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HomeMy WebLinkAbout1998-07-14PH 7-14 -98 • TOWN OF DRYDEN PUBLIC HEARING JULY 14, 1998 RE: LOCAL LAW "ENDING LL #5 -1992 Supv Schug opened the public hearing at 7:30 p.m. He explained that this local law has to do with pollutant limitations. We originally adopted a local law regarding pollutant limitations in 1992 and it took the Department of Environmental Conservation until now to come back to the sewer plant and let them know that the Department of Environmental Conservation would like some changes with respect to the pollutant discharge. These are slightly less restrictive than what we had originally specified. As a result, we are amending the law. Those within the sewer district are bound by these limitations. It affects mostly businesses, and will not affect the average household. *tab Supv Schug inquired whether there were any questions regarding this and there were ®® none. At 7:34 p.m. this public hearing was left open for further comment. At 8:00 p.m. Supv Schug inquired if there were any questions or comments. There were not and the public hearing was closed. Page 1 of 3 PH 7 -14 -98 • TOWN OF DRYDEN PUBLIC HEARING .JULY 14, 1998 RE: LOCAL LAW AMENDING LL #6 -1992 Supv Schug opened the public hearing at 7:34 p.m. He explained that this local law concerns sewer use requirements and was originally filed in 1992 and we only recently heard from the Department of Environmental Conservation regarding changes they would like made. The changes are minor, but it is necessary to make them. none. Supv Schug inquired whether there were any questions regarding this and there were At 7:38 p.m. the public hearing was left open for further comment. At 8:00 p.m. Supv Schug inquired if there were any questions or comments. There were not and the public hearing was closed Page 2 of 3 PH 744 -98 TOWN OF DRYDEN PUBLIC HEARING JULY 14, 1998 RE: LOCAL LAW AMENDING LL #S -1989 Supv Schug opened the public hearing at 7:38 p.m. He explained that this local law has to do with the designation of the head of the Department of Public Works. This was something that we changed about four or five years ago without changing the law. It was a mistake that we made and it was pointed out to us as something we should straighten out. Supv Schug inquired if there were any questions or comments with respect to this and there were none. At 7:41 p.m. the public hearing was left open for further comment. At 8:00 p.m. Supv Schug asked whether there were any further questions or comments. There were not and the public hearing was closed. Page 3 of 3 TB 7 -14 -98 • TOWN OF DRYDEN TOWN BOARD MEETDVG JULY 14, 1998 Supv Schug opened the Town Board meeting at 7:42 p.m. Board members and guests participated in a moment of silence followed by the pledge of allegiance. Roll call by Town Clerk Bambi Hollenbeck proved the following in attendance: Cl Ron Beck, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deborah Grantham, Supv James Schug, Atty Mahlon R. Perkins. Upon motion of C1 T Hatfield, seconded by Cl C Hatfield and unanimously carried, the minutes of the meetings of June 9, June 23, and July 1, 1998, were approved. CITIZENS PRIVILEGE OF THE FLOOR Bill Frank, of Etna - presented a petition signed by residents of the Town requesting that the intersection of Etna Lane and Route 366 be made a four -way stop. Supv Schug explained that the Board would do a resolution and send it to the County. If they agree, they will forward it on to the State because that is a State highway. They will look at it carefully and it may be six or eight months before we hear back. Bill Frank - The State has previously reviewed the situation and installed flashing yellow lights on 366 at each edge of the hamlet, asking people to slow down to 20 mph. It seems that no one pays attention to this. Some residents have suggested a stop light, or reducing the speed zone from Route 13 all the way to Freeville. Supv Schug - He spent some time monitoring the intersection and agreed that no vehicle passing through the intersection seemed to be going 20 mph. Bill Frank - Explained the difficulty that pedestrians have walking through the intersection from Etna Lane. Supv Schug - We will make a resolution recommending the possiblity of a 4 -way stop at that intersection, or whatever the state engineers feel is necessary. RESOLUTION # 163 - INTERSECTION OF ROUTE 366 AND ETNA LANE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby requests that the intersection of Route 366 and Etna Lane in said Town be made a four -way stop, or that some other action be taken to insure the safety of its citizens when driving through or walking through said intersection, crossing Route 366 from Etna Lane being particularly hazardous, and it is further RESOLVED, that the Town Clerk shall forward a copy of this resolution to the Tompkins County Highway Department for appropriate action. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Page 1 of 27 TB 7 -14 -98 Mike Lane - He has recently spent time at Dryden Lake Park and was pleased with the large number of people fishing at the piers and picnicing in the park on both sides of the dam. He felt the park looked particularly nice and the Town and its DPW employees are to be commended for that. He commented on the article in the Dryden Courier written by someone who had recently discovered the park. He feels the park is something we can be proud of. COUNTY BRIEFING Charles Evans - The County Board passed the Childrens Assistance Program (CAP). It is a program for adults who have children to allow them to earn a higher wage than they normally can on social services and also to continue for a longer period of time their medicaid benefits if they agree to work their way off of welfare in approximately 18 months. Feels it is a valuable program. In the past people could not afford to lose these benefits and so stayed on welfare for longer periods of time. The Commissioner of Social Services has given a very detailed and extensive report on the work of the whole DSS Department. He will make copies available to those who want one. It describes in great detail what that department really does and the people that it does it for. The Library Improvement Committee will be meeting on Friday. It seems to be likely that they will recommend that the Woolworth Building be used a new county library. The Park Foundation is willing to donate $2 milli on toward that project and are also willing to supplement the losses that the city will sustain in lost sales tax and property tax for a fairly extensive length of time. It seems that in the end the county library will be in the Woolworth Building. A group is going to Binghamton tomorrow and negotiate with NYSEG on a program to allow deregulation of electricity to be supplied to low income families by hopefully the first of January and perhaps discuss the possibility of deregulating electricity in the County before the mandated date which is September 1, 1999. "Low income" families does not just include people