HomeMy WebLinkAbout2001-05-02TB 5 -2-OI
TOWN OF DRYDEN
TOWN BOARD MEETING
may 2, 2001
Board Members Present: Supv Mark Varvayanis, Cl T Hatfield (arrived at 8:30 p.m.)
CI Ronald Beck, C1 C Hatfield, Cl Deborah Grantham
Other Elected Officials: Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Stan' Mahlon R. Perkins, Town Attorney (arrived at 8:00 p.m.)
Henry, Slater, Zoning Officer
David Putnam (TO Millers), Town Engineer
PUBLIC HEARING
ZONING AMENDMENT RE: BILLBOARDS
Supv Varvayanis opened the, public hearing at 7: 12 p.m. Town Clerk read the notice
Published in The Ithaca Journal. Supv Varvayanis asked whether there was anyone who
wished to speak regarding the matter and there was no one. Hearing was left open.
PUBLIC HEARING
SPECIAL PERMIT APPLICATION OF RYSZARD WAWAK TO ERECT FOUR MULTI - FAMILY
STRUCTURES CONTAINING 21 DWELLING UNITS AT 1062 DRYDEN ROAD
Supv Varvayzcvs opened the public hearing at 7:15 p.m. Town Clerk read the notice
published in The Ithaca .Journal
Supv Varvayanis read a letter from Howard and Erica Evans requesting that the board
consider traffic issues, drainage, landscape and waste disposal in connection with this
application (attached to these minutes).
Art Berkey, speaking for himself and his partner Darryl Foster, who own the property to
the southwest of the proposed development: - I have a number of concerns that I would like to
share with you this evening. The problem of traffic has already been mentioned. Those people
who live in Varna and go up 366 either to work or back in the evening know that the volume of
traffic going on that road, 366, is tremendous. If we add the 21 units, conservatively 35 cars,
we're going to have 40 parking spaces. This means that you may well have a number of cars
coming back from Cornell, turning left into that area. This can cause a major problem of
backups in traffic. Also getting out in the morning will be a major problem. Many people in
Varna have a serious problem simply getting out of their driveway into the road. Also there is
claim there's about 600 feet of visibility going to the northeast. I want to point out the proposal
talks about east and west and I guess checking my compass it really isn't east and west, so I'm
going to say northeast and southwest, which is accurate. This can be a major problem. I'm
going to urge this evening that you not act on this, that you take a look at it. Let me give you
some of my reasons.
We received a notice on April 23rd from Mr. Slater. Nowhere in this letter from Mr.
Slater did it tell us where we could go and what times would materials be available for us to
examine so we could come and present an informed response, if in fact that's what the board
wants, to this proposal. So that to me is one major problem.
Pagc 1 of 25
�1
`1
.7�
V
TB 5 -2-01
There was also in the material, we had one board member that: was interested in open :
government and ran on that platform from whom 1 was able. to get a packet. However, in the
packet: it said these things will be available by May 2nd, today. So how in the world does the
board expect that people who are interested and particularly people who are neighbors right
immediately next door, are going to come down and be informed?
I'm particularly concerned about the drainage. The gully that they talk about on the
southwest is primarily on our property if I'm looking correctly, and I looked at the new ribbons
that are there. This means are we going to have a problem of draining down into that gully and
have erosion and cause a problem for our property. I'm not sure because the drainage
information was not provided.
I also took the
liberty
and going and pacing
off the visibility going up northeast. And let
me tell you, there's no about
600 feet: there unless
my pacing from my farm days is really gone,.
I imagine in my older
age my
pace is not a yard. It
probably is less than a yard so I'm giving
him the
benefit: of the
doubt.
I want to give you some other information. There seems to be confusion about how
many units in fact we have and what the zoning is. When they did the environmental thing
they talked about 28 units and that was crossed off as being the maximum amount allowed by
zoning. And then it eras 22. Now this is signed by the proposer, but there's no initial there so I
don't know who crossed off the 28 and put the 22 in, which I think is important:. If we don't
even know what the zoning is, then I think there are problems with that particular part.
laet me move on do«m, I've got some paper clips on a section of this. Now I'm into the
proposed apartment complex that we have. It talks again about this 600 feet to the east. It's
really northeast. And based on a 45 mph speed limit, that is a joke, because cars coming down
that hill, if :anybody has been there, do not go 45 mph. In fact, they pick up speed going down.
I agree that the legal speed limit is 45 mph, but that is not what the cars travel, so unless
you're prepared to provide some enforcement so that people don't travel faster than that, that
in fact is a major problem.
Agwn, I've already talked about the problem of documents not being available for
examination before the public hearing in reasonable time. And for me that's a problem. If
you're interested in open government, then you provide those. It also talks about the proposed
project is a relatively small, but upscale apartment complex. 'If in fact it's 22 units, the
maximum that is allowed by the zoning, then 1 would hardly call this a. relatively small
complex.
Now we're getting into the environmental assessment form that was done. The
environmental assessment form was done based on 28 units. Now it's crossed off again with
the 22. Again I'm not sure if the people who did this really knew the zoning or they knew of
what questions they really should be added on the particular portion.
Again, we're asking for an application for a special permit. A special permit is one
which everything should be complete so there should be an opportunity to be examined. And I
would hope you would not: act on this this evening. There was even a proposal where there was
a request to rush the county person to get their response back in which did not give them
adequate time really. And I believe Mr. Slater said I know this is short notice but we hope you
can get it back to us by May 2nd. I have not seen that response or whether or not that is here
and I think that there ought: to be a reasonable amount of time for the people, at least the
people who are immediate neighbors, to have an opportunity to review all the pertinent data
before any approval is done. There's going to be major excavation done for the pond, and
again, the gully is on our property as I look at it, and I'm concerned about the conservation of
that: and so that we don't get erosion in that gully and causing a problem for our property.
Page 2 of 25
TB 5-2 -OI
Su-PV Varvayards - Caii 1 interject quicky? f didn't realize some letters were in here,
they just come in our packet today. There's a lot we haven't twen. I was talking to our
engineer earlier today, and I for one, would like to not take action today and do this -next
month. If that's alright with t]ie rest of the board, we can continue gathering infurmation and
A Berkey - There's also no information on soils, so we don't really+ know what the
percolation ra#tx is as far as the drainage is concerned. And #hat's another cUnCern. being a
gersf,n who has some knowledge of sail science. 'Thank you very much_
upv Varvayanis - Is that okay with. One rest of the board, lust looking at the
mfnTmal' on to date?
Cl Grantham - I think tba.t's a. good idea.
Ck Be6: - I think there's clearly quite a. few concerns here,
upv Varvayanis - So hopefully you with all have time to look over whatever we get or
have gotten, will get tnzaight, and our engineer report, so I hope that takes care of that
complaint.
1 Grantham - So will wereschedule the hearing?
Sugv Varvayanis - I want. to continue the hearing,,,,
Cl Grantham - But well have another cane_
Supv Varvayanis - Right, and kve "ve gat 60 days to come to a depsion_ So we won't take
action totaight_ 'fiat see-ms to he a. cnnrern.
Supv Varvayanzs read letters received frcrrn the fallowing individuals (attached to these
nutes),
mi
W. Craig Tucker. in favor of project;
Walter and Steve Emerson, in favor of Project.;
Larry Eannetta:, Mi favor of project;
James Manson, Jn, Commissioner of Planning, 289 1 and rn rekriew -,
Jeanne Mueller, against projeot._
Gary Wood, Engineer representing Mr_ Wawak - I guess I don't have to tell you where
the project is. I've Uncaught Cj1an a small copy of the site plan (distributed w board members).
I'll address first the question over the number of units_ I'm sorry that's caused some
confusion, but when we fi,rsll looked at the parcel, it would hold 28 units according to the
density and frontage requirements of the wning ]a . In trying to work out the site plan, that
j gal: wouldn't work, so we're down to fc}uz buildings containing a total of 20 units with a
passible appendage on erne that wrould be either a studio apartmeint oz an office or maybe a
combination of the two for a live in resident. I was prswented with the letter from Mr, Putnam
today on my way in, and glancing over it quickly I understand that he still has some concerns
over my drainage_ Those concerns must be resolved. That's all there is to that._ We,
understand an know fib well shat we can't increase the runoff and whatever I do there, we've
got to make is such. that it ur Jl not be detrimental_ The design that I presently sought
decreased the, fifty year runoff if I remember correctly from 1.9 to I.8 cfs, At the ten year and
two year level 1 bad increased the runoff` because it is a Utde bi er pipe, but other than that it
is certainly at the 50 year level we intended Co control the nmoff kaithout any increase,
Fagc 3 of 25
TB 5 =2 V1
Mr Wood showed pictures of tlio site to the burr] u,embers showi�-ig the entrance to the
w-i�e, from the apposite directian (the rail road right of way). a view on the site, and the culvert
referred 110 by Mr. Berkey, Mr Wood acknowledged that increasing runoff through that cL11VCrt
"is going to be a bit of a problem"_ One photograph showed sorne sloughing off on the dovmhiLl
side of the culvert and Mr Wood. stated there are "some real proble?ns on that downhi It side,
but that's off any thing that Mr. Wawak would be doing so there's little cuia trol we can have of
it, other than inswing there is no increased rur4off`.
