Loading...
HomeMy WebLinkAbout2000-10-04• t TB 10 -4 -00 TOWN OF DRYDEN TOWN BOARD MEETING October 4, 2000 Board Members Present: Supv Mark Varvayanis, Cl Ronald Beck, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deborah Grantham Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney David Putnam, (TG Miller) Town Engineer Henry Slater, Zoning & Code Enforcement Officer PUBLIC HEARING DORIS LOBDELL, SPECIAL PERMIT APPLICATION FOR A CONVENIENCE STORE WITH FUEL SALES AT 665 WEST DRYDEN ROAD Supv Varvayanis opened the public hearing at 7:08 p.m. Town Clerk read the notice of public hearing published in The Ithaca Journal. Supv Varvayanis noted this is a preliminary hearing because there are several other permits required by the applicant and Mrs. Lobdell is trying to get a feel of what will be required by the Board. Mrs. Lobdell stated there was no sense in obtaining the required Health Dept permits etc until they knew where they stood. Town Clerk read an e-mail regarding the application from Tom Cirafici and a letter from Ida Hall, both expressing concerns regarding the application (attached to these minutes). Brian O. Earle, 618 W Dryden Road - In part because I'm more concerned for Dick and Doris ( Lobdell) on the profitability side. I teach at Cornell and I've been associated with the Entrepreneurship and Personal Enterprise Program and also the Food Industry Management Program for a number of years. What I was concerned with was the profitability of the location. I've known Dick Lobdell for almost 40 years and I've been extraordinarily impressed with how he's gone from nothing to becoming a tremendously successful business person in this community and I think that speaks incredibly well for his hard work and management skills and what he's been able to put together over the years. I've checked around, and I'm sure that you've done some homework on it, but it didn't appear that anyone at Cornell had been contacted. It's a tremendous resource for the community and really is there for that reason. They do surveys of the industry regularly and also certainly keep track of convenient stores. There are some things that I looked up over there that I think are relevant to your success and I certainly don't want to see you struggle unnecessarily. Even though sweat equity and a lot of other things will make something work, sometimes it's easier not to have to bust your butt. Successful convenient stores are best with 2,000 to 3,000 vehicles a day. A minimum recommendation is about 1200 and these are estimates, not primarily drive time traffic. West Dryden Road seems to have a lot from 7 to 8 or 8:30 and then another rush at 4:30 to 5:30 or 6. Traffic is best if it is steady rather than in lumps because you can maintain your staffing better and you don't have as many fill in or part time workers. Corner locations are much more successful than mid - block. Suburban /urban locations are far more successful than rural. Stores located in or near commercial sites are more successful than those that are isolated. There's also an issue of market saturation and profitability. The number of stores has been relatively even and sometimes even declined between 1990 and 2000. It depends on what count as to how many there are. The National Association of Convenient Stores gives the Page 1 of 17 TB 10 -4 -00 number of 199,000, but they include some stores that others wouldn't, so it depends whether you're counting fast food that aren't franchised that don't have a petroleum. Ones that are really traditional convenient stores were 92,000 in 1990, 90,000 in 1995 and 91,600 in 2000. The gross profits for 1999 went up 25% for convenient stoi increase in gross sales was from tobacco products and petroleum. the actual margin on those products dropped to abysmal levels as continue to keep customers while raising the price. So the actual food industry was much closer to the gross domestic product. es, but a majority of this And if you factor those out, the retailers tried to growth in the convenience Major chains like the Elmira Road Hess Mart and the other ones around Dryden are really squeezing out the independents, so if you aren't franchised, you're really getting in trouble. Store sizes are growing to 5000 -6000 square feet. Major players are building some 10,000 square foot stores. I assume the article in the Journal was a misprint. (Yes.) There are some really big stores going in now and those players are really moving the market. You saw Red Apple here in Dryden deciding it wasn't worth continuing the store. If you aren't franchised, you can go with a manufacturing brand, which is an alternative to a franchise, like having Boar's Head products. But those don't compete as well with the national branding. It also ties the owner to a single supplier and eliminates some of your options. Another comment from a national report "Contamination of sites is all too common for the industry..." This is not necessarily the fault of the owners, but the fault of the customers or clients who do spill gasoline and do dispose of things sometimes less than properly and even though the owners many times do a tremendous amount to try to retain that, it does happen. This leads to lower market value of the property and difficulty with some convenient stores in obtaining additional funding for expansion or whatever else, because banks really want a clean site. Low unemployment is driving up labor costs, which I'm sure everyone in the room knows. Wage rates, training and retention of new employees in the food industry is a tremendous problem right now and it appears that will exist for as long as we can foresee in the future. The Quarterly State of the Industry is a convenience food store quarterly report. In July 2000 respondents were less optimistic about the industry's future and rated their own companies' prospects lower than the previous quarter. And that has happened several times. I think it would be worth considering this before you dump a lot of capital. Best wishes. (A copy of Mr. Earle's written material is attached to these minutes.) Carol Lewis, 630 W Dryden Road, distributed memo to board (attached to minutes) and made the following comments: I've grouped this into areas such as safety, environment and convenience which is kind of a hodge podge of ideas. One of my biggest concerns is safety. The road is very dark, very narrow, very slippery. I don't think people feel safe during the daytime or night time walking or biking. I do see bikers and a few walkers, but it is not exactly safe. To be quite honest I think most people if they want to get a gallon of milk they will get in their car and do it, so they are not saving gas. If the roads are bad they will be tempted to hop in their car and they'll say it's just down the road I can make it. With the ditches being really deep and the roads narrow and dark, accidents happen close to home. I think people would be more tempted to go on a bad night, whereas if they had to drive farther they might think twice and stay home. I think another problem is that convenient stores are noted for being places for muggings or robberies and I don't want that around the area. It's also a prime area for kids to Page 2 of 17 TB 10 -4 -00 get together and want to buy their beer and cigarettes and deal drugs. We already have that at the community center on the corner. They are dealing drugs there all the time. The place is not that well patrolled and I think we would really need a lot more police patrolling very frequently. They need to do it throughout the day and throughout the night. There is also the possibility there could be a blind driveway there because there is a hill coming from Lansing toward Sheldon Road. It doesn't give you a lot of time to say, oh my gosh, there it is. Part of the safety factor is that there would have to be a lot more street lights or something on that road. I also think there should be more speed signs and warning signs put up to warn people that this is coming up. Maybe a stop light at the corner of Sheldon Road and West Dryden Road (which we've been wanting for years) I think would be a necessity because it would help slow traffic down a bit. Everybody who knows that road knows that it is 60 mph on up. They don't go 55 mph. Just try to pull in or out of your driveway when you've got someone right on your back end. It's kind of tricky and that happens a lot on that road. For safety reasons, I don't think it's a good location, it's too isolated, too dark, and so on. Some environmental factors. Some of us have talked about the spills and leakage. It's going to affect the wildlife there. We moved out to the country because we wanted to be a part of the country. We want the wildlife. We want to be able to see the stars at night and not have some big flashing sign saying convenient store, here I am, with lots of lights. You won't be able to see the stars anymore. Maybe that's too emotional on my part, but I moved out in the country because I don't want a store in my back yard or front