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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 '' - 4:;]•RI': -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 '' - 4:;]•RI': -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 - - -'r .'L a ._ r1 _, .}. 1M1' r - '} " -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 .1�1I Bo t- j / T SUE150 CON 45rAli�,lm� �.L (4IJ rtj y 40 Co AJ 1 n M 1Y 4 t IA VCIAD 74 0= 0 'E war 916. ►: ry �* y � l Lj.G .fir IL owe Alf • +x lo-'`{ Q Z LJ �' w r. �� '+ LL w fo uj 10 T- .t rj tj L > Q � �•I :£ j Y� yr+pJ� }_:�1 7 1 w 7 l � 1 A EXALT EMT F } }/ % I� VR ippRVL yI l ,1�3 pa 4 .j ..--jI + 1.[1 . k r TO c. FA E- E KT M T, PLEAS AKT, FP' M Z�' +J L c 3 L N 4 a c x � }t L W 3 } w5 L t - N r L #+ C. t � Y �1 L C L'- o in cl c c c 0 w E c ., po tma� q � R L E ar E ri W ` M 5w Y 0J 1- b Q L D o - 1 4 PIPE + JLJNO �4 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 qm r Y/z y/9 2 X f �_ ,;�-. v �__���.�.. •.�'. -Q -- -.use --- �� IL �- .._/ !� _!/_ Gt!r�,.C.�c._ (�C•-/vziY�LI�C -a4�`� � - -� -- - -s - - � - vGf U - �- �'�`�c77,t_CG -G� �--. -L C_cL•ii. ,.Gt�a.� -o - -- — � ��� �eLe -.G.e %, X2.1_ ✓_ 'e, ' -(r►'l ,..iCiS,c. iV CC-'flc- a�L.t. �F.i'^t��i C.ttiO�...�'�. /.!�';•. l/�.ub� �• sec ,�,,;, . �L_c� -cam —�� �,.� -t,�,_ iJ-�'- ..c_�.� C�:c. •- Q— �!L� -�_. r YZ f•L4 Z1- �-.u= Li r 4e J% Je �(,�._.v�IJ ..a�!/'� �`r ✓✓Le %,.Jo�c -C jli'G+li�'%!J -�� 1�vuc.- btt.ciz� -cJ d.— ,�Cr•,.�,�,���- �:.�.�__(,j�t�t `�t� --b. 71- e --c-�� �. G�-tJ Q�- �✓LC u a- �c -c-c� N ;i 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 4 H mill LL 3 o ..tip• � v�°'�' �"t.c1^� -L_ �T1 C�/Z��i .i "zo cl ;5L r RECEIVED SEP - 4 1997 DRYDEN TOWN SUPERVISOR 00 cw� ooe 0 r �S/V1� ' ��t- �- �- -�k... ��- �'.L`-�CC � ='� .✓icy �� •�C,�'t —� �-� -E•« .jL42.,j�k ' JV� Z4� t 0&44 vi -ice o! j .4-. � . r 1 r 1J-✓t —iz ..=— 1 ilia v �. G - U 0—CY7•vt�^e v g 1 ` v�__ ctoz . d /Ci / �� -°",�Z •'C.- .�`-rn.�.' �.t.a -'y" � 1�'`�t. m q' 1 yA oaf- f�UOO� i /s 3 -� y �•catic..n�. %•, a ��-1.v it'.�� a ✓�, � Vic... c/�,s�� �.� Vw I .r 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 supervise -: .. cu ri CD C7�CL �o_° -mac � .�• < QCED 0tn^?��- mw c f CD n v�rnrnv�.��c�w�7Cjw��c -ty r+, c c c,c%.- y C) t%.) AO��t .awT�— ?'r• v0nLnN -- rcrn.rn P"c� C7C7�G0 i7GC7� o ►, c`o c%.NNcr. C. 1D r. T C�. ��„ c��� v:cnrr ° ° C7v`<,< c a Gro'vCJ m n"'7 ►�'- :. D rte. .