inEpector licensed
by tltic New York State Department of Motor Vehicles
shall be prima facic proof of the vehicle being nperable.
For vehicles whith do not have such an inspection
certificaW the owner may certify, under the penalty of
perjury, that surlyhicle i5 operablc, An owners
certification shall not be entitled to prima facic status
as to the vehicle being operable,
Section 755. Requiremenn.
I. Signs (See Articic XV)_
2_ 00 strut parking (See Aj cle X1V).
842. Uses Allowed by Special
Permit Conti-nued.
$. lDwclIing units for more than [hrtc unrelated persons,
Or(Ste Definitions: LLD Arelling Unit "_)
Mobilc home parks provided they arc served by bath
municipal water and municipal sewer.
10. Boarding h0usc5, tourist Iionles and bed and breakfasts
c St. abIislin3ents_
7. Professional offices or studios,
8_ borne occupation,
9. Private garage.
10. Accessory fail buIId1rk
II_ koadsidc stands for the Sale and display of farm
products provided tl7 ;wt any such stand slkal I be at least
50 feet from the road center lint,
12. Mobile homes on individual Jots.
13. l3Mks or sii�yilar financial institutions.
Section 802, Uses Allowed by Special Perinit,
(Subject to applicable provisions of Article X111).
Retail business establishmentsk+Jtiich arc clearly of a
neighborhood or local service nature? SLICIE as, but not
limited to, grocery stores, eating send drinking places,
drug StUrtw, la!3rber ;end beauty shops, shoe repair
shops, Laundromats, and dry cleaning planCS-
y, 2. Giasolincstations and cQLJJitterfialgaragc11
a
3. Motcls
3
4. L.uml }c r, "'oocl, coal and other s3rnll tr siorUgc yards.
S. SaIVagc0rjiiiik yard s,
6. PIannedD (lIrQlopments(sttDcfirlit it) ns).
7. La b0ratories and Inst nI[:ltL{)Ils for research aad dcvclop-
rnCnt,
ARTICLE X1 H, SPECIAL 11EvRMITS
Section 1300. General Requirements. Uses by Special
Permit, whcrc6 provided, shall be subject to t11e requirements
of this Section in addition to the requirements of the
zoning district whcrcin located, to prevent conflict with or
,dlWir of the principal uses thereof_ SrLCh uses shall be
Ved to possess characteristies•,oi.such unique form to
that each shall be considered as an individual
case. The Town Board reserves to itself the right to
consider and decide whether A ,Special Permit shall be
issued in each individual ease_
Section 1301, ] xistiotig Uses_ Uses existing at the tin]C of
adoption of this Ordim nce and failing With ill the Cutegory
of "Uses Allowed by Special Permit" may continue indef-
inite[y, except as otherwise noted in this Article, but shall
not be enlarged or expanded until a eeI Permit has
been issued, (See Section 1701 )_ In such cases where
enlargement or expansion is proposed, a Special Permit,
will be issued only if the supplcTnental regulations and
conditiduns of this Article have been complied with or a
variancY has been granted by the Zoning Baa-rd. of AppeaIs,
Section 1302. Public Hearing. Before acting on any request
for a Special Permit the Town Board shall hold a public
hearing in accordance with the requirements of Section
1902 of this Ordinance,
eclian
1303, Specific Requirements.
I_ Written application shall be madc via the Zoning
Enforcement Officer to the Town Board and shall
include
the following:
{a)
Name of applicant and owner of the premises.
(b)
Ltgaiiy recorded description of premises.
(c)
Description of proposed usc, including parking
facilities if required,
(d)
A legible sketch drawn to an approximate scale
showing size of building or structure and location
Oil frrerrLiscs. i
(e)
Sewage disposal and Water stLpply facLl]tics existent
or proposed, together with Tnmpkins County
Health Department certification_
{f}
Usc of premises on adjacent properties,
(g)
A statcmcnt by vpplicant appraising the effect of
]proposed rise on adjacent properties and dGVelop-
mcni of the 11cighborhood,
(h)
The fce for a spf=A permit shill he as set forth in
Article XXIV_
2. 1n
reaching a determination, the Town Board shall
consider the following:
(a)
Whether Section 1303.1 requLreinents have been
InCt.
(b) WhetlLer the location, the usc, and tine nature and
inkasity of operation will be in conflict with the
aI10Wed rises ) f the none or ri6ghb4r114od.
{c) Whether (lie use will be Lttore objectionable or
depreciating to adjacent and nearby properties (by
reason of traffic, noise, vibnotipn, dust, funics,
smoke, odor, fire, hazard, glare, flashing liglits or
disposal of wasie fir sewagL;) than tic operation of
the ailowcd uses of the zone_
(d Whell)cr the usc will discourage or hinder the
appropriate devclopmciyt a Ild ti se of adjacent prop -
crtics or neighh(i r11ood.
le} Whether a non - residential rise adjace11111. to an
CXistiiLg residential uSL: shall be screened by a
landscaped buffet, strip or suiui ble fenei,119.
{f) Whr,11ker health, safety ;Lod gcncral. welfare of the
coni munity in ay be adversely ELffccted.
I'ct.r J. Walsh
.q,%! I v T. Tn;c
?a
R. wes Miller
John Moss I-linchclilt
1:1 -jin Salerno Flash
kdx. mna Mayer
Gcia-ge R. Pfarur, Jr.
I eivid A. Tyler
IiilarvT. Fraser
C�alhia D. Bend
rracv \litrano
Town of Dryden
Board Members
65 Last Main Street
Dryden, New York 13053
TRUE, WALSH & MILLER, LLP
Attorneys at Law
The Co1ru» ims
101 North Tioga street, Seventh Floor
Ithaca, Neal York 14850
Re: Special Permit Application by Mark Bell
Dear Members of the Town Board:
Of Counscl
Fret) Weinstein
Cc 11aam-c E. Cuok
Stephen Yole•l.Axrhr
Roger 13. Sovocool
Arthur A. Gaxlell
'telephone: (607) 2734201)
Telecopier: (607)272 -6694
E-mail: twnr@itwmlaw,com
"'WW: httP:hwww.twnrlautcorlt+
September 5, 1997
At your specific request, 1 am setting down in writing the substance of my verbal comments
at the public hearing this past Tuesday, September 2, 1997. Since the meeting, I have had the
opportunity to review the application of Mr. Bell and in accordance with the Board's determination
to allow comments until Monday, September 8, 1997,1 am supplementing my verbal comments with
some additional information that I wish to bring to the attention of the Board.
The Varna Volunteer Fire Department is located in a R -C Zone. Section 800 of the Selected
Ordinances and Local Laws of the Town of Dryden state the following:
"The intent and purpose of the R -C Zone and the following
regulations is to identify and establish areas where farming is one of
the principle economic activities, and where residential and other
development should be compatible with farm use."
The R -C Zone is governed by certain density and area requirements as well as parking and
side yard set back requirements found in Sections 803 and 804. As they relate to this.property, the
Following requirements exist:
0 (Section 803(41 . Lot area shall be at least 30,000 square Feet with at least 125 feet of street Frontage,
0 .
2, All buildings shall be at least 15 feet from each side property line and 25 feel from
the rear property line. (Section 804(2)),
3. All parking space shall be at least 15 feet from any lot line. (Section 804(3)).
The lot occupied by the Varna Fire Department is a nonconforming tat, However, since its
use was'estabI Ushed prior to the requirements outlined above, the present use, as a fire department,
is allowed. In particular, the lot is nonconforming in the following planner.
1. There is only 92 feet of Frontage along the highway right of way line.
2. The square footage of the lot not including New York-State Route 366 is only
1 1,477 square feet. (Even including that portion which extends to the center line of the highway, the
lot is only 13,863 square feet).
I.
Mr_ Bell has applied for a Special Permit so that he can operate "an automotive repair
46 facility and related associated uses, including a light duty towing service and auto vehicle sales ".
commercial image maybe allowed to a R -lam Zone by Special Perrnrt_ The Dryden
-town Ordinance defines a commercial garage as "an enclosed building used as a business for the
ijidoor storage or repair of motor vehicles including painting and the sale of parts and accessories,
A junkyard or auto salvage yard is not to be construed as a garage_"
Under the definitiorn of a commercial garage, one may not be involved in the sale of auto
vehicles, only the We of parts and accessories_ Accordingly, Mr. Bell is asking; for a Special Permit
to do something that is not even allowed by Special Permit, For this reason alone, his application
should be denied.
J1.
Under the general provisions of the Zoning Law, Section 500 (1 states as Follows'
"No land or building shall hereafter be used or occupied and
no building or part thercofshall hereafter be enlarged or its use altered
unless such action is in conformance with all the regulations specified
for the zone in which said action occurs and any special regulations
pertinent thereto."
This section is modified, only in part, by section 1601 which states in pertinent part as follows;
0
"Any parcel of land with an area or width less than prescribed
for a lot in the district which such lot is situated may be used as a lot
for any purpose permitted in the district, if any such parcel was under
one ownership or record,. I-- provided that there shall be cornphance
with all other regulations prescribed for the district by this
Ordinance."
Thin, a nonconforming lot may have its use changed provided that its only deficiencies are
area and width. In this ease, not oilly is the parcel deficient in its area and width requirements (which
ca17 be excused by Section 1601) but it is also deficient in its side yard and rear yard set backs_
Accordingly, for this reason alone also, the application of Mr. Bell must be denied.
per.
Section 1701 states in pertinent part as follows:
"o Special Permit.... shall be granted by the 'Town Board or
the Zoning Board of appeals unless the regulations of the ordinance,
other than allowed uses (le. density, yards, parking, etc.) ror the
district in which said nonconforming use is located, can be
substantially applied with."
In order to grant this special permit, the Board must find that Mr. Bell can substantially
comply with the regulations of an R�C Zone. it is respectfully suggested that under no circumstances
can he substantially comply with the following regulations'
I- Lot Size; The lot size not including the highway is 11,477 feet or 3 °a of the
required 30,000 square feet. (Even including the square footage located within the New Fork State
higlrwa}� the total lot would only be 13,863 square feet or 46% of the required siZe).
_ Road From: The road frontage of 92 feet is only 74 % of the required 125 feet
()J`road frontage.
3. Side lard Set Back Re The westerly property line abuts the adjoining
pre ;perry and cannot be said to be substantially in compliance with the fifteen foot set back
requirement,
4, bear bard Set Back; The rear of the building is 5.9 feet from the rear of the
pj•rrperty which is only 24% of the required 25 foot set back requirement.
S, Parking; No parking is allowed within 15 feet of the side yards_ Accordingly, the
diagram submitted by r, Bell should be disregarded in its entirety_ Attached to this letter is a
diagram correctly showing the area that can be used as parking. There are only six parking spaces
a ,ailal]1e_ It was my understanding that Mr_ Slater has determined that 7 spaces are required. Of
3
c- oLlrSe) if Mr, BelI were allowed to keep up to ten cars for sale, there would be no parking,
Unless the Board makes a specific finding that this parcel substantially complies with the
d0iQlencies outlined above, a special permit cannot be issued. [t is respectfully submitted that there
is no reasonable interpretation under which this Board can find that the above deficiencies
uhstantially comply with the requirements of an R-C Zone and for this reason alone this application
111Lkst be denied_
M
Finally, before the Town Board can issue a Special Permit the Doard is required to consider
irie factors outlined in section 1303( ).
1. The Location, use. nature and intensity of the operation is in conflict with the
allowed uses of the zone and net borhood_ The board is required to consider the entire zone not just
r s 54DO foot radius from the subject property. As se# forth in sec #ion 5 0, this is pninariI a farming
Regardless of what was located in this zone at the time of the enactment of#lie zoning law, this
is.not a commercial zone_ This property is located directly across the street from owner occupied
holries, and has on one side a residential unit and on the other a community center, A commercial
ciarage is clearly is in conflict with its immediate neighbors and wilth this R- C zone,
2. The use is more objectionable to adjacent and near -by pipperties than the operation
of> he fire department. The many neighbors who spoke against this application at. the public hearing
and the letter submitted in oppositlon and the pet Ition submitted in opposition all speak to the public
objection to this application.
3. The use of the aronertv_as a commercial uarage will discourage and hinder the
t�p?propriaidevelopntent and use of adjacent properties. The Varna Community Center wishes to
purchase this property. The granting of a special permit will eiTlectively preclude the fu #ure
development of the Varna Community Center, Again, the many comments made at the public hearinng
tes.ify to the inappropriateness of having a commercial garage located next to a community center
n0+ to mention surrounding residential properties,
4. A non residential use adjacent to a existing residential use shall be screened by
]� Indscaipe buffer zone or suitable fencing. There has been no provision made by lair. Bell in his
aJ)pGcation to satisfy this requirement.
5. The heal #h. safety and general welfare of the community may be adversely aff'ectW
%.Jeariy the general welfare of the convnunity would be better served by having this property become
part of the community center as opposed to a commercial garage_
For all of the above, it is respectfully submitted that Mr. Bell has failed to satisfy the
roll i1itrements of eetion 1303 and accordingly the application must be denied.
4
:RJmcdb
e71clasure
c.c. Ken Finkelstein
5
Very truly yours,
R., James NI r
k
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1
August 18, 1997
Ms. Susan Lloyd
Town Clerk
65 E. Main Street
Dryden, N.Y. 13053
ATTENTION: Mr. James Shug and Town Board Members
I am writing
anyone
was
that Mr.
to
you
as a resident
purchase
of
the fire
Varna
to store
(24
years)
tow trucks
so he
and a
member
of
them
the
Varna
for calls
Community
Ithaca. On
I became very
only store
Association.
12,
concerned
tow trucks,
when I
when I
but
sat
heard
was
I
have
attended
board
intended
sell
all meetings at the Varna Community Association except the two
special ones of which one was attended by Mr. Bell so he himself
could express his itentions for the fire house. We had appointed
a committee of three to sit in on these two special meetings and
then they were to report back to the full board. All I ever
heard from
anyone
was
that Mr.
Bell
wanted to
purchase
the fire
house
to store
his
tow trucks
so he
would
have
them
closer
for calls
in
Ithaca. On
I became very
only store
August
his
12,
concerned
tow trucks,
when I
when I
but
sat
heard
was
in
also
at
that
the town
Mr. Bell
going to
board
intended
sell
meeting,
cars
to not
and have
a
car
- repair
shop.
Mr. Shug, the only way we keep the Association going is by
fund raisers. I truly can not envision a car - repair shop
being compatible with our use of the Center. In less than a
mile we would have four car - repair shops. At a meeting on
Friday, the 15th, we found there were many residents who are
very concerned by this possible sale. As residents we would
like to see the adjoining building be used for a non - profit
business. We honestly feel another car - repair shop is going
to bring our hamlet down to a strip which would compare to
the Elmira Road. It is all right for the Elmira Road, but
here in Varna many of us moved here because we thought it
was a quiet residential area.
After reading the "Sel
Town of Dryden - 1988,
attention to "Section
believe Article 2:b,c
believe our home value
become just car strip,
community will worsen.
ected Ordinances and Local Laws of the
" I would like to direct your
1303. Specific Requirements." I
and f all relate to our concerns. We
s will deteriorate, our hamlet will
and the general welfare of our little
As a resident of Varna, I implore you to not let a
profit - making business come into our fire house. we need a
business that will be compatible to the Varna Association
and our little hamlet in general.
Thank you for considering
residents h@rP in varnn
Sincerely yours,
my concerns and those of many
Alice Humerez
904 Dryden Rd.
Ithaca, N.Y. 14850
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September 5, 1997
Town of Dryden
65 E, Main Street
Dryden NY 13053
Dear Sirs
2333 North Triphammer Road, Ithaca, New York 14850
Telephone:
J607) 257,0£00 /
FAX:
I607j 257 -1423
Internet: www,aedelman.com
/ F -maik
audreybaedelman.corn
I am writing to offer my thoughts as a residential Realtor regarding the concern of
Varna residents over the commercial use of the former Varna Firehouse. It is my
understanding, that the proposed use for this building is as an autonobile repair
facility,
I sell properties in this neighborhood. I am very familiar with the sale and resale of
properties here. The mixed commercial use of this area has already been a deterrent
® to the sale of residential properties. Its greatest impact is on the properties in the
closest proximity to the commercial properties i.e. directly adjoining or across the street
from the commercial property. In addition, the commercial type is also important.
Businesses that generate high traffic, noise, visible storage of unsightly materials and
chemicals that could adversely impact the environment will have the most damaging
impact. The commercial use as a auto repair shop is likely to be one of the most
damaging commercial but not industrial uses of the property.
I am a major proponent of economic development in our area. However, I think that
there should be community awareness of the value of Varna as a residential area.
It has great proximity to Cornell University, some lovely and distinctive homes that
have been renovated and a naturally beautiful setting adjoining Fall Creek and the
Forest Home historic neighborhood area. The town in past cases has been committed
to maintaining open spaces and parks near residential areas, for example the
development of The Park at Peregrine Hollow neighborhood,
® We open
111016C cloors.
Arid close
more sales.
0 Page 2 - -- Letter to Town of Dryden
The Town of Dryden must carefully decide their direction and future plan for
community development in this area. Micro - neighborhoods can provide a great buffer
zone for commercial areas and indeed enhance patronage of businesses. However, if
these neighborhoods are diminished too far, they can easily be destroyed to the point
that they can no longer continue. The Town decision is certain to impact the future of
many homeowners, their families as well as business owners. I hope that Dryden
appreciates itself as a community of rising not deteriorating value.
Beth Carlson Ganem
Broker Associate
AUDREY EDELMAN 6 ASSOCIATES REAL ESTATE
2- -333 N. Triphammer Road, Ithaca, New York 14850, 1'el: {6071 257 -0800 / FAX: (607J 257 -1423
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RECEIVED
SEP - 4 1997
DRYDEN TOWN SUPERVISOR
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TOMPKLN'S COUNTY
MUNICIPAL OFFICIALS AS.VOCIATION
- STRENGTHENING HOME GOVERNMENT -
President • Dun FUrber Via= Presidari - .tames P. Sdiug Treaisura - Nanne McFall
September 3, 1997
To: Town Supervisors
Village Mayors
Town Clerks
Village Clerks
From: President Don Barber
Retut ■
Keep or Toss ■
Re: TCMOA Meeting
This notice is being faxed when possible. Please be sure all
elected and appointed persons are notified!
A meeting of the Tompkins County Municipal Officials Association is
scheduled for Tuesday, September 23, 1997. We have included a copy of the
Bylaws, which we will adopt at this meeting. Also included is a survey from
Cornell Cooperative, which needs to be returned as soon as possible. Please be sure
all interested persons are informed of this meeting and survey.