yard. There are so many stores and convenient places from any direction that you go within a reasonable amount of distance. With cell phones today, you can call home and say do we need milk or bread or what do we need. From any direction you can stop on your way home and pick those things up. I don't think it's that much of a convenience. There is a whole list of things that I'm concerned about. Delivery trucks and increased traffic will put wear and tear on the road. Another thing is a lot of mornings on my way to school I wondered whether school should have been closed because that road is very slippery. Yes, the Town does a great job plowing, but we aren't necessarily first on the list. With a store there I would think you'd need to get to West Dryden a lot quicker. Again, that's more road problems. Another thing, the property values will go down and that's a big factor. West Dryden is really starting to clean it's act up and starting to have some really nice houses being built along the way. If we have a convenient store there the property values will go down and people are not going to want to move there. I think that's a big factor for the tax base. It would be nice to keep that area moving on the upward with nice homes, which it has been. Joyce Gerbasi, Bone Plain Road, wondered exactly where the store would be located. Mrs. Lobdell explained that it would be on the same side of the road as their home, between the yellow duplex and the next place down where the basement of a building has been started. Mrs. Lobdell explained it would be like a country store. In the winter, trucks hauling salt drive West Dryden Road so they don't have to use Peruville Hill. There are trucks on that road all the time anyway. There would be street lights by the store. The building is proposed to be 40 feet by 70 feet. Jim Neimi, Sheldon Road - Our property borders the Lobdell property. I think it would be a good idea to have a convenient store close to the area. Everybody says West Dryden and there is nothing in West Dryden. We have a community center. You do see kids hang out there, but I've never seen any drug dealing. I travel West Dryden Road every day. The road isn't that slippery. When you hit the Town of Lansing line the roads get slippery. I'm a Deputy • Page 3 of 17 TB 10 -4 -00 Sheriff, and there is a lot of traffic on West Dryden Road. During the winter people don't like coming up over Peruville Hill and the trucks travel West Dryden Road. I don't see where it is going to make any difference with the traffic where the store is going. Like I said, our land will border the store and I don't have any problem with it. They will put fuel tanks in and they are all fiberglass now. They don't leak. The reason a lot of these stores are going out of business is because they couldn't replace their tanks. It's the price of them. Myself, I don't have a problem with the store. Jody Earle, West Dryden Road, read her letter to the Board members (copy attached to minutes) opposing the special permit. Mark Stevens - He has done 29 stores, some in the Town of Dryden. Whether or not they would be successful was never brought up before. If someone chooses to do a business they will do the best they can. With respect to robberies and muggings, he's had stores for 15 years and never had one. New computer monitoring systems help with safety. This can be a positive thing. It provides a place for cub scouts or girl scouts to have a car wash. Delores Stelling, 694 W Dryden Road - As far as litter, she now has pizza boxes and pop cans and believes there would be less litter if there was a convenient store because there would be a place for people to dispose of their litter. The speed limit on the road has nothing to do with the people who want to open the store. The speed limit should be controlled and patrolled on that road. No one cares about the speed limit and they will pass on a double solid line. This has nothing to do with the store. It exists now and maybe with the store going in it will curtail things. She has only lived there five years so may not know as much as others do, but she thinks it is a good idea and as long as the Lobdells want to take a chance. The commercial building and business will bring in taxes and she would like to see it. Tina Little, Bone Plain Road - Doesn't care about the runoff. She runs a business and truck stop in Syracuse, New York. New tanks were installed there 2 years ago, and the old metal tanks that had been in the ground for 35 years were not leaking. There are no problems with the new plastic ones. The biggest concern she has with the project is the traffic on the corner of West Dryden and Sheldon Road. You can't see either side looking west and no one slows down. There is dip there. Most convenient stores make their money from alcohol and cigarettes and a little bit on gas. Your only money makers are going to be alcohol and cigarettes. From her driveway she can drive seven miles in any direction and be at the Extra Mart, Clark's in Dryden, or the Town Line in Groton. She doesn't really care if there is one around the block because if she is going to go to the store she probably has something else to do as well. Or she'll stop on her way home from work, because it's easy to phone home and see what is needed. With respect to runoff, there is a lot of spillage from customers and that will have to be addressed. It runs the other direction from her house, so she really doesn't care. She already drinks bottled water. Tammy Rochford - What does it matter where the alcohol is purchased? People get it at P & C and take it home and drink it. If someone wants to buy a pack of cigarettes, it is their life. You can't say it is going to be a high traffic area for the alcohol and beer. If someone is drunk looking to buy beer, don't sell it. If someone underage wants cigarettes, don't sell them. Michael Arthur - Recently bought property on Bone Plain and Wood Roads. He is not really opposed to a convenient store, but he is opposed to special permits. He has been in the construction trade for 13 years and currently works for a construction company in Syracuse. He has seen municipalities do things sometimes in hap hazard way. This seems somewhat of a hap hazard idea. It doesn't seem to have a real basis for the community because his first question would be are there no other commercial properties in that area, maybe something Page 4 of 17 TB 10 -4 -00 closer by. There was a gas station not too long ago on Route 38. Are some of those areas still available? At some point all that property was zoned specifically agricultural or residential for a reason. That was because the people wanted it that way. When he bought property there it was because that's what he liked. He fights with traffic in Syracuse every day and comes back to his property and it's nice - -there aren't a bunch of gas stations and buildings there. He has lived pretty much his whole life in Ithaca and Tompkins County and this seems to be one of the last areas that is basically free of all that, and he would like to see it stay that way. He realizes we need to make steps forward for the community; obviously there is going to be progress. But he thinks if we are going to do that we need to decide as a community where there will be residential areas and commercial areas and whatever other uses they decide. If this is allowed to happen at this time, then in the future there will be the same situations. Perhaps he would like a four -story commercial building, and how many people would like to see that. He believes if we issue a special permit then we will be setting a standard and other people will get permits. He would rather see zoning redone at this time or in the near future to address these issues because the area will grow one way or the other, either with commercial people or with more residents. Many of the things he was going to mention have already been addressed and thanked audience for that. He noted that he did not have much time to review this and would like something written down so the entire community knows exactly what they are planning on doing. He could not locate the site. The community does not have enough information. Supv Varvayanis asked Atty Perkins to explain the special permit process. Atty Perkins - Special permits are for uses which are allowed only with special permits. There is a presumption that the use is consistent with the neighborhood and the applicant has the burden of providing certain information according to Article 13 of the Zoning Ordinance. The Town Board in making its determination has a whole series of questions it must answer and standards which the applicant has to address. This will, of course, require an environmental review in addition to special permit review. The special permit allows the Board to set conditions if it deems it is going to approve the application. Molly Adams, Brooktondale - She was on the board of Historic Ithaca when they accepted the donation of the West Dryden Community Center, and is present on