on DSS, it also includes those such as the elderly who receive an exemption on their property taxes because of income, along with a variety of other people. Cautioned that if a kilowatt hour costs 12 cents, we are talking about only 3.1 cents being involved in deregulation. It is not a tremendous amount of money, but it is a start. Supv Schug - Congratulated them on the CAP program. Mike Lane - The Planning Committee is updating its inventory of county maintained bridges. Thanked the town for its correspondence on that. Supv Schug - Has asked that this be put off until such time as a TACOMA meeting can be held. He has written to each of the villages in the Town and to the Town Highway Superintendent with respect to that and is waiting for a response from the Village of Dryden. He would like the County to take some more time with this. Mike Lane - There is an intern working with the Planning Committee and she is going to be working up a survey of highway issues and what highway programs are being shared among municipalities and whether there is potential for others. The Town will be receiving this survey and he asks for cooperation with this. All municipalities except four have agreed to come on board with the Intermunicipal Cable Commission for negotiations with Time Warner. Asks the Town to consider or reconsider joining this. Page 2 of 27 • TB 7 -14 -98 At 8:00 p.m. Supv Schug asked for further comment on each of the three public hearings and there was no response. Those hearings were closed. RESOLUTION # 164 - LOCAL LAW 5 OF 1998 (AMENDING LL #5 -1992 RE: POLLUTANT LIMITATIONS) Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that proposed Local Law E of the year 1998 entitled A local law amending Local Law No. 5 of the year 1992 is hereby adopted as presented and shall be known as Local Law #5 of the year 1998, and it is further RESOLVED, that the Town Clerk shall file the same with the Department of State of the State of New York. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #165 - LOCAL LAW 6 OF 1998 (AMENDING LL #6 -1992 RE: SEWER USE REQUIREMENTS) Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that proposed Local Law F of the year 1998 entitled A local law amending Local Law No. 6 of the year 1992 is hereby adopted as presented and shall be known as Local Law #6 of the year 1998, and it is further RESOLVED, that the Town Clerk shall file the same with the Department of State of the State of New York. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #166 - LOCAL LAW G OF 1998 (AMENDING LL #5 -1989 RE: APPOINTMENT OF SUPERINTENDENT OF PUBLIC WORKS) Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that proposed Local Law G of the year 1998 entitled "A local law amending Local Law No. 5 of the year 1989" is hereby adopted subject to a mandatory referendum, to be placed on the November 1998 ballot, and it is further RESOLVED, that should said local law be approved at the November election, the Town Clerk shall file the same with the Department of State of the State of New York. 2nd Cl T Hatfield Page 3 of 27 TB 7 -14 -98 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham No COUNCIL PRIVILEGE OF THE FLOOR Supv Schug inquired of Cl Grantham if she had anything further on the personal safety program and she replied that she did not. Cl Grantham - She has spoken with Mike Allmendinger and he has expressed concern about the Town not joining with the Intermunicipal Cable Commission. She has asked him to contact the Board. On motion of Cl T Hatfield, seconded by Cl C Hatfield, a proposed local law (I) was introduced and a public hearing set for August 11, 1998, time to be set after we hear from the Association of Towns. This local law would make the office of Highway Superintendent an appointed office. Content of proposed local law follows: Section 1. The town superintendent of highways shall be appointed by the town board. This local law supersedes the provisions of Town Law §20(1)(a). Section 2. A superintendent of highways appointed by the town board shall serve at the pleasure of the town board. Section 3. This local law is adopted subject to a mandatory referendum to be held at the next succeeding general election of State or local government officers and shall become effective if approved at such election by the affirmative vote of a majority of the qualified electors of the Town of Dryden voting upon the proposition and upon filing with the Secretary of State. On motion of Cl T Hatfield, seconded by Cl C Hatfield, a proposed amendment to the Zoning Ordinance regarding adult entertainment was introduced, together with findings. Discussion followed regarding proposed Section 1202(1)(C) Adult physical contact establishment. It was amended to include licensed physical therapy and licensed massage therapy in the definition of what is not "adult physical contact establishments ". RESOLUTION # 167 - AMEND PROPOSED ZONING ORDINANCE AMENDMENT REGARDING ADULT ENTERTAINMENT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the proposed zoning ordinance amendment regarding adult entertainment is hereby amended as follows. Section 1202(1)(C) shall read as follows: (C) Adult physical contact establishment. Any establishment which offers or purports to offer massage or other physical contact by members of the opposite sex. Medical offices, offices of a person licensed or authorized under the Education Law to practice massage therapy, offices of a person licensed or otherwise authorized under the Education Law as a physical therapist or physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not "adult physical contact establishments ". 2nd Cl D Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Page 4 of 27 TB 7 -14 -98 Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #168 - PROPOSED ZONING ORDINANCE AMENDMENT Councilperson T. Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town Board has heretofore enacted a moratorium on the establishment of adult uses in the Town of Dryden pending the enactment of local regulations thereof, and WHEREAS, the Town Board has commissioned a comprehensive study of the existing and potential secondary effects of such adult uses, such study being prepared by Dr. Robert Perna, and WHEREAS, the Town Board has now received the study and based upon such comprehensive study, the Town Board makes the following findings and statement of its intent: 1) There are adverse secondary impacts associated with the establishment and operation of adult- oriented businesses within a community. 2) Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult- oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community or neighborhoods. 3) These adverse secondary impacts of the establishment and operation of adult- oriented businesses are a threat to the general health, safety and economic viability of the community. 4) The unregulated establishment and operation of adult - oriented businesses would lead to the wide - spread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the Town would therefore be detrimental to the general health, safety and economic viability of the community. 