HomeMy WebLinkAbout1967-12-20December'20, 1967
Mr. George' Hanford
Simms Hill Road
Dryden,•• New• York
Dear Mr.. :Hanford.;
This is -to notify You that at;- the Regular
Monthly Board Meeting held;December'122 1968
-at the Town.:Hall -you were re- appointed to''
°serve on, the Planning: Board for a :term. of:
-seven years.
The Town Board . wishes to thank you forryour'
willingness- to- serve -again and .for the fine
job' :.you : have . done in the pas t -. _
:-
Sincerely,
-'. Marlene W. .Cuss
Town Clerk
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BOARD. T CIWIv OF DRYDEN, NOd YORK December 21
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The Town of Dryden Planning Board opened its December meeting at 8:00 p.me
at the To= Hall, with the following members present: Chairman Curtiss, Mr.
�j Hanford, P!mes. Hardesty and Keech, Messrs. Sheffy, Lengemann, and Reed.
Also in attendance were Professor Frank Gilmore (Land Developer) with Yr.
John MacNeill (Licensed Engineer), and Mr. Lyle Hall (Land Developer) in connec-
tion with various subdivision proposals.
Major Subdivision: "Ellis Highlands, Section 2" -- Frank Gilmore
Messrs. Gilmore and MacNeill appeared for a public hearing. They had, unfor-
;) tunately, overlooked the necessity of notifying the Planning Board of their inten-
tion so that the legally required advertising could be published. The hearing
could therefore not be held at that time. Prof. Gilmore will return for a public
hearing on three lots only, on January 18. He had discovered the need to dig a
major ditch along the under hillside to remove surface water. He also stated his
intention to contact the N.Y.S.E. & G. again in the meantime to see if further
arrangements can be made about underground service.
Two Major Subdivisions -- Lyle Hall, 27 North Street, Dryden. New York
�• Two projects for
preliminary presentation. Both located in area of intersec-
tion of NYS Routes 13 and 366.
` I. Area surrounding "Box Car" and Caboose "; "Warehouse" (now under construc-
tion) has already been sold. Approximately two acres remaining. Subdivision of
lots and 60 -foot road; in apex of a triangle formed by the intersection of the new
state highway 13 and state highway 366 in the Town of Dryden. Bordered to West by
Cornell University and to Northeast by new route 13, and on South by Moore ( "Boxcar ")
and new State Police Substation. Proposed street to run between ?Moore property
and State Police property on (Village of) Dryden side of a small creek. Area
intended as all commercial property.
Mr. Hall submitted maps prepared by Mr. F. Donald McKee (Licensed Surveyor)
on December 12, 1966 and revised March 6, 1967 and October 15, 1867. This road
will provide access to two acres of back land which fronts on new route 13,but
which has no right of access to route 13. According to Mr. Hall, Mr. FaIslander
(Town of Dryden Highway Department) gave verbal specifications for the road as
follows: 30 -foot roadway, gravel one foot thick, with crowned base and three -foot
shoulder with gravel. i =r. Hall agreed to obtain from Mr. Richard Case a written
specification sheet concerning construction of the new road.
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II. Northeast side of Route 13, located approximately across Route 366 from
the N.Y.S.E. & G. office building. Map prepared by F. Donald McKee (Licensed
Surveyor, 11 Squires Street, Cortland, N.Y.). Comprised.21.8 acres, of which the
following properties have already been conveyed: Seneca Supply retail and whole-
sale store; H.D. Besemer, large garage and storage; William, Lynch, large building
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Dryr'an Town Planning Board
December 21, 19L7
for storage and garage; H.E.P., Inc., large retail heating and plumbing supply
store. Hall Road shown on map has already been deeded to the Town of Dryden. New
road proposed along North line of H.E.P., Inc. Mr. Hall stated that Mr. Richard
Case has indicabd that a 50 -foot width would be adequate for such a_ lateral road.