Dinner NNIIl be served at 6:00 p.m. at the McLean Fire Station with the
meeting to follow. The meal selection is ham & roast beef, mashed potatoes,
vegetable and apple pie. The cost of each meal is $10.00. Please call Treasurer
Dianne McFall at $44 4619 indicating the number of people in your party no later
than September 15`h
Agenda
• Adopt the Bylaws
• T. C. Economic Development Strategy — Martha Armstrong of TCAD
• Municipalities participation in work Fare Program — Tim Joseph
• Discuss process for assessing fees for T. C. Services (i.e. tax bills) — Mike Lane
• Discuss survey — Paul Bonaparte - Krogh
/m
cc: Martha Armstrong
Tim Joseph
Mike Lane
Paul Bonaparte -Krogh
Mayor Alan Cohen
.ry
OTT. UNDERLINES J ADDITIONS R CHANGES, ( ) ARE DELETIONS
o ypk ' 'ounty Af nlcly fficlaCs Association
y1a.uws
Amended September 23,199
ArtiL:le 1. lame
The naive otthis afssocia[ion shall be the Tontpkiw; COU11( %r Mullicippl OffLL:i,il'sAmoxiation, hereir69f3er rererred to
as "55ociation ". -
Articic2_ Pumose
The purpose ofthi9 A6504i;jtion is to operate and maintain art asgoeintion of the elected and appoiLlted officio is of the
101% -11S and villages ]ocared iit Tornpkrins CoLrnly, St;jtc orNew York, rar the purpose of advaming the interacts or the
rttemb�x arCLcirak and their reslrcctivc tomms ;and villages, Lo proinate thE, �;{41t ngior information, insights and
methods or nrILriieipiI opemt ions , to NO Cf C00IM'404i01L 17Ct %1'CCn municipalities and to rerrresent tale interests of the
meml�er towns and villages berorc 11tc public and before other levels oFgo %'C17Lw(;n1_
Article 3. Merntxrshi Dues Votkig & Mis4e]IliLneotls
Section ]_ The r1 w'ns ,nd Vi11a RCL9 located 'n Tom kids County are eligible rot mcmbcrshiV with all nsla] dt,cs of
$24.Q0 a alxlc in lunuan ofeaclry k�rrr.
Anxr,cledcdorappoinjeAl oflirivf of thoca meprl)cr town% or yiil,i es may
attclr4 Malin s 0Fthe ssoc;Ja( ion . Lj
5cc1ion 2. EX;,1L mcrobor inur}ici>')rility in good standing shall be n iticd to one }rote at a] I moclings of (lie
Association.
SeetintL tbruc_
Qtherg ]rLriv be invited to peirt ici
wale on a
rc ular or
An ds-
needed
basis They
mn y include h11i arc
not limited
to!
C',it y of fthaca
ILWrk pkins Coll lit %
Cnf n2AL
t.Jnivcrsity_
CorrteEl
Coupera
tive EZqegis
ion.
Article 4. Oflicars
Section I_ '1'h12 eleltivc officers oft �Sl tj a Y Lr 0-3 rc
he ASSecitrtion shall he a ]�r vice President, and (secretr
se J L_rtcd from Iiwms and viIl;r 11CLR or tltc A tia,j�rtion j enod filsmiEin .
5ectian 2. T : presiderll shall calk aml conduct w(let iii es of the - A3Xctution and SheiII earn' ouI the policy and
Programs 0F1llc AsgodNIion.
Section 3. 7'hc vicC prc;idcrli shall a hS1s1 t[ac ]Iresidc, ,t and in Lhc absence of Ll1C presidCnt, ;issunic Ilse dI ItiL:s of IItc
prLL,hL!iu aad ei i iry out ;iich duties :s Jirwcd by the pi- Gside311, k}o,ird artiircuors, oil :lssociatigrl.
P
Section � . -111C'fa+eOsurer shalt rcccive the dues and disburse the funds of1lfc A=s ciation in accordance with the
bvlvw's and the directives oi'thc Board of Directors or the Assmiatiori.
Section 3. Officers will bo sclectod f3rom tomms and villoges oFthe Association in goad slrrndillg.
Section 6. There shall cKis# a Board of Directm, selected by the Membership and consisting of four persons Cram
tomms and viIlagcs of the Association in pod standing. The Directors shall fill the position of president, vice
prosidei7t7 and/or trea surer if vacated t9Q fore the expinL60n of the term of &Flid officer. The ])hooters shall assist the
president in forniulating the programs and policies of the Association_ The Directors shall n=inatc mndidaies for
the anriuul cicction of of ]ULLTs.
SC0JOTL T Th-C DimOors and officers shall meet and formulate the prouams and 1)01iS:iCs of #lfe Ass ciat ion.
Article 5. �itnds
A] I funds of the Association sltiaII be deposited in the namt ofthtAssociawtian fmd shalt be disbursw b}'Qe
Tmrtsurer for the benefit Lind to meet the ob]ieatians Of 1.11C Association.
!uncle b. lvtections
Scotian I.
Officers
of the
Dissociation shaft be elected at the
annual
meeting
of the
Associ ation,
%vMch shall be held
(_..)du ring
the first
ingei 'ir
il ofeact ea C. Olf}' ir ci (}
muncl?litie3
ill
good
A
Sl�t7t5 ria}
;{#e,
Section 2. The Hoard of'Dircetors shall uoillinrrtC of ]clst We persaIt for eaarlt OG;.c, NorajWltiuns max. also be made
frum the floor at the g7rmonI mooting of the Association. A Amon appointed to fill a vacaare }' m the pestttoat of
Presideait, vice president or treasurer shall be deemed in nomination unless tlttrLY d x; nc such nomination_
Sectitm i.
The tcnit for atJ
A$SOL]�t]Un
Oflioers shall be one your. No efl-tecr, with the exception of the treasumr.
shall hold
the same Office
for more than
nvo terms comiecu#ively,
Section d. Terms of of vxrs shalt begin immediately upon eleetion,
Article } Mo& nos
Section 1. ThQ annual McClurg Of the Association shall be held -(in Jailuorv) Burins the first, mecting ofeaeh year at a
time delerminod by the President or, in the abscnee or such determination, by the Board of Directors.
Section 2. Other meetings of the Asstrciatiort Jr3 @iY be Cal]cd +pith at ]east fine d,iys notice h}' the Pi'csidCnt, Vicc-
Presidcnt, or $cant of Directors,
Saretiotr 3_ Tlrc jimsencc or at least 30 percent nF tlrc n1Cmb4r(5) MILL1 w�li�i� 4 in food standiill: SILO II cunstitUM a
quorum at ally mcctine of Life association, A copy o F a WTittcrt icsoliItion of 9 tomm 01' viilnec bovrd, rcprescr3lia7V a
muorieijra] mcml,cr in good standijrL, dial] constitute pre ;ence aF the toaTa Jr viltag if it is not olhcnvisc
reps escalLA.
0 Seetion4, Notice ofUle time and place of every amatingof the Assaxiation shall be given nol less than €`iwc days
before the
E71celing. Such nolicc shall
bc scit# to ilia Supervisors and Mayors and to the Town and
Village Clcrki'in
Tompkins
County and may he sent to
other individuals.
Ailke �; AlncridinNLts
"These by -laws may b( amLmded at any meeting of Lhc Association upon an aiiuinativc vole of al least 60 percent of
the mcmlxr(s) municipalities for goad standing, ln-ovided that the airteridmenE %vas strbir lied to the Association ELL to
pmvious TI)Wing or WrLIS included in the notice of the meeting given at least five days he Fore [he nieetirig at which
the vote is to take place,
Ir
ese>n.din - Please copy and distribute this su.rvey to all town and
vrLiage board members and clerks and others who gre interested
uwdpal officials. Thank you for you help
Dear Town and Village 0fficia1 5_
tworn�ll ooperative Extension of Tom pkios County (CCETC) and th,� Tompkins otinty Murdripai
Officers Association(TC OA) need your help wkh our planrtna for the text 2 years of programming,
Your input k very jmportattt to help plan xssOui meetings and educatiotjaL programs. Please take a
moment and fill otix ihe. suvvcy be]cw and return it by Sena .20 1997 to CCETC 616 Willow AVCr
Ithaca, NY .14890 Thank you for 3Laur be? 13
sincerely
Paul Bonaparte -Krogh
Dan IIa.rk►er
t_ VIM issues would you like to discuss with other tov.-o and v01age oft'icinls?
2. ghat issues of ToArr Cuunty relations could be improved'?
3. .'hat. topics would you most life to discuss or Iw ammo re about to help vau do a better job ilL }0011 r
elected role?
4. After reading the purpose of dw TCM0A i i the By Laws, which area or areas do you Think is {arc} the
most impotnc puxpose(s) for the TCMOA?
5. lda a YOU in tl,e past 5 gears dome any of the 101 [ow in
Anfidcd a T MOA nle6wt. tg
___ part.icip,3te in &iteIIire dowl lb�k (raining %virb Cooperative Fxtcosion
A! €end a newl }' eleeled o[tirial trahting
_Read a ncwsIetzer for the R+.rat A]Iiion lni I iatj %1e
Attend a lworkshof of forum on at thr iocat or siaae ]e %1cl 'intended for elected official trainirg
If N "Cs [o .;n)r o` the. Pbova c,.u7 say 3vhrt you rcmemNi- to be the mast useful aspects of tltiose
pro�fa�ns ,
6. flow would rate thest factors as btirricrs to your pa eticipation is meetings or workshops 1 being major
baxriez to 5 aot so much of a prob]M
Time available to paricipate,
Cast
latexest iri topics
-- Location
Timef day
Other
7. When is die best time to do ncwly ciccued officials Irainin '$ {i.O right after elcctidg or a few months
into the, job?)
8. If yoo V:crt to amt nd a m':6Ag or workshop what d�L y of the week and time of day would be. befit for
Your
9. How would you rate he folLowLug methods gettiing irifortuatioo; 1 Mog c xc rJ Ir-ni method to 5 being
poor
• ?�icwsletter
• �1�cu�sprape�
• �TCMOA meetings
• _Evening workshop wish presenter or p ;mel
■ _ atclhic dawoli Jk prograru5
_Video tape Ilan
• able TV progra m
_Use of the World Wide Web
■ _informal breakfa5( goi togeUierS
* other
10, How important are meetiPgs trhh tt bung people togohetT from differernt towns andlor from different
counties?
11, Any ideas fdr meeting structure to r.f;ectively exchaoge infi rnDation, as [c yuestione, learn if Others
have axe same yitstion and how they respaodl?
12.. ArU thcrc areas of intermiux.icipai.l cooperation and yr coosolKtion that you think need [o hc. pursued
more actively'?
l3. Otirwr corn.nerts?
YIA9 -;AS To C { =GTC, 615 VFIT.oLOW AVE- IT'HAC A NW 14,50 7'BANK VOUI
TOWN OF DR D N
0F11, CE OF THE SUPERVISOR
65 EAST MAID' STREET
DRYDEN, NEWYORK 13053 -9505
FAX 607 -844 -9599 } MAl fr dr5'dcnt a lighflink.com TEL 607 -Mm8619
September 4, 1997
To: Mahlon Peekins
From:.lim
Re. Towin
f
ng — 912197
• Special Permit continuation hearing — Bell's Auto
After (lie nearing, we set Monday, September 290` at 7.00 panm for a special board ruocting
to complete our frndings concerning the special perinit. We have allowed information to be
accepted at ttre Town Hall through 5:00 p.111. on Monday, September S'". The attorney for
the Varna Community Center had a lot to say concerning our review.
Susanne has promised to complete draft minutes on the bearing by September 11th,
One copy will be sent to me while on vacation, to you, Henry and the Town Board at the
same time. Any comments or clianges to the draft cop} should be called into Susanne: so
they can be niade. A completed set of those hearing minutes should be available by
September Te or 19".
You will receive copies of anything received here at the Town Hall, whether to Henry's
officc, Susanne' office or my ofl`ice. This material will be copied and distributed to you and
the board and Henry so there will be time to review all the material presented and be
prepared for the Septern her 29 "' rnecting.
* Snyder Till Road — Peregrine Partners
We accepted the road improvements and planting at the front of the roads at the meeting.
We have indicated that the check to Peregrine Partners would be available by 2.00 p.m. on
Rlonday, September 8h. The original amount was 532,700. Interest brings (lie arnount to
533,800.48. Deducting the amount of $892.33 owed by Peregrine Partners, the check will be
made cut to Peregirle Partners for $32,908.15. You are in receipt of ., fax from John Njoss
lfuryclIcliff of True, Walsh Miller who represents Rainer Saidsieder a 500/4, partner. The,
check will be made out to Peregrine Partners but we will leave it up to you and the other
attorneys involved who should receive the cheep.
/In
UP Town Board
henry Slater
Su,%mmke l:.loyd
1
TOWN OF DRYDEN
Of*'FICE OF THE SUPERVISOR
65 LAST MAIN STREET
DRYDEN, NEW YORK 13053 -9505
FAX 607 - 844 -9599 EaMAIL drvdent a lighllink.com TEL 607- 844 -8619
September 16, 1997
To: Town Board
From. Jim
Re: Bell's Auto Special Permit Information
Attached is additional information received from members of the Varna Community
Association Board. They have indicated which persons are presentbr active members. You will
note some of the members are deceased, live out of the state, etc. There are 41 members in
addition to the 15 who were accepted 9/8/97 for a total membership of 56.
We have researched and found additional information regarding the memo supplied by Henry
regarding the petition. In Category One of the total 61 only 33 are probable property owners.
This number includes four addrewu� with 3 persons of different names residing there. Perhaps
one or more is a renter - no easy way to confirm. That means the other 28 are renters of the
property. Of the total 98 signatures fifteen have been and are members of the Association and
nine are new members as of 9/8/97 for a total of 24 out of a probable 56 (43 %) or 24 out of the
127 (19 %) Ms. Potter presented.
/m
cc: Henn' Slater
Mahlon Perkins
Susanne Lloyd
RECEIVED
September 11, 1997 SEP 11 1997
SUPERVISOR U�
Attention: Members of Town Board of Dryden DRYDEN TO IN
We, as board members of the Varna Community Center Assoc.,
request you consider the following issues before reaching your
decision on Monday, September 29, 1997 whether or not to issue Mark
Bell a special permit to have a satellite business in the old Varna
Fire Company building.
1) As you are well aware, Mark Bell has a very good reputation
and keeps his business property very neat and clean. We would
not consider a garage managed by Mark to be the cause of
"Downtown Varna" and Route 366 becoming a "Pit Row ".
2) The location of the property in question is zoned commercial.
3) The existing Varna Community Center has adequate space that
could be utilized for the purpose of after school activities.
4) At the Business Meeting of the VCA on September 8, 1997, we
were told that the "Core Committee" was advised by a lawyer
that cash should be stated in the purchase offer that was made
to the Varna Fire Company Board because it would be more
appealing to them. The VCA does not have the purchase price
of $42,000 cash that was stated in the purchase offer. The
"Core Committee" has had one fund raiser and is taking
pledges. As of September 8 they had approximately $300 cash
and verbal pledges of $1,500.
5) At the Business Meeting of the VCA on September 8 we received
a draft membership list which includes many names that are
inactive members, deceased or no longer reside in the Varna
area, and some from Etna area.
6) Space for a play,
Center but when
regarding time
playground, none
v
4 •-1�- t
- ,At."erj
ground presently exists behind the
some of the new members were
they would have available to
were willing to commit.
Community
approached
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Date:
9 /ij
Board
Fniar
/97
the
To=
James
petitiDners
r% 4- a-
F.
Re"
pet
a 4ddressllacation
it
unknown
i an,
Schug
Opposing Bell's Ants Carr: at 945 Dryden Road
As per your request, T have reviewed the above mentioned
submitted by Kenneth D. Finkelstein during the September
1197 public hearing for the Bell's Auto Care, 945 Dryden
Commercial Garage Special Permit Request and report the
analysis.
pet itian
L'nd,
Road
following
1
divided
Board
Fniar
the
petitiDners
r% 4- a-
Persons
into
a 4ddressllacation
unknown
4
categories.
Those within
the
immediate
Rbi�
Game
Freese
kd
901
Farm
Road,
Varna
Dryden
Road,
Mt.
Area
Road
For
Pleasaflt
ast
which
tp
Home
Turkey
Road,
include:
Drive,
Hill
Hillside
Turkey
Dryden
Road,
Read from
1101 Dryden
!dill Road,
Acres Mobile
Game
Road;
Forest
Home
Farm
Lane,
Park
and
Forest
Home
Drive
Mobile
Home
park.
The second category is persons within the Tnwn bllt not in the
area within category one.
Category three is for persons living outside the TDv4n of Dryden.
The last (fourth) category are those who are unknown. K'e�r• sons
who signed the petition but did hot include their- address.
Catepory one
Dryden Road
Gave Farm Bead
Turkey Hill Road
Mt. Pleasant Road
Forest Home Drive
Forest Lane
Freese Road
Hillside Ages Mobile
Forest Home Dr Mobile
Category Two
Other per °son,
Dryden, remote
Subtotal Total
24
2
5
1
1
6
Home Park 18
Home Park 2
61
within Town of
to Varna Brea
C;!:kteC[oir%Y Three
Verson Outside of the Town
of Dryden
Gat
enory
Board
Fniar
r% 4- a-
Persons
a 4ddressllacation
unknown
Fatal
VQry truly yeuris,
Henn ~y M. Slater{
Zoning & Building
CC:
Y. L
6
Code EnforcementOfficer
Drown
Board
Members
r% 4- a-
9
6
98
`A' ,: '
September ?, 1997
:fo: The Town Board of Dryden and l-lenrp� Slater (zoning c llf-icer)
Prem: Kenneth D. Finkelstein and Lois Pollack
944 Dryden Road
lthaca, New York 14850
Memo an: Public coilurnent for the second town board lie ainiig on a special permit i:or
Mark Bell to operate a business at 945 Dryden Road,
Bear Mr Slater and Honorable Members of the Board,
We would like to pnc�wnt coni men L on 11-our Lop -1 cs related to you coil S1derati0ns on
the issutllice o17 th3�" special pernlit-
First, aboia the. rules set oul. in the. town zonkng 4iw. We., and our rlext door
neighbors, Jinn Skahay and Janet orgran consider the outcome of this clearing important
enough to have employed Jim [Miller'2-sq. to represent our interests here tonight. We ask
that you gi��e him a chance to speak on the sl�ecifIQ requirements relalrirlg I.o issualiee off'
this permit.