C; Wood - I have talked to the DOT about the access and i have a verbal report from
Tarla Arnold in the Cortland office that it is adequate and a. permit can be issued for that
drove ay, I have lwrit e-n to the State DepaiT meat of Parks and Ristoric Preservation asking
their advice and consent and have)A received an answer as of this time. The prnposed density
an the property is about 2 5%. That includes the paved area which qualifies it as a garden
apartme)-ii.. Having spent 3 }�eurs un the sail business I'm I thing somewhat aware of .soils and
soil problems_ ` bere may be some problems, and once Mr. Wa ak has purchased the property
I have told NIr_ Pulnam that we would dig cx}me test pits and come to some mutual conclusions
as 1x) what slopes can be sustained and adjust the walls a.ccordingiy. So that's been �ddzessed
to that extent. For the public's benefit there wili be no on site sewage disposat_ There is public
water and sewer there so %&re are not concerned abou I, pezcolation or anything of that na,t:ure, I
know that site a tit :1'.te bit better now thanks to NLr, Putnam's guided tour. C was reluctant to do
that initially and no I'm glad 1 did,
upv arvay; an.is - if the soils are so questionable, would it make sense to get some test
borings nerw? Do you Mink you would need that: before you could approve the retail ng wall
structures?
D Putnam - No. it's more an Issue with that type of soil to have a slope that you can
maintain, which means you insiltad of having a ,steep bank that you're going to try 1.0 grow
grads on, he's already proposing a retainir v-a11_ The height', of the wall i.s what we need to
de #e rmine. by the test pits or the borings, not whether the wall is needed or not,
Geoff Potllrar, 9 ))ryden road - I've lived in this area over 30 years, There used to be a
house in there. Is that house torn down and buried on site?
Wood - We don't know that at this point,
G Potter - Because tbat house had asbestos shingles on it.
OT Wood - Thank you, oppreriate it_
Potter - Nobody knows whether that house was hauled away or buried.
T ]Broom - I live there and I can tell you. that the house has collapsed upon A%elf
Patter - Well they buried it on site_
T Brown - Na. It just collapsed and it's la }Ting afore,
G Wood - There's no visible evidence on the site now- But it could have covered aver_
Thanks.
there.
Putter - I know when they pu it the water and sewer in they had dozers and stuff` 31r]
Pagc 4 of 25
TB 5 -M 1
upv Varvayanis - I'm sorry for the interruption. Will you continue with your
presentation?
O Wood - Actually, I welcome the questions and I welcome the heads up t ❑o. The last
part would be this model (displayed) that's a model of the existing ten unlit complex on Baker
H111 Road that was referred to by the neighbors_ Mr. Wawak's proposal is to builri similar units,
In many ways the grading will be similar, grading up from the parking lot to the units- (These
units are the wane size as those already built.)
Ken Finklestein, 944 Dryden Road - I know that in the RC Zone anyth.ing over two acres
of land to be developed requires as site plan review, a,nd I wondered whether this was also the
case for this. It's not R, but__.
upv Varvayanis - We're doing the site plan anyway so.,,_
O Slater - That's not quite right, it's
a special
use pe=. t_ it's in the
same category as
the Lucente project.
Being it's more than two acres it
requires a special use
Permit, which in
effect is a. type of mite
plan review, but it isn't
quite.
K Finklestein - So the Planning Board doesn't have to review this project?
.O dater - No, in fact they didn't have to review the [ ucente project, but the Planning
]hoard volunteezed to do sue, so the Town Board took them up on that and utilized their talent,
and abilities to assist them with that project.
Tom Brawn, 4 Forest Lane - I have some concerns. One of the concerns I have is th;�k
the plans aren't available for me to revi
nt ew prior to this meeting. I did came down and see the
Zoning Officer and there ryas one marked up sheet and that. was it_ I would like to see a whole
lot. more afore I can comment on it very much in depth. I drive up and dawn route 356
several times a day and that's going to be a dangerous driveway. If you put 37 cars in that
parking lot, that's going to be a hazard. There are a lot of accidents. I sit in my house and I
loo} out the window and I can soe the cars backing up on that hill many, many times in the
winter because of accidents in the middle of the hiJJ.
The other issue I have iS that this development is asking to put absolutely the
maximum number of waits that are allowed on this sixc lot. Because you are pushing to the
limit, I think you have to look at it very seriously. We need a complete set of plans for us to
look at very Carefully and. have some time to think about it. The other con eem 7 have is the
Dryden trails that are being developed on the lack side of the property,
This apartment ccimplex is going to be right up virtually on top of the trail and I think
there shMild some screening: either landscape screening is probably the preferred method of
screening so that they don't interfere with the trails in any way, shape or form. At the sarne
time, they should have access to the trail bec;�,ucie we want to have people use those Ixails and
if you are going to develop that many units that close, you really need to make use of those
I;rails.
There are no services in the neighborhood of tbis development. There is nc grocery you
can walk to, no post office, nothing, so everybody is going to be driving wherever they go, and
it's going to be a lot of traFfir in and out of those driveways, I believe that presently right near
there there are already four driveways and 1 witnesmd a near accident there last week from
somebody trying to get in and out and this would be probably five times the Iraflie going Mi and
19 out of driveways in that one spot, It's going to be dangerous.
Page 5 of 25
TB 5-2dO1
The other question I have pertains to the water and sewer_ Which water and sewer
district vwoWd this connect ro? It obviously can't: connect to TLukey Hill Water and Sewer
District because that's full, There may be capacity in Monkey Run Water and Sewer District, I
don't know. Or possibly in the old Varna. District_ I'd be very curiou s to see which water and
sewer district this is goner to connect to-
I'm looking forward Co hearing more and having the full plan when it is completed
available to review-
Supv Varvayauis - I thought [ made clear that we wooJd be .releasing all the inforr d-inn
arLd not taking any action so that you would Inave more time to comment. I should also correct
a misstdtument of fact. The maximum allowed on this lot wc,uld be 28 units, and they've got
20,
T Brown =T think you've g
confusion about. what ,size the lot
sure_ '1'he answer I got was we're
I think that's one of those details
present them to the public_
of to really measure and determine, because there's same
is. 1 inquired as tax tlae specific size of the lot and. m not,
-not really- sure exactly what size it is_ i1.'s about this size. So
that Aced to be worked out, b) the final plans when you
R Wawak - I'rn the person who's trying to develop that tat. I would like to address same
of your concerns immediately. It's a two point acre lot and this Would, ;�JJ OWE) r abouC 56
apartments as far as the znrxing Jaw goes. The only limiting factor is the frontage which allows
for 28 _ V4,e are applying for 21. As far as the trail in the back, as you see we are far away wish
the buildings from the iT4JJ and that 1s one of the reasons, we want to preserve it. (Mr Wawak
pointed out an the map where the trail was, a steep slope toward the center of lot) You could
barely see them (the buildings) from the trail. The trail is about 2 0 feet below that surface. At
this point. the levels agme, and. we would like to Have some access to those trails for the people
living here. We will preserve the trail. That 's the bottom line. Another issue was traffic.
Rased orL experiffn.ce whirb we ]gave Witb 19 H.i.il Rnn4, we }wilt' ten L nits, I don't think
anybody feels an increase in the traffic since last year because of that. There is a bus line.
Maury
people use bus to
Cornell, they d.or't
da ive_
Two tenani;s out' of nine don't have cars
Some
tenants u ze hikes_
Sri I
think
that
is
some
of the
concerns.
World - Mention the right of way Lvidth that you've got to stay back because of the
Town's casement. I'm tal ld-ng about the property line that goes domm the centerline of the
railroad _
R Wawak
- That's 41 1
f 2
feet.
Because
this is
an easement
for
water, sewer
and n1.ber
utilities possibly
In the fu Ilure,
it
also
works as
a trail.
So basically
we
will -never go
there.
G Wood - And an automatic set back.
R Wawa - F "xactly_
A Berkey - I appreciate your cozumenrs on traffic, but do you believe that at Baker Hill
that you have i.be limited sight that you do at Char trill goMi g down? 1 s chat your opinion?
You've never driven do %vn that bilJ coming into Varna? Right clown ,..,
R - Uawalc - Yes, I did.
A Berkey - Do you think that's any different than it would be at the }ulcer Hill entrance
anti the sight you have there for half as marry c nTs? 0
Page 6 of 25
TB 5 -2 -0I
R Wow ;k - The guidelines by the Depurr.ment of Transportation is 440 feet and we have
is 600 feet -
A Berkey - How was that measured? Laid .%orneonc take a tape and measpure it?
R Wawak - Yes we dad-
A Berkey - Moll - --
G Potter - where. is it measured from the curve? The curve to the top of the hill?
Wood - When you measure sight distances, you measure something you can :we 4 -3
feel off the ground. You're not loolcirng at. the 1,m)und because that's where a car would be. °o
we're talking about from the driveway to a paint over the curve where you can see sonn.ediing,,,
A Berkey - The only thing I can tell you i-s that as I said before, we own the property
right adjacent. And I try not to go there during the peak hours because I have trouble getting
out from the cars, even turning right and the cars corm g over that hill in a steady stream,
parncularly in the morni g. And the other way, coming back from Cornell in the high traffic
hours, if you have cars backed up tUMMg intro that driveway coming to the northeast, you're
going to back that tTuAc way up right into the center of Varna. All you need to do if you have
40 cars or 35 cars and youre got six nr seven chat turn into there. I do not believe that most
of those people bicycle, unless C heard yaLt wrong,
R Wawak - Not mono, buC some. And some will bus, There's also problems with puking
at Cornell; that's why they do it. I think you h:jve an apartment also right?