� co ry F' t- d `2 ry ° CL' co 0 o o�^ o c o Cry n G � n =1 () CO) pm' P � • l%i 7 r omi .. I V r U Q c� c cr y, o 'r t --! • � C/7 C/7 Cf7 ';Z rte. !�. l� r * � o {', fC if} L' C7 f3 C: fD #'p S? ? e'] C4 {r { ?7 !➢ ,� _ k. G Q C 0 S z' � � l7 `-C C4 �{ '� C' Kp 0 {'� ' -+ CEQ ^— rb 1--1 4 i � J FT5 � �%f � �y •{'S Yy�.�l FM1 Fi � � i� � � �. f V f4 rH r � /'R 4 •�� l � �."yM1 �.l i .{�p1 V I'� � � � � • 'i � � F'5 � ry /if�i � � � }r1 .-� �C 9 G �� � i r r J1 Cx. C n M— h (9% OC fm 1] LA U) D T 1 1 1 N O Ljii ji N tJ 0 41 G`% %LD �J G r ^� '.a3 '} N W u] i J `i � 1 J C L` }1 CfJ 04 Vl h3 i�1 I-I G :.� '-• ►%, Lam"+} a, C VMgvL Yr {_n 4n 0 r' "f Cam? m 'M1- Cam? fp n a e. 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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; � -T�q 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 Clcrk e� O ftb C .D i O C 0 F-- r•1 U) rA +-i r�J v� r-� {J S-� d) • ri U a) (•1•a CA w 4.) t-� `tom (D U 0 t.j r-1 U) Q) rro a� M U', ai ul r� rn A r-1 G1 i4 ro C) t, (U wi roi U O 4j ^i rt 00 F ro a ro .r., a� 0 4--i v f r 0 Fi N s 41 rn N �4 N E v 41 0. (D U) r O ro 0 w m ro ro O as N 4J ra O ro c O u N .,-1 r-I U w r� (/) v 4-j r, ri 4J O N N O 4J u O Q) t.J CL3 p b O 54 Ill 44 O O .r., +J .H C O U ri ro v a, Q1 4f v u ro ry v U ro 4J 4J a 0 CIO 0 I r—,1 ^ U l u ro O •rl rl 4-1 ro ro > w 0 ro w U Q, ro rol ra m Ol 4-1 W to W 0 N 4J ro 0, w i QJ (v 2 �4 a) M 'U 'o in ro o u ro a > WQ O w O CL 4J a � u v ro 4.1 (Ti ul rI 41 a E O O a co r M O V r! c ro � •r� 41 ro N ra ro v � v •J m .a .4.1 r-A 44 M 0 J W U L� 0 bf) .r 0 Ml hili 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 i 1 I I n 4 z IN 2 2 4 r. " } 4 _ ��1. ;. 1. }♦ 'i jr lu f I I f� }I 5 y r H F 1' �a e SHORT RD DR r. r � SUiaSC I. W[�,1 S WL'ST I C[H, li A4L +'k rx; of Y L t ,�r illNa�JE rJ r. �,,�,, 1 y 5U iU rrNY F. �, 7 }; Iru TEI-0u ' I: ILI rq �I a f: i�x�xY ry I' vy H F 1' �a e SHORT RD DR r. r � SUiaSC I. W[�,1 S WL'ST I C[H, li A4L +'k rx; of Y L t ,�r illNa�JE rJ r. �,,�,, 1 y 5U iU rrNY F. �, 7 }; Iru TEI-0u ' I: ILI 5 w� 11 II dll all SHER ON 11 I� �r 11 I I II w WTI 1, �11 OR �C- o�le�cl,. 4.HiCKORY 4R } R6 z v. �� 109 3 1 Y4� 'I h I Pir {r, �I wopDS ROAD 5. ' .. WOuNT % 1 Im M1 rq �I 5 w� 11 II dll all SHER ON 11 I� �r 11 I I II w WTI 1, �11 OR �C- o�le�cl,. 4.HiCKORY 4R } R6 z v. �� 109 3 1 Y4� 'I h I Pir {r, �I wopDS ROAD 5. ' .. WOuNT % 1 Im M1 160 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