behalf of Historic Ithaca. She knows there is a lot of traffic on West Dryden Road and does not have a whole lot of familiarity with the neighborhood. She noted that a new post office was built in Brooktondale. An entrepreneur tore down an old house and put up a new post office which is not unattractive, but is on a residential street where houses are consistently a certain distance from the road. The new building is set way back with a parking lot in the front with lights shining in all directions that shine into people's homes. If the people in Brooktondale had had the right to comment, things may have been situated differently. Mr. Stevens tore down two buildings of some historic value in Slaterville Springs and built a convenient store. The building sets back and has huge lights. She feels if there is an opportunity to not get into that problem, we should take it. While Historic Ithaca cannot say what will become of the West Dryden Community Center, but they are committed to saving the building and hope it becomes an asset to the community, which she hopes will continue to be residential. Since the end of the dump furor more and more people are moving to that area. Jennifer Micale, 622 West Dryden Road - She and her husband are opposed to the convenient store and gas station mostly because they are concerned about safety and the traffic on the road. It takes several minutes to get out of the driveway and then you must immediately accelerate to 65 mph. This is their neighborhood and this is where they are raising their family and she doesn't want it to turn into a commercial zone. They moved there because it is a rural area and that is the kind of environment she wants to raise her family in. That is the quality of life that she wants for her daughter. She once had a check she had Page 5 of 17 TB 10 -4 -00 written blow out the window and was concerned about who would find it and what would happen. A few weeks later Doris Lobdell called her and said she had found the check in her front yard. This is the kind of neighborhood she wants to be in, where the neighbors look out for each other. This meant a lot to her. She feels that a gas station and convenience store would take away from that. West Dryden Road is already a thoroughfare. It is mostly travelled by people who don't live in the neighborhood and the store would support more people coming into the neighborhood who don't care about the neighborhood. People who live on Bone Plain Road or Sheldon Road may feel that it's not such a bad idea because they don't have to deal with the traffic as much as the residents of the road. It is important to note that travelling away from Lansing on West Dryden Road past the Lobdell's house there is a little hill there and there would be absolutely no visibility for people pulling out of the convenient mart. It would be dangerous and there would be no forewarning because people travel so fast. Travelling from the other direction she thinks it would take a really long time for people to turn left into the convenience mart causing danger of traffic back up and possibly blocking driveways and intersections. The intersection of West Dryden Road and Sheldon Road is already very dangerous and there have been many accidents already. She has contacted Ward Hungerford to put some counters in so they can get an idea of how many cars are going by now and what the speed is. She feels we are misinformed about the volume of traffic and what the speed is. More information needs to be gathered to determine traffic safety and address the environmental issues in order to make sure that the neighborhood isn't in jeopardy. Drew Shepard, 621 West Dryden Road - Is here because he does "give a damn'. He does not know the Lobdells and he recognizes everyone's right to make a living. But sometimes the rights of one individual encroach on the rights of other people. He has questions that he does not expect answers to tonight, but believes they are worthy of answers sometime: Is the gas storage tank installation governed by DEC? How far away must these tanks be from property lines? How far away from other structures? Is there containment in case of leakage or spills? Is this store automatically entitled to 24 hour a day business? What are the specific hours that beer can be sold? Can the Town of Dryden limit the store hours from 7 to 7? He has trouble visualizing a store in this location. Ordinarily they are sited at an intersection where traffic normally slows down and stops. This site is on a straight road with limited site distance, a dip in the road, and it creates an unnatural slow -down and turning hazard that does not exist. Is this site selection a result of proper thinking or is this a case where the applicant already owns the property and is searching for a better use? A store there does not make any sense to him right now. Because he lives within 500 feet of the proposed site and received a letter, it means he will be impacted, and he will apply for a reduction of his assessment. Since news of the application spread throughout the neighborhood, he's begun to hear concerns and fears of his neighbors including reduced property values, stickups at pistol point, cars speeding off in the night, of increased traffic, lights burning, doors slamming, brakes screeching and delivery trucks coming and going. Let's say the store opens, operates for a while and then fails. Does the Town of Dryden have the power to control what happens in the aftermath of a failed business? Can you dictate the removal of the gas tanks? Can you enforce the removal of the signs, the lights, and all that stuff that goes with the store. He doesn't want this application to be the stepping stone to another business in the future. Chris Shepard, 621 West Dryden Road - She feels that not only containment of gasoline in the tanks needs to be addressed. Every time someone fills their gas tank, some spills on the pavement. Every time fluids such as oil are added to a vehicle, some of that drops on to the pavement. What happens when that leaks under the pavement and gets into the ground? Where does that go? That little bit at a time also goes into the ground. Traffic is a problem. She lives two houses from the corner of West Dryden and Sheldon Road and it is very difficult to exit her driveway. She is concerned about the value of their home and the affect the store will have on wildlife in the area. They now have deer and birds in their yard and with 18 hours Page 6 of 17 TB 10 -4 -00 of commercial lighting, they will leave. They moved to this location to be in the country. It is • only 3 or 31/2 miles to the Park It Market in Freeville. It is a short trip to Groton or McLean or to P & C. There is also a convenient store across from NYSEG. There are already 3 or 4 convenient stores within a reasonable distance. She asks the board to take into consideration the people who have been in the area. This is not personal against the Lobdells, but they would like to retain the life that they have. ZO Slater - I've done an analysis and filed a report on the project as it stands today ( Lobdells have a copy). They have a preliminary plot plan for the project site which has a couple of errors. Parking is insufficient. The off street parking area is proposed to be within 10 feet of the west property boundary. That needs to be corrected to 15 feet minimum. Retail commercial uses are required to provide two square feet of parking area, exclusive of maneuvering area, for each 1 gross square foot of building. Parking plan provides for 16 off street parking spaces where 36 are required. An additional 20 are necessary. Site Plan indicates a facility sign at about 27 feet from the road right of way which is acceptable. No detail of size or height of any type has been provided. Solution is to detail the sign. Landscaping and planting schedule are not provided. Buffering is probably not necessary but natural existing border vegetation should be retained and maintained. Lighting plan has not been provided. Shoe box designs with 400 watt metal ballast lights are acceptable for this use. No detail of parking lot surface or driveway is provided. Surface materials will have an effect on drainage and erosion. Further requirements: An on site drainage and erosion plan has not yet been provided. Such plan is required consistent with the provision of General Conditions of Approval item 7. Applicant will need Tompkins County Department of Health Permit for an on site septic system and food handlers permit. Also from Tompkins County, a road cut permit for entrance on to West Dryden Road which is a county highway.) Applicant also indicated there will be need for a liquor license from the State of New York. Typically, they can't apply for that until they get local approval. Trash storage and removal details are not provided. To answer Mr. Shepard's question, DEC does oversee the installation of tank installations in excess of 11,000 gallons. Typically all fuel tank installations for dispensing purposes fall under their