5) The U.S. Constitution, and the Constitution and laws of the State of New York grant to the Town of Dryden the powers, especially zoning powers, to enact reasonable legislation and measures to regulate the location and operation of adult- oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community, and STATEMENT OF INTENT Page 5 of 27 TB 7 -14 -98 1) It is the express intent of the Town of Dryden in adopting these amendments to the Town of Dryden Zoning Ordinance: a) Ameliorate, mitigate, reduce or prevent the wide- spread and unregulated imposition of the adverse secondary impacts of adult- oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community. b) To protect the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult- oriented businesses. 2) It is not the intent of the Town of Dryden in adopting these amendments to the Town of Dryden Zoning Ordinance: a) Deny any person the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, expressed and presented in the form of goods and services offered by adult- oriented businesses. b) To impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the U.S. Constitution and the New York State Constitution, expressed and presented in the form of goods and services offered by adult - oriented businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult- oriented businesses. C) To impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the U.S. Constitution and the New York State Constitution, expressed and presented in the form of goods and services offered by adult- oriented businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. d) To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the U.S. Constitution and the New York State Constitution, expressed and presented in the form of goods and services offered by adult- oriented businesses. AND WHEREAS, copies of such comprehensive study are available at the Town Clerk's Office for public review and comment, Page 6 of 27 TB 7 -14 -98 NOW, THEREFORE, be it resolved that the Town of Dryden Zoning Ordinance is hereby amended as follows: 1. A) Section 401 of such Ordinance is hereby amended to read as follows: Section 401. All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled `Town of Dryden Zoning Map" originally prepared by Egner 8s Neiderkorn Assoc., Inc. and last revised 7- 14 -98. B) This amendment to the zoning map establishes the M -AA zone as: All of Town of Dryden Tax Parcels 42 -1 -1; 9.1; 10 and 12 and those portions of Tax Parcels 42 -1 -2 and 11 lying north and east of New York State Route 13. 2. Article VII of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 706. Prohibited Uses. 1. Adult Uses. 3. Article VII -A of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 756. Prohibited Uses. 1. Adult Uses. 4, Article VIII of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 807. Prohibited Uses, 1, Adult Uses. 5, Section 903 of such Ordinance is hereby amended to read as follows: Section 903. Prohibited Uses. 1. Salvage or junk yards. 2. Adult uses. 6. Section 1200 of such Ordinance is hereby amended to read as follows: (1) The intent and purpose of the M -A zone and the following regulations is to establish and identify specific areas where small • and intensive retail business and industrial and manufacturing development will be encouraged, where minimum performance Page 7 of 27 T13 7 -14 -98 standards will be required and to protect the value and efficiency of such areas by excluding from them, as far as possible, non- compatible land uses. (2) The intent and purpose of the M -AA Zone and the following regulations is to establish and identify specific areas where adult uses will be permitted and to establish regulations protecting nearby neighborhoods from the impacts of such uses by separating such uses from non - compatible uses such as residential uses, schools, churches and parks. 7. Such Ordinance is hereby amended by adding thereto a new Section 1202 to read as follows: "Section 1202. Adult Uses. (1) Definitions. (A) Adult use. (1) An adult use is the use of land, structures or location for an "adult entertainment business" or an "adult physical contact establishment" as herein defined; and (2) An adult use is also any use of land, structures or location which by the provisions of the Penal Law is required to restrict access thereto to minors. (B) Adult entertainment business. Adult entertainment • businesses include: (1) A public establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female. (2) A location, building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television, or any other such visual media, or used for presenting, lending, or selling books, magazines, publications, photographs, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below. (3) Adult Bookstore. An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material. (4) Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified ®� Page 8 of 27 TB 7 -14 -98 • sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. (5) Adult Mini -Motion Picture Theater. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. (6) Adult Cabaret. A cabaret which features go -go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. (Note: this is an exception to the "specified sexual activities/ specified anatomical areas" definition.) (7) Adult Drive -In Theater. A drive -in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons. (C) Adult physical contact establishment. Any establishment which offers or purports to offer massage or other physical contact by members of the opposite sex. Medical offices, offices of a person licensed or authorized under the Education • Law to practice massage therapy, offices of a person licensed or otherwise authorized under the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not "adult physical contact establishments ". (D) Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; or (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (E) Specified anatomical areas: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (2) Adult Uses as an allowed use. Adult uses are allowed in the • M -AA zone with Site Plan Review pursuant to Article XXIII, Page 9 of 27 TB 7 -14 -98 subject also to the following conditions: no adult use may be • established within: (a) Five hundred (500) feet of any single - family, two family or multiple - family dwelling, including structures devoted to both residential and commercial or business purposes. (b) One thousand (1,000) feet of any public or private school. (c) Five hundred (500) feet of any church or other religious facility or institution. (d) One thousand (1,000) feet of any public park. (e) Two thousand five hundred (2,500) feet of any premises licensed by the State Liquor Authority under the provisions of the Alcohol Beverage Control Law. (3) Measurement of Distance. The distance provided in this chapter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use is to be located to the nearest point of the parcel of property from