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HomeMy WebLinkAbout1994-07-15DRYDEN TOWN PLANNING BOARD JULY 15, 1993 AGENDA: PUBLIC HEARING — DAVID ABBOTT — SUBDIVISION BARR ROAD. RECOMMENDATION FOR REZONING NORTH OF THE VILLAGE FROM O"MA" TO "RD MEMBERS PRESENT: Chair Barbara Caldwell, Mitchell Lavine, Robert Fletcher, Michael Kelleher and Joseph Lalley. Among those present were Mr. and Mrs. Abbott; C. Brown; Clyde Cotterill; Robert Lowery; Henry Slater and Clinton Cotterill. The meeting was called to order by Chair Barbara Caldwell. It was the consensus of the Board that without the availability to have the aid of legal consultation with the Town Engineer the Varn Brothers project could not proceed. PUBLIC HEARING — ABBOTT SUBDIVISION PRELIMINARY /FINAL PLAT APPROVAL — BARR ROAD The Chair opened the Public Hearing and noted that in March 1990 this subdivision had board approval, however the plat had not been recorded within 30 days after being signed therefore was not valid and required a Public Hearing to proceed. Mr. Abbott stated there had been no changes since the Board approved the subdivision in 1990. Mr. Abbott provided maps of the subdivision for board review. Parcel #R1 and Barr Road has been developed. There are two remaining lots. Mr. Abbott stated that State Farm Insurance Company has shown an interested in the area for development. Henry Slater- stated that there haven't been any positive or negative responses from any of the notified parties concerning the subdivision. the minutes of the Mrs. Concerning Brown drainage that the Chair read from the minutes of the Site Plan Review on — March 19, 1990 for Hi — Speed Checkweigher Co., Inc.: "George Schlecht — the drainage Plan for Hi — Speed Checkweigher- meets with his approval." The board was satisfied that the developer had met the requirements for the drainage plan as stipulated in 1990. Mrs. C. Brown stated that they had been very pleased with the project and stated her concern was that the only access to the project remain on Barr Road. With no further- discussio close the Public Hearing. DOTE YES (5) B. Caldwel and M. Ke 1 NO (0) . Abstained n or publi Second b la M. Lav i leher. ( 0 ) c ca y M. ne; Publ mments J. Lalley moved to Lavine. J. Lalley; R. Fletcher is Hearing Closed. PB 7/15/93 PG.2 EAF — ABBOTT INDUSTRIAL SUBDIVISION REVIEW OFFICER J. LALLEY OAmendments to the Full Environmental Assessment Form were as follows: SITE DESCRIPTION: #7: IS PROJECT SUBSTANTIALLY CONTIGUOUS TO A SITE LISTED ON THE REGISTER OF NATIONAL NATURAL LANDMARKS? (NO) PROJECT DESCRIPTION: #16: WILL THE PROJECT GENERATE SOLID WASTE? (YES) b. IF YES, WILL AN EXISTING SOLID WASTE FACILITY BE USED? (YES) c. IF YES, GIVE NAME (TOMPKINS COUNTY APPROVED SITES CONSISTENT WITH APPROVED UTILITIES) . . . . . . . . . . . . . . . . . . . . . . . . . . . M. Lavine recommended that it should be noted that the Board reviewed the original EAF as submitted January 26, 1990 with the understanding that Lot 1 has been completed. In the upper left hand corner on the form the following statement was added: "REVIEWED 7/15/93 NOTE: LOT #1 DEVELOPED WITH IMPROVEMENTS AND IN OPERATION. THIS REVIEW REFLECTS CURRENT CONDITIONS" JML Mitchell Lavine moved Kelleher. to NO (0) Abstained reaffirm the negative declaration based on the review made of the EAF Second by Robert Fletcher VOTE YES (5) B. Caldwell; M. Lavine; J. Lalley; R. Fletcher and M. Kelleher. NO (0) Abstained ( 0 ) Joseph Lalley moved that having reviewed the original contingencies in the approval and vote of March 8, 1990 and having been satisfied that those conditions have been met that we reaffirm our approval of the subdivision. Second by Mitchell Lavine. DOTE YES (5) B. Caldwell; M. Lavine J. Lalley; R. Fletcher and M. Kelleher, NO (0) Abstained ( 0 ) PB 7/15/93 P6w 3 DISCUSSION /RECOMMENDATION FOR REZONING CHANGE NORTH OF THE VILLAGE OF DRYDEN OMA TO RD Chair Barbara Caldwell read the following letter 1^@c @ived from the Town Supervisor, James F. Schuge • TOWN OF DRYDrN • DRYDEN, NEW YORK 65 EAST MAIN Stnttt, bnybEN, NEW Yonk 13051 607 -844 -8619 In the Ilearl of the Finger Lake hegioii orrlrF or T11E surEnvtSOn Barbara Caldwell 16 24 Ellis FFo.11ow Road Ithaca, NY 14850 Rr.: Rezoning Area North of village PQ;ir Barbara: June 29, 199J Flack on January 18, 1993 I requested the Planning Board to review the possibility of rezoning the area adjacent to the Village from MA to RD at the request of Ronald Goddard and Clyde Cotter.ill. In March of 1993 I asked that you hold off until the Dewitt application had been reviewed. Mr.. Cotterill and Mr. Goddard again have requested a zoning change. Wou.l.d you now please review this with the Planning Board n!td give the Town Board your recommendation. I believe you were involved at the time this was zoned MA nriel there were strong requests by this group to have it an ^ottrd. Because of the sewer and promising possibility for water thir, i.