HomeMy WebLinkAbout2000-10-04•
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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From:. 'TOM" <PAPCATINC@prodigy.neb Save Address - Block Sender
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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
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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.
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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
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Town of Dryden
Town Board Meeting
�• October 4, 2000
Name - {Please Print}
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Address
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