0 A Berkey - That's correct.
R Wawak -flow many do you have?
A'Berkey - We have four units and we have three cars-
R Wawak - This is an apartrnenI: house?
A Berkey - That's right- There Is four apartment.% and there's three cars- And they
complain to us about their ability to get Mi and our of the driveway. Another thing that will
happen is if people are going to do the bus, this means the bus is going to be stopping Chere a
lot of the time Iron, and it's also going to be stopping coming the other way and letting people off
at that place. And that's also going to be another traffic hazard. So T think you're really
mak. ng a traffic problem that cannot be ignored. If you're up on Baker Hill area where people
have got a long sight distance, that's one thing, but I think it's going to be dangerous, and I
hope you don't get somebody killed. Thai's all I have to say-
R Wawak - There's another issue here, Some phQople will relocate fmica areas which are
farther away, so those cars who are drivuig from NySEG area 1xu not be driving that fu. And
some people will relocate. 'Char.'s our experience from our aparinent cnmplec Some have
relocated from Dryden I would say, thafs a shorter dislnauce, so that cuts the traffic.
l agvak pointed out the borders of the property on the map and a gully on the
property- Ike explained what he rated natural borders, including existing vegetation, the old
railroad track, Cornell property which is va.caint and vegetated. He pointed out a house 200
feet from the property line and another one about 300' away,
Page 7 of 23
TB 5 -2dll
K r, inklesttein - Mr_ %?aurr'ak, I vroiald suggest in a very positive way that you take a
morrdng between 7 and 9 in I:he mon, xag and sit maybe at the parking lot of the mel:el, and
you'll see that there are trailer trucks and particular cement: trucks that barrel dawn that
street that I think will change your rxund about how safe that area is. I'm not faulting you
about that, but i1.'s something that I've talked to the To %vn Board about many times, written
letters about, etc. I'd like you to experience it fear YU%0TSelf just so that you know what I am
talking about.
R Wawak - Okrq, I will do that.
Susan Ashdown, 12 .Forest .Lane - I have a diflerent take on some of this. I believe it is
out of character with the rest of the neighborhood. The small four unit apartment building is
very different from putting 20 units together in one spot. When I paced it out it was 500 feet to
the crest of the hill. The buses will not stop there. It is an unsafe place for a bus to stop. It is
also an unsafe place for people to walk to the nearest place where a bus will stop. That road
in the winter, that hi.0 is where the traffic backs up. It's the only place I've ever been stopped
oaa a bus because the bus couldn't make it up that hill_
i believe in building concentrated housing, but not so far from services adding traffir, to
already troubled 366. People do not locate closes to town. 'I'lney'1l mane nut because that's
Duman nawre tin move ou c. Creating* concentrated units of housing in places away .from
services is not doing our community any favors at all. I would love to see ari elevation showing
hour those houses are goi g to be hidden by that slope, I walk down that rig3at of way every day
and it's nut that obvious a slope from looking at it from the trail_ I don't believe those buildings
will be hidden fi•om the trail. '11-ie trail. has the potential to be a major asset fox tine communit_y,
for the County, for the region. Right now the plans are 1'o connect it with the East FEU
Recreation Way and thews eo F,tna, then anotrier section Etna.I:o Preeville, and the section from
Freeville to Dryden is already funded and then that connects to the, :I;]ryden trail. On the lust
)-hill ]recreation Way there is already money to exrend that trail and possibly even 110 the Black
Diamond trail and on the Dryden. side there's been same talk ab {}ut fining all the way to
RidAbrd, So this is a major potential recreation way for the County as a whole and I think
to ed
Mg
the aesthetic value of tbot could be really detra_mental..
The building an Baker Hill I dmink is not
bunch of buildings i�rnxnmed into a tiny lot and
square inch taken up with parking and houses,
of that piece of land. Right now its low density,
it''s allowable within the crarrent zon g, but we
and it's really awkward to talk about doing this
to reshape ourselves_
8:00 p,m: w Atty Perkins arrived,
in the character of the neighborhood_ It's a
tkiere's minimal landscaping, every allowable
So 1 0-iink that it's not a. very reasonable use
they're mak -ig ir high density. I understand
axe in the middle of 1xying to adjust that znnixig
at this lime when we as a community are trying
Joyce Gerbasi asked ITT. wawak to explain. Ole colors on the, reap. He, said the pink was
the parking lot and da ive ay, Fellow is the buildings, blue is die reteutinn pond, and evervthing
else is green (vegetation). The retention pond is actually a catchment area and will be dry most
of dae time.
J Gerbassi - [f it turns out i:he trail is not possible to i�}late visually from the houses,
would you have uny objections i;n doing some landscaping?
R Wawak - ale will do laa-idscaping. I can not promise that il: will completely isolate it,
There are other houses you see. You May see some, 'but not 1'csU much,
Page 8 of 25
TS 5 -2-01
S Ashdown - No. You don't see any houses there. I walk that every day and you do not
® see any houses along there. The only thing you see is the pumping station.
J Gerbasi - But he said he11 do landscaping. Second question. The point of the bus
stop. Has anyone actually talked to TCat to see if (a) they will stop there, and (b) if it is
considered a dangerous place to stop, if you could arrange a pull off of any sort for TCat?
R Wawak - That parking lot is large, the driveway is large. If they want to drive in they
can drive in, it's large enough.
J Gerbasi - But has anyone actually talked to TCat?
S Ashdown - They will not stop where....
J Gerbasi - Okay, but have they declared that this is a dangerous area, or is it your
feeling that it's dangerous?
S Ashdown - There are already people that walk from that area because it is a
dangerous place for a stop.
R Wawak -There is a question if this is really a dangerous place or not. The
information from the DOT, they allow 440 feet. We have 600 feet: so, it's not a corupletely flat
road, but: it's only 71/6, so it's not that bad.
Da«m Potter - In the mid eighties we owned property at 1145 Dryden Road, which is up
close to the Antlers. We had a circular driveway. On a daily basis, several times a day, cars
would come up, turn around in our driveway and then come back down. One particular couple
® were the Willis' that lived in Art Berkey's apartments because he couldn't safely make a left
hand turn into his driveway. So he would come up, turn around in our driveway, and come
back down 366 to make a right hand turn, instead of stopping traffic to make a left. He caused
one accident, and then his car was pushed over into the ditch because cars cresting the hill
were coming too fast during snowstorms and he was rear ended. This was in the eighties and
we sold our property and chose to move away from 366 during that time because we had small
children. The traffic has only increased along that road. My husband who does snowplowing
doesn't even bother to do plowing between 3 and 7 because the traffic is so heavy. Any plowing
that he does is done well before 6 in. the morning because you are going to sit for several
minutes to get out. The other hill coming down into Varna has 27 apartment units that Mr.
Lucente built. The apartments weren't even finished before Steve Lucente himself was rear
ended with a major accident turning into his own units. And when you say it doesn't affect the
neighbors, it does. Grandma Potter who lives at 902 Dryden Road has always been able to sit
out on her porch. She can't do that anymore. The music is loud. The traffic is much more
intense. The garbage is unsightly. There's many complaints about that road. So you're gonna
come down the hill, you've got apartments on one end, ,you'll have apartments on the other. I
think Varna is going to be inundated with apartments for a community that we're trying to
keep a community. We're not asking for Collegetown Two.
R Wawak - This is I would say a. quarter of a mile at least from the nearest homes in
Varna. I think it's close to half a mile to the main portion of Varna. It's quite a distance.
A Berkey - It's very interesting to me that it's only 600' or 500' depending on whose
measurements you take up to the crest of the hill, and yet we're a half a mile to the center of
Varna.. I don't think that's accurate. I think you're right in the center of Varna when you get
down right at the base of the hill. As soon as you come down that hill you've got the
® laundromat there, or whatever and whatever. That's getting right into the hamlet of Varna. The
distance is not a half a mile. That is absolutely impossible.
Page 9 of 25
TB 5 -2-01
R Wawak - I said to the center of Varna. The nearest home I said was a quarter of a 0
mile,
A }3erkey - Well, I think if you loots there's a four unit apartment house on the left, right
after that. It's right on the other ,side of, vn the corner before you gel: to Freese Road and
Plea%ant Grove Road. I think iFyou 1&etncasure1 0 01
upv Vanvayanis - Tan's riot really an issue here I don't think,
R
W� ivmk
- One thing an
the question of visibility, if you drive out from 'Turkey Hill the
distance
is about
half Compared
to what we would
have here,
G Patter - But Ou're not in the center cif a hi1C when you are trying to turn out of that
ititersec lion _
R Wawak - But if you turn left_ you don't see over the J�iII, you don't see she cars coming
if you turn Left_ The visibility tbure is much w rse than it would he here.
Worse,
T Brown - We won't argue that Turkey Hill h3tersection is nvl: a dangerous intersection.