which the adult use is to be separated. (4) Additional requirements. In addition to the requirements of • section 1206, the interior of every adult use building, structure or location: (a) shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein adult entertainment is provided, shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult entertainment business establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of motion pictures or videotapes depicting specified sexual activities or specified anatomical areas, or other types of adult entertainment businesses; and (b) the operator of each adult entertainment business shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult- oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less Page 10 of 27 • TB 7 -14 -98 than one foot candle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (5) Additional screening. The Site Plan Review Board may require that an adult entertainment business cover or screen the entrances, doorways and windows to prevent viewing activities inside the building or structure from the outside. 8. Such Ordinance is hereby amended by adding thereto a new Section 1203 to read as follows: "Any use not specifically enumerated herein (except those as in Section 1202 and 1204) shall be allowed only upon a Special Permit issued by the Town Board pursuant to Article XIII of the Ordinance." 9, Section 1204 of such Ordinance is hereby amended by adding thereto a new sentence at the end of the existing section, such sentence to read as follows: "Adult uses are prohibited in the M -A zone." 10. A public hearing on these proposed amendments shall be held at the Town Hall, 65 East Main Street, Dryden, New York on August 11, 1998 at 7:30 p.m. 2nd Cl C Hatfield Roll call vote ATTORNEY Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes The agreement for water for the lettuce farm was prepared and has been sent to the appropriate parties. With respect to the Timmerman matter, examinations before trial are scheduled for September. TOWN CLERK Has been successful in obtaining an inventory and planning grant in the amount of $14,781 for the Town. This is the first step toward organization of the records and implementation of records management program. At the end of the year well know what we have, it will be in a data base, and we can make decisions about how to maintain these records, i.e. micro fiche. The Clerk will serve as project director without compensation. She will also be doing a large portion of the physical inventory in addition to her usual duties as Clerk. A resolution is necessary in order for her to be paid from the grant funds for the inventory. Page 11 of 27 TB 7-14 -98 RESOLUTION # 169 - PAY CLERK FROM GRANT FUNDS 0 Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has received grant funds totalling $14,781.00 to perform an inventory and planning, and the Town Clerk has agreed to serve as Project Director without compensation and to be paid from the grant funds to perform parts of the physical inventory, said duties to performed separate and apart from her regular duties as Town Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk is hereby designated as Project Director for the Inventory and Planning to be conducted, to serve without compensation, and that she will be paid from grant funds for the physical inventory, and it is further RESOLVED, that the Town Clerk will perform these duties separate from and beyond her existing duties as Town Clerk or Records Management Officer. 2nd Cl R Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes The idea of occasional help has been investigated. It seems to be most appropriate to go with a temporary service firm such as Manpower. Their staff is screened and tested, they can send someone to fit whatever the current need is, and it will involve no extra payroll expense to the town. Presently, the top rate we would pay is $9.59. RESOLUTION # 170 - APPROVE TEMPORARY CLERICAL HELP Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that in the event any department of the Town of Dryden shall determine that it is in need of temporary clerical help, said temporary help shall be provided through the services of Manpower, Inc. at a cost not to exceed $9.59 per hour. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes C1 Grantham Yes Work continues with respect to the Yellow Barn drainage matter. The Varna Community Association has asked the Town for help in paving its parking lot and D Putnam has tried to put together what it will cost the Town. He has some questions that need to be answered, and the Supervisor will forward a letter to the VCA. ZONING OFFICER Page 12 of 27 TB 7 -14 -98 • June was a busy month (averaging more than one application per day) and this month is averaging better than two per day. A lot of this is renovation work. Noted older mobile homes are being replaced consistently with newer homes. 629 Snyder Hill Road - restoration is under way and junk has been hauled away. Quarry Road foundation hole will be filled soon, if it hasn't been already. The Village had estimated that they would require 6 man hours per week. In June ZO Ezell put in 13.5 hours and ZO Slater did 14 hours. Believes that ultimately this will be a good situation for the Town and the Village and hopefully will pave the way for further cooperative efforts. Peregrine Hollow - Nothing has happened with this, but they have until November. It seems that the people who inherited the problem were unaware of what was involved and have become disillusioned with the whole project. Commented that the Planning Board has been "running full steam" and is a pleasure to work with. DEPARTMENT OF PUBLIC WORKS Bid specifications have been prepared and presented by the Engineer for the removal and replacement of the town garage roof. These were discussed and disposal of demolition material was crossed out and amended to read disposal of surplus materials. RESOLUTION # 171 - APPROVE BID SPECIFICATIONS FOR TOWN GARAGE ROOF REPLACEMENT Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that the bid specifications for the roof replacement of the town garage are hereby accepted as presented and amended, and the Supervisor is authorized to put the job out for bid. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - The manholes are being repaired, some are down as much as 18 inches, and the job is progressing nicely. HIGHWAY SUPERINTENDENT Supv Schug - We have received two bids on the trucks we put out for bid. We received a bid for the 1988 Dodge for $1,259.90. Page 13 of 27 TB 7 -14 -98 RESOLUTION # 172 - ACCEPT BID FOR 1988 DODGE PICKUP TRUCK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, this this Town Board accept a bid in the amount of $1,259.90 for its 1988 Dodge Pickup truck, and the Supervisor is authorized to take the necessary steps to transfer title of said truck to the buyer. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug explained that the bid received for the 1996 Chevrolet pickup truck was $12,500.00 and we had a set minimum bid of $14,000.00. RESOLUTION # 173 - REJECT BID FOR 1996 CHEVROLET PICKUP TRUCK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board reject the bid received for the 1996 Chevrolet pickup truck in the amount of $12,500.00. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes • Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug explained that we have received a bid in the amount of $19,260.00 for the necessary specialty work on Hile School Road. This is below the $20,000.00 budgeted for that purpose. Work should begin in the middle of July. RESOLUTION # 174 - ACCEPT BID FOR HILE SCHOOL CULVERT REPLACEMENT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the bid of $19,260.00 for the necessary specialty work on the Hile School Road project. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - You have received a packet containing information and a request to purchase a small, used paver in the amount of $8,500. The Board indicated they would like more time to review the information and speak with R. Riker prior to making a decision. Page 14 of 27 TB 7 -14 -98 • SUPERVISOR Supv Schug - We have been doing more work on Yellow Barn Road as time permits. It is being widened out, and we are working on the drainage down the road toward Route 13. Prior to this they had been working at the top of the hill. Not much has been done on Caswell Road at this point. The board has a copy of the June ambulance calls. We have talked about the celebration funds. We have advertised in the three local newspapers to all the community organizations and asked them to get back to us by the 5th of August so that we can decide at our August meeting how we will break those funds down. Bob Perry has resigned from the Recreation Partnership Board and we will need to find a replacement. Please advise the Supervisor of anyone who might be interested. We received a memo from a young lady who is being evicted from a local park, and feels she has no where to put her mobile home. She feels it is against the law to move the home. ZO Slater will let her know that it is possible to transport the mobile home, but it cannot be relocated to Dryden because it does not meet specifications under current law. DISCUSSION Supv Schug - With respect to the Youth Recreation Program with the Village, they have made changes in the plan and we have gone over it carefully with the Director. We would like permission to expend up and not to exceed $3,635 for the 1998 year. We will match the Village and their out of pocket costs dollar for dollar and will not exceed $3,635.00. We don't have the swim program this year or the busing. We have advised them that when swim comes back next year, we will not pay this much and add swim on top of it. RESOLUTION #175 - APPROVE FUNDS FOR YOUTH RECREATION PROGRAM Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the expenditure of a sum not to exceed $3,685.00 (matching the Village of Dryden dollar for dollar) in connection with the operation of the summer Youth Recreation Program. 2nd Cl D Grantham Roll Call Vote Cl Beck Yes Cl C Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - A letter was received from David Weinstein and Robin Seeley regarding Marchell and his 12 acre lot. They wanted the Town to cite Marchell for long standing violations with respect to that property, or in the alternative wished an explanation as to why that had not been done. ZO Slater explained he had also received that letter and has spent significant time with Robin Seeley. ZO Slater explained to her that he does not have police power authority and that • since she had seen the violations perhaps she would be willing to bear witness. She spoke with her attorney and advised us that she no longer was interested in bearing witness. Dave Page 15 of 27 TB 7 -14 -98 Weinstein has no direct knowledge of the violations. Ms Seeley has a better appreciation of what our process is to legally remedy these violations. ZO Slater advised the Board that if the Lucente project proceeds all of the alleged violations will be taken care of. Dave Weinstein - At some point the Town will have to take action to have the site cleaned up and Lucente should be put on notice. Supv Schug - Acknowledged that there are problems on the property, there have been for some time, and the Town may now be able to clean it up through Mr. Lucente, Supv Schug explained that the Town had received a letter from the City of Ithaca, Water & Sewer Division, requesting that the Town pass a resolution in support of the Bond Act Application being made in connection with the Town's joint use of wastewater facilities with the City of Ithaca, Town of Lansing, Village of Lansing, and Village of Cayuga Heights. Lawrence Fabbroni was present and answered concerns of Board members and Atty Perkins. Atty Perkins was concerned that there is no indication of what this will cost the Town. Mr. Fabbroni explained the benefits to the Town. The Town of Dryden is a 2% owner in the wastewater facility now, and have a controlling interest in the capacity at that facilities and how it gets allocated. The Town has a seat on the board and is able to speak to how financial issues get perfected. The town will gain 2% of the additional capacity, 60,000 more gallons per day. The Town could sell some of that capacity to Lansing or trade for more capacity. Mr. Fabbroni feels he will never deliver a better package to the Town and this is the best thing that has happened for wastewater in 20 years. Any expenditure of money will take a subsequent action by the Board and the Town will not have to fund something it does not want to. After discussion, the following resolution was passed. RESOLUTION # 176 - RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER /CLEAN AIR BOND ACT OF 1996 Cl R Beck offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project ", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF DRYDEN: 1. That James F. Schug is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; Page 16 of 27 TB 744 -98 • 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments; 4. That this Resolution take effect immediately. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - The Village of Dryden has a serious problem with the water on the Penny Lane project. We have met with the County and they have asked the Town if they would give up its share of County money this year so that the Village could take care of its problem. We don't have a need for the money at this time, and probably won't until we get into the Yellow Barn project. The Village can repay us with its share of these funds in future years. RESOLUTION # 177 - ALLOW VILLAGE OF DRYDEN TO USE THE TOWN'S FLOOD CONTROL MONIES Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden agrees to allow the Village of Dryden to use its • portion of funds available from the County of Tompkins for a period of two years, and that the Village of Dryden shall repay the Town by allowing the Town to use the Village's portion of those funds in an amount not to exceed that which was "borrowed" by the Village, and it is further RESOLVED, that the Supervisor is authorized to execute whatever documents are necessary to accomplish this. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 178 - APPROVE ABSTRACT # 106 Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Board approve Abstract # 107, as audited, Vouchers #622 through #705, totalling $142,381.14. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Page 17 of 27 TB 7 -14 -98 Cl Grantham - Inquired of Atty Perkins "What is the whole process with SEQR, and how does it mesh with the special permit. Atty Perkins - Before you can approve a special permit, you have to complete the environmental review under SEQR, in this case the EAR This is a Full Environmental Assessment Form, Parts 1, 2 and 3, being required. Part 1 was reviewed and corrections made with the consent of the applicant. Part 2 was reviewed last week. I think there were some open issues left on that, and Part 3 is yet to be done. Once you have completed the environmental review, then you are free to act on the permit. You don't have to do the environmental review if you are not going to approve a project, but you can't approve it without the environmental review. The ultimate process of SEQR is to identify environmental issues and to address them so that in making your determination you are aware of what the potential impacts are and a free flowing discussion ensues about how you might mitigate them, which ones can be mitigated, which ones cannot be mitigated. If it's a negative declaration as a result of your review, all Henry does is file it with DEC. A positive declaration involves Albany. You don't have to find that all the impacts can be mitigated. SEQR is merely identification of the impacts and discussion of how you might mitigate it. There is no requirement that all the impacts be eliminated. When you have identified the impacts as you have in part 2 then it is appropriate to discuss what steps might be taken to mitigate them or whether mitigation is even possible. Certain impacts cannot be mitigated. Tonight you need to continue your discussion of Part 2 and complete Part 3. Part 3 really addresses any potentially large impacts that you have identified in Part 2. Henry has provided you with instructions on how you are to proceed with respect to your preparation of Part 3. As a practical matter, you may in your preparation of Part 3, come upon things which tell you that you are not going to grant the permit for specific reasons. In that case you don't have to complete the environmental review, you can go ahead and make your findings and decision on the special permit. However, if you feel that you are going to approve the application, you must first complete the environmental review. Completing Part 3 will give you guidance in selecting the conditions you attach to your approval of the permit. Cl Grantham asked about a coordinated and was advised by Atty Perkins that there is no need for a coordinated review if only one entity has to give a permit or approval. The Board reviewed Part 2 - Project Impacts and Their Magnitude. Items identified as having a potentially large impact were discussed and Part 3 was completed. Those forms are contained in the Ottenschot file. Cl Beck - Early in this project with the high level of emotion and concern in Varna and the little movement on the part of the applicant to mitigate those, it was looking pretty bad. At this point there have been positive changes and the applicant has done everything that we required. I'm sure there are some people who will not want to be next to the storage yard, but it seems we've looked at this quite carefully, and with conditions on the permit, I'll move for a negative declaration. RESOLUTION # 179 - SEQR NEGATIVE DECLARATION - OTTENSCHOT Cl Beck offered the following resolution and asked for its adoption: WHEREAS, the Town Board has considered the proposed action as defined by the application and in compliance with Part 617, and Page 18 of 27 TB 7 -14 -98 • WHEREAS, the Town Board has reviewed the full environmental assessment form, the criteria contained in Part 617 and other supporting information to identify the relevant areas of environmental concern, and WHEREAS, the Town Board has thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment, and WHEREAS, the Town Board has set forth its determination of significance in Part 3 of the full environmental assessment form in a written form which contains a reasoned elaboration and provides reference to conditions to be attached to the Special Permit, NOW, THEREFORE, the Town Board determines that the project will not have a significant environmental impact, and a negative declaration will be prepared and filed according to regulations. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes The Town Board reviewed the criteria under Zoning Ordinance §1303(2) as it pertains to the application. • Based upon the Board's review of the application and supporting papers submitted by Martin L. Ottenschot, correspondence received with respect to the application, the Board's review of the full environmental assessment form and the criteria under Zoning Ordinance §1302(2), findings were prepared. Those findings were discussed, amended and finally presented as follows: TOWN OF DRYDEN: TOMPKINS COUNTY STATE OF NEW YORK -------------------------------------- - - - - -- In the matter of the application of FINDINGS Martin Ottenschot for a special permit of the premises at 5 Freese Road (Tax Parcel 56- 4 -5.1) 1, Applicant Martin Ottenschot, by application dated January 13, 1998, has applied for a Special Permit to use the premises at 5 Freese Road for "temporary storage of gravel and other excavated pavement materials". 2. The premises (sometimes referred to as the "site ") constitute tax parcel 56 -4 -5.1 and are located in a RC zoning district. 3. Section 802(4) of the Town of Dryden Zoning Ordinance allows storage yards by special permit. Page 19 of 27 TB 7 -14 -98 4. A public hearing on the application was held on February 10, 1998 and continued on May 21 and concluded on July 7, 1998, 5. The premises consist of approximately 2.4 acres. subject to a 100 foot "•buffer zone" and requires the applicant, un( create a 100 foot vegetative screen or earthen mound with trees "to provide an effective screen between that portion of the premises that applicant and Cornell University owned fields to the north of the portion of the premises are subject to a 20 foot right -of -way. The northern portion is ter certain conditions, to create a buffered area to may be developed by the premises. The westerly 6. On April 27, 1998 the applicant submitted in supplement to his application, an engineer's report dated April 26, 1998 with a map dated April 25, 1998 showing drainage and landscaping plans. 7. A revised map (June 22, 1998) and supplementary engineer's report dated June 23, 1998 were submitted on June 24, 1998, 8. An addendum to the application (undated) and signed by applicant's attorney was submitted with a cover letter of June 24, 1998. 