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HomeMy WebLinkAbout2003-12- 3TB 12- 03 -03 ' TOWN OF DRYDEN TOWN BOARD MEETING DECEMBER 3, 2003 Present: Supv Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Christopher Michaels Absent: Cl Deborah Grantham Other Town Staff: Henry Slater, Zoning Officer Mahlon Perkins, Town Attorney Debbie Gross, Environmental Planner David Putnam, (TG Miller Engineers), Town Engineer Kristin Strickland, Deputy Town Clerk PUBLIC HEARING SITE PLAN REVIEW APPLICATION OF F a T DISTRIBUTING TO RELOCATE EXISTING BUSINESS TO 15 ROYAL ROAD FROM 1278 DRYDEN ROAD ITHACA, NY Supv Varvayanis opened the public hearing at 7:05 p.m. and the Deputy Clerk read the public notice published in The Ithaca ,Journal. Barry Kosanic, of F & F Distributing, was available to answer any questions the Town Board had. H. Slater said that existing vegetation is sufficient enough to serve as a buffer, but a condition should ' be made that it has to be maintained in that mature form around the site as it exists today. That would suffice, as a buffer because it: is many times in depth what the requirement is (which is 30 feet). There is an issue on how they are going to proceed with the on -site water and sewer service. Supv Varvayanis asked Atty Perkins how long it would take for a district extension. Atty Perkins replied that a resolution would need to be adopted next': week appropriating the monies to cover the cost of the study and the preparation of the reap, plan and report. They would have to wait 30 days for the resolution to become effective because it is subject to permissive referendum. You would wait the 30 days and assuming no -one petitions for a referendum, then do the study and hold a. public hearing. All together minimally it is a 3 to 4 month process before you can go to bid. Supv Varvayanis asked if that time frame is tolerable. Barry Kasonic replied that we would like to have the facility up and running by the end of May. Supv Varvayanis asked if that included on -site water and sewer. B. Kasonic said yes and asked what the difference was between a district user and an out of district user. Atty Perkins replied that it has been the policy of the town to allow out of district customers only if their property was adjacent to an existing water and sewer district. B. Kasonic asked how the water and sewer would be extended. D. Putnam replied that the water would be extended to approximately Wilcox and there would be a water connection at the building. The sewer has two ways to be looked at. The first is everybody has their own pump station and the Town takes over the Guthrie force main. The second would be to abandon the Guthrie pump station and build a town pump station. Guthrie is an out of district user and adjacent to this proposed site. ' There was a continued discussion on the district and out of district area along with the town policy of these districts. Atty Perkins said the town policy has been that Page 1 of 5 w TB 12 -03 -03 they would pay a connection fee that would help make up the cost that this parcel has not been subjected to since the time of the formation of this district. In order to keep the cost reasonable, as many properties as possible were included at. the time of the original district. All of the properties on the other side of Hanshaw Road were developed after the district was formed. Atty Perkins said that from a planning point of view you don't want a lot of private services outside of the district because basically you are doing everything by contract. You have to include in that contract a provision that if for any reason the district is running out of capacity or water, the out of district user will get shut off first. Cl Michaels asked if we could do it by contract then look to extend the water district later. Atty Perkins replied that the out of district customer has already paid an out: of district connection fee to catch up to where he would have been if he were in the district. Plus he'll end up paying for the cost of the new extension so it is a double charge. He also said the board is free to change its policy. Some middle ground would be to appropriate the money for the study to be done. D Gross asked about the water supply for those who are not connected and how is the cost of extending versus the cost of a well for the new facility. D Putnam replied that it would cost twice the amount to extend the water and this depends on how far you would need to go with the water and how much casing needs to be put in the ground. D Gross asked for the reason for extending rather than doing a private well. D Putnam replied that it is a. commercial facility and they do not want to have to deal with health department and water supply. Barry Kasonic said that: dealing with food the quality of water is important that is why they need the public water. Cl Michaels said he feels that if this building existed at the time the district was formed then it would have been included in the district. Atty Perkins said the purpose of the study and the map, plan and report is to find out who is interested, the most feasible way to do it, the estimated cost and so forth. You still end up with a public hearing and if the costs are so prohibitive that no -one wants to be part of it then you have your answer. On the other hand most commercial properties including Guthrie would like to not have to worry about being an out of district: customer and be a district: user and never have any concerns about it. By law there has to be a provision for the out of district users that: they are the first to go. D Gross asked if there was a storm water management plan that was being done. Supv Varvayanis responded that Gary Mood is working on that. H Slater added that it was his understanding that G mood was putting it together and that he would send a copy of it when he has it done. D Gross asked about: the wetland south of the site and said that the plan should include something regarding water quality along with water quantity. Supv Varvayanis asked if that was something required in the NOI. D Gross replied that it was something that would be required for a non - single family home. It requires a water quality and quantity plan. Supv Varvayanis said it is required. Supv Varvayanis asked if there are any further questions or