Ashdowm - You can't make a dangerous situation just because there's another one
R Wawalr - But the other one is ba4ically okayed by the gDveniwent.
Potter - It's also} in the works of putting of stoplight there, because U).e Fire
Department's up there. 0
? ?? - [ live right next eo the Turkey Mill intersect on and ,since they put in the fire
Station I hear squealing brakes every day. There's squealing brakes ayzd there's ne;�x misses,
people are running off the shoulder of the road there. The shoulders of the ignad are very
narrow along this section_ They are not wide. There is no room. There is no place far cars to
ga.
G Potter - I just think somebody needs to sit in that driveway between peak rush hours
and count vehicles. between 7 all m, and 9.
G Wood - The
i ily
problem with
tha,�' is just rinunting them isn't going to angwer some
of i±ie other ccsncerns
that
we're hearing,
I hear you loud and clear.
G Patter - Somebody ought to clock those Cement trLlcics that Come dowxi there 60 mph.
? ?? - 'That's not a 'Gown Boazd issue, that's a t Toper issue. That's a law enforcement
issue,
Malt Emerson - I live right next to Richard. Somebody said something about trash and
staff, You could walk his property down there now, and I bet you couldn't find a cigarette butt.
He keeps it that: clean.. He has dumpsters and he has containers for recycle_ There is no trash
laying arlound_ It's kept up nice, The landscape is goad. Tae's put ire a lot of shru- bleery. It
-borders us_ He pull a wall in there and the cars park there and we don't hear th.em coming or
going or anygrL ng. There's no load noise or anything. He's got all good tmaants. T11Cy live
different khan I do_ They corns in and go in and they stay in, I'm outside all the while.
Woad - Tliarx]r�Fou.
Pale 10 of 25
198 5-2-[l l
upv Varvayams - Mahlon, our plan was to have the engineers work out some more
information and get it out to the people and continue the heari n m
ng ext onth_ Whzm. !4 OUT hest
course of �kCtion W, Iius point?
Atty Perkins - CoMinue fhe hearing to next month. It probably should be renoticed
given the amount of interest in it. Don't close the public hearing,- just continue it to whatever
date you adjourn to_
RESOLUTION - CON'I`I WE'WAWAK PUBLIC HEARING
Cl Granthayn offered the followirng resolution and asked for its adoption:
RESOLVE 1), that this Toren Board hereby can the public hearing on the special
permit application of Ryszard (Richard) %lawak to construct a ,21 unit apartment complex at
1062 Dryden Road, to June b, 2001 at 7:40 p_ m, at the Dryden Town Hall, 5S East. Maui
Street, Dryden, New York
grid G113eck
Roll Call Vote Cl Beck Yes
upv Varvayannis Yes
Gl C Hatfield Yes
1 Grantham Yes
upv Var+va axis asked whether there were any other comments on the public hearing
for the billlards and there were none,
Cl Grranffiam asked abo aa i; the question raised by Jim Hanson in County Planning
"please dote that some areas where billboards off` premises signs vmuld he allowed are located
m the runway proteclion zone ". Du we have to do anythirc about that? is that regulated in
some other way?
Atty Perkins -It's not regulated by us. There are regulal_io��s regarding the size of the
structures that can be placed there,
Cl Ormitharn , So regardless of our zoning, those regulations ,hold. go we don't have to
worry about it. This is just bringing it to our alrtention, Okay_ .€ would move that we would
amend the zoning to include the MINA zone fnr the billboard ordinance,
Atty Perkins - Before you r10 that, you should move in [,n Town B.oaxd session.
Cl Grantham - Is it all righi, to continue that other -public hearing without going in? We
need to do that too_
K FinkiesLem. - This morning I called and spoke with Dianne McFall and asked to get on
the agenda and it's sort of germane to this discussion we just had about the apartment
devel apment. I didn't see anything on the agend a, I don't Imow whether. , ,
upv Varvayanis - You're _jotted down here. Could you call the roll?
upv Varvayanis opened the Town Board meeting_ Town Clerk called roll, all board
members present excepring Cl T 171 atfield wtao is expected to arrive lager (diiel to his daLighter's
serxior concert) ,
'age € € Of'15
TB 5 -2 -01
RESOLUTION 4122 - CONTINUE WAWAK PUBLIC HEARING
0
C1 Grantham offered the following resolution and asked for its adoption:
RE OLV6T), tha[ this 'rown Board hereby continues the public M.earb -ig on the speA_�al
peTmit application of Ryszard (Richard) Wawak to constru.cl'.,) 21 unit apartment complex at
1062 Dryden load, to ,Tune 6, 2001 at 7100 p,m. at the Dryden Tomm Hall, 65 Fast Main
ixeet, Dryden, New York
I'd Supv Varvayanis
Roll Call Vote Cl Beck Yes
upv Vatvayanis Yes
Cl C HatfieAd Yes
C1 Grantham Yew
Cl Grarolham made
a motion to amend the
-zoning resolution to
include
the MArl
Zone in
the area where billboards 21re permitted, seconded
by Cl C Hatfield, all
present
voting in
favor,
Cl Grantham - Are you k r,ting to say something kxefore we vote?
upv Varvayatiis - Should we do the 239 1 and m?
Atty Perkins - No. I think the record should reflect the receipt of thal._ And have you
clone the SEQR shori, fnTm yet?
Supv Varvaynnis - No. 0
Atty Per]rins - I'd like you w consider the SEQ R first and then adopt the amendmeni's
that were the subject of the first public laeazing so that it fvtlows the SEAR, and then if you
want to consider adopting the chax es for the MAA Gone_ adopt that_
The $oarcl reviewed the short farm enviroximental assessment form (copy in file).
RESOLUTION It 123 - NEGATIVE SE R DiECLARATION -
ZONINGr AMENDMENTS FOR BILLBOARDS
C1 Grantham offered the fallowing resolution and asked far 1Fs adoption;
RESOLVED, that this ` ovm Board hereby issues a negative declaration under SEAR
review in connection W.th the proposed amendments to the Town of Dryden Zoning Ordinance
with regard to regulation ofbillhoards (off- premises adverhising sighs).
2nd Cl. Beck
Noll Call Vote Cl Beck Yes
upv V arvayanls Yes
Cl C Hatfield Yep
Cl Crrantlram Yes
Sugv Varvayanis - I4d like it shown in the record that, we have received the 239 1 and m
and are re- accepting what we did last month,
Atty Perkins - I think now someone should rnake a motion to adapt the proposed
amenderifs which were the subject. of the public hearing on April 4, 2001 _
Ra4t;c .l2 of 25
IT 5=24)]
Cl Oranthani - Instead of the motion to just do the MAA A)ne.
Atty Perkins - I'd like you to r "adapt that amendment.
Cl Grantham - Okay, that was the earlier ; mendment.
Atty Perkins - Right, which you already had a public }gearing on April 4th,
RESOLUTION P 124 - READOPT ZONING AMENDMENT REGARDING BILLBOARDS
Sul v Varvayanis offered the following resoludon and asked for its adoption,
RESOLVED. that thiN Town Board hereby readopts i;he amendment to the Town of
Dryden Zoning Ordinance previously adapted on April 4, 2041, as follows;
AMENDMENT 1
Appendix A of the Town of Dryden Zoning Ordinance (Definitions) isi Co be amended by adding
the follouftxg definition_
'BILLBOARD FACE. That surface or side of an outdoor adverticr billboard on which
advertising forgo ods, services or plaices is dis9played, and inchding both the surface on
which advertising is placed, and any surrounding frame and decorative trim."
AMENDMENT
0 uqg
Section 1502(9) of Article XV of the 7,on 6 Ordinance i to be amended to read as follows=
'Billboards shall be allowed by special permit within the MwA District_ In no case shall=
(a) arty' billard face exceed if 0 square feet in area;
(b) there be anymore than two billboard faces on any one structure, whether
said faces be back to bask, side by side or one on top of the other;
(c) any billboard structure be located nearer than one -half mile from
another billboard structure, or nearer than 540 Feet from the bounF of
an R -13, R -13 -1, R-C or R -D zoning district, or any residential zoo' g
district within the Village of Dryden or Village of la reevi7le;
(d) any billboard structure exceed fifteen feet in height, including support,
measured from the edge of the paved surface of the highway adjacent
I1b.ereto,
When approving a billboard. the Town Board shall take into consideration. dae criteria
set forth in Section 1303(2), and such factors as the size, construction and design;
location and effect on surrounding property; safety and vehicular traffic; and
maintenance provisions, including provisions for removal of an abandoned billboard.'
AMENDMENT 3
Section 1503 of Article of the Zoning Ordinance is to be amended by adding thereto the
following lariguage all the end of the lash sentence_
`Any outdoor sign that is illuminated from any Light source other than an internal
source shall be MiAminated by a fully shielded fight source or sourres, designed and placed in a
mariner that (1) restricts the area illuminated to t2xe sign face, (2) directs h
ri i a. downward.