Area proposed to be sold for commercial or very light industrial use, with size bf
lots flexibe to suit desires of buyers. Proposed road eventually to continue
across railroad track through,-.existing right -of -fray into area designated on map
"5.5 acres ". Another right -of -way across railroad tracks has been established to
g�Ln access to area indicated as 114.6 acres ".
Abutting property to North owned by Cornell University, to East by N.Y.S.E. &G.;
to North of 114.6 acres" abutting owner is Edsall, to West is Cornell University,
and to the South is Route 13. Area formerly owned br Doris Cutter.
No restrictive deeds or 'covena
deals individually with each buyer,
proposed use of the land.
Board
The Planning/ supplied Mr. Hall
noting that both will be treated as
the additions which will need to be
rats pertain to either subdivision. Mr. Hall
and an understanding is reached as to the
with a copy of the Subdivision Regulations,
Major Subdivisions, and reviewed with Mr. Hall
made to the plats for public hearing purposes.
A !public hearing for the Warehouse Road area will be scheduled for January 18.
Mr. Hall noted that he 'will not be able to be present, as he will be'out of the
state. Mr. Hall will assign. preparation of material, including road specifications
signed by Mr. Case, to Mr. McKee.
Mr. Curtiss, in response to Mr. Hall's inquiry, indicated. the acceptability
of Mr. Hall's selling land fronting on Hall Road, providing Health
Department approval is supplied, under the stipulations for a minor subdivision,
in view of the fact that Hall Road is an accepted Town of Dryden road.
Dr. Sheffy expressed his considerable concern that so�imt,d.h•rdevelopment could
have taken place on this land without the knowledge of the Planning Board. Mr.
Hall had been under the impression that the Subdivision Control Regulations did
not apply to commercial land use. Apparently at least some Town of Dryden offices
were aware that this development was taking place, however -- but the information
somehow never reached the Planning Board. Dr. Sheffy expressed his interest in
having clarification as to just where the line of communication broke down.
NOTE: The Planning Board as a whole was concerned that considerable development has
gone on on this property without the knowledge of the Planning Board. Obviously
the enforcement mechanism of the Subdivision Control Regulations has been faulty,
In this particular case, the Tom is fortunate that the owner has been highly con-
cerned with planning and instituting sensible and logical development of the land
but an alarmingly bad situation could. have been established,,-and the need to avoid
such a future situation is very much evident.
• Definition of a Subdivision
Dr. Lengemann queried, "Is it a !subdivision' when a man installs a road only?"
(Board needs rcadin;
Dryden Town Planning Board -3- December 219 1,-67
. Written Approval of New Roads After Construction
14r. Curtiss reported that it has been agreed by the Board and by Mr. Richard
Case tIat the Planning Board will require Mr. Case's written approval, indicating
that a road has been installed according to Mr. Case's requirembnts. 'Fr. Case has
agreed to cooperate in effecting this.
Planning Board PoT.rers
Mr. Curtiss read Town Attorney Mrs. Helen Amdur's 4/25/67 memorandum to the
Planning Board re "oath", and "planning board powers ". (Copy to be included with
these minutes.) •
The Planning Board noted that a contradiction appears to exist between point
"E" of the memorandum, and Section 12 of the Subdivision Corftml Regulations. Mr.
Curtiss will check with Mrs. Amdur for a resolution of these conflicts.
Problem of Procedure on `ajor Subdivision Approvals
With specific reference to the Gilmore subdivision, Mr. Curtiss noted that
the Planning Board is required by the Subdivision,Control Regulations, to act on
a subdivision within 45 days of the public hearing -- but apparently cannot act
because the road cannot be completed until weather permits. Mr. Curtiss will
check with Mrs. An:dur to see whether or not the Board should approve the subdivision
contingent upon satisfactory completion of the roadway. (Bond required ?)
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Fire Department Map Request
Mr. Curtiss read the letter written by him to Mr. Hill of the Dryden Fire
Department, indicating that the Planning Board cannot be responsible for preparing
a map specifically for his purpose, but indicating the Planning Boards willingness
to cooperate in any possible way, e.g., lending master map.