I n Midi Lion, we bring to your attenC1o11 it series of conil91cts, which are broader then
the spec- 3:f:ic. requirements outlined iiiSection 1343, that exist far the prc perty in question
with respect to the stipulations in article 843 and 804 of the District Regulation}; for R.
Zoning, In particular, .Article 4 Section 803 states that a lot must be at least 30,000 sq ft
%vith at least 12.5 feet of road frontage- This property is approximately 17,000 sq ft and
has only 96 Feet of 'Cronmge, Further, Article 6 states that no more than 30"lo of the
property grass area rni y be covered W itll a building while this property has at least 50%
coVer{lge- Finally, 1n -Section 804, ArticIe 23 the property mint be aL least 15 feet from the
property line. But this property is attached to the conl.nlunity centers property.
Because the proverty was sold (for a dollar) by the VCA to the VFC, and the
original intent was to give the firemen space for their equipment, These conflicts
(presumably) were not considered relavent, after all [he firemen and the VCA were one
and the same folks! But now that the property is being considered for a comrnercRd
vttmLure, we ask that these details he taken into }your considerations.
Our second point is on the popular support which ht« become manifest to keep
this property -Cor the prune good- i submit to you a petition signed by 100 residents in the
immediate neighborhood oC l.he firehouse property- These residents (and voters) are
vehemently opposed to the i, suunce of the special perrrlit to 'r hell for the 945 Dryden
Road property,
In addition a core group of 25 indiVidLials {l4'e are h�l�py to give You 11ames upon
Your request) has been 1nee -tang al: the VCA In an ei w to raise funds and plan ouc the
purchase. and conversion of the firehouse far other public uses. Close to $10;000 has been
pledged by individuals toward the purchase of this property by the VCA. We plan to
convert the space, initially for use as a site for after school care of school aged children.
Thre is a great need for this in our c�rjrununi
e ty, and the swe ofNew York %vant to be a
financial partner in developing such a program. Once the property is purclhase by the
VCA, State Rep- Marty Luster is willing to help us secure t]lls financial help, 1 further
submit a letter F'ro'm Thaisa *ay, director of the largest Day-Care/School Age Programs
i« the county, 1.3yrho endorses our efforts and has volunteered to act as on unpaid colviij rnt
in our work.
`Ill.ird, T have a letter from my next door neighbur and the owner c a horn at 952
Dryden Road, Dr. Joan Lodge- She has been away for a large portion of the summer and
could not attend the meeting tonight, But she too asks that yo%a deny the special permit.
We the home owners, across the street from the firehouse property, are united in
our opposition to the Issuance of the speciEd peri-nit, and are in support of the VCA's
purchase,
Filially, we implore the "Town Board to consider the message they are sending out
to Our community if they were to approve the special permit- We want our neighborhood
to be a place for our children to grow in safety and with the companionship of other
children, We want to re- vitalize the Marna Co rrirnunity Association and to use. its resources
to help develop a sense of place for the residents of our hamlet- W[ ! want a playground
and a youth center for our kids and a beautifiil meeting place for our golden aged
residents-
With due respect to Mr Bell 's request, use rho not lorant a conlmerciJ
establishment of any type, to lie urt;I'aily placed at the center of our community -
We ask the V F C to sign the purchase agreement Given to them by the VCA, and
to work together with us to eliminate dlvlsl ()ll am On us,
unity ChildCarc,
CGnt
c CC I
September 2, 1997
To Whom This Concerns:
Accredited by the
National Academy
of Early Childhood
Programs
T would like to voice my complete supporl: of 1 {en Pinklestien and others to initiate all
afterschool program in Varna. Afterschool programs are an essential investment in our
children's future.
With schools ending programs by 2:00 or 3:00, children are left on their own until their
parents and /or guardians return in the evening. This is unacceptable. Yet there are not
enough afterschool programs to serve the 100s of children who need them.
A quality afterschool program provides a safe and peaceful place for children to spend
hours after school in recreat.icmal activities and building life skills. A community site in
Varna would provide an excellent site for such a program.
Please feel free to call me with any questions or concerns.
Sincerely,
to'� D
Thaisa Way
Mmiaging Director
579 Warren Road, Ithaca, N.Y. 14850 (607) 257 -0200
q., .o-i f' >�. isx � 4- '�Rni i >.• ` �x�. sss:. <s' iv n � >�� '��-
ABOUT SAP, (SCHOOL AGE`PROGRAM)
School Age Programs: What-are they?
After School Programs such as we provide at Northeast Elementary School are different from both school and child
care programs for younger children. Our primary goals are recreation and skill building, and providing a safe and
peaceful environment for the children. We emphasize mutual cooperation, consideration of others and peaceful
coexistence, A safe and peaceful environment is created through the careful supervision of the staff, the
development of separate areas supporting a variety of activities including an area for blocks, a quiet reading area, a
gym where running can be enjoyed, as well as appropriate areas for board games, sports, art, and science projects.
This environment as a whole considers a child's full physical, cognitive, social, and emotional development.
Recreation includes supervised free time with a wide variety of choices involving games, spoils, art and imagination.
Skill building is developed through organized sports that are cooperative and non - competitive. The emphasis is on
learning to play, not winning. Play is an essential element in a high quality school age program. The National
Association of Elementary School Principals in its "Standards for Quality Programs for Young Children" has stated:
"Spontaneous play, either alone or with other children, is a natural way for young children to learn to deal with one
another and to understand their environment; play should be valued and included in the program plan."
A high quality program depends upon a professional staff and informed and involved parents. The Day Care and
Child Development Council supports the development of professional School Age staff through the School Age
Program Directors' Meetings, extensive trainings, and a wide variety of resources. Karen Coleman, Child
Development Specialist/ Pre - School and Afterschool Programs, of the Day Care and Child Development Council is
available to advise and support staff and parents.
Parents are kept informed through a variety of media including newsletters, bulletins, and daily conversations.
Participation is encouraged in a variety of ways. All programs guarantee unlimited access to parents. Parents are
always welcome. Many programs have Parent Advisory Groups or Boards.
Specific Goals for a Quality Program
The goal is to create a program emphasizing recreation, skill building, and providing a safe and peaceful
environment. Children are encouraged to grow emotionally, socially, cognitively, and physically. We carefully design
our environments to encourage and support appropriate behavior and growth. Planning for activities and staffing is
® based on the diverse interests and needs of the children. We plan for activities that are exciting, interesting, provide
choices, build skills, and reflect the physical, social, cognitive, and emotional needs of the children in our program.
The ways in which we address each of these areas are outlined below.
Emotional: The school age program is relaxed and informal, to complement the long day the children have already
put in at school. The teachers work as a team to provide multi -age and multi - cultural experiences for small and large
groups. They often have opportunities to interact individually with children.
Social: The children have opportunities to play and work with children in their own age group as well as children of
other ages. Older children can model behavior, skills and learning processes for younger children. Younger children
provide older children with an opportunity to share what they have learned and to develop a sense of caring.
Teachers nurture a feeling of respect for one's self and for others_ They work with children on conflict resolution,
encouraging children to use their words to express their feelings.
Cognitive: Activities are designed to foster self - confidence while working with various art media, arts & crafts
materials, and creating science experiments. Areas are designated for dramatic play, blocks, table games, and small
construction. Emphasis is on the process, not the product.
Physical: Children have the use of the gym and outdoor play areas. Large motor skills continue to develop as
children climb, run, swing and practice ball skills. Indoors, activity areas are planned to provide opportunities to use
and develop small motor skills. Skill building is an important part of this process as the children develop more
sophisticated coordination and skills.
A quality school age program is built on the premise that all of life is learning and learning can be fun. Learning does
not stop when school lets out but is present in every experience. Children feel safe in a caring environment which
provides opportunities to make choices, develop independence, accept responsibility, and nurture relationships.
S3r9.up Size and staffing
A typical program enrolls 63 children per day and staffs the program with 1 Director, 1 Lead Counselor, and 5
• Counselors. The staff work as a team to coordinate all school age programming. The staff exchange information
with parents at regular intervals to keep everyone apprised of how and what the children are doing.
✓A
(9
PETITION
We. the undersigned, vehemently oppose the application for a special permit
to conduct the business of a used car lot, car rep -ir shop, and towing
servicefyard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community ssociatxon and
respectfully appeal to the Town of Dryden to deny the application.
PETMON
We. the undersigned, vehementl ose the a placation for a s ecla] permit
Y P1� � p F
to conduct the business of a used car lot, car repair shop, and towing
servicelyartl in the former Varna Fire Company building Iocated at 945
Dryden Road which adjoins the Varna Community Association and
respeOfvIly appeal to the 'Town of Dryden to deny the application.
opt t
F
PETITION
we, the undersigned, vehemently oppose the application for a special pezmit
to conduct the business of a used car lot, car repair shop, and towing
servicelard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the appiicatiott.
,os .Sig
140 rf jde
N
oss IS 4? //See&
F
1�} L�flf iFjj'�'r
a5 ,
j
ccx�
� ]LIv W,
PETITION
We, the undersigned, vehemently oppose the application for a special permit
to conduct the business of a used car lot, car repair shop, and towing
sexvice/yard in the former Varna Fire Company building Iocated at 945
Darden Road which adjoins the Varna Community Association and
z:espectful.Iy appeal to the Town of Dryden to deny the application.
KA
c 41if
f
�vfI
,y
r
F
mac;
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F�Lj v dXvMJMrQM=W
)Vill '
a Y� 4 f
urn ,Il f � --
S - eL C
D
PETITION
We, the undersigned, vehemently oppose the application for a special permit
to conduct the business of a used car lot, car repair shop, and towing
service/yard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the application.
LNI
L 4 r "► 4RM \ii s� i
70 0 DR Y0
a05, oCyA.- (Zcet -
OY
PETITION
We, the undersigned, vehemently oppiose the application for a special permit
to conduct the business of a used car lot, car repair shop, and towing
service /yard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the application.
r fe L5
U149v�
NX
FA 11
11
f
,4-� F
12
PETITION
We, the undersigned, oppose the application for a special permit
to conduct the business of a used car lot, car repair shop, and towing
service /yard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the application.
' i
O Jam, Sk
J
Mddw A
3B w
7UL Wa922eh W4
ar_�'6 1-�A�� ti� rrf('f
C� � -
i S�So
/ tiklAr G /1rJUIV� luffn
0
�2
PETITION
We, the undersigned, vehemently oppose the application .for a special permit
to conduct the business of a used car lot, car repair shop, and towing
service /yard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the application,
Flo
95 Mae 1. M
021 �. '.
IVA
l'
Mil
I / et�. Atgt /Oot If
I 1 [I l0 • .1
,�. ! ! ,
SMA
@.A
Flo
95 Mae 1. M
021 �. '.
IVA
l'
Mil
I / et�. Atgt /Oot If
I 1 [I l0 • .1
,�. ! ! ,
PETITION
We, the undersigned, vehemently oppose the application for a special permit
to conduct the business of a used car lot, car repair shop, and towing
service /yard in the former Varna Fire Company building located at 945
Dryden Road which adjoins the Varna Community Association and
respectfully appeal to the Town of Dryden to deny the application.
Voices in Varna Volume #1 September 6, 1997
By now you've probably heard that the Varna Fire Company (VFC) is completing
their move to a new station on 'Turkey Hill Road and that they plan to sell the firehouse at
945 Dryden Road. You may also know that the Dryden Town Board has held two public
hearings on Mark Bell's request for a Special Permit that allows him to operate an auto
repair shop - towing service - used car sales business on that small parcel of property.
Finally, you should know that the Varna Community Association (VCA) is determined to
see the attached fire company property stay in non - profit hands, remaining a space that
serves the public good.
A group of Varna residents have come together to make this purchase possible.
Ever since the "Community Meeting" held on August 21, we have been meeting at the
VCA on Thursdays at 7:30 PM. If you want to help with the purchase and conversion of
the firehouse for the public good, please join us in our efforts!
There is a lot of history behind why the VFC and VCA don't presently share a
common goal for the property, but we are confident that in the end our community will
benefit from all the current activity.
Here
is a
run down of
recent and upcoming events that encourage and promote the
purchase, by
the
VCA, of the
firehouse property.
Tuesday September 2, 1.997
�— The VCA delivers to the VFC, a cash offer to purchase the firehouse property for
$42,000.
The Town Board meets for a second time to hear public comment before its
decision on the Special Permit. The room is packed with Varna neighbors, members of
the VFC, and other interested parties. Most neighbors oppose the Special Permit, and this
point of view is echoed by a petition signed by 100 residents of our hamlet. The Board
also hears from a lawyer representing several residents. Ile explains that the Permit
cannot legally be issued because the property violates a number of zoning rules. By the
way, if the VCA buys the firehouse the combined property satisfies zoning requirements.
On the otherhand, some VFC board members would like to see the sale to Mr Bell
go through, so they support the Permit application. We understand that Mr Bell has
offered the VFC $65,000 for the property, and that after realtor fees and mandatory
structural modifications, the VFC stands to clear somewhat more than $50,000.
Thursday September 4, 1997
Our group of Varna residents supporting the VCA purchase offer, meet to define
goals for the use of the added building space, and to plan a Rind raising campaign. Our
goal is to raise $60,000 by December 1, 1997. The money will be used for purchase and
conversion of the fire garage as a site for an after - school program to service a minimum
of 30 elementary and middle school aged children. To fiirther support this activity and to
promote the VCA as a focal point for the families of our community, we plan to solicit
® additional fiends to erect a playground and picnic area behind the building. The inside
space will have a wood floor, a 10 foot ceiling with loft storage, insulated walls and
flexible partitions to divide the space for youth activities, or open it up for dances and as a
party room. For more information call Ken Finkelstein at 277 -1035.
Monday September 8, 1997
The regular meeting of the VCA board of directors will be held. Among the
agenda items is the consideration of 16 new membership applications! The acceptance of
new members will help revitalize the association and bring under its auspices present
efforts toward purchase of the firehouse property. For further information contact Richard
HUmerez at 272 -2970.
Friday September 12, 1997
The entire Varna community is cordially
at the VCA. Please bring your own table service
272 -2970. They'll be good food, good talk, and
ones. Please come and find out more about what
invited to a dish -to -pass supper at 6PM
If you have any questions call Alice at
a chance to see old friends or make new
Varna has to offer!
Sunday September 21, 1997
The VCR's 2 "" pancake breakfast will run from 8AIVI to IPM at 943 Dryden
Road. For S5 you can get all the eggs, pancakes, bacon or sausage, hash -broi vn potatoes,
coffee and juice you'd like. Bring your friends and family. Kids under 12 cat for only $3,
and children under 5 are free. if you'd like to help in cooking, serving, or cleaning please
call Dawn Potter at 273 -6493.
A lot more activities are being planned for the fall season so keep your eyes
on the VCA and listen for the Voices in Varna.
This first edition is brought to you through the cooperation of Cathy and Dave
Arnold, Carol and Jack Carpenter, William and Angie Chen, Karl Conrad, Ken
Finkelstein and Lois Pollack, Betty Griffin, Richard and Alice Humerez, Debbie and Art
Lecoq, Dawn, Geoff and Mary Potter, Jim Skaley and Janet Morgan, Marshall and Judy
Taylor, and Dave Weinstein and Chris Stark.
Town of Dryden September 6, 1997
65 L. Main St
Lie Dryden, New York 13053
Dear Members of the Town Board,
I am writing to comment on several points discussed by zoning officer Henry
Slater during the last public meeting on Mark Bell's request for a Special Permit to
operate an auto repair business at 945 Dryden Road, in Varna.
Mr Slater used an air survey map to argue that the existence of Mr Bell's business
would not significantly change the character of our neighborhood. I-Ie stated that only
22% of properties consisted of single family, owner occupied residences. For unknown
reasons he used a 500' circle to define an area of consideration. After studying this map, I
find that it contradicts Mr Slater's characterization of the neighborhood.
First, Mr Slater made a distinction between owner occupied and rented residential
properties. Does he imply that families who rent their homes are any less interested in the
quality of life in the neighborhood, or that somehow they should not be considered
members of the community? I have had an opportunity to meet many of these people.
They are, by and large, fine people who care about the quality of the neighborhood,
consider themselves as residents, and indeed vote for you folks.
Second, Mr Slater's map has a number of factual errors and omissions worth
mention. The Varna Auto property also contains a single - family owner occupied home.
Mrs Dodge's property at 952 Dryden Road contains one owner occupied dwelling. The
property on the northwest corner of Freese and Dryden Roads is not a retail store. It has
been occupied by the owner's daughter and her new husband, and is listed for sale as a
residential property.
Third, if one considers properties within Mr Slater's mysterious circle and divides
their use into four categories: business, public, rental, and owner occupied, then the
following usage is found. There are 22 properties including 2 (o*vvned by William Chen)
that are of dual use. Of these, 3 (13.6 %) are business, 3 public, 7 (31.8 %) rented
residential, and 9 (40.9% and not 22 %) owner occupied. 'These ratios change very little if
one considers all the properties indicated between Freese Road and Forest Home.
1 don't agree with Mr Slater's assessment of the neighborhood, and ask you to put
yourself in my position. Would you want to see a business like Mr Bell proposes to move
across the street from your house? The proposed change of use at 945 Dryden Road
would most definitely and negatively affect the nature of our neighborhood by cutting
into its heart! I don't know why Mr. Slater has misrepresented the character of this area in
his recent public presentation. As a good citizen interested in the future, 1 remind you that
what happens to the fire house property has significant implications and will not go
unnoticed. Please feel free to contact me with any questions or comments.
Sine /r, y Yo N A
Ke neth D Finkelstein
94 Dryden Road Telephones: 255 -7163 (day), 277 -1035 (eves)
/33
TB9 -2 -97 Page 20
Jim Skaley
- we did know
we were buying into a
commercial zone
because we
saw the sign
across
the street
when
we
purchased the
property.
It was still the
fire
department
and
we
had no knowledge
of what was
going on at
that time.
We
bought based
on what we were
looking at
and the surrounding
area at
that time.
If we had known
there was
going to be a
garage
with a
used car
lot
we might have
had second
thoughts.
Closed public hearing: 10:00PM
TOWN BOARD MEETING
SEPTEMBER 21 1997
Supv Schug called the board meeting to order at 10:OOPM
Members
and
guests
participated
far as
the
road
in a moment of silent meditation
followed
by
the pledge
and oil
of
allegiance.
completed.