Page 13 of 25
TB s -2-o l
niatuier, and (3) precludes the casting of any glare or light from said source beyond. the sikM rw
fuse in any upward direction, horizontally to the side of, or to th.e rear of said structure. No
light shall be cast: on adjoining property, or upward beyond a horizontal plane level with the
light wiume_
These amendments shall take effect after publication and as provided by law_
2114 Cl Grantham
Roll Call Vote Cl Beck Abstain
Supv Varvayards Yes
Cl C HatEeld Yes
Cl Grantham Yes
RESOLU'T'ION # 128 - ADOPT ZONING ORDINANCE AMENDMENT TO ADD THE MmAA ZONE
AS AN AREA WHERE BILLBOARDS ARE ALLOWED
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby amends the Town of Dryden Zoning
Ordinance as follows=
'l'he introductory sentence to Section 1502(2) of Article XV of the Zoning Ordinance is amended
to read as follows:
"Billboards s7-1all he allowed by special permit within the -A and -}1A District in no
case shall;. 0
This aea -idment shall take effect after public hearing, dhei
m r approval and publicationa as
provided by law.
211d C1 Grantham
Roll Ca11 Vote CJ Beck Yes
Supv Vorvayanis Yes
Cl C Hatfield Yes
1 G=rantham Yes
upv Varvayanis - I guess we have a Sapsucker Woods Poad update'?
Cl Grantham - IT rec use myself from tb.is di.scussiQCL
Atey Perkins = I sent to you a proposed agreement between the Town and Cornell and
J;Ick, which outlines the procedure to be followed for the action by the Town under 312(a)
where the Town would abandon a portion. of Sapsucker Woods and acquire a new mad to be
canstructed by Cornell. There are some issues xvhich 1 left for your consideration Ri there
including in paragraph 4 a final completion date arrd including the security, if any, that you
want to guarantee the performance of this agreement by Cornell, Dove Putna2n may love some
coznrnents with respect to the amount of the geciarity which would be, I believe, similar tea what
we would requ:ire from a private developer if we were accepting a road laifih xvas rot
completed. But he may want to speak to tJ3at6
Pap-e 14 of 25
`C13 5 -2 -01
D Putnam - I left the number in the office. In my rush to get something done for the
previous site plan review, I forget: to bring the file on the other half of Sapsucker Woods Road.
Typically in the Town road construction runs in the neighborhood of $100 a foot. For a
complete road construction, I don't know if we want all or part of it.
Supv Varvayanis - I don't know about you, but I don't trust Cornell. I want it all, right?
Atty Perkins - Historically when the Town has decided to accept an offer of dedication
prior to the road being completed, they've taken what the projected cost is and they've applied
some multiplier to it, like .5 or 2 times, increasing it: by a factor to make sure that the
taxpayers won't get stuck with any expense related to the developer defaulting and doing what
it's required to do. You may want to consider that once you have a ball park idea of what the
cost to complete would be.
Supv Varvayanis - I assume Connell has no trouble with the security.
S Egan - We do it in other instances.
John Heintz - We're here tonight to again request the board's approval for the
abandonment and relocation as a continuation of the last meeting when we discussed this
issue of Sapsucker Woods Road. That's what we thought was going to transpire tonight.
8:30 p.m. Cl T Hatfield arrived.
Supv Varvayanis - We discussed a final completion dai:e with Jack. Do you remember
what that was?
Atty Perkins - I think there were two completion dates. One is he wanted to make sure
that he had a road that he could plow by October 31 of this year. It may not be finished. It
may not have the final top or coat on it, all the other work may not be done, but he wanted it
open I think by October 31. And since this project is going to take even longer than that, I
think with some final completion date in 2002, which I guess doesn't really matter a lot so long
as it's agreed to by everyone and we adjust the expiration of the letter of credit accordingly so
that if the To%vn had to do anything with the letter of credit, we'd have an opportunity to do
that. Maybe John Heintz can speak to that.
J Heintz - 'Chat's my recollection as well. It was our understanding that we would have
the road filled with the binder coat down, plowable, by October 31st, and we anticipate
construction to take approximately 18 months and that towards the end of that 18 months
we'd be putting the final coat on the road to finish it up and stripe it and the rest of it. So it
would be some time in summer or fall of 2002.
Supv Varvayanis - Why don't we keep it with 10 /31 for 2002 as well.
Atty Perkins - That gives them plenty of time I think.
Supv Varvayanis - Are those dates doable? (yes)
1) Putnam - $100 a foot would be a more than generous number.
Length of road was discussed and determined to be 1900 to 2000 feet.
Supv Varvayanis - You want to call it $2001000? It was under a half a mile.
® Board is in agreement $200,000 is sufficient.
Page 15 of 25
TB 5 -2 -01
Atty Perkins - With those numbers filled in, the agreement is for your consideration. 0
Supv Varvayanis - Is there a motion then? I'll make the motion that the Board
authorize me to sign the agreement.
Cl Beck - Second
Atty Perkins - Understand that this does not actually act as an abandonment, but what
it does is set in motion the work that Cornell has to do so that the Town can abandon it. For
the requirement that Cornell dedicate to the 'Town the new road, we've got to have plans for the
road so that we can identify them in the agreement. Specifications, :I. think that you were going
to vary a little bit from the Town's specifications. Jack needs to sign off on those. So those
understandings should be in this resolution I guess.. You should understand that there are
some things to be done in order for that to happen.
Supv Varvayanis - Well this resolution is strictly about this agreement.
Atty Perkins - Right, I just %vant to make sure there's no misunderstanding.
Cl T Hadfield - What you're saying is those items are addressed in this agreement.
Atty Perkins - Right.
Cl T Hatfield - It's good to put it in the public record, but it is in the contrast:.
Supv Varvayanis - We had Jack's verbal okay on this plan.
Atty Perkins
- Right, but:
the physical getting them together and
making sure everybody
is using the same set
and using
the same specifications, the insurance
requirements and so
forth. As long as we
know those
are the things that have to be done. I
just want it part of the
discussion so it's on
the record.
This isn't actually a resolution of abandonment. It's an
agreement, to abandon it upon performance by Cornell.
RESOLUTION # 126 - AUTHORIZE SUPERVISOR TO SIGN AGREEMENT
WITH CORNELL UNIVERSITY REGARDING SAPSUCKER WOODS ROAD
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to sign an
Agreement with Cornell University, outlining the procedure and performance requirements in
connection with the relocation /abandonment. /dedication of a. portion of Sapsucker Woods
Road.
2nd Cl Beck
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Abstain
S Egan - As you know from when we first: came and began talking about: this, we are
scheduled to begin construction toward the end of this month. So what we would like because
as Mahlon correctly points out, there will be a lot of things to be done. We didn't realize that
Mahlon wanted to have an agreement from us. What we would need to have is a road permit
Page 16 of 25
TB 5 -2 -01
so that we could go in there and ,start doing the work that we need to on the private section of
Sapsucker Woods Road.
Supv Varvayanis - What is a road permit?
S Egan - A permit that allows a private party to go in and do work on the road. It's the
same as when a building gets built and a backhoe needs to back up into the road or close it off
temporarily while they are working on it.
J Heintz - We would need permission to actually close the road from the start of
construction until October 31st which is what we've been talking about.
Atty Perkins - I think they ought to read the agreement. I can give you a copy of this so
you can read it and see how the Town feels that you should proceed. Then we can talk about
what you really need.
S Egan - Does it give us the ability to start construction?
Atty Perkins - As soon as you can convey to us the strip of land.
S Egan - I
think
that's the rub though. In order to
have drawings, survey, title... These
are not things that we had been made aware of until quite
recently. It's going to cause
a pretty
nasty problem with
the construction schedule that we laid
out to you at the beginning
of this.
J Heintz - We had anticipated that the road would be, all of these things would be done
after or during the construction process, not before construction took place.
S Egan - This is sort of a new card that suddenly got dealt to us. What we had talked
about: beginning to do the work, building the road, and then conveying it to you, and now we
have a different sequencing whereby we have to convey it first before we can start building the
road. I don't have to tell you that in the construction business time is money. We don't have
our construction manager here with us today, but I think they had previously calculated five
million dollars a month in loss. Since this has never come up until now, it puts us in a very
serious predicament where we are going to need to have a road permit in the meantime if
there's no abandonment today.
Atty Perkins - But that's not what the statute contemplates of course.
S Egan - I don't think that statute says anything about...
Atty Perkins - Yes. It says when we have acquired other property then we can abandon
it to the adjoining owner.
S Egan - But would by signing this agreement that gives you the contract right to the
new land.
Atty Perkins - I think you ought to read the agreement and then we can talk about it.
Cl T Hatfield - A suggestion might be that we are going to reconvene next Wednesday.
We can ask Mahlon, their counsel, and Jack if necessary to read the agreement and see where
we are going and if Ave need to do something above and beyond what the agreement allows for
or requires or stipulates between the parties, we can deal with it next Wednesday night.
S Egan - Well, I would really appreciate that because you know what our schedule is.
We've been up front with you all along about it.
Pagc 17 of 25
TB 5 -2 -0I
Cl T Hatfield - And we with you. I think the issue of title %ve certainly talked about the
first night you guys came.
S Egan - Absolutely and we agreed to that. The sequence of it is the new part.
Supv Varvayanis - I don't: think it's anew card that was dealt, I guess we just didn't
discuss it. It's not like we changed our mind or anything.
S Egan - The sequence was not revealed to us, let's put it that way.
Atty Perkins - When is your construction start. date?
S Egan - The end of this month.