Road and number Changes
Mr. Curtiss noted that neither the New York Telephone Company nor the Iroquois
Telephone Company used the lists provided them by the Planning Board, in preparing
their new current directories. The telephone companies had requested this infor-
mation, and it was supplied by us as requested in time for inclusion in the new
directories.
Planning Board Minutes
Planning Board indicated approval of use of subtitles, and of all - inclusive
nature gaeIAAty of minutes., (Mrs. Hardesty would appreciate any suggestions as they occur
0 &
to any recipients.) Mrs. Luss has requested a copy for the Town files. Approved.
M
OK
OK
PLANNING BOARD, TOWN OF DRYDEN
MEMORANDUM
I. OATH
rr
Each planning board member must take the constitutional
oath, and file same with the Town Clerk. Marlene Luss has been
advised and has the forms of oath. Please contact her directly.
II. PLANNING BOARD POWERS
A. A planning board may act upon a plot submitted for
approval only after a public hearing which has been preceded by
legal notice. Such notice must be published in a newspaper of
general circulation at least 5 days prior to hearing and hearing
must be held within 30 days after submission of plot. (Town Law §2'
B. The board may adopt its own procedural rules for such
hearing, after a public hearing by planning board and subject to
approval by Town Board (Town Law §272).
C. After a public hearing upon notice, planning board may
approve, modify and approve, or disapprove a plot. Highways must
be approved by the Town Superintendant as to grade, etc., and by
the planning board as to location, name, etc
D. No developer may file a map in the Tompkins County
Clerk's office without approval of the Health Department and
planning board endorsed on said map. All developers must file
a certified map with the County Clerk and a copy with the Town
Clerk before offering lots to the public for sale (Real Property
Law §334). Moreover, where the. owner of a tract of land sells,
offers to sell, leases or rents 5 or more parcels from a tract,
he must obtain approval from the Department of Health for a
subdivision plan (Public Health Law §1115, 1116, and 19 Op. St.
Compt. 26, 1963). Our Subdivision Regulations §3.1 defines a
subdivision as a division of a parcel into 2 or more tracts or
parcels for the purpose of sale or building development. It can
therefore be interpreted that "development" includes an apartment
building, or other rental units.
E. The planning board has no power to compel the subdivide
to submit his plot for approval. Under the usual circumstances,
the town building inspector will refuse to issue the necessary
permits to a subdivider who has refused to submit his plot or who
has continued to develop his subdivision despite disapproval of
planning board. (20 Op. St. Compt. 94, 1964).
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Dryden Town Planning, Board
Correspondence:
December 21, 1967
Establishment of New Trailer Park Area near rreevi.L1e
Iir. Curtiss read a letter received from Mr. Clayton Crammer regarding his
property on i�ill Street near Freeville. Mr. Cramer indicated that he plans to
develop this into a "campground" and "12 to 14 permanent mobile homes ". Town
Assessor ter. dells had suggested that Mr. Cramer contact the Planning Board
about his plans. Mr. Cramer indicated that he has already started clearing the
land, and that he plans to start the roads next Summer*,
.
- Mr. Curtiss will check this matter with Mrs. Amdur and Mrs Niederkorn.
Adjournment,
„ A
10:35 p.m.1.
Respectfully submitted,
Virginia H. Hardesty (T-rs. L.F. )
Secretary to the Planning Board
NOTE: Mrs. Amdur's interpretation of Part E of her memo, as she explained
to me today, is that the Planning Board.itself can not order anyone
to appear before us, but we can at any stage ask that the enforcement
officer take action to impose the penalties (in the Regulations)
if the regulations are not being followed. So we do have some
kind of "power" to make this thing work.
On the business of more than 45 days having passed before we
take action on a subdivision after a public hearing, Helen said
that this should cause no problem; it would be only if a subdivider
asked that we do it before then, in which case we would have to
turn it down, of course.* Thus, there will be no legal problem
in our not approving Bradley's, Sadd's, or Gilmore's subdivisions
before Spring, even though the public hearing has already been held.