comments. There were none and the hearing was closed at 7:25 pm. Supv Varvayanis opened the town board meeting and led the board and the audience in the pledge of allegiance. There was discussion regarding the conditions for the 1% & T Distributing site ® plan approval. Cl Michaels asked if there eras a way to avoid the double hit by putting something in a contract. Atty Perkins answered that if you are deciding to change the Page 2 of 5 TB 12 -03 -03 ® policy or at least make an exception to the policy then the board has to take that position. You would grant a waiver of the existing policy and present to the applicant, contracts for their use as out of district customers. There needs to be a decision made tonight as to whether the board wants to extend the district or give them the opportunity to be an out of district user. B Kasonic said that F & T's first choice would be to extend the district. Supv Varvayanis replied that it was the first choice of the board also. The problem with that is the time frame does not fit: into your time line. C1 Michaels said that he wanted to be able to fit the time line for F & T considering their contractual remedy, and that he would like to consider both to take care of the immediate need and to clean it up by redrawing the district. A contract would give F & T the assurance of having one way or the other public water and sewer. RESOLUTION # 166 - NEG DEC - F & T DISTRIBUTING Cl Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby issue a negative declaration based on the SEQR review in connection with the site plan review application of F & T Distributing will not result in any large and important impacts and therefore one which will not have significant impact: on the environment and therefore a negative declaration %v11 be prepared. 2ncl Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes RESOLUTION # 167 - APPROVE SITE PLAN - F & T DISTRIBUTING Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the site plan for .F & T Distributing; with the standard conditions subject to the following conditions. 1. Receipt: of the Storm water flan with NYS Department: of Envirori mental Conservation. 2. Retaining the non -work area of the site in its current mature vegetative form. 3. The project shall connect to public water and public sewer. In the event that public water and public sewer are not available at the time of construction of the project, the Town will permit: connection to the Monkey Run Water District Facilities and Monkey Run Sewer District facilities as an out of district customer under similar terms and those afforded to existing out of district customers. 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Rage 3 Of 5 TB 12 -03 -03 Atty Perkins asked for an agenda item for next week to prepare a resolution is appropriating the cost not to exceed $3500 to cover the cost of the map, plan and report for the extension of this district. The agreement with TG Miller should provide that what they would first, do is a quick feasibility study. On getting that back, it feels like this will go ahead, then finish it. Atty Perkins asked that the review of the findings statement for the Ithaca Area Municipal Wastewater Collection Improvement Project be put on next week's agenda. The review of the Intermunicipal Wastewater Agreement also needs to be done. The Board also received tonight the proposed amendment to Local Law 2 of 1998 sections 24 & 25 of the local law having to do with the insurance coverage. Those sections would now provide that only when the town is a lessor or an owner of the Tower site or other wise has an insurable interest, would that insurance be required. It also would revise the definitions of the EAF to provide that if you had a co- location application they did not have to do a long for EAF just the short one for with the visual addendum in keeping with the concept in favor of co- locations. When this is introduced a public hearing will need to be scheduled. The board was given a draft of the agreement to change the water rate schedule at Bolton Point. This agreement would amend what. the commission sells water for and by resolution you could change what. you charge the customer. The board agreed to have this put on the agenda. for next week. Cl Michaels asked about the CAC item on the agenda and Atty Perkins replied that it has not yet been drafted. This will have to go onto next week's agenda. Supv Varvayanis gave the board a rather detailed budget estimate from Etna Hire Department, and a report. from the Town Historian Elsie Gutchess on the Old Home Days that was asking for the reimbursement of the $1,530.00 of expenses. This will come out of the $2,000 grant that she received from the County. Atty :Perkins requested that the SPCA contract: be put on the agenda for next week. The Town Board agreed to pay Susan Brock, Attorney for the Wastewater Treatment Plant. She has been working on the joint agreements and the SEQR. It was voted not to put any more money into this but it seems like it is going to go ahead and what the Town owes is 1 /6!h of the total, which is $5433.00. There was discussion on a letter from the Assessment. Dept. regarding exemptions to capital improvements of residential buildings. Tl-,is exemption would help someone who bought a house in poor shape, fixed it up themselves, and when it was reassessed the homeowner could now not afford to pay the taxes. It was pointed out that someone could buy a house in poor shape and for example put a $80,000 kitchen in and could afford the taxes. No conclusion was had on this issue. A letter received from the owner of Mott Road Trailer Park regarding the increase on the sewer rates by the Village of Dryden. Supv Varvayanis requested that Atty Perkins look into whether or not the Town could do anything on this. It was a substantial increase for this small park. The 239 1, & M Agreement proposed by the County was presented to the Board, ® H. Slater and Atty Perkins. The board requested that H. Slater and Atty Perkins review this agreement. Pagc 4 of 5 T$ 12 -03 -03 isOn a motion made by Cl Stelick, seconded by Cl Michaels and unanimously carried, the board moved into executive session at 8:1 Spm. No action was taken and the meeting was adjourned at 8:40pm. Respectfully submitted, Kristin Strickland Deputy Town Clerk Page 5 of 5