Atty Perkins - Okay, so that's four weeks. You can't convey this road to us in four
weeks time?
S Egan - That would be a real hustle because as I understand it you also want the
construction drawings don't you?
Atty Perkins - Well we want at least to know what it is we own.
S Egan - But having an agreement to convey, doesn't that satisfy you?
Atty Perkins - Why don't you read the agreement first.
Supv Varvayanis - We'll meet next week and talk about: it.
Cl T Hatfield - You guys get together and figure out exactly what it is that you need. I
know what your concerns are. We've certainly got plenty of time to solve it, and I agree with
Mahlon. If we need a metes and bounds description of the conveyance, four weeks should be
plenty of time to do that.
S Egan - You want an abstract of title, and a tax search, and you want the drawings.
Atty Perkins
- I don't know what-drawings we're
referring to and
it seems
to me that if
we know where it is
going to be, and we have at least some preliminary
drawings
that we can
reference that will not
change substantially. Obviously
they can't be as
builts at
this point.
S Egan - But then would you adjust it: later if the as butts showed that you needed to
change the property line? They always discover something or other in the field that tweaks
something somewhere.
Atty Perkins - That's why it's 52 feet wide, or 53 feet wide, so that you can get it in
there. You spent hundreds of thousands of dollars dodging every wet spot on the property so
that you wouldn't have that problem, right? Isn't that **vhy we're gong through this whole
process?
S Egan - I think you're right. We'll have to take a look at the agreement and well get
back to you.
Atty
Perkins - I can
give you
a complete copy
tomorrow, but if you want to take this
tonight, you
can have a
copy of it. I
just pencilled in
some numbers.
Ripe 18 of 25
TB 5 -2 -01
S Egan - Thank you very much
Supv Varvayanis - The Sutton update?
Atty Perkins - We had a productive meeting with Mr. Sutton and his attorney, the
Highway Superintendent and the Code Enforcement Officer. I think that we reached a meeting
of the minds as to what has to be done. There will be some minor changes in the drainage plan
and the procedure for that will have to be addressed. Basically what he is going to do is to
shift: the drainage easements so that they are not on shared property lines so you don't have
two people having to give easements. It will be just one parcel that subject to it. He will come
up with some kind of an agreement or a declaration of covenants and easements so that the
responsibility for maintaining the casement is put on the property owner, not the Town. And
in default of doing that the Town will have specific rights to go on to the property, do any
maintenance work that's necessary, and then assess the cost back so that the taxpayers don't
have any expense here. That of course is what I think the Board talked about last Fall when
there was an attempted agreement between Mr. Scott and Mr. Sutton which fell through. Dave
Putnam I think is working on the specifications and the scope of work that's to be done so that
we'll have an idea of the drainage structures will actually look like. I'll report to you again next
week as to any changes in that.
Supv Varvayanis - Peregrine Subdivision update?
Atty Perkins - You will recall last August the Board asked the Division of
Assessment: to correct the unilateral action that they had taken in not mapping and assessing
all of the approved lots in the subdivision. Steve Whicher who was then the director of
Assessment said they would do that, that it wouldn't appear until 2001 rolls. Upon
investigation, the 2001 roll has not been corrected, however there is still time to correct the
preliminary roll. I met today with Valeria Coggui regarding the Town's position on this. I
showed her the prior correspondence and she said well, it's all new to me, I didn't know this
stuff even existed. In the meantime what has happened is that the County has foreclosed its
tax liens on these lots, that were not separately assessed, as one lot, and is prepared to auction
the property off at a public auction on May 19th. I attempted to see Steve Whicher today, but
he was out this afternoon. I am going to be speaking with him early tomorrow morning
regarding how we should handle that and whether or not the County should take a step back
and say, hey, this really should have been done as separate lots. My feeling is that they
probably are not going to change the way they are going to offer it for sale, and what we may
have to do is address the formula, that we adopt annually where we raise the benefit
assessment to address the fact that these other lots, 25 of them, are assessed as one single lot.
The Division of Assessment does admit they made a mistake. They admitted they made a
mistake last Fall, and still haven't corrected it. That's the status of that. I'll fill you in more
next week after I've spoken with the County Administrator.
Supv
Varvayanis - Is
there at
least some way
of making an announcement to whoever
bids that the
taxes are going
to take
a jump
through
the ceiling?
Atty Perkins - I'm going to make sure that Mr. Whicher is aware of that anyway.
It's not on the agenda, but I'd like to report on one other matter of litigation that doesn't
require an executive session. That is the Town versus Adam Welch. This was a matter
involving zoning enforcement on Sweetland Road. An action was commenced after the Board
authorized it, and an examination before trial of Mr. Welch was scheduled this week. His
attorney called me and said "I think this whole thing may be moot. He's signed an offer to sell
his property and he's going to take his logging trucks and equipment and stockpile with him." I
® understand that the prospective purchaser has been in touch with Henry inquiring about what
Pagc 19 of 25
TB 5 -2-01
the allowed uses are at that location. So this may settle up pretty quickly without a lot more
time or expense.
Cl Beck - So the hearing didn't occur?
Atty Perkins - No. He asked that it: be adjourned. I said that 1 would consent: to an
adjournment on the understanding that I could reschedule it on not more than ten days notice
if this thing falls through. If we can solve the problem without a lot of expense, let's do it that
way.
Supv Varvayanis explained that he had received a petition requesting a reduction of the
speed limit on Hollister Road. Robin Seeley stated that she believed there had been an
accident on the road a few weeks ago. B Hollenbeck stated that a resident of Hollister Road
had contacted her a month alto inquiring about the procedure for getting a reduction in the
speed limit and she informed that the best way to proceed was to gather signatures on a
petition and present it to the board and the board could then do a resolution and forward the
request on to the State and /or County.
RESOLUTION #127 - REQUEST SPEED LIMIT REDUCTION ON HOLLISTER ROAD
Cl Beck offered the following resolution and asked for its adoption:
WHEREAS, the Town Board of the Town of Dryden has received a petition signed by
residents of Hollister Road in the Town of Dryden requesting that the speed limit on Hollister
Road be reduced to 30 miles per hour, and that a such a reduction would be in the best
interests of the safety of the citizens of the Town, it is
RESOLVED, that this Town Board hereby requests that the speed ]unit on Hollister
Road in the Town be reduced to 30 mph and the Town Clerk is hereby directed to prepare the
appropriate form and forward it to the County of Tompkins and/or State of New York.
2nd Cl T Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Cl Grantham presented a revised request for proposals for a space needs study for
administrative and court functions of the Town. This addresses only a permanent option, no
temporary options. Atty Perkins suggested clarification of one item under "documentation of
qualifications'. Dave Putnam suggested that in the needs study area something should be
added on any limitation of sites of public utilities such was water, sewer, gas, etc. D Putnam
will provide a list of names to send the RFP to in addition to publishing and Supv Varvayanis
will send it: out. There will be a thirty -day response time for the RFP. Town Clerk will look into
sites for temporary records storage.
Supv Varvayanis stated that he was seeking quotes for a. computer hardware service
contract.
Ken Finklestein presented a resolution passed unanimously by the Varna Community
Association to facilitate implementation of the Varna Community and Commercial
Revitalization Plan: •
Page 20 of 25
TS 5 -2 -01
"RESOLUTION to Facilitate Implementation of the Varna Community and commercial
Revitalization Plan
WHEREAS, the Varna Community under sponsorship of the Varna Community
Association has provided the town and the County Planning Department a Community and
Commercial Revitalization Plan, and
WHEREAS, as stated in the Plan the Varna Community and the Varna Community
Association wish to work with the town in bringing the elements of the plan into being„ and
WHEREAS, the Varna Community Association has joined Project Impact in support of
this joint cooperation, and
WHEREAS, recent proposals to the Town for additional multi-tuiit rental units go
counter to the intent of the Community Revitalization effort: promoting more single family
housing units to foster a more stable community, therefore be it
RESOLVED, that the Varna Community Association ask that the Town defer further
consideration of special permits for multi -unit housing with regard to the Hamlet of Varna
pending completion of the Dryden Comprehensive Plan, and be it further
RESOLVED, that the Town instruct its Planning Consultant to work with the Varna
Community to facilitate integration of the Varna Plan into the Town Comprehensive Plan for
the area including the Hamlet of Varna with the intention of helping the Community prepare
parts of the Plan for rapid implementation."
Copies of the resolution have been forwarded to the County Planning Department and
County Board Representatives Lalley and Lane.
Cl Grantham stated that they had requested that George Frantz include in the scope of
work in his contract that he would consider Varna's plan as well as meeting with all of the
community associations. Cl Beck stated that it would be expected that the Town would do just
that. Cl Grantham said that George Frantz has data to use in developing the master plan,
including the work done by the Cornell class, the survey done in 1990 and the current survey
and will make sure he has the Varna plan it he doesn't already have it. Mr. Frantz will also
include in his draft contract an estimate of the cost of doing interviews with stakeholders and
community associations.
With respect to the first resolved of the VCA's resolution, Cl Beck stated that would take
more discussion. Atty Perkins explained that a moratorium such as they are asking for would
have to be district -wide, not for an isolated area and would require an amendment to the
zoning ordinance or a local law. The R -C zone areas in the Town were pointed out to the
audience on the map. Geoff Potter stated they didn't want to see Varna turned into college
town. K Finklestein offered the VCA facilities for discussion of this issue or related issues.