jurisdiction and they have to be monitored throughout the life of those tanks. Generally, I have considered this plan as preliminary. Applicant has much more work to do prior to making the necessary investment into the project, but desires a preliminary concept review by the Board which would be consistent with the process the Town applied to other convenient stores such as Big Al's Get -N -Go. Those are the minimum things that would have to be done. Public input and comment may expose other things, and the Board may determine other things are necessary as well. But minimally those things have to be addressed before final review. Supv Varvayanis - We do have the authority and we would set restrictions on the lighting and the hours and signage and things like that. Cl Grantham asked whether the applicant need to be licensed water operators if they are serving food and water, because they are supplying water from a well. Applicant stated they would need to get deli permits from the health department, federal id numbers, sales tax • Page 7 of 17 TB 10 -4 -00 numbers, be inspected by Lotto, call Syracuse for the beer and cigarettes, obtain disability insurance, comp insurance, unemployment insurance, etc. They don't intend to get all this until they find out the sense of the board. Applicant will need to test the water every 30 days. Applicant will contact ZO Slater regarding the items still required. J Micale asked what the next step was necessary. Supv Varvayanis explained that when the Lobdells get all the permits they need, they will come back to the Board for an environmental review. Audience wondered whether comments had any impact. Supv Varvayanis explained that it is pretty hard to reject a special use permit. It is an allowed use by permit. The board can control what they do. If you put enough controls on it you make it so ridiculous they don't want to do it. Obviously the controls you put on have to be reasonable (screening, hours of operation, lighting, etc). Community input helps to determine whether the project is consistent with the neighborhood. SEQR review considers neighborhood character, among other things. Cl Grantham explained that it would be necessary to be specific about what is going to happen to the neighborhood and why that degrades the neighborhood. You can just say "we don't want it." In other situations where people claimed property values would go down, we've asked that some kind of assessment of that be obtained from a realtor or assessor, compared to a similar neighborhood and proposed project. Concerns need to be substantiated. If it meets the law, we have to award it, but we can place conditions on how it operates. Neighbors were advised that they could check the town's website and agenda and the legal ads for notification of the next hearing. Supv Varvayanis adjourned the hearing at 8:15 p.m. and the board gook a five minutes • recess. PUBLIC HEARING KIMBERLY STAIRS, SPECIAL PERMIT APPLICATION FOR A RETAIL GIFT SHOP AT 121 CORTLAND ROAD Supv Varvayanis opened the public hearing at 8:20 p.m. Town Clerk read the notice of public hearing published in The Ithaca Journal. Supv Varvayanis pointed out that the town engineer had no points of interest, and neither had County Planning. Applicant read statement submitted with her application: The proposed project is to convert a barn located at 121 Cortland Rd. Dryden into a gift shop. The only renovations pending are the replacement of three small windows and the installation of a. door that meets handicap accessible regulations. The sewage disposal and water supply facilities do not apply to this project as there will be no food preparation and no public restrooms. The adjacent property is being used both commercially and residentially. There are many small businesses nearby, ie: Dedrick's Fruit Stand, Frito Lay, Lilley's Tack and Feed, the Basket Shop, The Book Barn, and Crown Construction. There will be no profound effect on road traffic as New York State Rte. 13 is already a highly traveled route with ample room for vehicles to pull over and turn in safely without disrupting traffic flow. There are no residential areas between the proposed project and The Book Barn and only three between the proposed project and Frito Lay and Crown Construction. Lillian's will have a positive effect on the community such as, involvement in community events, supporting local commerce, as well as meeting special retail need for the Town of Dryden. Per my knowledge, I have met the federal and state regulations tPage 8 of 17 TB 10 -4 -00 (ie. federal tax id number, DBA Form). After your final review I will be ready to comply with local regulations and fulfill any other requirements I am unaware of at this time. Thank you and I look forward to hearing from you soon. Cl Grantham noted that the applicant's septic tank was located in the center of the circular drive and asked where the leach field was located. Applicant advised that it was located off to the side and people would not be driving on it. The Board reviewed the short form environmental form as submitted by the applicant and changed the answer to number 11 to no. At 8:20 p.m. Supv Varvayanis closed the public hearing and opened the Town Board meeting. RESOLUTION #240 - SEQR NEGATIVE DECLARATION - STAIRS SPECIAL PERMIT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review for the special permit application of Kimberly Stairs to establish a retail gift shop in an existing accessory use structure at 121 Cortland Road. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Beck Yes ZO Slater stated that if the Standard Conditions of Approval (7 -12 -2000) were assigned everything would be covered except the hours of operation, and that the applicant should be exempted from Item #7, drainage plan. There will be no outdoor trash dumpster. Applicant feels existing outdoor lighting is sufficient. After discussion with applicant regarding hours of operation, it was decided to allow operation from 9:00 a.m. to 8:00 p.m. seven days a week. RESOLUTION #241 - APPROVE STAIRS SPECIAL PERMIT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the application for a special permit by Kimberly Stairs to establish a retail gift shop in an existing accessory use structure at 121 Cortland Road, subject to the following conditions: 1. Standard Conditions of Approval (7 -12- 2000), excepting #7; 2. Hours of operation shall be 9:00 a.m. to 8:00 p.m. seven days a week; 3. No outside trash dumpsters. 2nd Cl T Hatfield 0 Page 9 of 17 TB 10 -4 -00 • Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Beck Yes Doug Sutton addressed the board asking clarification on his subdivision (Woodland Park) and presented a plan. At the end of June at the Board's request he met with Henry Slater, Dave Putnam and Jack Bush at the site and went over it. They looked at the drainage that needed to be completed and discussed the easement to the Town of the right -of -ways. Mr. Sutton was asked to put a plan together, which he did, and reviewed it with Dave Putnam to make sure that the swale types were as specified. He has presented the plan to the Planning Board and the Planning Board told him that this would trigger having to go through the whole subdivision process again. Mainly because he and Dave had made some changes in the original design in order to make it work better. His question to the board is should they just go in and meet the criteria that they were supposed to meet and finish up the culverts, trenches and ditches. One retention pond is there and he needs to make sure the other one is done. Then draw up the easement and give the Town an easement. There has been concern on Atty Perkins part about accepting the easements. Mr. Sutton is willing to work the easements into the deeds and have his attorneys draw it up so that the Town's liability is removed from it. He has had no response to that. Cl Grantham was at the Planning Board meeting and stated that the Town Board had referred it to the Planning Board and they had a discussion about it and she believes Barbara Caldwell was going to contact Atty Perkins to find out what procedures the Planning Board needs to follow at this point. It was sent to the Planning Board with a request to make a recommendation. They were working on it and she believes the only question to be answered by the Town Board is whether the Town would accept an easement to maintain drainage. Atty Perkins noted that he had received four different letters, the last: one today. He has tried to call Barbara and they have not made contact. Atty Perkins - I think what this Board ought to do is give some direction on the policy issue and tell Mr. Sutton whether or not you are willing to accept a drainage easement or you want to impose some covenants against the owners of the land to require them to maintain the retention areas, easements areas, and so forth. Historically, the Town has never wanted to take that step where it has assumed a responsibility and a liability for keeping open these drainage swales and so