Roll call was by Town Clerk Lloyd
Present: Supv Schug, Clp Grantham, Clp T. Hatfield, Clp C.
Hatfield, Z. O. Slater and Hwy Supt Gilbert
Absent: Atty Perkins
0 COUNCILMAN PRIVILEGE OF THE FLOOR
Update on safety program - Deb - no change
Supv Schug - Peregrine Hollow project - it was left from last
meeting that the road and the trees were to have been completed.
Wanted to know the status of the road.
Hwy Supt Gilbert
- as
far as
the
road
the town can accept the road
since the
stone
and oil
has
been
completed.
Clp C. Hatfield - wanted to know about the plantings.
Heidi Saldsieder - showed pictures taken of the plantings that
have been done.
Z.O. Slater - last meeting the town board wanted the burning
bushes or the planning board would have to authorize the change.
The planning board authorized the change of the burning bushes for
juniper bushes at their August 19th meeting. Everything has been
done to the best of my knowledge. The road and the mitigation
efforts have been completed.
j3q
TB9 -2 97 Page 21
RESOLUTION
#157
#156
TRANSPEM
ACCEPT. _
ROAD
- SETTLEMENT
...ROAD
PNQ A PORTION
TO TOWN
OF
PEREORINE
(A1410.2)
WnY (700 FEET
..._
+ ✓ -)
2nd Clp Grantham
HDLLENSECLK
boll
call vote - all voting Yes
CIp T. Hatfield offered the following resolution and asked for its
adopt ickn
RESOLVED, that this Town Board accept Settlement Road and a
portion of Peregrine Warr (700 feet + / -) as approved by Hwy Supt
Gilbert and town engineer. Also accept the SEUR witigating
measures as the change by the approval of the Planning Beard at
their August FnOeting-
2nd Clp Grantham
Roll call vote - all voting Yes
5upv Gchug � would like to approve transfer of funds from
unexpended fund balance to town clerk equipment. Town Clerk Lloyd
has checked with several other towns who are using Williamson Law
Book town clerk package and receiver of taxes. This would allow
more material to be put on the computer including dog license
sales and dog census. Boob Martinson will do the computer upgrade
that is necessary. If the board approves the transfer of funds to
cover the software arrd hardware upgrade it would help to have
Susannene hire Dambi since she is the only person running for the
towiq clerk position. I would hike to see the computer up and
runming before the end of the year.
RESOLUTION
#157
APPROVE
TRANSPEM
OF FUNDS
FROM
UNEXPENDED
FUND
BALANCE
TO TOWN
CLERK EQUIPMENT
balance to town clerk equipment
(A1410.2)
for purchase of
software
and hardware upgrade.
2nd Clp Grantham
HDLLENSECLK
Up C. Hatfield offered the following resolution and asked for its
adapt ion:
Schug T once the
computer has been
upgraded we W111 have
RESOLVED,
that this Town
Board
approve the transfer up to
$4,950.00
from unexpended
fund
balance to town clerk equipment
(A1410.2)
for purchase of
software
and hardware upgrade.
2nd Clp Grantham
HDLLENSECLK
boll
call vote - all voting Yes
Supt/
Schug T once the
computer has been
upgraded we W111 have
Bambi
come in and fill
out an application
so the town will be able
to hire
her as part
time and be paid at
a rate of $10.00 per hour.
RESOLUTION #158 APPROVE'PART TIME HELP
FOR
TOWN CLERK - BAMBI
HDLLENSECLK
Clp T. Hatfield offered the fallowing resolution and asked for its
adoptionW
RESOLVED, that this ToNn Board approve part time help Bamhi
Hollenbeck for the-town clerk wirer^+ appropriate at the rate of
$10.00 per hour=
2nd CIp C. Hatfield Roll call vote - all voting Yes
ENGINEER INS
Dave Putnam - Dryden Road water problem (Cole) - completed on
7-•14 97
I:
ay-
.RV'
z
September 02. 1997
Town of Dryden
Attn: henry Slater
62 E. Main St+
Dryden, NY 13053
Re: Cial< YndustrieS
Gear Mr. Slater:
This letter is in regard to our core
the im#rovernonts that Gus has attem
noel— wheeled equipment that i ctrl-re
is rny understanding from you t>>at G
permission to allow for outside sCo
that would x� vi i? le from our• 0ffJ,
equipment urould be stored .111$1de or
this office.
parries pos
pted to Ma
ntly on hz
us is jPP1
raga of wh
ce, and t.h
out back,
P.O. Box 635
Dryden, N.Y. 13053 -6635
Telephone (607) 044 -8186
FAX # (607) e44 -4886
i t i 0
ke t
5 Pr
YiJ)g
e e I e
a Jr a
F1 0 t
n 1.
o h
op%
f
d e
11
in
nval.vkng
ide the
r L it
r
quipment
other
view of
We are willing to give our- pf2 rm.iaa�iloll as a friendly neighbor
for this variance under 'Chu fo,l,Lowjng conditions+
I— The fenr,i,ng material that was installed be
maintained and rc?p).aced if worn out or removed for
any reason.
2- The trees that were planted 0i11 &ventually help
the 14ztuation, however any tree that sr�; d}�i.ng ar
do dita e�hotrld be immediately replaced with are
equivalen
3 All wheel
manner.
4— All nan W
the front
t �:ree .
ud vohinles be stored in an orderly
healed equipment be stored out of sxt.e of
of our building,
Any violations of these reqLiests should be addressed
immediately by your of1`ace and the }groper- measures should be
taken to correct these condit.ior19 to enforce 'Che
++SCric1'ion, of this variane.?.
If you should have ,:any ftrrCl -it3r questions or need any o�.her
.infor•mal: ion Pram this office piLoase do not hesa,t: ate 10 .a].,1.
or w r i te. ti'r r r d
Sincerely,
:y A/ 7
Dan i J, Abbey
Assistant GenerEll 01afeiger
Date:
August
the
28, 1997
of the services
To:
James
F. SChug,
Dryden Town Supervisor
From: Henry M. Slater, Zoning & Building Cade Enforcement Officer
Rem Replacement Assistant Cade Enforcement Officer
Dear Jima
AS you know, Assistant Code Enforcement officer Clinton E.
CottLrY ill, has announced ibis intention to retire at the
conclusion of the 1997 business yea.7 ^.
Clint
has
the
fulfilled
of the services
{provided by this
the
duties
office,
and the
Town
xn general,
of
his
at tremendous speed.
As the
position
its
officials
with
aware of the ever
enthusiasm
end gr
eat
success.
C'li.nt,
although
a
part
time
employee,
has
performed
his
duties
as
if
he
were
a
full
time
employee
working
a regular
work
week.
Since
Clint
is
restricted
in
the
amount
of
income
he
may
earn
as
a
part
time
employee,
he
has
given
many
hours
each
week
to
the
position
rather
than
go
hone.
This office which serves 96.7 square miles of jurisdiction
requires a tremendous amount of in field wank which does not
permit much in office work time.
Over the
years,
the
complexity
of the services
{provided by this
office,
and the
Town
xn general,
has grown
at tremendous speed.
As the
Town and
its
officials
have became
aware of the ever
increa
to ser^
overAwh
this o
time C
we hay
sing ru
ve its
elming_
ffice,
ode Fnf
e been
1
r
i
0
s
e and
eside
I be
t has
rceme
uppIY
r
nt
li
0
nt
i r7
esponsiva,la.ty it assu
s and fullfil its obl
eve, in order to fulf
bviousiy become neces
Officers, fully trai
g this service for th
mes, the time required
igations has became
ill the obligations of
sary to have two full
ned, inn staff. In fact,
e past several years_
If you should have any questions or desire furrther detail, please
feel free to call upon me as necessary either here or at 844 -91aO
or evenings at 844- 9715.
Very truly yours,
Henry Mr Slater
r
Job Description
Position: Assistant Code Enforcement Officer
Municipality: Town of Dryden} eXClUlive of the Villages of Dryden,
and Freeville
Qualifications: Education Minimum, High School Graduate
Preferred 2 year accredited Associate Oegree
further education is a plus
Certifications:
1). Certified
�, }+ hours
by NYS
of Code
as hawing
Enforcement
successfully
Training
completed
and
be currently
the
NYS
in
good
standing with
NYS in
seryi,r_e training
requirements.
}. Be adequately familiar with NYCRR -9h, the building code,
enforced by the Town of Dryden by Lncal Law #1 of 1989.
3). Pe familiar with Zoning Law as it applies to Town Government,
Work Experience
X). Succet
code e
Within
NYCRRl
9
n
9
ful candidate shall have 1 - 3
far cement experience with any
NYS ar agency employed by such
h provisions.
years of NYCRR -9E
recognized municipality
municipality to enforce
). Experience with municipal zoning ordinance enforcement;
subdivision, special permits site plan review and variance
review processes.
Primary Function:
Dryd
b1. Cared
X
ti
c1. Cond
d ) . Prep
e }. Resp
safe
fire
f }. Resp
code
uct field inspectio
en Town Building Pe
uct Fire Safety fie
), buildings contai
). Buildings access
). Multiple resider
dwellings within
uct field inning co
are violation docum
and to Fire I)epartm
continued use stat
or other similar d
once to phone inqui
S affi,cem
ns of warp in progr4e5e autharized by
rmits.
Id inspections of=
ors Public Assembly Space
ible to the General Public.
t atr'uctures, "3 or more separate
one 5trLkcture " .
nformance inspections.
ents.
ent calls, as necessary, to determine
U5 of StrUCtUre and eq�tjpment suffering
ama.gem
vies concerning all services provided by
Job Description
Rags Two
Secondary Functions:
I }. Conduct project reviews as necessary of applications ofa
a). Building Permits
b). Zoning Permits
C). Special Permits
d). Site Flan Reviews
e). Variance Request
f). Assist various Town Government Boards with their` prescribed
duties.
}_ Conduct in office intervi.cw with pernsans submittinr� applications for
application in one Abovem
-:1). Compile data far repurt5 submitted by this office to Town Board and
other agencies.
Successful
candidate
shall
supply
his
or
her
own motor
vehicle
which
rust
be dependable
for
field
work.
Employee
will
be
reimbursed
at the
rate
of
20
cents
per
mile.
Successful
candidate
shall he in reasonably goad health and physical condition to
I
nspect all parts of in progress building constr�utction.
Candidate will be required to live within the Town of Dryden, or
within close distance Df Dryden as such employee will be on call
for Firs Emergencies 24 hours a day, 7 days a week and be available
far night meetings, 3 or 4 nights per month as necessary.
Very truly yours,
Henry M. Slater
V
date:
To.
From:
Sub.:
AUgust
James
Henry
August
29th,
Schug,
M. Slater,
597
1997
Dryden
Building
Town Supervisor
Zoning & Building Code Enforcement Off.
& Zoning Activity Report
17e+sr Jima
the
month
of August
197, our department issued 15
Building
Permits:
Family
Fire
During
the
month
of August
197, our department issued 15
building
AYl
permits
which are
described as follows.
A -1
Single
Family
Fire
Horne,
new starts
Iltiple
(1)
Residence
AYl
Relocate
Facilities
existing
Business
Facilities
Single
Family Hamel
(1)
(1)
A -1
Replace
Facilities
existinW
(fir)
mobile
home
(1)
Renovate
C-4-1 Erect
exist
Private
Group
Home.,
Garage
George Junior
St rust Ure
Republic
(4)
(4)
C -7
Mincer
StrUCtUre
Repair
& Structure Construction
{,.:,}
C -7
install
Private
Swimming
pool
(1)
C�1
Relocate
Existing
C -1
Modular Dffice
Facility
{1}
Certificates of Ommlipancy and Compliance
Certificate of Occupancy (1)
Conditioned Certificate of Occupancy (0)
Certificate of Compliance (1)
Public
Inspections,
Fire
Safety
Iltiple
Residence
Facilities
()
Business
Facilities
(1)
Flame
Day Care
Facilities
(fir)
Fir
Two
min
dam
The
e In
min
4 r p
age_
cul
vest
or f
aper
Cu
grit
i gilt i m
ire in
boile
t t i n g 5
was e
ns fa
ve5ti
r- anal
Gara
ppr ;eh
r t
gat
fern
ge
end
he
ion
ct i
had
ed
Update on lssues of.Concern:
(_oeven Barn at 1
-- Work delaye
seem to be
Structure h
Owner Ralad
will be cam
E+ 4
d
in
as
in
pl
Dryd
a5 f
teres
been
a has
et ed.
Month
5 wer
on re
an a
at t h
Of ALA
e nece
sultin
ttempt
e scen
gLL5t : f2
scary. Wilcox Press had a
g in mirror equipment
ed ar ;soh fire, no damage_
e.
err Harfard Road
nance is a problem. ♦Vane of the
ted in providing funds for this
stabilised and made safe from
provided a written assurance,
Same Status.
Ottenschot ProGerity at 3 Freese Road
No change, currently, in Town Attorney's Hands_
local banks
repair.
entry_
the project
RMS ar avel. Special F{er�mit+ SOL�th Mime+ Mott Road
Town to cDnduct Special Permit Wearing 9/4!97 repar•ting results
to DEC, to be incorporated into the DEC 11ininq permit.
0
August ' 97 Report
Page Two
Zoning.-Board of Appeals= The ZBA held {2} hearings for
variance requests. Douglas Foster of 31 Monkey Run Read,
requested a variance to extend his existing 31 Monkey Run
Road home front porch into the 70 feet front yard setback
varying for 11 — 2 feet over a distance of Ic feet. After
careful analysis, the Board approved, the request.
Robert and Charlotte Sunderland of 711 N. Wood Road requested
a variance to establish a residential building lot at 713 N.
{good Road which wtruld provide 32 "+/1 of public read frontage
rather than the prescribed 12S feet_
The Board
existing
could not
such time
illustrat
of the ex
ha
str
an
ap
Ed
ist
d sev
uct ur
swer.
pl ica
exist
ing s
eral quest
es and the
The Boar
nt could 5
ing struct
eptic cyst
1
d
U
u
e
❑ng relat
septic sy
granted
ppl'y a su
res. The
M layoutm
in
St
an
ry
g to the
em which
adjourn
ey of bo
also req
placement of
the applicant
ment until
th lots which
nested a copy
P1
in
Board: The
planning
Board
conducted
a
Final
Subdivision
Review
for Pleasant
Mountain
Subdivision
proposed
for the
Varna area
former
James
Clark
property
14
lots
954D
feet
of
town road
frontage
and development
of
Turkey
Hill
Water
and
Sewer.
Project
was granted
approval.
A second 9 lot proposal fronting an West Dtryden and Wood
Road, received final approval. No public road was requirred,
as all lots front on existing public roads. Lots will
Provide on site private water and sewer.
The Board also granted preliminary approval
Davall project on Lake Road, Considerration
concerns such as the DEC Wetland, the Drryden
lands, bore turtle habitat and septic system
Eoard also asked the applicants, if they wou
grant the Town an easement to establish a Ao
Dryden Lake Trail over the 5 lots. The appl
that they had asked the current two potentia
Towns desire for an easement. Both buyers d
L
nvolved in an easement. Applicants respect
A Final, Plat Review is scheduled for Thursda
to the 5 lot
was given to
Lake recreation
locations. The
Id be willing to
rtion of the
icant reported
1 buyers of the
id not want to be
fully declined.
Y, 9/18/97.
Site Plan Review & Special Per�mi.t F'rD 'ect Sheet
Due to time restraints, it is not passible to produce Special
Permit & Site Plan Review data_ I'll paint Out, the status
for{ August v%emains unchanged from July tracking program.
Very truly yours,
Henry M. Slater
Zoning It Building Code Enfolicement Offic�er
cc: All Dryden Town Board Members
Susanne Lloyd, T}7 ^yderi Town Clerk
Mahlon R. Perkins, 1]ryden Town Attorney
TB9mm2° 97 Page L2
Dave Putnam Pinckney Road drainage st "dy -- gave board members
copy of report and went over the cost estimate and study. I would
recommend that the board contract Sunset West Circle and Sunset
West be done as a package because they will have to be worked at
at different t i mess
HIGHWAY SUPERINTENDENT
Supv Schug -
Ferguson
Rd bridge
(village)
board has
- the town
board will
work with county
and village.
allow Gus
The
cost
would be $46,000.00
for the
towns share,
b�,rt would
have to
be
put
in next years
budget. The
agreement will
have to
be reviewed
he was
by
Fatty Perkins.
to do
RESOLUTION #IQ TRANSFER FUNDS FROM UNEXPENDED
FUND BALANCE TO SEAL TOWN ROADS
Clp Grantham offered the following resolution and asked for its
adoption:
RESOLVED, that that Town Board approve the transfer of funds from
unexpended fund balance to seal town roads not to exceed
$20, 000, QO
2nd Up T. Hatfield Roll call vote T all voting Yes
ZONING OFFICER
Monthly report - hoard members have copies
2.0. Slater - gave board members copy of letter from Dryden Mutual
regarding MAK Industries. {copy in minute gook).
Supy Schug
-
that
town
board has
never
had
a hearing
to
allow Gus
to store
anything
outside.
The
town
board
told him that
he
has to
do what
he was
asked
to do
in the
original
project.
He
was
to
plant a
lawn,
and
maintain
it and
put
in
some
buffer
trees.
Henry
would like
to
give
him
a final
C.O.
on
the
building.
If
Gus
wants
to have
outside
wheeled
storage
he will
have
to corae
to
the
hoard
and make
application
for that,
Z.O. Slater the purpose of landscape improvements is to remove
the no outside storage site plan review restriction and define
What cart be autszde. Apparently, site plan review condition 05
says, no outside storage is perrnistted. The board will have to look
at the site plan review approval of ilT30Q 135. Atty Perkins said
this would .just be an administrative act and -no nearing would be
necessary_
Supv Schug - C
complied with
Clp C. Hatfiel
a4do pt i ors:
RESOLVED, that
Voucher 0771 t
2nd Clp Granth
!u5 should receive the f ina,l C. C]. since he has now
all of the regUlrements.
RE OLU71ON #160 APPROVE RBSTRACT #1019
d offered the following resolution and asked for its
this Town Board approve abstract #109 as audited.
o #854 for a total of $147, 154.51.
aivl Roll call vote - all voting Yes
/36
TB9 -2 -97 Page 23
RESOLUTION ##161 APPOINT PERMANENT FULL
TIME PARAMEDIC - Nathan Paddock
Clp T. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this Town Board appoint
permanent full time paramedic to repla
appointment will begin once the (negat
results of the drug test are received.