Cl Grantham stated that any zoning change made now would be subject to change
when the master plan work was finished and so would be a kind of temporary change, and that
they are requesting a moratorium until a. zoning change could be made, not a moratorium until
the master plan is finished. She noted that the billboard matter took about six months until
the zoning change.
Supv Varvayanis asked how many multi - family projects requests are received in a year,
and ZO Slater stated three or four. Supv Varvayanis said he would not want a moratorium to
® affect any applications already received, and Atty Perkins stated that it could depending on
Page 21 of 25
TB 5 -2-01
what the Board decided. There are no vested rights for the owner or developer until such time •
as they've got a. validly issued permit.
Joyce Gerbasi stated that she wondered given the work and expense involved in a
district wide moratorium whether it would be sensible. Supv Varvayanis asked whether the RC
area in Varna could be rezoned, given a different designation, and a moratorium put in place
there. Atty Perkins stated a new zone could be. created there with different regulations and
limitations, and explained that Courts are looking more closely at the motivations behind
moratoriums and why are they are continually renewed. Moratoriums have to be reasonable
and based on reasonable objectives that are articulated.
Supv Vaivayanis stated that in all probability if the zoning were changed in Varna to
not allow multi- family buildings, it would be changed back after the master plan and zoning
work is completed. ZO Slater noted that the Wawak application is in the RD Zone. Cl
Grantham stated that they are talking about a geographic zone, and the Varna plan has a
defuiition of what they consider Varna.
K Finklestein - If I remember right, because I signed the petition, that was specifically
the RC Zone. 1,hhlhat we are talking about in our resolution tonight had to do with the fact that
in order to support this community revitalization effort that we simply just take a break so that
that effort has a chance to go through some evolution, sort of freeze things for a little while,
while this is being developed. That area that is defined as Varna in various documents that
were passed around is larger than the RC Zone, but this business about changing the zoning
or this business about site review as described in the petition, that was just for the RC Zone, if
I remember correctly. I just want to clarify that. I wouldn't object to changing the zoning, but 1
am telling you what was originally asked for in the petition. I didn't want to confuse one issue
with the other. One issue is specifically related to our request in the petition and the other one
has a broader import because it has to do with the community revitalization work that's going
on.
Cl Beck - Did this one not cover the previous one also? What would it not cover?
K Finklest:ein - I don't want to speak for the association, but my understanding is that
the specifics about site plan review for certain size lots and certain kinds of multi -unit things,
that has to do with the RC Zone.
Cl Grantham - To me, if we were going to do this, I'd be more interested in the broader
picture that's based on the plan that they've worked on for Varna. Then there's some basis for
the rezoning.
Cl Beck - I think the only way I would be interested in it is if it was redefined, just that
hamlet, and not include the whole rest of the township. I don't think it's reasonable to change
it for whatever length of time it takes to get the plan in place.
Cl Grantham - It's not feasible if we did it for the whole town.
Cl Beck - Right. But I can sec if we (lid it for Varna, then pretty soon there's Ellis
Hollow, and there's....
Cl
Grantham - I
mean
the
broader geographic area that's defined in the Varna plan, not
just right
at the bottom
of the
hill
in the RC Zone.
Cl Beck - I guess I'm not sure exactly what the plan says. 0
Page 22 of 25
TS 5 -2-0 t
CI Grantham - They define what they consider to be Varna, and it's bigger than the RC
® Zone down in the hollow there. But it's still Varna. I'm not talking about broader geographic
as in Toum -wide. I'm just talking about Varna.
Cl Beck - Well, I don't think it's something we want to take action on at this point.
Supv Varvayanis - Do we want to have Mahlon draft some type of zoning for that area?
Cl Beck - I think we need a more thorough discussion.
Cl T Hatfield - I'd like to see something more laid out from Henry or Dave or maybe the
Planning Board and know exactly what we're talking and how does it fit with public water and
sewer and how does it fit with the overall long term plan. We need some feedback. There are
others that are a lot more expert in how this fits together.
Atty Perkins - I'd like to see on one sheet of paper that area of the Town defined
according to the Varna plan, defined according to zoning districts, and overlaid on that the
boundaries of the water and sewer districts. It seems to me that's where you start with this
kind of project, is you assess the current situation.
Cl T Hatfield asked ZO Slater to have Kevin Ezell try and do that type of map.
Supv Varvayanis - We are requested to fund our share of the Environmental Impact
Statement for the joint sewer, $48,550. That will come out of the SJS fund. But I haven't
gotten the packet. I don't know if you'll authorize me to do that. They were hoping to get that
done this week.
isCl Grantham - I think we should authorize you to sign.
Atty Perkins - Can we put that off a week? I want to share a letter from 1999 with _you
just so you're aware of it.
Supv Varvayanis - Okay.
ZO Slater - One of the documents I presented tonight was a request from Martin
Ottenschot, former owner of Cortland Paving, who would like your direction on how to request
authorization to place three modular structures on his Freese Road site. I discussed it with
Mahlon and I think we both conclude it's an amendment to the existing special use permit that
you issued him in the past and should be approached in that direction.
ZO Slater explained there are two mobile field offices and one modular office structure.
I think I've identified all three brands now and they are legitimately modular office and modular
field. They are not mobile homes and will be used for storage of office equipment and personal
items, not personnel. Mr. Ottenschot stated they are used "all over ", but he did not want to
have any problems with the Town in moving them on to his property. The units will have the
tires on and there will be no permanent foundation. He will not be doing business out of them
and will not be renting them out.
Atty Perkins - Mark, I just saw for the first time tonight, this information I asked Henry
to get from Mr. Ottenschot. I don't believe placement of those on that site would be allowed as
a right or by special permit. His remedy if he has one is to seek a variance. If it's not an
enumerated use it's not allowed. He proposes to use this lot for storage of these mobile offices,
and that's not an allowed use and it's not a use allowed by special permit. it's also not a
18 prohibited use, so the only alternative is to go for a variance.
Page 23 of 25
TB 5 -2-01
Board advised Mr. Ottenschot to make an application for a use variance to the Zoning
Board of Appeals, which next meets on June 5, 2001. 0
John Tottey, 392 Beam Hill Road - I'm a 24 year employee of the Town now on
suspension from the Town Highway Department and I've been in possession of a Decision for
two weeks from an Article 75 hearing I had and I'd like to know when I'm going to be
reinstated. There were numerous charges against me that I was found innocent of, and the
one thing I was found guilty of was using a tire machine at the highway garage that belonged to
another Town employee that had been there since the early 80's when Greg Humphrey was
Highway Superintendent and was there for use by the Highway Department and the
employees. I'd like to find out when I'm going to be reinstated and get my back pay.
Supv Varvayanis - Do you wish to have a. discussion?
Cl T Hatfield - I think discussion would be held in executive session.
Supv Varvayanis - Obviously I believe it could be, I don't think it has to be. Is that a
motion to go into executive session?
C1 T Hatfield - To discuss a specific personnel item, yes.
Cl Beck - I'm unclear of the procedure and I'm not sure how much of this should be
discussed.
Atty Perkins - Well, you aren't required to go into executive session, however you may
move to go into executive session to discuss the medical, financial, credit or employment
history of a particular person or matters leading to the appointment, employment:, promotion,
demotion, discipline, suspension, dismissal or removal of a particular person.
Cl T Hatfield - That's my motion.
Cl Beck - Second the motion.
Cl Grantham - If John doesn't care if it's spoken about in public, then I think it should
be a public session. Do you have an opinion, John?
J Tottey - I want it out in the open. This has been nothing but a political switch hunt
against me, funded with tax dollars.
Lynn Griflen, 340 Beam Hill Road - Brotherhood of Machinists, Local 2001, Cortland
Tompkins County Labor Coalition - And we won't lay down. We find this very offensive. This
has offended everybody and the Labor Council. It has offended the unions. I'm talking
Machinists Union, United Auto Workers, who else have we got here? Speak up folks.
Teamsters Union. It's well known what's going on. They know what's going on.
J Tottey - The only reason this is going against me I've run for Highway Superintendent
twice. This is obviously a political attack on me. I am the shop steward for the highway garage
for the Teamsters Union. That's all this is, is an attack on me because I've run for public office
and I'm involved in the Union. An attack on the Union. They figure they can break the Union
by breaking me. Well, it's not going to work.
L Griffen - We're also tax payers, most of us are also taxpayers in the Town of Dryden.
And if I also may bring it up, this will be real short and quick. I have some members here who
are also neighborhood of Beam Hill. We feel we cannot call in to complain about road
conditions which are serious and which have gone on for almost two years now because of is
Pale 24 of 25
TB 5 -2 -01
retaliation because my husband also works for the Town of Dryden and of course this is my
brother. That's the end of my statement. Thank you.
J Tottey - I have no problem with this being public.
L Griffen - And I also would like my statement in the minutes.
Supv Varvayanis - We have a motion on the floor, is there any discussion?
Cl Beck - The only thing I'll say is there's so many ramifications of this that can't be
public, that need counsel, and it's an ongoing situation that's been going on for several years,
and I'm sorry that John feels it's a personal vendetta, which the rest of us are convinced it's
not. And the charges that were brought are an item that's for executive session as far as I' .m
concerned.