forth. Instead, they have opted for restrictive covenants benefiting the town and burdening the property owner. I would suggest that is probably a more appropriate way to proceed. That keeps the Town out of it. It also can provide a mechanism where if the owner doesn't do it, the Town has certain rights to go in and do it and assess the cost of that against the owner of that property. This is worked pretty successfully in a situation of 366 on Oakbrook Drive where there was a drainage concern. We came up with some agreements and some covenants that obligated the owner of certain properties to keep these drainage swales mowed and open and so forth, and absent their doing it, allow the Town to go in at no cost to the taxpayers and take any corrective action necessary. Cl Beck - These areas will eventually be privately owned lots or will be, or are owned by the developer. Will this be an after the fact type of thing on the deed? Atty Perkins - My understanding is that areas where the drainage easements need to go are on property which he still controls, with one exception and that would require just moving Page 10 of 17 TB 10 -4 -00 the easement to one lot instead of on the common lot line. That actually is the preferred way to do it, then you don't have a dispute between neighbors. D Sutton - Does that trigger having to go through the subdivision process again because that's different than what the Town asked for? Atty Perkins - I think what happened, and I haven't had a chance to thoroughly look at all of this material that has come in during the last week, but it seems to me that the Planning Board when it approved this initially didn't check with the Town Board about whether the Town would accept these easements, so I would deem it to be an offer, basically, which the Town is going to reject, and send back to the Planning Board and to Mr. Sutton. It doesn't have any effect on the drainage plan really, it's just implementation of the required improvements. I wouldn't think you would want to revisit the whole idea of the subdivision. Nothing much has changed. Cl T Hatfield - In fact this allows for a change that is positive. D Sutton - But that was the problem with the Planning Board. The other change that we proposed (pointed out on the map) we were told would trigger a new subdivision process, even though the engineer had found a better way to do it. C1 Grantham - That's part of the question directed to Mahlon. Atty Perkins - That's a procedure that you're going to have to address. D Sutton - So you're telling me that we're on hold until ... . Atty Perkins - Until I can take a look at that procedure question and respond to the questions that have been posed to me. D Sutton - Is there anything that would stop us from going in and just doing what were part of the original conditions? Atty Perkins - You mean complete it according to the original design? D Sutton - Yes. Atty Perkins - I don't know.... Cl Grantham - Except that the original design didn't have some of the detail in it that... D Sutton noted that the map that was signed said "all swales and drainage problems be constructed as proposed." Atty Perkins - That was the original approval language? Cl Grantham - It's in the Planning Board minutes at that time. ZO Slater - It's in the actual resolution. Atty Perkins - Are there any records of what was proposed? No engineering report? D Sutton - There is a complete report. It just doesn't describe the depth of the ditch. 0 Page 11 of 17 TB 10 -4 -00 Atty Perkins - I guess the question is will the Town be better served and will the project be better served if you wait and don't do that but come up with a better plan not involving the removal of vegetation and so forth from the hedgerow and relocating whatever you suggested be done. D Sutton - All of us would be better served by it. The problem is time. Right now I have lots I can't sell. Atty Perkins - When was this approved? D Sutton - 1988. Atty Perkins - It's now twelve years later and you're worried about time? I don't think a month is going to make a lot of difference to you at this point. Cl Grantham - I thought it looked like the details that were being worked out by Dave and Mr. Sutton were useful and important to get worked out. There are things on this, like locations of retention ponds aren't marked on that and so on. I think it's worth getting that worked out before running out and doing it. D Putnam - One has been constructed. Whether it is the proper size or not needs to be determined. Cl Beck - I see Dave Weinstein had a whole bunch of reasons why things had to be changed as a result of the Planning Board. Are these addressed proposed or is that part of this deal that Mahlon has to react to? Cl Grantham - Some of those points Mahlon needed to react to and some of them were being addressed by Dave and Mr. Sutton as they were working. It's not as if none of it is going ahead. Cl Beck - It sure seems to me that if we can work out the better solution without a whole bunch of red tape and a re -app, that's certainly the preferable route. But I certainly understand your concern, You don't want to be held up six months. Cl Grantham - I don't think it will be six months. Atty Perkins - If it's the sense of the board that you'd like to see restrictive covenants placed on individuals lots rather than the Town accepting drainage easements, that's certainly something we can be working on between now and when I get to answering all these questions which have been put to me. D Sutton - I suppose that the drainage ditches that are not a change can be put in. Atty Perkins - Do you have a profile now, or some plan? Cl T Hatfield - It seems you can start working on the areas where there isn't a lot of potential for improvement. That's in everybody's best interests. I think we go in the direction you're suggesting as far as putting the covenants preferably on one lot if it works that way in the drainage plan. D Sutton - I don't think that's a problem. • Page 12 of 17 TB 10 -4 -00 Cl Grantham - I think the covenants is a good idea and getting to work on them is a good idea so it won't take as long. But I still think that since we sent this to the Planning Board for their recommendation and they're spending a lot of time on it, that we should let them finish looking at it with Mr. Sutton and with Dave Putnam and with Mahlon's input, and send us back a recommendation that we can act on that's complete. Cl Beck - What would trigger a whole new application? Atty Perkins - I haven't had a chance to read all this stuff. I think some of it is duplicative, but it seems to me that the suggestion is because if there is any change at all in the plat it changes a whole review of this thing. I haven't looked at that issue and I'm not going to comment on it until I have looked at it. Cl Beck - I think that your interpretation and sense of the Board is certainly what I would like to see go forward and expedite it. Atty Perkins - What often happens is that when you actually get to construction on this things and field conditions or other conditions dictate the necessity for changes, they are sometimes made in the field and then represented to the Planning Board just so that there is a record of exactly what was done, why it was done and so forth. We have an opportunity here it seems to me to take a look at those things before they are done, which is the preferred way to do it. D Sutton - The other question I have for the Board is whether the Town is prepared to go in and what they need to put in the ditch that they are supposed to put in and the culvert.... isSupv Varvayanis - Jack isn't here. Cl Beck - Once we know what's got to be done, it's probably not a problem to get Jack to do it. • Sutton - That won't change. • Putnam - It would change if it moves to one property or the other. D Sutton - What does the Town want in that case? Do you want an easement? D Putnam - I think you'd want to follow the other drainage easements and be on the property owner, with a temporary easement to the Town to construct it. Atty Perkins - We have a form for a temporary license to work on private property. You can get that from Jack. Cl Grantham - Do we need a resolution about covenants vs. easements? Atty Perkins - I think just a sense of the board at this time because we haven't got anything for you to look at. Supv Varvayanis provided Board members with a copy of a letter received from Shary Zifchock of the Tompkins County Board of Elections requesting that the Town increase the amount it pays its machine custodians. Cl T Hatfield stated that she raises some good points. Town Clerk noted that we do expect the custodians to be available all day election day and they • Page 13 of 17 TB 10 -4 -00 should be compensated for that way. Ms Zifchock points out that Dryden pays its custodians 10 less than other Towns of comparable size. Dryden presently pays each custodian $35 per machine (11 machines) plus mileage at the rate of $.325. Supv Varvayanis suggested they be paid $35.00 plus $6.00 per hour for being on call election day. Clerk noted the custodians are also expected to give a machine class for the inspectors prior to each election and must additionally attend training in order to do their job. They must work a general election each year, and there may be two primaries, including setting up the machines, recanvas and being on call in case of problems. It is difficult to find custodians as well as inspectors. After further discussion, it was decided to pay the custodians $40.00 per machine preparation including recanvass, plus $6.00 per hour on election day and while attending or giving a class, plus $.325 mileage, or the IRS rate, whichever is higher. • RESOLUTION #242 - MACHINE CUSTODIAN PAYMENT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board establishes the following pay schedule for machine custodians: $40.00 per machine preparation including recanvass, plus $6.00 per hour on election day and while attending or giving a class, plus $.325 mileage, or the IRS rate, whichever is higher. 