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HomeMy WebLinkAbout1998-02-10TOWN OF DRYDEN TOWN BOARD MEETING FEBRUARY 10, 1998 Supv Schug called the meeting to order at 8:50 p.m. Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call attendance was made by Town Clerk Bambi Hollenbeck Present: Cl Beck, Cl C Hatfield, Cl T Hatfield, Cl Grantham, Attorney Perkins, Supervisor Schug APPROVAL OF MINUTES Motion was made by Cl Beck and seconded by Cl C Hatfield to approve the minutes of the January 13, 1998. Carried. CITIZENS PRIVILEGE OF THE FLOOR JOYCE GERBASI, Town of Dryden Representative to the EMC. The County is going to be putting a hazardous waste facility down on Commercial Drive. They are going to be putting out in the very near future a package which is actually aimed at vendors. That will be the beginning of the 60 day comment period. They are talking of having it open only one day per month and having to make an appointment to go there. We feel this may discourage people from using it. The EMC has asked that this package also be sent to the Towns. If you are interested in reviewing this, you might try to obtain a copy of this. The DEC has given two major permits for the Lake Cooling Project and Cornell. There are still a number of concerns regarding this. There are no specifics in place for monitoring or backup facilities. Cornell has not answered letters expressing concerns of neighbors. There will be a great profusion of algae from this project. Bolton Point Water System intake which supplies a fair amount of Dryden is not far away from the Lake Cooling Site. The amount of algae could potentially affect the water in Dryden. There is not much time for public comment on this. Cl Grantham - She & Joyce had talked with respect to the Dryden Lake Park Committee and when that committee may meet again. Supv Schug - Would like to carry over the Park Committee and get involved with the trail that leads to Freeville. We had a meeting in the Fall and will be scheduling another. MARTHA ARMSTRONG, Tompkins County Area Development - presented packets of information to Board Members. She stated they are currently going around to the Towns and Villages and giving them an update. The County contracted with Tompkins County Area Development about a year ago to do economic development planning. They are hoping to have a plan together by next June or July. There are several committees that meet on a regular basis. TCAD is asking Towns and Villages to participate by completing and returning questionnaires (distributed). Their mission statement is to "Prepare an economic 10 development plan for public and private sector activities to move the local economy toward greater vitality, stability, diversification, and equity in a manner that fosters cultural Page 3 of 11 • richness and ecological integrity". TCAD is looking at both short and long term projects to reach these goals. The questionnaires will be distributed to Planning Board members also. TCAD is looking for someone to attend a focus group meeting on either February 17, 1998 from 7:00 to 8:30 p.m. or February 24, 1998 from 7:00 to 8:30 p.m. to talk about some of the issues that are specific to our locality. Cl Grantham stated that she would probably be able to attend the meeting on February 24, 1998, at the Transit Center Conference Room. MARSHALL TAYLOR - Asked for updates regarding the adult entertainment regulations, wondered about public review and comment regarding same, and wondered about Town participation with the Owasco Lake Watershed Study, Cl Grantham advised him that the Planning Board would be completing the questionnaire provided by Lonny Palmieri, Supv Schug added that the Town does intend to participate in that study as the Owasco Lake watershed begins in the Town of Dryden. Atty Perkins advised that tonight the Board will be asked to authorize the Supervisor or Deputy Supervisor to sign an agreement between the Towns of Groton, Lansing and Dryden to jointly participate in a study of the secondary effects of sexually oriented businesses. February 26 is a Planning Federation workshop that those interested should plan on attending. By March 1 we hope to commission a study or review of existing studies by a planner. By March 31 receive and review the study. By April 14 comments should be due from the Town Board members, Planning Board members, interested people with respect to what requirements they would like to see in the Local Law. April 14 to May 12 draft, and by May 12 introduce a proposed Local Law, set a public hearing for June 9. June 9 tentatively act on any proposed Local Law and we would still have a week within our moratorium to file with the Secretary of State. GEOFFREY POTTER - from Varna Community Association. The Association is looking at expanding their parking lot and would like to know if the Town would pave the parking lot for the cost of the materials. Mr. Potter was advised that the Town would consider doing so and that