RESOLUTION #128 - EXECUTIVE SESSION TO DISCUSS TOTTEY MATTER
CI T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board move to executive session to discuss the employment
history of John Tottey and /or matters leading to his appointment, employment, promotion,
demotion, discipline, suspension, dismissal or removal.
2„d Cl Beck
Roll Call Vote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis No
Cl C Hatfield Yes
Cl Grantham No
Board adjourned to executive session at 9:53 p.m., took no action, and adjourned the
meeting at 10:30 p.m.
Respectfully submitted,
At*49; 1,41
Bambi L. Hollenbeck
Town Clerk
Page 25 of 25
RECEIVED
Hoopard and Erica Evans MAY 1 2001
49 Turkey Dill Road
Ithaca, NY 14850 -2936 1IRYDEN TOWN SURABOR
c c •, T E'�c� --
Monday, April 30 2001
Town Board
Town of Dryden
65 East Main Street
Dryden, NY 13053
Dear Town Board Members:
We read the notice in the Ithaca Journal of Wednesday, April 25,2001 regarding the
proposed building at 1062 Dryden Road. We are unable to attend the May 2nd. meeting,
due to previous plans. We wish to urge you to carefully consider among other points the
following:
1)TratTic issues related to this project. Careful thought and planning can alleviate
accidents and we would like to tell you that we hold the Town Board responsible for
adequate routing for entrance and exit to any such project. In the past the Board has
relinquished any such plans to the DOT and the resulting NON- ACTION has caused those
of us who travel these routes much stress and near accidents, Varna I is as great example
of this!
2) Waste flow into the Cornell Experimental Fields and Fall Creek. Oil and other
such products from parked cars, pesticides etc. will drain down the hill into those areas.
We sincerely hope that the Town Board will carefully review the proposed
building plans, including roads, landscape and waste disposal so that we do not end up
with unsightly and environmentally harmful areas,
Very sincerely yours:
Howard and Erica Evans
Town Board of Dryden
Subject: New Apartment Project on 1062 Dryden Road
Dear Board Members:
1 would like to write a letter of support for Mr. Richard Wawak and his project request
for a new apartment complex to be located on 1062 Dryden Road.
Last year Mr. Wawak completed a similar project right next to my property on 1 l Baker
Hill Road. As one of his closest neighbors I got to know Mr. Wawak pretty well as he
worked his way through the planning, construction, and completion process of his
apartment complex. First I would like to say that he is a gentleman and a man of his
word. He cares about his neighbors and the neighborhood. He understands the value of
being a good neighbor and has helped me out in numerous ways over the past year. For
example, Mr. Wawak helped me connect to public water and sewer lines with all costs
® being covered by him. On several occasions when his contractor was making a trip to the
dump Ile would call me to see if I had junk I wanted to get rid of.
I feel his project did no harm to the neighborhood and in fact has brought about some
improvements. Previously there was a dilapidated trailer in the middle of a lot that
depreciated values in the neighborhood. The apartment complex and related landscaping
are very attractive. The apartments do not create any discernable noises and are very well
maintained, thus appreciating values.
Based on my experience with Mr. Wawak and his apartment complex on Baker Hill
Road, I believe that the new project would have a similar positive experience on his new
neighbors and their neighborhood.
Respectfully_
r
W. Craig Tucker
273 -7448
Neighbor
0 4/22101
Walter Emerson
Steve Emerson
23 Baker Hill Rd.
Freeville, NY 13068
272 -8899
Town Board of Dryden
We are writing in connection with a 20 unit apartment complex project on 1062 Dryden
Rd., which is being proposed by my neighbor, Richard Wawak.
Richard Wawak built a very similar 10 unit apartment complex on a property adjacent to
our house and land on 19 Baker Hill Rd.. The construction was finished about 9 months
ago. The apartments replaced an old 1968 single wide trailer which was in a terrible
® shape and depreciated the property values in the neighborhood. The new buildings are
very attractive in and out. Also, the landscaping is extraordinary nice. The new complex
definitely makes the neighborhood more attractive. The owners keep the property clean
and in a good shape.
All tenants living in the complex are very quiet, the apartments do not create any
problems related to noise, traffic, or intrusive lights.
Richard Wawak is a good neighbor who understands interests of others. There was a
great deal of very fruitful collaboration between him and us during the construction, and
after the construction was completed. The relations between him and us have always been
excellent.
I think that his new proposed project will have a similar impact on the neighborhood, it
will not create any problems but, on the contrary, it will make the neighborhood nicer and
more desirable. We would like to support that project.
Sincerely,
Walter Emerson and Steve F erson (7
® �ii.� �.✓ Z�- e,��-' ,� acv
-�liJ
April 30, 2001
Dear Town Board Members,
I live on 21 Baker Hill Rd. in Freeville, next to a new apartment complex recently built
by Richard Wawak on 19 Baker Hill Rd..
Despite the fact that my house is in the immediate vicinity of that complex, I do not
have any problems related to the apartments. All tenants are very quiet, the place is neat
and very well maintained. The new buildings and the landscaping are very nice and
definitely add to the neighborhood. The lights on the property are designed so that they
do not intrude the neighbors nor the drivers.
The complex replaced an old and run down trailer which depreciated the property
values in the area. The construction was done with a great care, and the interest of
neighbors was taken into account. The owners of the apartments have excellent relations
with all neighbors.
® Richard Wawak told me recently that he planned to build a very similar complex on
1062 Dryden Rd, close to Varna. I would like to support his new project. I think it will be
a welcomed addition to that area.
Sincerely,
Larry Bahnetta
21 Baker Hill Rd.
Freeville, NY 13068
272-1171
MAY -01 -2001
1500
ITCTC & TCPD
DEP
P .'al
Poet$` Fax Note 7671 Data 5 0 1
May 1, 2001
Mr. Henry Slater, Zoning & Building Code Enforcement Officer
Town of Dryden
65 East Main Street
Dryden, NY 13053
i
Telephone (6M 2745560
Fax (6071 Z74,5578
Re: Review Pursuant to §239 -I and -rn ofthe New York State General Municipal Law
Action: Special Use: Permit, Varna Apartment Complex, Weak, k W Dryden Road,
Tax M#55-1-11
Dear Mr. Slater.
This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins
County Planning Department pursuant to §239 4 and -m of the New York State General Municipal Law. The
Department has reviewed the proposal, as submitted, and has determined that it has no negative intemomtnunily,
County, or State impacts.
The Department offers the following comments on this proposal:
We encourage the Town to work with the applicant to ensure public access to the former right -of -way of the
Lehigh Valley Railroad, which runs along the northwest portion of this property. This section of right -of- -way
is part of a corridor with potential for future multi -use trail development" This trail will connect the EAst itbaca
Bikeway at Game Farm Road to a growing employment center alone Route 13 and 366 in the Town of Dryden
and the eastern part of the Ithaca Urban Area.
(Reference: Ithaca- ,Tompkins County Transportation Council: rranspo)tat;on r)Aail /C Tidcr Sridy, prepared
by Planning/Envirortrnentel Research Consultants, March 1996; we attached)
• The applicant should submit a drainage plan for the project, and should have drainage and erosion control
measures in place ducting construction.
Although the Tompkins County Planning Department is not an involved agency under the State Environmental
Quality Review Act (SEQRA), as an interested putty are concur with the designation of the Town of Dryden as lend
agency.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
wio
1 es W. Hanson Jr.
rr missioner of Planning
qrJ Recycled paper
TOTAL P.01
05191/2091 19:36 9414839875
COMODQRE CLUB
i;
r
'roe Harry Elated Tmn of Dryden Fina s Jeanne Mueller
Feou W74W44M /
Pbwm DOW 5i1rot is
Roe Public Heerfng of May Z10O1 M
M OMeM 0 Far RoMaw O P#"" Cemmeeet O Please RWy ; O PIoGII�O Reeye b
G.eertawrla: ,
Mr. Slater.
I am strongly opposed to the request from Mr. Wawak� to build
21 units on the OU acre parcel at 1062 Dryden Road. The
density is highly objectionable.
enough lard for-214 units.
Thank you;
Jeanne Mueller
5/1/01
I feel that 2.89' acret is not
PAGE 01
�
•,
,
i
i
.
o•
i
i
PAGE 01
�
o
,
i
i
i
i
i
Town of Dryden
Town Board Meeting
May 2, 2001
Name - {Please Print)
e� v � "e
Fj
Tt:,o n
AvIp (�tFFW
10.,x, u LO, S�,.r 7s,
Uan,I Tc'1-7-F
Adctress
�ILI �e Ad L
n� i�I�Sv
l g9a S erv1 de,
3140 ,9iAm is "U1 p rf r Lu.13OG?'
1 ► 1� i)e,r, v 11 l (Cl cc 6+C)Y%
1v_`4.13ci13
a1:7a &qW
1431 �-scv v h-t 9?
34e Uq.,� c0 , �2. 3 8�, /j.,// RD Fry ece'91 rf
Town of Dryden
Town Board Meeting
is May 2, 2001
Name - {Please Print)
Address
�c-
®
G �o
Ln