2nd Supv Varvayanis Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Beck advised the Board that he and Cl C Hatfield had received a communication from the Assocation of Towns encouraging towns to seek insurance coverage from the New York Municipal Insurance Reciprocal. He stated that that company had been quoted through Bailey Insurance and was found to be about $6,000 more than the company that insures the Town. Cl Grantham - Fernando deAragon has provided a nice summary of what is going on with the Transportation Council (e -mail regarding this distributed to board members). They are still seeking funding for the trail from Freeville to Game Farm Road from a couple of places through the Transportation Council with Fernando's assistance. Cl Grantham has spoken with the landowners adjoining the Dryden to Freeville trail and summarized what they would like to see in easements and it looks like they are pretty close to taking some steps on that. Cl Grantham has names of suggested members for the Conservation Advisory Council (distributed to board members). Cl C Hatfield asked how the Bicentennial Book was coming and Supv Varvayanis stated that they are not moving along too fast. Supv Varvayanis - With respect to the tentative budget, you all remember the County kept telling us we were going to see a devaluation when they did the assessments and it turned out to be a two percent increase rather than a seven percent decrease. The sales tax reduction doesn't take place until next year. The tentative budget reflects about a 14 1/2% tax reduction as it is. Page 14 of 17 TB 10 -4 -00 Cl Grantham noted that the pie chart indicates that wages are 29.61/0 and supplies are 50.8 %. Supv Varvayanis stated that the supplies included highway items such as paving and salt. The budget workshop is scheduled for October 25, 2000 at 7:30 a.m. Supv Varvayanis noted that the Varna Community Center has forwarded the board a copy of its revitalization plan. They will be applying for grant money to implement the plan and would like the endorsement of the Town Board to accompany the grant application. Supv Varvayanis stated that it would not bind the board to a course of action. Cl T Hatfield wondered if the matter had been advertised so that people who were not affiliated with the community center would be aware of it and have opportunity for input. Cl Grantham stated it had been advertised in the newspaper. Cl T Hatfield suggested that as a matter of form the Board have confirmation of the advertisement and notes about who attended the meeting. He also suggested that ZO Slater and Barbara Caldwell take a look at it in light of our existing plan and the plan that is being worked on now by the Planning Board. ZO Slater stated that Jim Skaley had told him that the VCA envisions this as a corridor encompassing the area from Game Farm Road to Tree Forms, Cl Grantham stated they do talk a little about rezoning, but to work with the Town to rezone. The Board will review the document and discuss at next week's meeting. Atty Perkins stated what they are really looking for is support so they can apply for a grant. The Board could endorse this plan without prejudice to any future course of action the Town might take with respect to any legislative decision, which would include zoning. Atty Perkins will prepare a proposed resolution. Supv Varvayanis stated he had received a call from County Civil Service. They don't have any record of any of our office employees. The records for the Highway Department aren't that bad, but for the Town Hall are non - existent. The potential problem with that is that an employee may later have a hard time proving they were a civil servant. We are going to have to get our positions approved by the State. The testing shouldn't be too bad and we'll figure out what is competitive and what isn't. Cl T Hatfield wondered if this would affect being able to hire local people. Cl Grantham stated that the danger is in having people retire and there is no record, or someone goes on disability and there is no record of that ever being paid for them. Supv Varvayanis was told that you can hire anyone who scored equivalent to the top three, and in all probability we won't have any trouble. We have some positions that are double positions and that wouldn't be competitive so we can probably avoid putting anyone's job in jeopardy. Atty Perkins has distributed a memo regarding the Cortland Road Water District and that will be discussed at the next meeting. Residents of the Yellow Barn area have contacted the Supervisor and are interested in Bolton Point water. Supv Varvayanis told them that was probably prohibitively expensive. He thought perhaps we would hook them up to the Village and has talked with Mayor Taylor and she thought that might work as long as the Town covered all the costs. ZO Slater noted the pumping station would have to be moved from near Virgil Creek to near the water tower. There are 87 users at 12,000 gallons per day. Supv Varvayanis believes it would not be done for under half a million dollars. The Yellow Barn people will discuss it and get back to us. Dave Putnam noted that this was part of what was looked at in the cross town water district. The distance to NYSEG is about the same as to the Village line, so the cost would be comparable and you wouldn't have to repump the Bolton Point water to get it that far. In order for the piping to work for the cross town you'd have to put a fairly big pipe in, for Yellow Barn Page 15 of 17 TB 10 -4 -00 you'd need a fairly small pipe, so one is not necessarily independent of the other. You couldn't do enough to satisfy Yellow Barn and reuse it easily for anything else. ZO Slater stated the Village wants to move their pumping station because they have a pressure problem in the southwest part of the Village. Supv Varvayanis was hoping this might solve some of the pressure problem and the Village might share some of the cost. Town Clerk explained that it was necessary to appoint the Town's representative to the Recreation Partnership. Supv Varvayanis noted that Cathy Valentino at the Municipal Officials meeting had stressed the need for continuity. Bambi Hollenbeck has been serving on the current Recreation Partnership Board as well as the Planning Group for the new Partnership. RESOLUTION #243 - APPOINT REP TO RECREATION PARTNERSHIP Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Bambi L. Hollenbeck as its representative to the Recreation Partnership. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham - George Frantz will have a draft report to me this weekend. I'm going to • look at it fast and give it back to him. He doesn't know if he can make it to the board meeting next week, but I will give out his draft report for him. When I read it I will try to anticipate questions might have. So I think that should be on the agenda. Board decided that in addition to the billboard study, the following items should be on next week's agenda: Cortland Road Water District, Conservation Advisory Council nominations, Varna Community Center grant application, HUD update. Cl Beck wondered if anyone had attended the meetings relative to the Owasco Lake Watershed. No one had. He participated in some of the initial meetings (his farm is in part of that drainage area) and will try and contact someone about where it stands now. Cl Grantham would like to know who their watershed coordinator is now. Supv Varvayanis - The ambulance seems to be running smoothly. The part timers are covering just about everything. We don't have all the full timers yet. Two have been hired. They have requested a new computer and I'm waiting for the requirements on their billing program. Cl T Hatfield noted he had heard that they are happy and have lots of people willing to come in and do the work. We do still have one paramedic out on disability. Cl Beck asked to see who had been hired and Supv Varvayanis will provide that information. Supv Varvayanis noted we had lost our cleaning person and need to hire a new one. That person will have to produce a certificate of insurance. There is a possibility of putting a 9 Page 16 of 17 TB 10 -4 -00 cleaner on the payroll; that would take care of insurance issues. Clerk will check with Challenge Industries and other cleaning companies, temporary services, and perhaps advertise the position in the newspaper. On motion made, seconded and unanimously carried, the meeting was adjourned at 10:00 P.M. Respectfully submitted, Bambi L. Hollenbeck Town Clerk • Page 17 of 17 l T2 c1�' %. �� ;' "7i! \ % LL%�L%✓ ��.J�tv?'1` -/�-' J �.