^ nn T'xcellent MA area and the future of the Dryden tax bar.,e lie:, with future Industrial/commercial businesses in MA zones. Thank request. you for /m cr: Town Don rd Planning Board FFenry Slater you interest and consideration of this Sincerely, Jam ,s F. hug I Sa ervisor S . RP 7/15/93 PG. 4 Mr. Clyde Cotterill stated that Mr. Goddard had called him this afternoon and regretted not being able to be present and requested that he speak on behalf of Dryden Enterprise which was Incorporated some eight or ten years ago. Mr. Clyde Cotterill indicated: After selling a parcel of land to the Insurance Company they were informed B.R. by the Town that it was necessary to subdivide. property and for apartment houses which an They have not prohibited sold a parcel of land since subdividing. The taxes were $1,000.00 and and now they are $8,000.00. The sale /proceeds from the two parcels of land were put back in to sewer and roads. The corporation has not taken one penny out. Two parties B.R. DeWitt had approached to an MA buy property and for apartment houses which an heavy are prohibited is in an MA zone. site. This year B.R. DeWitt was interested an MA Zone you and the community is against any an heavy industrial It is heavy at this site. Anything you put in an MA Zone you can't put in an RD Zone. It is heavy industrial and anything that qualifies is not going to be allowed. Mr. Goddard requested that I inform you that he has talked with two commercial relaters within the last month about marketing his land. They stated that they industrial didn't that think they being zoned could commercial sell that land. and heavy They stated that If it is not rezoned, don't think about placing it on the market. All other lands the McLean Road and Cortland Road is Zoned RD. Mr. Robert Lowery stated the following: He is the General Manager of Dryden Mutual. "I want to put this in general context. These people have been friends of mine all my life. I bought this land from them, Clyde was president of our company when I came to work for him. I brought this situation, B.R. DeWitt, before my Board of Directors and decided it would devalue our building and our future plans. Our future plans have been presented to the Town Board, we may have 184 to 300 people by the year 2020. We want to buy the adjacent 4.4 acres. We want to buy it now and I have negotiated with this group for probably four or five years. In the States infinite wisdom says you can't buy until you need it. When you need it, it won't be there. If you took a drive to New Berlin and saw what Preferred Mutual has done, or went to Edmonson these are towns smaller then Dryden, and there are these huge insurance companies, we're the same thing. • We chose to be the loyal opposition, there were 650+ people on petitions and we think we have recorded another 1,000 people who were ready to sign. We had well over 2,000 people in opposition." PB 7/15/93 PG. 5 Robert Lowery continued: "The B.R. DeWitt situation has gone away because they haven't renewed the purchase offer, because they saw we were Onot going to give in. But the situation here is still this is a beautiful place for people to build. I would love to have seen United Parcel, other places like that that are more suitable. The cement plant would have been a great thing, but we all, everyone thought it was in the wrong location that's all. We are not opposed to B.R. DeWitt. It was where it was and that was going to be devaluating to our plant and also to our future plans, so we have to protect ourselves. I think we pay some 30 or 32,000 dollars a year in taxes now and will be paying a lot more when we finish with the construction of what we already have planed and presented before, not this Board, I think before another Board. That land lays dormant, they came to me and said "what do you think ?" I said we can't be in opposition to everything and we won't be. We would like the right of refusal if they want to put up a formaldehyde plant or something." "We had to oppose what we had to oppose only to protect ourselves." Mr. Lowery cont could be grante apartment housi to Zone) we may it. Now maybe and my company, inued d a re ng. H consi that i the d t z e S s e o stat oning state tently s e 1 f i valuat e that request d "What oppose sh but ion of he hoped th He was n is there n because we I have to p our buildin e Corporation of opposed to ow (referring don't want rotect myself, g Clyde Cotterill stated they were always opposed to the MA Zone. Clinton Cotterill advised the Board that the Zone was "CB" on both sides of the road prior to 1985, 186. It was an allowed industrial, commercial with just a zoning officer making sure it conformed with all requirements plus a SEAR but no hearings were required. Some things required a special permit. George Schlecht was on the Board and suggested they go to an industrial MA zone with a Site Plan Review. Because there was sewer there and water available the Board made that area "Mn". Barbara Caldwell rezone it MA was present is the on For non residenti Review was import on the community, not the ly al ant ed that issue Zone wh use adj in ord one of the concerns at that time to of Site Plan Review. The MA Zone at ere Site Plan Review is required. acent to the Village a Site Plan er to consider all types of impacts The Board discussed the issues and process required for applying for a permit in the "RD" zone. • PB 7/15/93 PG. 6 A development of over two acres would require a special permit. M. Lavine Lowery: noted that can if this the parcels zone I were changed, to have as it stands every now, where the can