%'ale are awaiting completion of the roads,
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Januery , 168
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rROi:: Pete Curtiss
L J =C`�': I'e'c;tinF of Intere_ot, J�;nua.ry 11 (Thursday)
ne�:-ular 1�1e(ltint , JOnu<<;.rry 18
inclose
are
the
%ecember
min_?tes
.. PIrst
of
all,
'a.
reminuer
that
o'ur
ne.'.t
rE`_ulza.r
mr.-
eti.n�:
iAiill
be Thurs")..��.y,
Ja,nuory
19th.
J;a.In.
businerss
Public
hc—
:rind
for SE)con.d
,:
a.rt
of
Gilmore'
3
Ellis
lu.n`
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Niederkorn
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heve
thp.
zonin;v
ordinance
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to
.
;dive
us
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e ca.n
start
3,. ca. re.fu1
rcevIc•w
. Aned
we
rinus.t.,makc
a.
recorn-
nenau.tion
to
the
lot:n
:!3oard
on
'-he max,.
La.rely in conneetic:; , i_th t.,is 1._!t, matter -- the r_eTNi mar, - -an3 some
rob em,s " t'h,?.t h?ve arisen, I've a, s- cec15.1 meeting- of all the
chiefs of tie fire corr.t.unies ser %ins* L.ryden. There way cn, fire on
L grt. 1^ tureay here the
' f '�nsh�,•� low, (the ol eman �.:,. st. Sa. u:
owner correctl,' rcl:ortE':a his Hc;';nshc.i?' ac. iresE but sG ?e Of the fire
coni :ani es idn' t end u �1,h,c;re they should, . Sor.,ie ho .:1 Ua.rFntly not
one t'neir• ho: ?�'f.or, on t•1_e ne,:� r^ai:,. 1k_or•e of '.;en, I th-inl we a.11 fe ..real
�.eoLL:le mi` ht use t'r. ' olo number C;.n� r'et fl.ubbe�. u;� . Anyw-ays , there
are problems on both side~, enout-,h sc that when I ta.lhe4 with each of
the fire. chiefs they were cnthuse:i over a meetin;<. and felt it would ,
r•• '� t C
^"j �_ C� i C Yl
rbe o a to hash over ;.k_,.:;e of .:rest: think I l�now vie Inic'Tez a c t
the indivi. ^ual neap a, N- roach to .;:�'. mill (Lryu.en), but that isn't the
:rt1 Jle
-..-sue here. AnV'oo.:a S, It look li'_Te °uch meet.infr 1r;I1.1 bat "OSt
het ful, anca if the P1:1.nnins• Boa,r:1 seems o be ._:.n a.�.ent for s.t least
g�i t�ii n�
Orint%inv, st�7,e Of these y,roblem Out in i;rle open for : o ble utiO_ ,
then it is f.or•th t e effort Even if it is sor;ethins. a p1 =i.nni nr bo ^r:5
i�ht normally not Bret into.
In summary, there will e e. meeting thi< t11hursua.y (Ja.n 11) at the
to :n ?i� -11 a.to S P.:1 C 3eci_ es <:.li of the chiefs, of the _fire co m 1; ^.Hies
ser•vinC- Cryucn, re,�resento a.t,ives fr °om C_�.yu �]. Hei ,hts w'nd the cit, of
Ithaca. will be tt,c -ra:E . Ga,ry Lee -anl I taint: :,lost if not all of the
other oa.rd ,.;.e.mbers ?^iill be. there. If you can ma.;7e it, x)le ^:ee do,
for it shout. be lnterE= stingy, rr. Pti.n�' nd. it may oe the r'la.r..nin�;
1 } n r_• C� r r t C i rj T 1' C� a
Oc�r'G 1111 U-E `'''y�' n SO!:.1e £'.Q�1 i n?.1 �_....1 '�nen� v T i T *�
L i 11� ]
Or So!% c re'la.te� ?Uoe,ct, Ifc7 lu °:t as `cc,n n:)t be IOnr on i:hi.s O21E.
If there is co -!e ,;- y lide c.c:-,ni really hel,,, I hope th lt. we can.
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