� jYG. Jll 7 i T I `�'� `LJt --✓ ��•�`.N _���'6..I�r',i�:1..., C.{iG..> !may" /ems �J! L Y v 7of � r �.- �1•-- C..��•c- •tom`- � --c. -' .- �1L•� -�- �:./ '�:�i--- (�'-��'.i,' ";Y�:✓�?.i�� xj Inbox MSN Home Hotmail Web Search Shoppina Money People & Chat Page I of 2 I- Hotmall drydentown@hotmail.com Inbox Compose Addresses Folders Options Calendar Help Inbox From:. 'TOM" <PAPCATINC@prodigy.neb Save Address - Block Sender Add TOM to your Messenger contact list. To: <Drydentown @hotmaii.com> Save Address CC: <tom_cirafici @hotmail.com> Save Address Subject: 665 West Dryden Road Date: Sat, 30 Sep 2000 15:38:52 -0400 Reply Reply All Forward Delete Previous Next Close Dryden Town Board: I did receive your notice of the hearing as to this property to be held on October 4, 2000. My e-mail for additional information was never responded to. Based upon what i do know and long experience in the fuel sales business, I mush place myself strongly against the issuing of this Special Permit. I am not against the placing of a convenience store at that location as I believe it would be a big plus for the people of the area as well as the Lobdell's and the Town of Dryden. My problem is with the selling of fuels from that location. The wet soil in that area is inconsistent with the placement of under ground fuel storage units. The corrosion and freezing problems related to our winter climate and the high water content of these soils will result in leakage. The fact that these soils are so wet will cause the leaked products to quickly spread to the water table and nearby properties. This is an area who's only source of drinking water is wells on each property. Because of the conditions of that property and those nearby, it is impossible to detect fuel leaks before serious amounts of leakage occurs. The wet soils and the very cold winters cause the fuel storage tanks to flex and shift. That makes the daily tank sticking and comparison against tank charts ineffective. The two locations I had in the area had small tanks (a number of 4,000 gallon tanks and one 3,000 gallon tank). One location had new tanks and the other location was only 2 or 3 years old when i came in. Both locations suffered from this flexing. and shifting problem (mostly the flexing problem). The major oil companies (my suppliers were Mobile itself and Sunoco itself) don't even want to talk to you about a possible leak unless the stick shows the leak and its growing for several days. Even then they won't react before at least 250 gallons is indicated as missing. In another wet place (within the City of Danbury Connecticut) I had my only true leaking tank. It was a Texaco station and before they salesman came out to confirm a possible leak, several days had passed and we were down 500 gallons. By the time the tester's arrived and the set up to test the tank we were down almost 700 gallons. I have no idea how many gallons they lost in the testing but were it not for there not being any wells in that area, there would have been a disaster. I hope you are aware of the leak at the Jacksonville Mobile station in the very late 1970's. It polluted the wells of many homes in Jacksonville. Twenty years later the people were still having to use bottled water for drinking and cooking. There is also the problem of containing customer spills. In that kind of soil you can't just wash off the spill. It has to be blotted up and pick up as disposed of by safe means. The area around the pumps must be designed to keep the spills from running off onto and into uncovered soil. If you have any doubts about how wet that area is just look at the house they have been trying to build on the property next to mine since the Spring of 1998. After 2 years of trying to do something with the land (ncipding filling) it now appears from what was there 2 weeks ago that the house is to be build over a crawl space.' Finally there is the business concern. I don't want to be the neighbor of an abandoned gas station. My experience tells me there is insufficient traffic to generate enough gasoline business to warrant the huge extra cost of putting in a proper fuel selling facility. Will the Town undertake the responsibility for restoring that land if the venture fails? When the enviable leak occurs what is the Town committed to do for the neighbors? What size leakage and related damages insurance is the Town going to require of the Lobdell's? If the Town doesn't have an idea what to require talk to the people in Jacksonville. That leak cost in the millions. http: / /pv lfd.pav l .hotmail.msn.com/cgi- bin /getmsg ?curmbox= F000000001 &a= 970480760211... 10/2/00 inbox If you wish to contact me the best address is tom_cirafici @hotmaii.com, or call 321- 953 -3392 isReply Reply All Forward Delete Previous Next (Move to Selected Folder) Inbox Compose Addresses Folders Options Page 2 of 2 Close Calendar Help Get notified when you have new Hotmail or when your friends are on -line. Send instant messages. Click here to get your FREE download of MSN Messenger Service! Share information about yourself, create your own public profile at j hdI2:#orofiles. msn.com Other Links: Special Features: Buy Music Download new web surfing software Download Music Call PC to phone for FREE` Buy Books Resister to vote online nm Free Games 2001 • Radical changes to come? pharmacy How to get straight A's this fall More... More... C 2000 Microsoft Corporation. All rights reserved. Terms of Service Privacy Statement http: / /pvlfd.pavl.hot nail.msn.comJcgi- bin lgetmsg ?curmbox= F000000001 &a= 970480760211... 10/2/00 4 October , 2000 From: Carol J. Lewis Malcolm W. Lewis York W. Lewis 630 W. Dryden Road Freeville, New York Re: proposed Convenient Store / Gas Station to be built on W.Dryden Road To: Town of Dryden, Mr. Lobdell Other concerned residents near and around the proposed site Below is an outline of my concerns regarding the possibility of having a Convenient Store / Gas Station built on W. Dryden road within 500ft. of my property. In my outline, I have considered the safety, environmental , convenience and cost issues of this proposal. Some personal issues will also be addressed. SAFETY: 1. W.Dryden Road is very narrow / no shoulders / has deep ditches 2. This road is very slippery wintertime. Although the town does a good job of plowing the roads, W.Dryden is not always the first. Many mornings I have slipped along wondering why school wasn't closed until I reached RT.38 3. There are no street lights causing poor visibility. It's a very dark road. 4. There are a lot of deer and other critters crossings the road especially at night. 5. Daytime there is lots of glare traveling from shade to sun and back all along this road 6. Late at night there is often heavy fog 7. There is a potential Blind Driveway situation involved because of the above reasons and the fact there needs to be between 500ft. - 700ft. field of vision when traveling between 40mph and 60mph. There is an incline coming from Lansing going toward Sheldon Rd. making that driveway a surprise. 8. The proposed site is in an isolated area making it too easy for robberies, muggings, kidnappings, vandalism, and even more likely, a place for teens to hang out, buy beer, cigarettes and deal drugs. The Community Center on the coiner of W.Dryden Rd. and Sheldon Rd. already has drugs, gangs, fights and plenty of accidents for its claim to fame, so why add to the already existing problems? 9. The average speed on W.Dryden is 60mph or above. Just try getting in or out of your driveway is dangerous. Traffic going in and out of the convenient store would only add to the already existing hazards. Too many people have already been hurt or killed on our road. 10. It seems obvious that driving, walking and/or biking to a convenient store on this road • would be very hazardous to your health and safety. pg. 3 ENVIRONMENTAL COSTS: 1. There should be an environmental study done, perhaps by Cornell. Who pays for this? 2. What about any regulations similar to those of a dump that need to be met? Who pays ? Who oversees this? How frequent will their dumpster be emptied ? 3. Again there will need to have more policing of the area to help keep it clean and to insure that the rules and regulations are upheld. 