someone the RD Zone. like arises." where B.R. RD DeWitt go besides suggested RC. an placing MA a Zone? OH. Slater: Nowhere. R. Lowery: "Then noted can I ask, the parcels am I going East to have to spend $5,000.00 of this every time the Permit issue the RD Zone. to arises." where the RD It The Board Lalley noted Board send a stated that the parcels on the that East a side be subject of this subdivision to of building Permit wishes the RD Zone. to become RD Zoned. where the RD It is now suggested RC. J. Lalley Lalley suggested Board send a stated with that given the fact that we, as a Board, be subject the implications to of building Permit in the RD Zone. Looking where the RD Zones in the first are now, would suggested be reluctant at placing that a the RC become RD that this would be consistent with that thought process. Have this MA become RD since it is highly unlikely that any of the things that are allowed in the MA now would ever get permitted to develope. B. Lavine noted that maybe the Board should consider that all RD Zones permits require a special permit review and add that requirement when this request is presented to the Town Board. H. Slater was concerned that all single family dwellings would then require a Special Permit when built in the RD Zone. J. Lalley recommended suggested Board send a that with the Special Town Board that Permit the homeowner would to "RD" understand be subject the implications to of building Permit in the RD Zone. Looking where the RD Zones in the first are now, would be reluctant at placing a signal family home on Rt. 130 Joseph Lalley also recommended that the Planning Board send a recommendation to to the Town Board that this particular MA zone be rezoned from allowed an "MA" to "RD" "RD" Zone AND We also send a strong recommendation — what if to the Town Board that any allowed changes use in the "RD" Zone be subject Zone to an RD to Special Permit to consider Review. Special the Permit Special Review Permit for all concern uses be the in the first RD Zone? motion? Joseph Lalley moved that the Planning Board send a recommendation to the Town Board that this particular MA zone be rezoned from an "MA" to "RD" Second by Michael Kelleher. Discussion: B. Lavine — what if on our recommendation the Town Board changes this MA Zone to an RD Zone but refuses to consider the Should Special the Permit Special Review Permit for all concern uses be the in the first RD Zone? motion? • J. Lalley stated that PB 7 -15 -93 PG. 7 stated he could live with that and Mr. Kelleher would be consistent with the other RD Zones. J. Lalley stated: "I guess my preference is tonight in the Ocurrent discussion we discovered what I think may be a weakness in the "RD" regulations however, I think to keep this "Mn" Zone is wrong because'clearly the Town doesn't want the kind of development that is allowed to be in an MA Zone to happen there. The RD is probably the most consistent, not totally consistent when I think of what we want to have happen in that general vicinity. We have just recommended that an area directly across the street be considered for "RD" so I think it is consistent with our ..(conclusions)... and I don't want to hold that particular action hostage. I think we have identified a genuine concern on the Board's part that we want to convey as a separate motion, maybe within the same letter." VOTE YES (5) NO (0) Be Caldwell; M. Lavine% J. Lalley; R. Fletcher and M. Kelleher, Abstained ( 0 ) Joseph Lalley moved that the Planning Board send a strong recommendation, as strong as it can be, to the Town Board that they consider- having all actions permitted by "RD" be subject to a Special Permit Review. Amend the RD Article 9 district regulations zone such that all uses in 901 and 902 require a Special Permit Review as specified in Article 13 — Special Permits: Second Mitchell Lavine, Discussion: H. Slater no been a single family resi last home application did VOTE YES (5) Be Caldwel and M. Ke 1 NO (0) Abstained Meeting Adjourned. jr • ted that in t dence built t have a Speci 1; M. Lavine; 1 eher. ( 0 ) he RD Zone there hasn't here in some time. The al Permit Review. J. Lalley; R. Fletcher • • TOWN OF DRYDEN PLANNING BOARD DECEMBER 16, 1993 DRAFT AGENDA: RECOMMENDATION TO REZONE THE EAST SIDE OF NORTH ROAD PEREGRINE HOLLOW SUBDIVISION (DEIS) MEMBERS PRESENTb CHAIR. BARBARA CALDWELL; CLAUDIA BRENNERI JOHN DAVIS; MITCHELL LAVINEJ AND JOSEPH LALLEY. ALSO VIRESENTs. Dave Putnam; Henry Slater; Mario Giannella; Larry Fabbroni; and Ralph Varn. The Meeting was called to order by Chair. Barbara Caldwell. Henry Slater requested that the Planning Board place on record their recommendation that the East side of North Road be rezoned from RC to RD, and a written request be submiltted to the Dryden 'town but cannot substantiate Board. Mr. Slater it with b@lieves prior this minutes. was done previously John Davis moved that the petitioned area for rezoning from RC to RD be accomplished with the conting @ticy that all RD projects be subject to Site Plan Review. Second By Mitchell Lavine. Discussions Vote YES (4) C. Brenner; J. Davis; M. Lavine and J. Lalley. NO CARRIED (0) ABSTAINED (0) (Secretary to highlight motion and send to Town Board Members ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A