2nd Clp Grantham Roll cal
Nathan Paddock as the
ce James Bailie. His
ive) verbal or written
1 vote - all voting Yes
FINANCIAL REPORT - available to board members
JUSTICE REPORT - board members have copies
Adjourned: 11:06PM
�A� =� I
Susanne Lloyd
Dryden Town Clerk
SPECIAL TOWN BOARD MEETING
SEPTEMBER 29, 11997
Supv Schug called the meeting to order at 7mE0CVM
Members
and
guests
first
participated
things
to take
in a moment of silent meditation
followed
Section
application
by
the
Pledge
been
of
Allegiance.
the
Roll call was by Town Clerk Lloyd
Present; Supv 'Schug, Clp Srantham, Clp T. Hatfield, CIp C.
Hatfield, Atty Perkins and Z. O. Slater
Supv Schug - normally at a town board meeting, I always felt the
town board weetings were for everyone and anyone who wanted to
speak during any part they could. We have had 2 long Sessions on
this hearing and a full week to get in any information in writing
in to us so I would ask that this meeting be for the board to do
their deliberations and make their findings and come to a
ctonclusion on Bell's Auto reptAest for use of buying and using the
old Varna fire station as a towing service and repair shop. Xt is
the town boards jab to look at the facts based on the ordinance.
Supra
Schug
� one of the
first
things
to take
a look
at is whether
Section
application
1303.1 (a) requirements
shall be made via
have
the Toning
been
rnet . I. T written
Enforcement
Officer to
the
Town
(a)
Board and shall
name of applicant
include
and
the
owner of
following:
the
premises.
- that has
been
done.
Z.O.
Slater
• correct.
(b) legally recorded description of premises.
Z.O. Slater - they have a preliminary survey.
C0 description of proposed Use, Including parking facilities
L
f required.
Slater - it is on one of the site plakns&
(d) ,a legible sketch drawn to an approximate scale showing
size of building or Structure and location on premises,
Z. p Slater T the preliminary plat has that det ai l on it.
(e) sewage disposal and water supply facilities existent or
proposLad, together with Tompkins County Health Department
certification.
O, Slater - irti this case it is under the jurisdiction of the
Southern Cayuga Inter~ municipal Water Commission for both water and
sewer handling.
Supv Schug - sewer is Ithaca f1rea Wastewater Treatment Plant.
r5'I
TB9 -29 -97
Page 2
Z.O. Slater - correct.
(f) use of premises on adjacent properties.
Z.O. Slater - the site map reflects that.
(g) a statement by applicant appraising the effect of proposed
use on adjacent properties and development of the
neighborhood.
Z.O. Slater - he has provided an appraisal.
(h) the fee for a special permit shall be as set forth in
Article XXIV.
Z. 0. Slater - that has been paid.,
Supv Schug - asked board members if they had any problems with the
special requirements. All board member agreed there were none.
RESOLUTION #162 FINDINGS FOR SECTION 1303_
BELLS AUTO
Clp T. Hatfield offered the following resolution and asked for its
adoption;
® RESOLVED, that Section 1303 (1) of the Zoning Ordinance of the
Town of Dryden (herein the ordinance) imposes certain requirements
to be included in an application for a special permit. In reaching
a determination the Town Board must consider whether such
requirements have been met. The Town Board finds that such
requirements have been substantially complied with. The only
exception being that no legally recorded description was
submitted, although a survey map showing and defining the property
was furnished and the Town Board deems such map sufficient for the
purposes of the application.
2nd Clp C. Hatfield Roll call vote - all voting Yes
Atty Perkins - gave board members a draft copy for determining the
application for Bells Auto. The draft is prepared in the order
that things happened. First the application. Second the
proceedings that happened before the board with two public
hearings and written comments received and reviewed from them and
suggested findings you may make. The findings are set up in the
way you would review and consider the application.
Supv Schug - we can not approve the auto sales in this area.
Atty Perkins - correct, tha
The zoning ordinance in def
to the sale of used automob
ordinance that does address
interpretation is therefore
didn't mention it here, the
t
i
i
is
ning
1 es.
that
if i
omis
a finding you may want to make.
commercial garage does not speak
There is a part of the zoning
. The reason for this
t mentions it some place and
lion was intentional.
/3V
39
TB9�29�97
Page 3
Supv Schug - but, the applicant can apply to the ZBOA for a
,�a►r i�ance.
Atty Perkins - that i5 correct.
Supv Schug - Section 1203.2 (b) whether the location, the use, and
the nature and intensity of operation will be in conflict with the
allowed uses of the zone or neighborhood&
Clp Grantham - I have a question about that.
Clp T. Hatfield - item #4 Should be looked at. The property is
located in a RC zone. Section $02 of the ordinance allows gasoline
stations and commercial garages by special permit. Auto sales is
not raent ioned as either an allowed use or use allowed by special
permit. Automobile .sales are an allowed tise in a M� A zone.
Ordinance sefition 1201(B). The Town Board cannot approve an
application to allow auto vehicle sales or automobile sales as
part of the special permit application. The applicant can seek
relief through the Zoning Board of Appeals. The commercial garage
is allowed by special permit in itself. That seems to be the issue
here with-respect to the location, and the mature of the proposed
busi.rhessw
Supv Schug - asked board members if they all agreed Kith 1303.2.
toThe board will have to disallow auto sales in the permi.tp
Supv Schug Y item #5 commercial garage is defined in the ordinance
ass "Garage- Commercial ". An enclosed building used as a business
for the indoor storage or repair of motor vehicles inclkAding
painting and the sale of parts and accessor^ i.es. A junk or salvage
yard is not to be construLad as a garage.
Supv
Schug
- Mark
Bell
has
not proposed any
painting
at this
facility
which
would
them
affect the dust, dirt
and
fumes.
Clp T. Hatfield - we can make a condition on the permit that there
will he no painting performed at this facility. I think this
should be included in our findings.
Supv Schug Y the board in determining the application, must quite
the following determination:
1. Section 1303(1) of the zoning ordinance of the Town of
Dryden (herein the Ordinance) imposes certain requirements to
be Included in an application for a special permit. In
reaching 5 determination the Town Hoard m"st consider whether
such requirements have been met. The Town Board finds that
such requirements have been substantially complied with. The
only exception being that no legally recorded description was
10 submitted, although a survey map showing and defining the
property was furnished and the Town Board deems such map
sufficient for the purposes of the application.
This was approved by board members in Resolution #162
TB9� 997 Page 4
2. a public
hearing was
held by the
Town board August 12,
1997 axtid continued
on September
2,
1997. The hearing
and
continuation
thereof was
properly
noticed according to
the
requirements
of the ordinance.
All
interested personn
were
allowed to speak
and the
Town Board accepted written
comments
following the
hearing.
use allowed
bar
special
All board members agreed and accepted item 02
3. the application is to use the existing building at 945
Dryden Road for, "automative repair and related associated
use" and "...including a light duty towing service and auto
vehicles sales ".
All board members agreed and accepted item #3
4. the
property
is located
in
a RC
zone. Section
802 of the
Ord inance
allows gasoline stations
and commercial
garages by
special
permit.
Auto sales
is
not
mentioned as
either
an
allowed
use or
use allowed
bar
special
permit.
Automobile
sales
are an
allowed
use in a M -Q
zone.
Ordinance section
The Town
Board
cannot approve
an application
to
allow
auto
vehicle
sales or
automobike
axles
as part of the
special
permit
application.
The appl
xcant
can seek relief
through the
Zoning
Board of
Appeals.
0 All board members agreed and accepted item 44
S. commercial garage is defined in the ordinance as:
"Gara,ge�Commercial". An enclosed bUildIng used as a busineos
for the indoor storage or* repair of motor vehicles including
painting and the sale of parts and accessories. R junk or
salvage year is not to be construed as a garage.
All board members agreed and accepted item #5
G. the proposed use is a comme2rcial garage. A commercial
garage necessarily may involve a tow truck. The applicant
stated there would be no long term storage of any vehicles
such as towed wrecks. They will be towed to his secure storage*
lot in Dryden. The applicant does not intend to use the
building for body work or for major repairs so there will ba
no fumes or noise associated with such activities.
All board members agreed and accepted item #fi
7. the most recent use of the building and lot was storage and
maintenance of fire trucks and rescue equipment and for Varrra
Fire Department meetings and training. The property is
Privately owned by a not�for- profit corporation. Such use
generated traffic, noise and flashing lights. Parts of the lot
are gratuitously for parking by the adjacent Marna Community
Rssoc7iation, herein after* called (1M)m
All board members agreed and accehpted item #7
TB9- 2997
Page 5
a. except for a vacant area at the rear of the VCA b"ilding
the neighborhood has been substantially developed.
- comments received by the VCA were against the applicatiorl
fret marry individual board members wrote supporting it.
All board members agreed and accepted item #e
9. The neighborhood xs a mixture
members
of commercial and
residential
ttses on a primary roadway.
There
has been
a change
toward more
commercial development and
rental
property.
The owners
of the
r~esidentxal property directly
street gust
across the
street just
purchased
their property with actual
knowledge
the
property
xn question
was offered for sale and that
was
its use as
a former
firle station
Kiould change).
use as a
former fire
station
would
All board
members
agreed
and accepted
item #9
- after
the deletgon
of (The
owners
of the
residential
property
directly
across the
street gust
purchased
their
property
with actual
knowledge
the
property
in question
was
offered
for
sale and
that its
use as a
former fire
station
would
change.,
10. the neilahborhood property most impacted by any change in
use will be the VCR. Potential impacts include noise and lack
of gratuitous parking spaces.
All board members agreed and accepted item V IO
11. The applicant requests business hours of 7 :00AM to S:QQPM
Monday through Friday and 7:QOAM to 1:00PM Saturdays. Very few
conflicts exist between the proposed business hours and the
typical time VCA property is in use. Specifically, there is no
conflict on Sundays, Mondays, Wednesdays or Fridays. Tuesdays
present the most conflict with Senior Citizens meeting monthly
during business hours and Home Bureau meeting b i- monthly.
Thursdays during the winter months (far I hour) there may be a
conflict (5-EPM) when VCA soup and salad suppers are held.
Other typical conflicts are on Saturday.
All board members agreed and accepted item #11
12. the applicant has indicated a willingness to voluntarily
offer additional parking to the VCA when needed with
reasonable notice,
All board members agreed and accepted item #12
13. no improvements t
are proposed.
Supv Schug in other wor
water line.
Z.O. S 1 at er - nonce that l
that are on the property,
All board members agreed
o the Town's infrastructure or the site
ds they are not going to put in another
are aware of. They may redefine the livies
but they are not going to put in- anew.
and accepted item #13
TB9 -29 -97
Page 6
14. the number of potential vehicle trip ends is not
substantially different (either less or greater? than the
ckir ;rent number to warrant further study or create an
additional traffic hazard.
All board members agreed and accepted item #14 with statement from
Mark Bell's traffic study.
15. the Tompkins County Department of Planning found that the
propoi5al will have not significant deleterious impact on
intercommunity, County or State interests.
Clp T. Hatfield - we can make a condition, of marking the property
for ingress and egress.
Rtty Perkins - this also can be a separate finding.
All board members agreed and accepted item *15
16.
the Town
Board
received
written camment both in favor of
and
opposed to
the
application.
All board members agreed and accepted item 416
17. concerns raised in written opposition to the applX Cat Ion
include:
another commercial garage in the vicinity
increased compet it ion for existing garages
increase 2n noise
- ihrati.on
incirease in traffic and resultant dangers
conflict with activities at VCA
oppoisitiun to used car sales ltrt
SIZe of lot and setback requirements
- storage of wrecks, old tires, parts, and dumpsters
present an unsightly Condit ian
denial will not hurt the applicant
effect of proposed use on adjacent property values
T loss of gratuitous parking for VGA
ctrrflict with uses of VCP property
new use should continue to be not�for�prcfit or public
spilled oil and "hazardous trappings"
` comments received by the VCA were agair>ISt the
application yet many individual board members wrote
supporting it
All board members agreed and accepted item #17.
18. statements raised in written endorsement to the
appl icat iort include-
--
reputation of applicant to run a good place of business
willingness to cooperate with VCA
proposed use compatible with existing structor -e
moving doors to east side will enhance aesthetics of
building and its use as a garage.
- if property is maintained properly there is no
measurable impact on value of residential proper•tiers
I, 3
T99� 9 -97
Page 7
risk of conditions impact
values Is present whether~ t
riot and is present even if
for residential purpose eke
- comments received by the
application yet many indii
supporting it
ing residential property
his application is grunted or
property owned by VCA or used
y is maintenance of property)
VCR were against the
dual board members wrote
CIp T. Hatfield - comments received by the VCA is a good pjuint
because it is accurate.
the applicant needs six parking places plus one for
each employee. Even if the applicant observes a 15 foot
side yard set back this can be accomplished.
All board members agreed and accepted item #18
19. comments raised at
the
public
hearing (other
thar7
those
ordinance
[foes nOt create or restrict
any
uses
or
estiablish
already stated) include:
special
any
standards.
ARTICLE
X11F
- inereased risk
of
fire
present
app)ication.
use of property
as
a commercial garage may
diminish
number of people
wanting
to
use VCA
unusual sudden
interest
in
VCR (apparently
brought
on
by this application)
- New )fork State
Uniform
Fire
and Prevention
Building
Code permit s use
with
i nt er
i or fire wa l l to
he
c on5t y%uc:-k ed
use of property
by
VCA as
day care center
would
generate more traffic
than
proposed use
- noise from site
acceptable
if generated by
a
not - for - profit activity
- use of property as a fire station is really use as a
g raragle
All board members agreed and accepted item #19
20.
Section
conforming
800
of
the
ordinance
[foes nOt create or restrict
any
uses
or
estiablish
by
special
any
standards.
All board members agreed and accepted item #20
21. the building and lot at 945 Dryden Road existed prior to
adoption of the ordinance. The use of the building and lot by
the
VFD was a
conforming
use. The
proposed
use by
the
applicant
is
for an allowed
use
by
special
permit,
No part of
ARTICLE
X11F
is applicable
to the
present
app)ication.
All board members agreed and accepted item 421
/ 4/
Tl#9�29 -97 M
• h " w
22. since no change in the footprint of the building is
proposed the Town Board and the Zoning Board of Appeals do riot
have to address the lot coverage and setback issues,
Parenthetically, the Town Board notes that it would be
impossible for any purchaser to comply with the requirement of
Sections B03 and 804 of the ordinance and expressly rejects
the suggestion that the only purchaser of the lot who can
bring the lot and building into compliance with the ordinance
is the VEnM
All board members agreed and accepted item i
23. Section 1303( ) of the ordinance requires the Town Board
conaldex`
several
factors thereirti
if board members wanted to act on
L
tems in #17
pct forth when making its
d et erm X n
at x o,rrs
Atty Perkins
-- you are
ncl+t
accepting these as fact. You arLe
accepting
(a)
see
1 above
-
all
ready
xn conflict
accepted
(b)
whether
lases.
the location,
the
use and the nature and
intensity
of
operation will
be in conflict with the
allowed
uses
of the
zone
or
neighborhncd.
See
- 3,
41
5, 6,
9,
10$
11.1
12, 149 20 avid 21
Super Schug
- wanted to
know
if board members wanted to act on
L
tems in #17
or accept
them
as fact.
Atty Perkins
-- you are
ncl+t
accepting these as fact. You arLe
accepting
these as cancorns
that were raised. ,lust because it was
40 mentioned
doesn" t wake
it 5o.
Would be
Atty Perkins
- what was just
discussed
were the
findings
of the
proposed
use.
The Town Board
needs to
discuss the
allowed
uses and
whether the
findings
Would be
xn conflict
with
the
allowed
lases.
Clp T_ Hatfield - l agree, but does #4 and #5 address those. I
thought #4 basically states that the property is located in a RC
zone and is am allowed use by special permit. q#5 defines the
garage which comets out of the codle.
Atty Perkins - you need to know to discuss these findings that you
hav[n. adopted in regard to the allowed uses in the zane, not ,just
the proposed use, Sat} you have to go through the allowed rases in
the zone to see if any of these findings would be in such conflict
and warrant further discussion or rejection of the application.
Supv Schug Section 801 allowed uses.
1. Farming, farm buildings, gardening, nurseries and
greenhouses and the keeping or raISing of livestock and
poultry,
2. One family, two family, and molt i�fami ly dwellings, and
tour• i St homes.
Clp T, FLatfield - in tither words whether any of these findings
conflict with the ability to operate any of thane.
TH9 -9 -97 Pages 9
40 Atty Per k i nra - correct.
Clp T. Hatfield - the community is substantially developed so
would not impact any potential for future urxxits of those natures.
The proposed use is similar to the use that has been in place for
th€ last: 30 years.
SerpV Schug W
3. Educational buildings, community buildings, churches,
cemeterkes and similar semi- public structures and uses. (See
Eoction 1604) M
Clp
Grantham
�
l
think
a
that
number of
is
what
the
community
proposed
has been saying
that
this
conflict
party wall
issue. Is
with
appropriate
item under th2S
the
under
use
of
the
community
associationm
Z.Ou Slater � some have and some haven%t.
Clp T. Hatfield � they have been side by side for 30 yeaysy
Emntinnal statements have been made on both sides, but no facts
presented to differentiate with the proposed future. Thee question
is the most significant impact on the VCA as it has been all
along. We also have where the applicant has agreed to work with
the VCA and mitigate those issues as the fire department in the
past has worked with the VCA on those isstees.
Clp C. Hatfield T his off hours will cover- most of the VCA
meetings anyway.
Clp T. Hatfield
- his
hours
of operation
will mitigate
a
tremendaas
number of
those issues
that Mould be a conflict
between
the VM as
proposed
and the
existing VCA
property. It is
just the
party wall
issue. Is
that an
appropriate
item under th2S
section
under
allowed
uses?
Z.U. Slater - the party wall would apply no matter- who ends up
with that building.
Clp T. Hatfield - no this is not an issue as far as allowed uses.
Supv Sch+-ig - unless it is the VCAw
Z.O. Slater T correct, and them it would be a question, as to what
they would use it for because of the conflict of allowed uses
since they oo -exist next to each other.
Super Schug -
#k4. Village, toyer,, county, state and Federal buildings - no
Conflict
#5. Parks, playgrounds, golf courses. recreation a�^eas and
olte��.