3. Who will insist that the buildings and surrounding area will be kept up to code, kept painted, clean,and pollutant free? 4. There will need to be special self contained tanks for the fuel. 5. What type of septic system will be used? 6. Will there be a well and if so can it be guaranteed that it will not interfere with our own wells either by draining ours, or polluting them? 7. Property values will go down along with the tax base for our area. This will greatly affect the town and our schools. There has been a lot of new homes built along our road, but this will stop once the property values drop. 8. Delivery trucks and increased traffic will wear down the road very quickly. W.Dryden and even roads leading to it will be in constant need of repair. 10. More frequent plowing during the winter months will need to be a priority. This also will wear out the roads quickly. 9. Again, who will clean up the mess should the store close down? CONVENIENCE: 1. We would like to trust our Town Reps to protect our rural environment. We chose to live with clean air, wildlife, wooded and wet lands; where it's quiet, private, safe, and the nights are filled with stars. If we wanted the "convenience" of a store /gas station we would have chosen to live in the village , town, or city. 2. When the weather is bad, people will be more tempted to drive the shorter distance rather than stay at home as they should. Accidents happen close to home. 3. Most people will drive to the store and will therefore not be saving anything on gas. 4. The.extra traffic from delivery trucks, motorcycles, snowmobiles, bikes etc. does not make things convenient, rather they are hazardous, noisy, smelly and annoying to those who need to get safely in and out their driveways. 5. There are lots of stores / gas stations coming from any direction to.W.Dryden Rd. for our convenience. McLean, Freeville, Rt.366 & Rt.13, Cayuga Mall, Triphammer & Rt. 34 to name a few. 6. Many people today have cell phones' making it even easier to call home before leaving work. 7. In order to be more successful, this type of store should be located in a commercial setting and not in an isolated rural area. 8. The Zoning will be affected as it will open doors for other commercial businesses to move in such as : video stores, fast food restaurants, car washes, trailer parks etc. October 4, 2000 To: Dryden Town Board Members I am opposed to a convenient store/ gas station being situated at the proposed site on West Dryden Road. SAFETY is one of my main concerns. West Dryden Road is a dangerous road. It is narrow, has minimal shoulders, has dangerous dips from the weight of too heavy traffic, and it is bordered by deep ditches. Drive on this road, especially in the winter, with another car, snowplow, school bus, or truck coming in the opposite direction, and you will fear slipping into the ditch and flipping over. Also the road has an east — west orientation, so the sun at times is almost blinding for the driver traveling west. There is already pedestrian, bicycle, snowmobile, and four- wheeler traffic right on the road, because there is no shoulder for them to use. The store would increase this kind of traffic, and it is hazardous at best. The proposed site is not at a point where traffic slows, but in fact it is exactly where it speeds up for passing. 0 VISIBILITY in either direction from the proposed site is limited. When slowing to turn into my own driveway, I fear being hit from behind, and tires often do squeal. Most of the vehicles, including many large trucks, are going too fast for the visibility and the road conditions. Vehicles must stop for slowed or turning traffic; the road is too narrow to pull around. Traffic arriving and departing the proposed store site would be in great danger. The nearby West Dryden Road/ Sheldon Road intersection already has collisions and frequent near misses due to excessive speed and limited visibility. I see the danger increasing at the store site. SITE SELECTION criteria also concerns me. Despite the heavy and fast traffic on this road, I don't believe this rural area has necessary numbers for a successful commercial establishment of this kind. I would not wish failure for Lobdells, but I believe this site was mainly chosen based on the fact that it is property which they already own, and it is near their residence. 0 These aren't sound reasons for siting a store/ gas station, therefore I feel it may be destined for failure. If the proposed store is approved and subsequently fails, will the special. commercial permit stay in effect for further establishments at this site? I'm also concerned about people gathering and LOITERING and the necessary enforcement which accompanies this. With a likely pay phone, beer and cigarette sales, and people congregating, I fear vandalism and related activities, which are a common mix in this scenario. In a rural area where there isn't frequent patrolling, who will monitor activities? For thirty years my family has struggled with vandalism, extremely loud music and loud profanity, public bathrooming, constant littering, and drug and alcohol problems at our next door neighbor, the West Dryden Community Center. It has required constant vigilance and saintly patience. Over time the problems have decreased, but I think they could easily increase again with a nearby store/ gas station. Who will be checking on the loitering and other activities and enforcing civility? Who will pick up the litter? Visit the hedge row between my yard and the community center if you want to see what happens when people gather in idleness. Why would the board wish to change a rural residential area into a commercial one? Those of us who have chosen to live here do so knowing that we will need to travel to buy groceries and fuel. We don't expect to find these services in our neighborhood nor do we wish to. We hope that our town representatives will encourage commercial growth where it is appropriate and safe and where success is probable. We urge you to help improve our neighborhood by preserving those characteristics that allow it to be one. Please vote against the special permit to operate a convenient store/ gas station at this site. Thank you. Sincerely, )4� / 1 C6 Jody Earle 618 West Dryden Road, Freeville, NY 13068 Brian O. Earle Entrepreneurship and Personal Enterprise Program and Department of Communication faculty member, College of Agriculture and Life Science Cornell University Profitability Concerns about a store on West Dryden Rd, Location Successful stores are best with 2000 -3000 vehicles per day Minimum of 1200, and it is best if not primarily drive time a.m. and p.m., The traffic needs to be steady to maintain high quality staffing and not part time fill -in workers. Corner locations are more successful than mid - block. Suburban/urban locations are more successful than rural. Stores located in or near other commercial sites are more successful. • Market Saturation and Profitability Year Number of Stores 1990 929000 1995 9000 2000 911600 Although the gross profit for 1999 went up 25 %, a majority of the profit is due to.price increases in tobacco products and petroleum products. The actual margin on these products dropped to 2.6 % on gasoline the last quarter available. Actual growth was closer to the gain in the GDP or 5 %+ Major chains like the Elmira Road Hess Mart and the various Dryden stores are squeezing independents out. Store sizes are growing to 5000 -6000 square feet and the major players are building some 10000 square foot stores. Manufacturing brands, like Boar's Head, are an alternative to a franchise and give the impression of a of a national brand but are less consistent, have little marketing and support profits. It also ties the owner to one supplier and lowers "Contamination of sites is all too common for the industry...." leading to lower market. value and difficulty in attaining additional funding. Low unemployment is driving up labor costs. Wage rates, training and retention of new employees will be a problem for the near future. In the Quarterly State of the Industry, July 2000, respondents were less optimistic about the industry future and rated their own companies' prospects lower than the previous quarter. Crime Characteristics conducive to convenience store crime. If a store was: independent, rather than part of a chain a new store (less than two years old). near a high percent of the population.on public assistance not located in a shopping center near a high percent of single males Being near commercial space that was open and operating decreased the chance of robbery. Sources: National Association of Convenience Stores: 2000 State of the Industry QSOI, July, 1999 PriceWaterhouseCoopers Executive Summary: The Outlook for the Convenience Store Industry Through 2005, Beyond 2005 A Matched Case - Control Study of Convenience Store Robbery Risk Factors" by Scott A. Hendricks,'M.S., Douglas P. Landsittel, Ph.D., Harlan E. Amandus, Ph.D., Jay Malcan, Ph.D., and Jennifer Bell, Ph.D., in the Journal of Occupational and Environmental Medicine, Volume 41, Numbe 11, November 1999 -2- , .§ Town of Dryden Town Board Meeting �• October 4, 2000 Name - {Please Print} A( Cj Address p I & vy.� U , �l L000, ,P._ A✓ J f 01t\716(LOrJ 144 0 I l no 1 W/ IC F *&Lj 1