9. The application consists of the following: a) Application for Dryden Town Zoning Permit (1/ 13/98); b) Application for Special Permit (1 / 13/98) including 2 page attached narrative (1 / 13 /98); C) d) e) 25, 1998; fl g) 1998; h) applicant. Sketch on survey map dated July 22, 1987; Engineer's report dated April 26, 1998; Drainage and Grading Plan by L. Fabbroni, PE dated April Supplementary Engineer's Report dated June 23, 1998; Drainage and Grading Plan [(e) above] revised June 22, Undated Addendum signed by the attorney for the 10. The premises are bounded on the north by agricultural fields of Cornell University; on the south by New York State Route 366 and across the highway by a small commercial center, commercial garage (currently vacant) and residences; on the west by Freese Road and across the road by residences and a small mobile home park; and on the west by a residence. There exists some unmaintained natural deciduous vegetation along the west and south boundaries of the property. 11. Written comments and made a part of the record were received from: Tompkins County Department of Planning (February 3, 1998; May 12 and July 7); Page 20 of 27 TB 7- 1.4 -98 New York State Department of Transportation (January 22, 1998); - New York State Department of Environmental Conservation (February 10, 1998); - Cornell University (July 7, 1998); Cy Ortin and Felicity Kaye Nibbard (June 1, 1998); Laurie S. Snyder (February 9 and May 19, 1998); - Margaret Darchangelo (February 10, 1998); - Carol Hoff (February 10, 1998); - Francis A. and Ruth Munch (February 9, 1998); Chris Carroll (undated); C.S.P. Management o /b /o Wayside Trailer Park (February 9, 1998), 12. A petition opposing the granting of the special permit signed by 25 people was also received. No reasons in opposition to the granting of the special permit were recited, just an expression of general opposition. Some who signed the petition also submitted written comments. 13. Issues and impacts raised by those commenting in writing (including the Town Zoning Officer) include: Drainage along Freese Road ditch and from site; Sedimentation from site entering Fall Creek; Restoration of site when proposed materials storage yard use is finished; - Buffer to screen visual appearance, dust, noise; - Site security; Height of storage piles; - Hours of operation; - Condition of Freese Road - dust, mud; Weight limit on Freese Road; Access to site - existing from Freese Road or new driveway from Route 366; Increased traffic on Freese Road, Potential depreciation of property values. Page 21 of 27 TB 7 -14 -98 14. Issues and impacts raised in three public hearings (other than those whose comments are represented in writing): - No structure exists and none are proposed; Bossack property floods due to current use of site; Noise - early mornings and weekends; - Screening; - Drainage; Entrance - use existing from Freese Road or new entrance off Route 366; Hours of operation; - Dust; Reclamation plan; Fence; - Trucks backing into entrance off Freese Road; Proposed use is heavy commercial; Need for SPEDES Permit. 15. The premises are not located in a flood plain. 16. Parts I and U of the Full Environmental Assessment Form were reviewed by the Town Board with public participation. (a) The following were identified as potential large impacts which could not be mitigated by project change: - Change to topography by adding clean fill material. (b) The following were identified as potential large impacts which could be mitigated by project change: Sedimentation leaving site; Siltation migrating to Fall Creek; - Flooding of downstream properties; Dust; Page 22 of 27 TB 7 -14 -98 0 - Proposed use is obviously different from current land use pattern; Project may attract small children to play on mounds or piles of stored material. (c) The Town Board evaluated each of the impacts it identified as potentially large in Part 3 of the Full Environmental Assessment Form. 17. When comments were solicited from the public about the impact on growth and character of the community or neighborhood - no person articulated any impact. 18. The site is a prominent location and highly visible from the east along Route 366. The condition of the site influences people's perception about the community of Varna. 19. Drainage improvements to the site proposed by the applicant's Engineer's Report of April 26, 1998 will satisfactorily address the existing drainage problems and flooding of downstream properties caused by the existing and future (proposed) use of the site. 20. Installation and maintenance of a siltation fence to the specifications recommended by the Town's engineers (Standard Specification for Silt Fence) and located according to the revised (June 22, 1998) Drainage and Grading Plan should satisfactorily address the issues of sedimentation migrating from the site and possible siltation to Fall Creek. 21. Installation of a locked gate designed to deter unauthorized entry by illegal dumpers and children will address entrance security. 22. Installation of a 4 foot high security fence may deter children from the site (revised Drainage and Grading Plan), 23. The construction of earthen berm and plantings proposed by applicant together with the installation of a (temporary) green construction fence along the west side of the site will mitigate, but not totally eliminate, the visual objection such a use of the site produces. 24. Such earthen berm, plantings and construction fence will mitigate, but not totally eliminate, concerns about dust and noise. 25. There is no mitigation of odors from exhaust of heavy trucks and equipment except by natural dispersion. 26. There may be long periods (months) when the site is not subject to use by heavy trucks and equipment but when the site is used the traffic may be heavy for periods of short duration (usually a few days at best). 27. The applicant should be responsible for removal of dust, mud and other material deposited on Freese Road and neighboring properties. 28. The construction of an adequate entrance drive can be useful to mitigate impacts of traffic safety and unwanted visual impacts of the mounds of stored materials. The entrance should be off Freese Road and constructed and maintained according to the revised Drainage and Grading Plan and the specifications approved by the Town's engineers (Standard Specifications for Stabilized Construction Entrance), Page 23 of 27 TB 7 -14 -98 29. If the Town denies the special permit the issues of drainage, sedimentation, siltation, dust and noise will not be addressed even if the applicant does not continue to "fill" the site. 30. Even if the Town is successful in the pending action for an injunction against the applicant, the applicant will only be restrained from removing material from the site and the issues and impacts of the continued "filling" of the site (see #28 above) will not have been addressed. 31. Storm water sampling and analysis is not appropriate to the project if the Town requires the construction of a new drainage ditch, on site retention of rain and snow melt and the installation and maintenance of a siltation fence. 