` B9�29 -97
Page 10
Clp, T. Hatfield-
the space
behind the building
stands for the
any such stand
is used t)y the
as5oclat ion
for recreational
purposes. The applicant
line. -
stated he
would put a
fence in there
if one is wanted.
It
has been offer
I
n the past
for one not to
be put the+r`e.
conflict
Kith the VCR.
Supv Schug
#6, Such buiildings as hospitals% clinics, nursing or
convalescent homes, sanataria, and funeral homes. {See Section
1604 }0 - no conflict since none exist,
7. Professional offices or studios. � no conflict
Horne occupation. - no conflict
9. Private gar °age. - no conflict
10. Accessory farm buildings. T no conflict
11.
provided
Roadside
that
stands for the
any such stand
sale and display of farm products
shall be at least 50 feet from
the
road
center
line. -
no conflict
12, Mobile homes on individuals lots, ,- no conflict
13. Bank,s or similar financial institutions. - no conflict
Atty Perkins - with respect to 23 (b) the findings
3- 4- 5- E,- 9- 10- 12- 12- 14- 20 -21, based are review of these findings and
analyzing
Slater -
the allowed
uses
such as
defined
would
in
the
ordinance you
may
find
that the
proposed
use may
be
in
conflict
Kith the VCR.
You
may want to
then
consider
at this
insulation
above the
point
whethearA
to continue or
whether
to
find
some
way that
the
conflicts
any
wooden cQnstructie,rr
can be
resolved. You
need
to discuss
how important
adjacent
the
conflicts
it
by
are in
your
deliberations"
the
perimeter
of the
building.
It
wound
be a<
3
Clp C. Hatfield - I can't see this conflict would be any greater
than what has been there for the last 30 years. Wanted to know
what the engineer said about the wall in relation to noise and
f umns_
Z.O.
Slater -
it is a sealed
will
which
would
not allow
any
fumes
to seep through.
It would
be
a A"
solid
masonry
wall
and
filled
with
feet
insulation
above the
which would
point where
the
deaden
2
the
roofs
sound.
join.
It
It
has
has to
to
eliminate
pass
2
any
wooden cQnstructie,rr
that
is immediately
adjacent
to
it
by
making
2 feet
out beyond
the
perimeter
of the
building.
It
wound
be a<
3
hour; fire
retained
wall.
Clp C. Hatfield - it would also insure no noise Qr fumes to go
through the wall.
Z.B. Slater - it uertainly would not be penetrable by fumes, it
may have some effect on noise.
TB9• 29 -97 Page 11
SKApv Sch ug the use of the community center and the need for
parking. That would be mitigated by the cooperatiorl of Mark Bell
to move the cars to the back field,
Clp T. Hatfield
-
Conflict
reach a conclusion
with
with the VCA activities. Based can the
secretaries report
right now yvU should
of
the
ga through
current uses of the VCp theme wotAd be
very few conflicts
you car, come
time
been clarlfied.
"i.sea
waste or
Atty Perkins
m
if you are unable to
reach a conclusion
with
respect to
(b)
right now yvU should
continue our
deliberatlon and
ga through
the
rest of the list and
you car, come
back after it has
been clarlfied.
disposal 30f
waste or
sorrage
than the
Clp Grantham � my concern is the compatibility of use.
Supv Schug
#23. {c}
whether
the use
will be more ob.jectional
or
depyLecla►t
ing to
adjacent
cr nearby properties
by
reason of
traf ic,
noise,
hazard,
glare, 'Flashing lights
or
disposal 30f
waste or
sorrage
than the
operation of the
allowed
uses of the
zone. -
short
duration„
Keeping
traffic. No significant effect. Applicant submitted letter
from traffic engineer.
- noise.
No
significant
change. YFD produces noise
not
associated
with
applicant's
proposal
including
sirens, claxons
and diesel
engines.
Appllccant's
noise
will
be indoors
and of
short
duration„
Keeping
garage doors
shut
will
help in
Confining
noise
as
will
the construction
of an
interior party
Leal I
m
V3.bration. Not an issue.
- dust. Not an issue.
fatty Perkins - some of those were brought up in the comments, but
nobody ever expanded on them or had any specifies. I think it was
a shat gun approach, but you should identify thorn amd discuss
thy.
Clp. T. Hatfield - one issue we talked about earlier was a
painting operation and the. applicant dues not propose to do any
painting on that side. Say dust should not be an issue since there
will not he a painting operation.
'.C4. Slater - regarding dust the panting lot is presently paved.
fumes. No proof this will be a problem especially with rto
duel engines, painting or bodywork and party wall.
Is- svWke. Not are issue. See " f urne5" _
- odor. See "fumes".
TB9° 29 -97
Page 12
fire.
Only
raised
the undefined driveway.
+ante and
no proof or
suggestion
made a separate finding.
Farts, tires
The
how a
licensed
motor
Dept. also
vehicle
in a fenced or
repall
facility will
to residential
and
be a
fire
hazard.
(The Town
Board
notes
this
is
especially
true
be dangerous if
si-nce
continues
no
painting
or
body
work is
to
be done on site).
There
is a fire
alarm in
the
building.
- hazard. only identified hazard is traffic which currently
exists. See also #14.
Clp T. Hatfield - accross and curb cuts which is a traffic hazard
and can be mitigated if the condition exists.
Atty Perkins - the
hazard
is
the undefined driveway.
would
to
This could be
made a separate finding.
Farts, tires
The
Tompkins County
Planning
inside
Dept. also
voicod a concern that
in a fenced or
a wide
and not well defined
to residential
and
undefined
driveway cause unnecessary
uQrlfusion
for motorists
entering
and
exlting the site.
This
could
be dangerous if
it
continues
to
exist. This could
be
made #15
(a).
glare. Not an issue since there will be no a,ddltional
outside lighting.
flashing lights. Likely to be some when wrecker is returning
with a towed vehicle. Of less intensity than VFD.
• disposal of
waste. No
wrecked
vehicles
would
to
be
stored on site.
Farts, tires
and refuse
can be
stored
inside
or
in a fenced or
screamed area
not visible
to residential
properwties.
Mark
Bell
- there
is room, but I would not Use a dumpster. Trash
would
be
picked up
weekly.
- disposal of sewage. Not an issue, fflUnicipal.
All board members agreed with item #23 {c? .
Supv Schug � 23 (d)
whether the use will discourage or hinder the appropriate
development and use of adjacent properties or neighborhood.
The neighborhood is substantially, if not completely
developed. There is vacant unti tsed land at the rear of VCA. A
constant theme addressed by those in opposition to the
application is the future of the VCA. luny have suggested that
the application shOLLId be turned dawn so the VCR can purchase
the property Wt, at least be put in a hotter position to push
the VFD for acceptance of a purchase offer by the VCA) . It is
not the provix)ce of the Town Board to interfere with parties
who wish to contract for the purchase and sale of real
property. The Town Bayard should not decry an application simply
to give a third party an opportunity to purchase. Unless the
present application is withdrawn the Town Board must consider
In
TB9- 3 -97 Page 1
the applicatlon on its merits and on the facts, without
emotion or being swayed by pleas for inappropriate and i l legal
actions, The applicant has faithfully and diligently pursued
approval and has reaponded to all legitimate requests and
concevns.
Clp
Grantham
- questioned
hours of operation.
Supv
Schug -
towing is 24
hours a day so they might bring a gar in
and
drop it
off.
hinder
Clark Bell - t
There may be
operators tak
leaving from
Supv Schug
at night and
area of town.
here would be no auto repair~ during
a wrecker coming or going. A lot of
e tha trucks home with them me they
that location.
the idea is to store a wrecker~ or 2
during the off hours so it would be
those hours.
the wr ocker
wouldn't even be
inside
are
the
storage.
garage
think
available
comment about turining
discourage
down an application
in
hinder
that
permit
Clp Grantham - we
are
saying no outside
storage.
Did not
think
the
comment about turining
discourage
down an application
yr
hinder
for a special
permit
to
allow other offekrs
to
occur. That would
discourage
or hinder
the
appropriate development
and we can't.
That
is true, we can't
tursn
down 1 application
for
a special permit
so
that someone
else
could
make an offer~. It
is almost
a separate
Issue.
Supv Schug - that is why it is in parentheses because it is not
our prerogative
Clp
Grantham
- that is a
1
don't
neighborhood i
think
it addresses whether the use wlAl
discourage
completely developed. Unless
yr
hinder
impact o
the
appropriate zone.
Clp T. Hatfield -
- that is a
addressed in t
the second sentence. The
neighborhood i
is s
substantially, i
if not c
completely developed. Unless
there Its an e
entire i
impact o
on the community.
Grantham - I don't think the other part should be in there.
Clp T. Hatfield - unless a substantial number of people comment
that was the reason for the objective for the application. That
was the theme during Both public hearings and written comments.
Maybe there is a betteir way to address that.
Clp Grantham - I think the concor -n is people will be less likely
to use the community center that has a commercial garage next door
to it than if it had a fire station or some other commercial use
other~ than a garage. But that is not what this is about.
TB9 -29- 97
Page 14
Atty Perkins - the intention there, was to address the pros and
cons of the comments of the people who suggested, th &t was reason
enough. Either in your deliberation or findings that should be
mentioned. It is not a legitimate fact you can consider.
Clp Grantham - we could put this as a separate finding then. I
don't mind accepting it, but it Just doesn't belong there.
Atty Perkins
� the only reason it is
there is
because the pled was
this will
not allow us to pursue whatever
options
might be
available
to the purchase of this property.
It
can stand on its
Oun Y
Clp Grantham - A constant theme ,addressed by those in opposition
to the application is the future of the VCtA. Many have suggested
that the application should be turned down so the VCA can purchase
the property (or at least be put In a better position to push the
VFD for acceptance of a purchase offer by the VCA }. It is not the
province of the Town Board to i rat er^ f e r e with parties who wish to
contract for the purchase and sale of real property. The Town
Board should not deny an application simply to give a third party
an opportunity to purchase. Unless the present application is
withd1^awn the Town Board must consider the application on the
merits and on the facts without emotion or being swayed by pleas
for inappropriate and illegal act ions. The applicant has
faithfully and diligently pursued approval and has responded to
all legitimate requests and concerns. This should be made a
separate finding.
Supv
Schug
-
wanted
to
know if
it
was correct that there was a
"4amd
autornobi
one side
le sales
the road
business
on
a nearby lot.
7.11. Slater
Crow it
-
got established.
correct, and
It
is operated by her. Chen. I don't know
has been thorn since I have been here.
I have
existence
no clue
in town
as to how it
records.
occurred. I can find no record of its
Sktpv Schug sat ther-efQre it doesn* t exist.
Z_ O. Slater � it is there.
Cip Grantham � was it there before the ordinance.
Z. CL Slater -° it is possible. I don't know how it gat there.
Clp Grantham - if it was, floes it {Wean it can stay.
Atty
Perkins
- that
would be
could
stay,
but could
net be
one side
of
the road
and can
road.
If
it
existed
on part
rest
of
lot
or adjacent
lot
your proverbial nonconforming use. It
enlarged or expanded, it exists on
not expand to the other side of the
of a lot yt�u couldn't expand it to the
without some infraction.
TB9 -29 -97 Page 15
Supv Schug - wanted to knots if the person before Mr. Chen trot a
permit to put the used car lot across the road.
7.0. Slater
�
if he
did
I have no record
of
it.
It doesn't
mean it
didn't
happen.
As I
said
I don't
know when
investigate the
and
how it
happaned,
Pleas
since I
have no record
competition harming existing
of it. I
had an inquiry
are
not
about
it 9
years
ago and
could
not find
casts down for consumers
anything.
adding
additional
services (such
as 24 hour wrecker service
which
tatty Perkins -
this
application
has not
is talking
about the
appropriate
development use of the
adjacent
properties.
if
it is
applied
to
one xt
should
be applied
to all.
Clp Grantham - under, (d) whether the ume will discourage or hinder
the appropriate development and use of the adjacent properties or
neighborhood. The neighborhood is substantially, if not completely
developed. There is vacant unused land at the rear of tho VCR.
That is what we are addressing. We have findings item #B which
applies to that which is sort of a paraphrase. We don't have a
finding about the other part of the vacant unused land.
Atty Perkins - that is item OR
All
board
members
agreed and accepted
item
#23 (d)
with
the
deletion
illegally.
Clp Grantham
recommended for
a
separate finding.
to
investigate the
• Town Board notes that an existing
used nutemobile
sales
business on a nearby lot
may
have
been established
illegally.
The Code Enforcement Officer
will
be asked
to
investigate the
circumstances surrounding
such
business.
Pleas
of increased
competition harming existing
business
are
not
supported by
pra:of. In fact, additional
competition
may
help
in keeping
casts down for consumers
and
adding
additional
services (such
as 24 hour wrecker service
which
existing
competition
has not
offered).
Clp T. Hatfield - I don't think it is the purview of this Town
Board to determine how much is too much and how little is too
little for the competition.
- Rll indications are that the applicant runs a responsible
business and is sensitive to the needs of his neighbors. No
cornrniLint, suggestion or testimony supported by credible
evidence was offered to shout that the appropriate development
and usm of the adjacent property of VCA would be hindered. The
ToKn Board finds that the appropriate development of the
adjacent property will most likely be determined by the
maIntenarrce of the applicant's bLLsiness prem2ses as opposed to
the nature of the prcpesed use. In that regard the Town Board
may attach conditions to a special permit to guarantee the
assumptions; it bases its approval, on.
TB9 -29 -97 Page 16
Clp Grantham - l want to make sure this gets addressed. It says no
comment, suggestion or testimony supported by credible evidence
was offered to show that the appropriate development and use of
the adjacent property of the SPCA would be hindered. I just want to
look at eome of the letters if people say they won't use the place
because there is some other use to it than that is evidince to
hinder the current use of the property.
Atty Perkins - it depends on haw much weight you give those
Clp Grantham - that is my question.
Clp C. Hatfield - did anybody came right out and say they would
not use it.
Clp Searrtham � that is what l am locking for.
Super Schug
- you earn
get
to the knack of the property
2 ways. One
is up the
side where
the
garage is
proposed and the
other~ is the
far side
of the community
make
center.
A suggestion was
made if it was
requested
that a fence
b�
put up to
eliminate children
from coming
through
that side of
the
building.
A fence would also
preclude the
ability
of moving cars
out
to the
back lot and the
storage
building
owned by the
fire
company
if the Community
center wanted
to use the
front parking
lot.
Supv Schug
- what we
are
trying to
do at this point
i5 not the
entire noIghborhoed,
but
the concerns
of the VCA.
Clp
Grantham
have
- that is
the
is
paint
at the near
I
am trying
to make. It is a hard
po31
to
make
because
it
is
fairly
the
subjective,
development
Atty Perkins
- you
have
already found
there
is
vacant Qnused land
at the near
of the
VCR.
The issue you
art.? trying
to get to is
whether the
uee will
discourage
or hinder
the
appropriate
development
and use
of
the property.
It if
is
otherwise developed
it is really
not in
the
use of the VCA
building.
upv Schug - the use of the building would be because of dust,
fumes,, noise, etc,!, not because of the luck lot. They own the bade
lot.
CIP Grantham - part (d) says whether the use will discoutrage c^
grinder the appropriate development and use of adjacent properties
or r►eighborhood. I think that is different than the dust and
fumes, I think some people were saying that they would be less
likely to use the VCA for community activities if there was a
commercial garage there. We have to think about that.
Attyr Perkins � that is a shot in the dark and a subjective call
that somebody has to make.
/53
TB 213-97
Page
17
all
enters into
it,
Clp T. Hatfield
-
the
are
other- aspect
of that
and could
be an issue
is flours of
operation
VCA
could use
and when the
VCA could
be used
regardless of
what is next
door
to
it.
Whether- the
proposed
use is
i -n conflict
with that and
the
willingness
that.
of the
applicant
to work
with the
VCA and /or allow
him
building
to
move the vehicles
property
an the baci<
lot.
Clp Grantham - I
think
that
all
enters into
it,
but if
People say
that despite that they
are
not
going to use
it
as much
and
p�tevitially the
VCA
could use
it
24 hours a
day
every day
of the
week. They say they
harm
are not
going
to be using
that
and
I don't
knon what to do
with
that.
I think
we have
to think
about
that.
Atty Perkins -
you creed
to think
about
it and
it needs to be
discussed.
You
have to think
be properly waaintained or well
about the
factor
deteriorate.
and the weight
you
showed the
other
comments.
It
ray be a
problem
the
building
on the other~
harm
it may not
be
a problem.
On the
other hand
the property
kt
to the
may depend
on other
factors. Other
what
than the
user
the condition
building
the
it
property
is going
to
look like
it is.
It .is
not
necessarily
it. It is
going
to be
to be kept
in
and whether in
conflict with
it hasn"t
the
stopped
garage_
Clp T.
Hatfield
- and
the
future use of that building. The fact
that it
doesn't
happen
to
be properly waaintained or well
maintained
will
deteriorate.
to the side
of
S"pv Schug
- in
2 dears there
people tell you they aren }t going to do
was a suggestion
the
issue
to
move
the
side
overhead
doors
to the side
of
the building
be ixetter
so the
is it being used ricw, do we have any idea?
front
of
the
building
will
be blank.
and capable
of maintaining
the property
as opposed
to the
Clp T. Hatfield
being
- no matter
what
you
do
to the
building
gust step
it
is
still going
to
look like
it is.
It .is
not
necessarily
it. It is
going
to be
attractive
for
a wedding,
but
it hasn"t
stopped
people
in the
last
30 years
from
using it.
Supv Schug - I are surprised the new fire station doesn't mold a
wedding up there. They could be in competition with the INCA.
Clp T.
Hatfield T
there
people tell you they aren }t going to do
were several people who addressed
the
issue
on the +apposite
when they are negotiating and yet they will
turn
side
and
also station
the cornrnunity+
center
would
be ixetter
served with
is it being used ricw, do we have any idea?
Also
a
strong
neighbor
that is financially
viable
and capable
of maintaining
the property
as opposed
to the
VCA
being
able to find
the
resources
that is
gust step
one„ You
then
have to
convert it,
heat
it,
and operate
it. It is
a substantial
amount
of money&
Clp Grantham , are you saying you discount the comments that these
people Say they wouldn't use it.
Clp T. Hatfield - I car) only spear to the subjective. I speak from
experience.
Quite
often
people tell you they aren }t going to do
something
especially
when they are negotiating and yet they will
turn
around
and
do it
anyway.
Supv
chug •
how
much
is it being used ricw, do we have any idea?
Also
is the
back
yard
being used.