Mr. Potter should come back to them when the Community Association was ready. TIM LEONARD - with the TEA Group which is a site acquisition company. He offered to make himself available with respect to the drafting of an ordinance with regard to telecommunication towers. He represents different carriers including cellular and digital and feels he can offer some insight with respect to that proposed ordinance. Mr. Leonard was advised that he could attend the Planning Board meeting to be held on February 19, 1998 at 8:00 p.m. Supv Schug stated that Mr. Leonard has spoken to him about towers with the capacity to hold more than one use and felt that this would be helpful to us. COUNTY BRIEFING MICHAEL LANE - He has concerns similar to Joyce Gerbasi's with respect to scheduling of appointments at the Hazardous Waste Facility. The operation of that facility will be similar to the operation of the Recycling Center, a public /private partnership. Mr. Lane stated that tax foreclosures are very similar to what they were last year, two in the is Village and under 20 in the Town. Many of the properties are rural vacant land or building lots. The Northeast Sub Area Transportation Study is under way. They have selected a client committee of 15 members, taken from 27 applicants. They will discussing proposals Page 4 of 11 . and looking for public input. Meetings will be the last Thursday of each month. He hopes they will be looking at Route 13 including the Warren Road overpass area and the overlap of Route 366, one the most congested areas in the Town and an area that is susceptible to accidents. The public can contact John Bailey or Barbara Caldwell with respect to this matter. Meetings are held at the Transit Center on the last Thursday of each month at 5:30 p.m. at the Transit Center. A copy of the preliminary road program was distributed. Supv Schug encouraged Varna residents to have a representative at those meetings. CHARLES EVANS - The Economic Work Force Committee is working on a plan for the implementation of welfare reform. They are asking TCAD to develop an overall economic development plan for the County. With that they hope to develop job training for individuals to be able to work within that plan and also to develop means of transportation for people without it to get to their jobs and back. Welfare reform cannot work without job opportunities. Reminded us that March 2 is the last day to apply for the STAR Program. The current talk is that they will put the whole plan in this year rather than phase it in, meaning a 50% reduction is school taxes for those eligible. A preliminary meeting with Time Warner will be held on the 27th to see if that project will work under the circumstances we talked about last time. He will keep us advised. COUNCIL PRIVILEGE OF THE FLOOR CL GRANTHAM - Safety Program Update - On January 26 several people from the school systems, two people for the Task Force for Battered Women and one person from Ithaca Rape Crisis met. They have decided to do a one -day pilot targeted at Seniors in the Dryden School on a Senior Day, and include it as part of a program that includes college and jobs after graduation, etc. The plan includes self - defense workshops and sessions with Ithaca Rape Crisis, Task Force for Battered Women and Child Sexual Abuse Project, and potentially a final session of the day on crime prevention. Tara Jenne is going to do a lot of the planning and try to get space at TC3 so that its off grounds. There is concern that this be billed as looking forward instead of looking backwards and stirring things up, thus the addition of college planning and things like that. Tara would like help with getting space at TC3. The Town will assist with that. The committee would also like a session at a staff training day with the Ithaca Rape Crisis and Task Force for Battered Women before Senior Day and Tara Jenne is going to work on arranging that. Some costs have been gathered, but they are rough at this point. This will be a pilot, with a goal of something bigger and better next fall. ATTORNEY Cell Tower Ordinance - this is going to the Planning Board on the 19th and Mr. Perkins requested that ZO Slater provide him with any comments from the Planning Board. ZO Slater requested the Zoning Office continue to provide notification to adjoining properties as they have in the past, ensuring that potentially unfriendly neighbors are notified. Time Warner Payment - Supv Schug stated that last year they requested a credit on their taxes and this year they just took a credit. We cashed their check based on attorney's instructions, without prejudice, which means we can still complain about how much they took, a $2,151.71 credit. Attorney is checking into this. There is an issue about whether or not Time Warner obtained the proper certificate back in December. • Public Officials Liability - Attorney had specific comments and concerns about that. Our agent has asked the company to issue an