32. Hours of operation should be limited to Monday - Friday 8:00 A.M. to 5:00 P.M. and up to six (6) Saturdays per calendar year 8:30 A.M. to 1:00 P.M. provided prior notice of the intention to work on Saturday is given to the Town Code Enforcement Officer. 33. The applicant's proposed use of the site is indefinite. No reclamation plan has been presented by the applicant. Following cessation of the permitted use, the applicant agreed to level the site to permitted grade and prepare the site for planting and plant perennial grasses. 34. The Zoning Ordinance does not contain any authority to require a bond or other security to guarantee the reclamation of the site. Such a process is limited to mining operations. 35. The five ton weight limit on Freese Road cannot be construed to prevent use of Freese Road for delivery or removal of materials or equipment from the site. 36. No SPEDES permit is required. 37. The Town Board reviewed the criteria under Zoning Ordinance §1303(2) and determined the following for each criteria: Section 1303(2)(a) Application is complete (see Finding No. 9), 1303(2)(b) The proposed use will be in conflict by reasons of aesthetics, noise and dust with the allowed uses under Zoning Ordinance Sections 802(2) -(10), (12) and (13) and by reason of dust with the allowed use under Section 802(11). 1303(2)(c) The proposed use may be more objectionable or depreciating to adjacent and nearby properties by reason of noise and dust than the allowed uses referred to in Section 1303(2)(b) above. (Essentially the same conflicts identified above.) 1303(2)(d) Adjacent properties are fully developed or are unlikely to be developed. 1303(2)(e) The proposed use is non - residential and should be screened from existing adjacent residential uses. Page 24 of 27 TB 7 -14 -98 • 5. Should the Town require easements for municipal water lines or sewer lines and necessary appurtenances in connection with the construction, re- construction or extension of a municipal water system or sewer system the applicant, its successors and assigns, shall grant the usual easements to the Town without requiring compensation. 6. The rate of discharge of surface water from the site based upon a 25 year 24 hour storm shall not be increased during or following construction and measures shall 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. 7. The buffer plantings, fence and drainage ditch required to be planted and installed during use of the property shall be maintained by the applicant. 8. No permits shall be issued until all fees are paid by the applicant and no certificate of completion shall be issued until all reimbursable costs are paid by the applicant and all required improvements are installed (except the plantings which are to be completed by October 15, 1998). 9, Special Permits are valid to named applicant only and Cortland Paving Company, Inc. and cannot be transferred. SPECIAL CONDITIONS OF APPROVAL • 10. Hours of operation are limited to Monday - Friday 8:00 A.M. to 5:00 P.M. and up to six (6) Saturdays per calendar year 8:30 A.M. to 1:00 P.M. provided prior notice of the intention to work on Saturday is given to the Town Code Enforcement Officer. 11. Following cessation of the permitted use, the applicant shall level the site to a grade not exceeding the permitted height, prepare the surface for planting and plant perennial grasses. 12. The type of fence to be installed according to the plans shall first be approved by the Town of Dryden Code Enforcement Officer. 13. The height of the storage piles or mounds shall not exceed the elevation of the shoulder of New York State Route 366. The entrance drive shall be constructed and maintained at existing grade. 14. Vehicles and equipment may not back onto the site from Freese Road or off the site onto Freese Road. 15. The applicant shall keep Freese Road clear of material from vehicles entering or leaving the site. If removal of such material (dust, mud, dirt, stone, etc.) is required, it shall be removed by hand tools or by a vacuum sweeper. Such material shall not be pushed or deposited into roadside ditches. 16. Dust from the entrance drive shall be controlled by watering if necessary. 17. The Town of Dryden, through its agents and /or employees, shall be permitted to inspect the site at all reasonable times to verify compliance with the terms and conditions of the special permit. . 2nd Cl T Hatfield Page 26 of 27 TB 7 -14 -98 1303(2)(fl The health of the community may be adversely affected by reasons of dust. The safety of small children may be affected by reason of being attracted to the site to play. Although there may be potential adverse conflicts and effects to an uncontrolled project, by attaching and enforcing effective conditions these potential adverse conflicts and effects can be to a large extent substantially mitigated. RESOLUTION # 180 - APPROVE FINDINGS IN OTTENSCHOT MATTER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the findings made in this matter as finally presented and made part of the record, said findings resulting from the Board's review of all materials received and comments made in connection with the application of Martin L. Ottenschott for the operation of a materials storage yard at 5 Freese Road, and further based upon the Board's review of the full environmental assessment form (parts 1, 2 and 3) and Section 1303(2) of the Town of Dryden Zoning Ordinance. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 181 - GRANT OTTENSCHOT SPECIAL PERMIT Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant Martin L. Ottenschot a special permit to operate a materials storage and retrieval yard at 5 Freese Road, subject to the following: STANDARD CONDITIONS OF APPROVAL 1. The Environmental Assessment Form (Parts 1, 2 and 3) prepared in connection with the project is approved and accepted and the Town Board finds that the project will have no adverse environmental impact. A negative declaration is to be filed. 2. The project shall be constructed according to the plans and application submitted by the applicant and approved and filed with the Town of Dryden including those in Finding No. 9 adopted July 14, 1998. Following construction of all required improvements the same shall be maintained by the applicant. 3. 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. The project during construction and upon completion shall not constitute a public or private nuisance. Page 25 of 27 • Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes TB 7-14 -98 Supv Schug - Noted that the financial report is available for review. The next board meeting is scheduled for August 11, 1998, At 11:55 p.m. the Board moved into executive session to discuss litigation and property purchase. No action was taken. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 27 of 27 4 400 PLEASE PRINT Name Susm + ao, PecK MUTAM 18 Sl. It@ §VJ tkvil 1 July 14, 1998 Address )2aq�, a /a fx-Fg F /�A Z'?P F. 0 0 S"3 a� 0 CCA . 90L / *F