C:
TB9 -29 -97
Page 18
CIP T. Hatfield � that is the other issue_
Attar Perkins - it is net just the back yard. It is the building
that is there,
Clp T. Hatfield - I think we have heard from the people in the
community on both sides of the argument and I don't doubt the
veracity of either side. I think it was well intended in stating
their position.
Fatty Perkins - one way to address it with respect to the way it is
written here is to say these comments have been made and from the
subjective opinions is hard to tell what type of impact that might
have although it may be a factor. I think that may say as much as
you karow.
Clp Br'antha►m - that would be fine, but I think it needs to be
t h erey
Clp T. Hatfield - also agreed.
Supv Schug -
(e) whether a non- residential use ad.jarnnt to an existing
residential use shall be screened by a landscaped buffer or
suitable fencing. Residential uses exist to the East of and
across the road from the existing building. The East property
line is adjacent to a 121 lane owned by Cornell University.
This lane is heavily wooded and provides an existing natural
screen and buffer for the property to the East. The proper^tie&s
across the street can not he screened without creating a
potential hazard to traffic along New York State Route 366 or
those vehicles entering and exiting the premises. Additionally
if the overhead doors to the building are moved to the East
some of the alleged objectionable nature of the use of the
building can be eliminated especially if some landscaping is
then placed near the building_
Clp T. Hatfield -
I don't disagree
with
this
as far as it
goes. I
am gust wondering
if we couldn't
add a Limited
amount of
screening
done out near~ the
roadway without
creating
a hazard. That
was an
issue.
zk(L Slater - it
could be law
shrubs which
would help define
the
entrance.
Clpw 76 Hatfield T correct, given the entrance issue. Would this
be more of a condition we need to add at some point,
4
TBS -29- 97 Rage 19
Attar Perkins - no, it is part of your discussion. You could delete
940ww the words can
not
and
add partially.
The
properties
across the
street can he
partially
using the
VCA. These are
screened without
comments
creating
a potential
hazard to traffic
constituting
and
along
New York
State
Route
366 or those
vehicles entering
if they wanted
and
exiting
the
premises.
This
should be done
With professional
front
planning
of landscaping
to help
Fetter define
the driveway,
building
in
a couple
of
years.
Supv Schug - wanted to know if with these changes the board agreed
with (e) .
All hoard members agrecd and accepted item ##E3 (e)
Atty Perkins -- this would he undor (d)
. The
comwertits that were
offered include
such
as the proposed
use may
discourage some
people from
using the
VCA. These are
subjective
comments
inadequate
of present
verification in
constituting
a4 factor to be
a concwlr^n.
be a
condition.
Do we
have
Sups
Schug W
and /or the
wanted
possibility
if
of
fenci'n'g if
requested by the
VGA to
separate
the back
fencing,
yard from
the
the
side
yard,
This could also
be a
condition.
Do we
have
a guarantee
if they wanted
to use
the
front
doors are going
to be
moved
from the
front
of the
building
to the
side of the
building
in
a couple
of
years.
Mark
Bell -
it wasni t
a
guar ERntee,
it
was JUSt
a
suggest ion. I
guess
it would
depend
if
it would
ease
any
concerns.
Supv
Schug
-
wanted
to know
if
about children
the
hoard
members agreed with Item
#23
(d),,
fencing,
fence the back
buffer strip
the
community center really didn't
and
the planting.
to
Attyr Perkins � questioned the fencing.
Supv Schug
- there was concern about
fencing across
the back.
Them were
several comments
about children
cutting
through
where
cars were.
I believe Mare
agreed to
fence the back
part, but
the
community center really didn't
Want
it fenced off because
to
they
would have
no place to move
the car's
if they wanted
to use
the
parking lot.
They use the
parking lot
now when they
have a
big
party.
Dawn Potter
- the other issue on that
matter
was
the fire
department also
has a building out
back
at the
far
corner of the
lot and they
would need access. A
fence
would
not
allQP4 them to do
that. Thie fine
compmnyr wanted access
to
the building
which they
should gave.
There also is a r -o�?,4
that
needs
to
be kept clear and
I think a fence
would cut off the
r- o -w.
Skkpv Schug I thought there was a comment about young children
goIng through there.
Glp. T. Hatfield - there was. It is in the record, but it Kould
make more sense not to have a fence there_
TH9 -29 97 Page
Clp C. Hatfield - Mark shade a comment there was a play yard out
back and was concerned about the children and he would install a
for =ew
{f} whether- the health, safety and general welfare of the
community may be adversely affected. Health and safety issues
have been discussed elsewhere herein. The general welfare of
the community wkll not he adversely affected by the approval
of the application for a special permit if appropriate
coed i t ions are at t ached. Fkdverse coykf 1 i et s i n adjacent or
neighborhood uses are often the result of mismanagement or
poor maintenance. { C 1 ose monitoring of the conditions of
approval will insure the community will not be adversely
of f eet ed) .
Supv Schtig - normally when we do a special permit we forget about
them here at the board becaurpa we don't hear serious complaints,
but Henry does have a follow up system and does go back and check
on complaints.
7400 Slater we can check any special permit that has been issued
since 198.
Supv Schug - do the hoard members agree with item #23 {f}
All board members agreed and accepted item #23 {f}
Atty Perkins - read a proposed finding: based on the review of
these findings and by analyzing the allowed uses in Section 801 of
the ordinance the Town Board finds that the proposed use may be in
oareflict with the VCA, but by imposing conditions such conflicts
can substantially be mitigated. Such conflict is rot greater
before conflicts existed between the Marna Fire Department which
is next to the VCR.
Attyr Perkins - questioned if the board discussed about the parking
spars.
Clp T.
Hatfield
T� Hatfield
- this
- not yet. We adopted the first and the second
under
17,
18
and
19.
Supv Schug - what mitigating measures should we be taking.
Clp
T� Hatfield
- this
is opposed to the application itself for
the
request
on the
auto
sal€.
Super Schug � w£ would Have to deny the
not UP to us to decide. We would take t
during the hearings and in YJ writing. Loc
doesn't affect the concern so it doesn'
compotition, increase in noise and how
L'onm unity center.
auto sales because it is
he concerns by the people
k at #17 that really
t apply. Increase irM
it would affect the
/,570
/67
TB9 29-97 Page 21
. Clp T. Hatfield - the proposed party walk, would mitigate that.
Supv Schug - no outside work .or repairs outside would also be a
mitigating measure for nolse.
Jim
Slater
Skaiey -
wanted
to know
if the doors would be closed at all
times
to see garage
except
for
ingress and
egress.
Cip C. Hatfield - I don't think I would go that far.
7.0.
Slater
- it
there is
is
not typical
- oanflict with
to see garage
work
doors closed on any
repair
shop
with
with
respect
to
the
summer time,
doors
hardly anytime unless
it is
raining.
of the
This
Rae
is something
for VCR
you need to
parking
consider.
Clp
T.
Hatfield
there is
now
worked on
- oanflict with
- most
work
can
be performed inside as apposed to
outside
of operation
with
VCA ability
to
the
plan with the
doors
open
or closed.
oQt
Jim Staley - I am talking about noise. It seems that is a factor.
Supv Schug - Mark wouldn't he doing repairs outside anyway.
- Vibration -
no more
than
there is
now
worked on
- oanflict with
activities
the
at V094 -
this is
addressed to hour`s
of operation
and the
VCA ability
to
ask or
plan with the
applicant to
move the
eqUipment
oQt
of the
parking area
0 Glp Grantham • wanted to know what was going to be outdoors.
Supv
Schug
- cars waiting
to
be
worked on
and wait i rig to be picked
up by
the
owner. At this
paint
there
will
be no sales on the lot.
Most
oars
would be overnight
Supv Schug
or
one day.
fumes �
no painting
or
bodywork
that the
opportunity
- vpposit ion
to used
car
Sales lot Y doesn't
come into
affect
bwcause it
is not the
Town
Board prerogative
Supv Schug
size of
lot and setback
requirlements - is
addressed
in item
Rae
parking
for VCR
• not an isrue because
parking
will be
- stowage,
of wrecks,
old
tires, parts, and dumpsters
- conflict
pr ~eserrk
an unsightly
condition
-
no outside storage,
no dumpster
only
during construction
how you Can
answer that
OA
denial will
not hurt
the
applicant - not relevant
- new
use should
effect of
proposed use
on
adjacent property
values -
should
not affect
the VCA
way or the other.
Glp T. Hatfield
we
have had testimony
to the affect
that the
opportunity
for the
major impact
on adjacent
property
values is to
maintain the
property.
Supv Schug
-
- loss
of gratuitous
parking
for VCR
• not an isrue because
parking
will be
allowed
- conflict
with
uses of VGA
property
• that addresses future
use here
not the
present. I
don't see
how you Can
answer that
OA
- new
use should
cot -,t in,se to
be not�for-
profit or
public -
would
not have much
of an affect
one
way or the other.
TB93 29n-97 Page 22
Atty Perkins you do have a concrete application before you.
Supv Schug - right, so this doesn't apply because we are looking
at how to mitigate each of the problems with the V01%
-°
spilled oil and "hazardous trappings " is r^egul8ted by DEC
Suer Schug - statements raised in written endorsement to the
apps, i, cat ionm
� reputation of applicant to r%un a good place of business
willingness to cooperate with the VCR
- proposed use compatible with existing str'uctuwme
conditions can be attached to address concerns - we have
just addressed those
- proposed use no worse or different than use by Marna Fire
Departimpnt
- moving doors to east side will enhance aesthetics of
building and its use as garame
Supv Schug - there is no guarantee that is going to happ4tn.
Ma irk Bell - it was discussed and offered.
Supv Schug - do you want to include+ that as part of the conditions
within 3 to years?
Clp Grant h a m - yes, since it was offered,
Mark Bell T I am thq one Kho offered it trying to help the VCA.
Clp T. Hatfield - 1 know it was offered and your can do that, but
the concern is whatever reasons that may prove to be wiser}
something we don't know might let it stay where it is for a number-
issues. I wonder about mandating this. I know Mark is willing to
do j,t.
Atty
some
Perkins
reason
- you can make it a condition of the approval. Far
he can't comply or think i t i s not w x se he can use
back
and
ask
for modification.
Clp T. Hatfield -- agreed to make it a condition within 5 years.
Super Schug
- if property is maintained properly there is no measurable
iaipaAnt on value of reaidentiaal properties. if the architects
decide you should put in shrubs they should be low shrubs
properly maintained,.
Atty Perkins - there should be some kind of professional guaidarrrce
with respect to the landscaped plan and maintained,
Super Schug - you have to remember the VCA side of the building has
a large strip of gy*assy knoll area and a large opening at the
commur►ity center where* they have no defined driveway whatsoever.
If you are going to defkne his driveway, do you want to requirme
the community cerltur^ to do the same thing_
EP 2 9.1997
F 'ca Evans DRYDEN TOWN SUPERVISOR
49 Turkey mill Road
Tthaca, NY 14850
Monday, September 29,1997
Mr, James Schug
Supervisor
Town of Dryden
Dryden, NY 1 3053
Dear Jim,
After just having received " C�1-C�1=.S 1N V R ' T realize that tonight will be the time
when the Board decides whether or not to grant a special variance to Bell's Auto so that
rhey may establish themselves in the former Varna FIre Co- Building. I have refrained
from any comments preMusly for reasons too lengthy for me to go into now,
As you know, I am a member of the Dryden Fawn planning Board. The Board has just
completed a sub - division approval for the "Pleasant Mountain" development. We feel it
is will be a very nice development and as such a real asset to the Town of Dryden and the
hamlet of Varna. 1 believe that having a going Community Association will be a real
selling point for fir. 7Yovanec's planned houses and will attract more young families to
this area - a t need A garage next to the Community Center is not only unsightly and
uninviting, but also a veritable hazard to children who will be using the Center_
T do not know if you are aware of the fact that for quite some years; the Varna
Community Association has become more of Senior Center than a true Community
Center. The present crisis seems to have awakened a community spirit in the young
people of the area, which is really great, and reminds me of the days when otLr children
were young and Howard led the 'Varna Toy Scouts and I the Girl Scouts , and the Center,
which we helped build, paint and keep up In those days, was bustling with life and activity,
The Dryden Town Board has the ability , by refusing the special permit to restore this
building to it's intended use, now that we seem to have Varna citizens willing to work at it
onCe MOre.
Sincerely
Erica Evans
Y Ct l/
V)
E
LL
cl�_
�e
/57
T$9 -29 -97
Page 23
0 Clp C. Hatfield � that would be another issue.
Supv Schug � no, yo-u have a sigrt out front th
helps blank out that portion of it. I think i
out there whether it be painting or striping,
to put in the condition? It i.s ,just painted c
nQN.
at says the VCA which
f there is something
what else can we ask
indazr block right
Board members agreed it should be painted as needed to keep it
presentable.
sign - will have to meet sign ordinance
outside lights - no additional outside lighting other than
low wattage entrance lighting.
Even though no more input, the board did accept a comment from Ken
Finkelstein,
Kerr Finkelstein �
i was here on the 8th, the
last day of
public
comments and there,
were 3 letters, 2. of which
I delivered
and
I of
which I had giver,
to the board members art
the
meeting.
I
did
not
see that letter among
the letter's of public
comment.
One
was
from
Mrs. Dodge and I had
given the Town Clerk
2 letters,
one
from
Beth
Carlson Ganem discussing
the property value as
a relator
and
one
from me commenting
on Mr. Slaters map and
the
issues
that
were
r ;ailed at the meeting.
Z.O. Slater - all
3 letters were received
and
in the
file
because
I reviewed all of
them and mane notations
on
them.
Supt/ Schug - that was the idea of extending the time so everything
"ogle be receIL Veld
.
Attar Perkins - you may want to make {c} a separate! findln!g.
Ken Finkelstein � with th B letter frow Mrs. Dodge you now have a
letter from everyone who adjoins the property. From Mrs. Snow, the
VCA, from myself and Mrs. Dodge.
Letter from real estate - all issues have beam addressed.
fatty Perkins � item #17 the unmitigated uncontrolled use of a
commercial property as an auto repair shop is likely to be one of
the most damaging commercial not for profit use of the property.
That is ore of the topic of a concern raised in written opposition
to the arppl ICation.
C I p T. Hatfield - so that should be taken into consideration. This
has been addressed in several places of our findings and of the
conditions imposed. It is not unmitigated and not unconditional.
This will. be under #17,
I.
'T'OWN OF DRYDEN : TOMPKINS COUNTY
STATE OF NEW YDRX
In the matter of the application of
Mark Bell for a special permit for
the premises at X45 Dryden Road
(Tax Map Parcel 56- 5 -8.1)
REVISED AND APPROVED
FINDINGS
September 29, 1997
The Town Board of the Town of Dryden in determining the application
referred to above deterrines:
1. Section 1303(1)of the Zoning ordinance of the 'down of
Dryden(herein the ordinance) imposes certain requirements
to be included in an application for a special permit.
In reaching a determination the Town Board must consider
whether such requirements have been met. The Town board
finds that such requirements have been substantially
complied with. The only exception being that no legally
recorded description was submitted, although a survey map
showing and defining the property was furnished and the
Town Board deems such map sufficient for the purposes of
the application.
2. A public hearing was held by the Town Board on August 1,
1997 and continued on September 2, 1997. The hearing and
continuation thereof was properly noticed according to
the requirements of the ordinance. All interested
persons were allowed to speak and the Town Board accepted
written comments following the hearing.
3. The application is to use the existing building at 945
Dryden Road for, "automotive repair and related
associated uses' and ...including a light duty towing
service and auto vehicle sales ".
4. The property is located in a RC zone. Section 802 of the
ordinance allows gasoline stations and commercial garage,
by special permit. Auto sales is not mentioned as either
an allowed use
Automobile sales
Ordinance section
an application to
sales as part of
applicant can set
Appealsw
or use allowed by special permit,
are an allowed use in a M -A zone.
1202(8). The Town Hoard cannot approve
allow auto vehicle sales or automobile
the special permit application. The
relief through the Zoning Board of
1
5. Commercial garage is defined in the ordinance as
"Garage - Commercial. An enclosed building used as a
business for the indoor storage or repair of motor
vehicles influding painting and the sale of parts and
accessories. A junk or salvage yard is not to be
construed as a garage."
6. The proposed use is a commercial garage. A commercial
garage necessarily may involve a tow truck. The
applicant stated there would be no long term storage of
any vehicles such as towed wrecks. They will be towed to
his secure storage lot in Dryden. The applicant does not
intend to use the building for body work or for major
repairs so there will be no £ones or noise associated
with such activities.
7. The most
recent
use of the building
and lot was storage
and maintenance
of fire trucks and rescue equipment and
for Varna Firs
Department meetings
and training. The
property
is privately owned by
a not - for - profit
corporation.
Such use generated
traffic, noise and
flashing
lights. Parts of the lot are gratuitously used
for parking
by
the adjacent Varna Community Association
(VCA).
8. Except for a vacant area at the rear of the VCA building
the neighborhood has been substantially developed.
90 The neighborhood is a mixture of commercial and
residential uses on a primary roadway. There has been a
change toward more c (>mmercial development and rental
property.
lo. The neighborhood property most impacted by any change in
use will be the VCA. Potential impacts include noise and
lack of gratuitous parking spaces.
110 The applicant requests lousiness hours of 7:00 a.m, to
5:00 p.m. Monday through Friday and "i:00 a.m. tq Ion p.m. Saturdays. Very few conflicts exist between the
proposed business hours and the current time VCA property
is in use. Specifically,. there is no conflict on Sundays,
Mondays, Wednesdays or Fx•idays. Tuesdays present the
most conflict with Senior citizens meeting monthly curing
business hours and Home Bureau meeting bi-monthly.
Thux•sdays during the winter m nths (for 1 hour) there may
be a conflict (5 -6 p.m.) when VCA soup and salad suppmxs
are held. Other potential conflicts are on Saturdays.
F
5
12. The applicant has indicated a willingness to voluntarily
offer additional parking to the VCA when needed with
reasonable notice.
13. No improvements to the Town's infrastructure or the cite
are proposed.
144 The number of potential vehicle trip ends is not
subtantially different (either less or greater) than the
ci.= ent number to warrant further study or create any
additional traffic hazard.
15. (a) The Tompkins county Department of Planning found that
the proposal will have no significant deleterious impact
on intercommunit, County or State interests.
(b) The Tompkins County Department of Planning also
voiced a concern that wide and undefined driveways cause
unnecessary confusion for motorists entering and exiting
the site. This could be dangerous
along New York State Route 366,
16. The Town Board received written comment both in favor of
and opposed to the application.
17. Concerns raised in written opposition to the application
include:
- another commercial gauge ire the vicinity
- increased competition for existing garages
increase in noise
- vibration
Y increase in traffic and resultant dangers
- conflict with activities at 'VCA
- fumes
- opgasition to used car sales lot
- size of lot and setback requiremer;ts
Y storage of wrecks, old tines, parts, and
dumpsterEa present an unsightly condition
- denial will not hurt the applicant
KI
18*
19.
- effect of proposed use on adjacent property
values
loss of gratuitous parking for VCA
conflict with uses of VCA property
new use should continue to be not- for - profit
or public
- spilled oil and "hazardous trappings"
the unmitigated,
commercial. property
likely to be one
commercial but not
property
uncontrolled use of a
aE�; an auto repair shop is
of the most damaging
industrial uses of the
i comments received by the VCA were against the
application yet manor individual Board members
of the [ACA wrote supporting it
Statements raised in written endorsement to the
application include:
- reputation of applicant to run a good place of
business
- willingness to cooperate with VCA
- proposad use compatible with existing
structure
- conditions can be attached to address concerns
- proposed use no worse or different than use by
Varna Fire Department
- moving doors to cast side will enhance
ae-sthetics of building and its use as garage
- comments receive -d b the. VCA were against the
application yet many individual Board members
of the VCA wrote supporting it
Comments raised at the public hearings (other than those
already stated) include:
- increased risk of fire
11
Y use of property as a commercial garage may
diminish number of people wanting to use VCA
unusual sudd8n interest zn VCA (apparently
brought on by this application)
- New York state Uniform Fire Prevention and
Building Code permits use with interior fire
wall to he constructed
- use of
property
by
VCA
as
day
care center
would generate
more
traffic
than
proposed use
noise from site acceptable if generated by a
not- forYpxofzt activity
- use
of
property as a fire station
is really
use
as
a garage
20. Section 800 of the ordinance does not create or restrict
any uses or establish any standards.
21. The building and lot at 945 Dryden Road existed prior to
adoption of the ordinance. The use of the building and
lot by the VFD was a conforming use. The proposed use by
the applicant is for an allowed use by special permit.
No part of ARTICLE XVII is applicable to the present
application.
22. (a) Since no change in the footprint of the building is
proposed the Town Board and the Zoning Board of appeals
do not have to address the lot coverage and setback
issues. parenthetically, the Town Board notes that it
would be impossible for any purchaser to comply with the
requirement of sections 803 and 804 of the ordinance and
expressly rejects the suggestion that the only purchaser
of the lot who can bring the lot and building into
compliance with the ordinance is the VCA.
(b) The applicant needs six parking places plus one for
each employee. Eaten if the applicant ohserves a 15 foot
side yard set back this can he accomplished
23. A constant theme addx-essed by those in apposition to the
application is the future of the VCA. Many have
suggested that the application should he turned down so
the VCA can purchase the property (or at least be put in
a better position to push the VrD for acceptance of a
purchase offer by the VCA). It is not the province of
the Town Board to interfere with parties who wish to
contract for the purchase and sale of real property. The
R
Town Board should not deny an application simply to give
a third party an opportunity to purchase. Unless the
present application is withdrawn the Town Board must
consider the application on the merits and on the facts,
without emotion or being swayed by pleas for
inappropriate and illegal. actions. The applicant has
faithfully and diligently pursued approval and has
responded to all legitimate requests and concerns.
244 (a) if property is maintained properly there is no
measurable impact on Value of residential. properties .
(b) Risk of conditions impacting residential property
values is present whether this application is granted or
not and is present even if property owned by VCA or used
for residential purposes (key is maintenance of
property).
25. Section 1303.(2) of the ordinance requires the Town Board
consider several factors therein set forth when making
its determination:
(a) See #1 above.
(b) Whether the location, the use and the nature
and intensity of operation will be in conflict with
the allowed uses of the zone or neighborhood. Sae
Vs 3,+4,5,6,9r10,11f12,14r20,214
(b) Based on a review of these findings and by
analyzing the allowed uses (Section 801 of the
ordinance) the Town Board Finds the proposed use
may be in conflict with. the VCA but by imposing
conditions such conflict can be substantially
mitigated. (Such conflicts are not greater than
conflicts existing when VFD was next door to VCA)w
(c) Whether the use will be more objectionable or
depreciating to adjacent or nearby properties (by
reason of traffic, noise, hazard, glare, flashing
lights cr disposal of waste or sewage) than the
operation of the allowed uses of the zane.
- traffic. No significant effect.
Applicant submitted letter from traffic
engineer,
- noise. No significant change. VFD
produced noise not associated with
applicant's proposal including sirefls,
claxons and diesel enginee. Applicant's
6
noise will be indoors and of short
duration. Keeping garage doors shut will
help in confining
noise
as will
the
construction of an
interior
party
wall.
constructed.
- vibration. Not an issue. In fact more
vibration likely from heavy fire trucks.
-dust. Not an issue. Parking lot paved.
No body work proposed.
- fumes.
especially
painting
No proof this
with no
or bodywork.
will
diesel
Also
be a problem
engines,
with respect
to VCA
a party wall is
to
be
constructed.
- smoke. Not an issue. See "fumes ".
-odor. Sea "fumes ".
- tire. Only raised once and no proof or
suggestion how a licensed motor vehicle
repair facility will be a fire hazard.
(The Town Hoard rotes this is especially
true since no painting or body work is to
be done on site) . Building has fire
alarm to aid in early detection.
- hazard. Only identified hazard is
traffic and Qndeffined driveway which
currently exists. See also # 14.
- glare. Not an issue. No outside lighting
proposed.
- flashing lights. Likely to be some when
wrecker is returning with a towed
vehicle. Less intensity than VFD.
- disposal of waste. No wrecked vehicles
to be stored on site. Parts, tires and
refuse can be stored inside or in a
fenced or screened area not visible to
residential properties.
=disposal of sewage. Not an issue,
munir,ipal.
(d) Whether the use will discourage or hinder the
appropriate development and use of adjacent
properties or neighborhood. The neighborhood is
Vi
® substantially, if not completely developed. There
is vacant unused land at the rear of VCA.
Town Board notes that an existing used automobile
sales business on a nearby lot may have been
established illegally. The Code Enforcement Officer
will be asked to investigate the circumstances
surrounding such business. Pleas of increased
competition harming existing business are not
supported by proof. In fact, additional competition
may help in keeping costs down for consumers and
adding additional services (such as 24 hour wrecker
service which existing competition has not
offered.)
All indications are that the applicant runs a
responsible business and is sensitive to the needs
of his neighbors. Comments were offered to the
effect that the proposed use may discourage some
people from using the VCA. These are subjective
comments incapable of present verification but
constitute a factor to be considered.
The Town Board finds that the appropriate
development of the adjacent property will most
likely be determined by the maintenance of the
® applicant's business premises as opposed to the
nature of the proposed use. In that regard the
Town Board may attach conditions to a special
permit to guarantee the assumptions it bases its
approval on.
(e) Whether a non - residential use adjacent to an
existing residential use shall be screened by a
landscaped buffer or suitable fencing. Residential
uses exist to the East of and across the road from
the existing building. The East property line is
adjacent to a 12' lane owned by Cornell University.
This lane is heavily. wooded and provides an
existing natural screen and buffer for the property
to the East. The properties across the street can
be partially screened without creating a potential
hazard to traffic along New York State Route 366 or
those vehicles entering and exiting the premises
with professional planning of such landscaping
which can also help to better define the driveway.
Additionally if the overhead doors to the building
are moved to the East side of the building some of
the alleged objectionable nature of the use of the
building can- be eliminated especially if some
landscaping is then placed near the building.
8
(f) Whether the health, safety and general welfare
of the community may be adversely affected. Health
and safety issues have been discussed elsewhere
herein. The general welfare of the community will
not be adversely affected by the approval of the
application for a special permit if appropriate
conditions are attached. Adverse conflicts in
adjacent or neighborhood uses are often the result
of mismanagement or poor maintenance. (Close
monitoringf the conditions of approval will help
insure the welfare of the community will not be
adversely affected).
6
TO VN OF D YDEN @ |:RYDEN) NEjV YOR1
e EAST MAIf4 STREET- B1 NEA rjmg
m B -9 1m z e IW «o the I bzgm1Lakes Re ire
m wG AI m UIUK3 c E ENF CEO N,
na[c& October 20th. 1997
Ig= mark Sell. Bell's Auto Ease
lie N. Street
Dryden. New York 13053
FE: een <H.rlOR6 of approval,
Please he advised, tfat your a[Lached permit is conditioned on
conpl£ance with the following Conditions of approval that were
established at rgTIclusion of the public hearing held for your
project request.
Attached
E.
Tompkins
Schug,
are
several
SGgerviecr
of Planning
documents,
which
along
with
the enclosed
Special
Permit,
are
the
eutboeiration
and conditions
of the
Special
Permit,
granted
by the
DEyder
Town
Board
on Monday
September
25th,
1997.
Very truly yours.
Henry M. Slater, Codes O££Icer
CC: James
The
E.
Tompkins
Schug,
D=¥den
county Dept.
Town
SGgerviecr
of Planning
Susanne
Lloyd,
Dryden Town
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TOWN OF DRY EN • DRY EN, NEW ' YORK
65 EAST MAIN STREET, DPYDEN, NNW YORK 13053
X07- $44.9120
ZONING & BUILDING CODE ENFORCF;MEM-
Tar.ol rS -; 7
Rage 24
In the Heart of the Finger Lak(%5 Region?
PTMD1
flai 'f- Ilk field �fl're the f1l�swil5q re7k! +i it: r'nri to =1.[d f`w,r il:
adop k; ] nn
RI-_S 11„VED
f1
for"
irra},Lr�%d
tYset
d and
a s PC
with} t
ba5;r2.d on t
�Y��rnVCd f-.i
ciai pel%mi.t
he f,�I Iblei1r
he foregoinrj tinr;in -
nd i rigs all t ach9d I The
fni% the pi %emiscs t,
Ard L1 rt0. 1`1F1.inAt l�Ti.
3ppl;.cati.on 17Nf Ma.7 -kr
1745 QrydCbn f?.:}ad is
- th.iF spcctrl pr }•raikl di,+14.i not. perrnil! autnrnobalc sa11gzi
- rLQ T-tor7gq of o.t this, 1 -c�1 inn
nb �tnrtge ol� vehiclss other than thase rwaitir,11 to 11e
ru.paiY'e =d 019 l-rPair-ed w,aitinq fl-ir I3i�lt�,,n
#,a'r rl- Tihokgld hfa n^ ^Litside storage of paot -S, t7res, rel f•41ciie,
etc"
n� bodyul: %• `qt or pt inn inq
- n.:n outside repairs or work
the repair business h1 =.trs Lirni,ted to 7 -.01 1M tQ
t9tirourlh F� iday ar i 7;00AD1 tQ 1- +?9F'M c:Ln S2 Slirday-
-' ,Z;l7licant roti+sl pr-eont tic, thr_ cQde enfc•rc -ii n #,
t�nrf_capc plan f.Dr• t'h area reran` the e�dqe of k'he
pram ial ly scr'P-en the Y'C_ .i.d{ ni; i 3l pr(-.,p,?rt ies and.
the di-iveway. Ths 1,c -..nd5Crj.µirg i ;o tDii riapltaced and
OfficeF°
marl to
hc�iF def'iric
101i:7tai lie, �? -T%
neT.Q<:u ry-
- tl:ui aippiicarst is to kvk'rE'. with the yCA tin prQ \•j d?
pAklcinr, fa }- them Ur'01"I r�vv.5rrr}ab1.e rr,i:ice by }hPm
- t1'se L'sual "nii ilrr Platr: Qnnditiars" 4'.7doptr-_d 7 °170
- th-21 sxti�ri or OF the p1';jPfyr'LY will tre rnaiY twined
aT, r`��ded to keep it in is prvseritable cor•dditicm
a Cl d 11; x :}'ti '.1
and pAiinted
- t1,e�e ;veil hry rl� 43dditiC, r,al o de lighti hcr t Ill an ]oll,
tar v, en *.r2ric 1 i.ght iri-q
- astir sign i3 L13 IMP i }i �cin7 Q?%n,ance lwith Cho tnwrF zonFr.r)
nrri na1'nr'F_'
this vpecinl PC.519xit ar)plies to L-hi= applicant Qn7 y affr i_.
nQt L"r`a'nSfQre 7r1v
curl Clp 1,_ Hat fi0ld Rti.1ll c ELI 1 •i;;trs
iv 1 I,1 Gr a r i h am - NP
C IT3 7 -- !4at'fiPid - Yis
Cap C' Hi-)tfiL�ld - Yes
Gi,nv Gcr,i.tg - Yen:
Rr_•C7L�ta� Inra ll lfa!r �ar.C:��F' C SCC? Cnr- FORM
I)r=GnTTVF. 15r'r;1 .nRQTION - 1)FIUm AUTO
I.' !{;1 C. Ha'=fi01d 6CfQre6 L•hn fb= .11.= .tiwi1•g resvlutiOn ann aL�.IceCj f,_ik` its
radopt iory=
`tl"!3`]LVCiI, that this
by th1t ap, licai k. It
environoient2l impact
2nd CIp T. Hatfield
Adi lnul %necl ; 11) 0 1 `iplT4
SU LknrFC Lloyd
Dryden TOrxri Clerk
T, --,t,rr �3c, }•d t.cc:ept the SEOR
was detcrmined thure was n
arid a rapativr-: declar aL-igln
Poll call vqt e -
1 "AF form as f i l od
;lgrifiC.,l•4
Should be a,at'1a_
all V {it inr3 `(L:S
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: Mark Bell, DBA, Bell's Auto Care Board Action Date 1(1 -2n -A7
Action :Establish Auto Care Fac i 1 i y Site :945 Dryden Rd. Tc,wn nf nryden .
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. Granted 9/29/97 by Town Board, Town of Dryden
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.
59 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. Items 2 -8, ,hall be applied as necessary.
At a Public Hearing held 8/1.2 & 9/2/97 The
Approved the above application based upon
well those attached. By this document, I
decision and make it available to public.
cc: ..XZ.Applicant
XXTown Clerk
XXTompkins County
XXJames F. Schug,
BY:
Dryden Town Board
these standard conditions as
make a record of that
Planning Department
Dryden Town Supervisor
14-12•7 =Z k
617.21
Appendix F
Stake f~nATOnmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Nan - significance
Project Number (SP-5 -97 )
Date 10/20/97
FOR
This notice is issued pursuant to
Part 617
of
the implementing regulations
pertaining to Article
S (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: Establish
Structure.
SEOR Status: Type I El
Unlisted El
Conditioned Negative Declarati*n:
Description of Action: Appl
stru
main
will
ommercza7, Garage,
El Yes
Q No
icant desires to
cture, the forme'
tenance facility
also be uesd as
within existing masoni:y
convert an existing Masanry
Varna Fire station, to a light
for auto motive vehicles. Faci1iz ty
a base for a Towing Service.
Location: (Include street address and the name of the mun+cipaIItyfcounty. A location map of appropriate
scale is also recommended.)
945 Dryden Road Ithaca., New York 14850 - within the Town of
Dryden. Attached is a portion of the Offical Town Map which
indicates the site.
FOR Negative Declaration
Page
Reasons Supporting This Determination:
(See 617,6 (g) for requifements of this determination; see 617.6(h) for Conditioned Negative Declaration)
The Town,after
reviewing
the
application
and
5EQR Document;,
determined
No
Significant:
Environmental
impact
would
result: if this
project
were
to be
approved.
Based on
their
analysis
and conclusion,
the Board determined a Negative Declaration was appropriate.
r
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed,
For Further Information:
Contact Person: Henry M. Slater Codes Off icerr Town of Dryden
Address: 65 E. Main Stceet Oryden, New York 13053
Telephone Number 607 -844 -9124, 8.00 AM tJ.1 3. 4:00 PM Monday - Friday
Fax inquiries: 6017 °844 =9599, as necessai:y.
For Type I Actions and Conditioned Negativo Declarations, a Dopy 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 polI #ical subdivision in which the action will be principally
located,
Applicant (if any)
Other involved agencies (it any)
The Tompkins County Planning Department
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TB9 -29 -97 Page 24
RESOLUTION ##163
offered
FINDINGS
resolution
AND
DETERMINATION
SPECIAL
- BELL AUTO___
PERMIT
-
MARK
BELL
Clp T. Hatfield
offered
the following
resolution
NEGATIVE
and asked for its
adoption:
- BELL AUTO___
RESOLVED,
that based on
the foregoing
findings
and determination.
A revised
and approved findings
attached.
The
application of Mark
Bell for a
special permit
for the
premises
at
945 Dryden Road is
granted with the following conditions:
this special permit does not permit automobile sales
no storage of wrecks at this location
no storage of vehicles other than those waiting to be
repaired or repaired waiting for pickup
there should be no outside storage of parts, tires, refuse,
etcu
no bodywork or painting
no outside repairs or work
- the repair business hours limited to 7:00AM to 6:OOPM Monday
through Friday and 7:00AM to 1:00PM on Saturday.
applicant must present to the code enforcement officer a
landscape plan for the area near the edge of the road to
partially screen the residential properties and help define
the driveway. The landscaping to be replaced and maintained as
necessary.
the applicant is to work with the VCA to provide additional
parking for them upon reasonable notice by them
the usual "Boiler Plate Conditions" adopted 7--90
the exterior of the property will be maintained and painted
as needed to keep it in a presentable condition
- there will be no additional outside lighting other than low
wattage entrance lighting
the sign is to be in conformance with the town zoning
ordinance
this special permit applies to this applicant only and is
not transferable
2nd Clp C. Hatfield Roll call vote -
Clp Grantham - No
Clp T. Hatfield - Yes
Clp C. Hatfield - Yes
Supv Schug - Yes
RESOLUTION
##164 ACCEPT
SEOR EAF FORM
NEGATIVE
DECLARATION
- BELL AUTO___
Clp C. Hatfield offered the following resolution and asked for its
adoption:
RESOLVED, that this
by the applicant. It
environmental impact
2nd Clp T. Hatfield
Adjourned: 10 :15PM
Susanne Lloyd
Dryden Town Clerk
Town Board accept the SEAR EAF form as filed
was determined there was no significant
and a negative declaration should be made.
Roll call vote - all voting Yes