endorsement so that it complies with the statutory requirements. We haven't received it yet, but will follow up on it. Page 5 of 11 • A timetable with respect to the proposed local law for sexually oriented businesses was previously given. Attorney asked the Board to consider approving an agreement between the Towns of Groton, Lansing and Dryden to undertake a joint study of the secondary effects of these businesses. It is hoped that because of the similarity of the Towns that we be able to share the expertise and the expense. We have a simple agreement that the Towns will share equally and I would like authority for the Supervisor to pay the Town of Dryden's share, not to exceed $2,500.00 for the study on which well base our local legislation. RESOLUTION #75 - AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT REGARDING STUDY OF EFFECTS OF SEXUALLY ORIENTED BUSINESSES Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to enter into an agreement with the Towns of Lansing and Groton to undertake a study of the secondary effects of sexually oriented businesses and to pay the Town of Dryden's share of the resulting expense, not to exceed the sum of $2,500.00. 2nd -Cl T Hatfield Roll call vote - all voting yes KARL HECK - Housing Ss Urban Development - Advised that they are still soliciting applications. Hud has moved the deadline to April 2, 1998. Warren Courier, the inspector from Better Housing, will be out looking at houses in Dryden in the next week or so. Hoping to have the application for Dryden done by the original deadline. About half the people will be the same and half will be new people. We're making changes from last time to try and make it better so that theyll fund it this time around. ATTY PERKINS advised that with respect to Kimberly Drive, the insurance carrier is handling that matter. With respect to Cortland Paving, that's scheduled to be tried in June. Zoning Ordinance - we're still working on it. Timmerman is an insurance matter and will be defended by the insurance carrier. The Varna Lawsuit is scheduled to be heard this coming Friday in Supreme Court, Tompkins County. ENGINEERING Potters 366 Drainage - The Town received TG Miller's report today. Their opinion is that the problem is the culvert that goes across Mr. Potter's land and according to DOT it's his. Mr. Potter feels the culvert is not big enough to handle the volume of the water, the engineer agrees, but the culvert is his. Mr. Potter put the pipe in three years ago (replacing a pipe of the same size which had collapsed). All culverts show on the 1968 sewer construction drawings, same size, same location. All drainage goes from the south side to the north side of the road and Fall Creek is behind Mr. Potter's house. The 30" culvert apparently was put in and the ditch closed at some point in the past. The culvert is 100 feet long with a five foot drop at the end. There are no Town culverts involved and no Town roads involved. The low spot in Dryden Road is in front of the Potter property. The DOT is responsible for roadside drainage and they're saying that its not their culvert across Potter; they don't know how it got there. Mr. Potter does not want an open ditch. The Town does not feel that the apartment complex on the opposite side of the road is creating the problem. The Town's position is that it's a natural water course and is the responsibility of • the landowner, acknowledging that it's an expensive problem to remedy. Mr. Potter feels that the property owner should not be responsible for taking care of the State's water". Page 6 of 11 • The Town offered to make a recommendation with respect to the size of the pipe and advised Mr. Potter to try to get assistance from the State. Mr. Potter's response was that he would buy flood insurance. He states that with the existing system and culvert his basement continues to flood. The Town acknowledges that Mr. Potter does have a problem and will monitor the water flow situation at Mr. Potter's property. Yellow Barn Road - The Town Engineer presented a quote of $6,600 to complete a map, plan and report with respect to the water drainage problem in the Yellow Barn Road area. This cost would be recovered by the Town should the residents of the area in question form a flood control district. The district would consist of those properties bordering the creek between Ferguson Road and Route 13. Mr. Terry Mallett, 18 Sunset West Circle, advised the Board that he would like them to consider forming a district for the Pinckney Road/ Sunset Circle area, and was informed that there are fewer properties involved in that area and so it would be more costly to residents. It was noted that the formation of a district would enable us to apply for aid from the State and County. This will be an ongoing cost to the residents because it will need to maintained. RESOLUTION #76 - FORMATION OF YELLOW BARN FLOOD DISTRICT Cl Beck offered the following resolution and asked for its adoption. After discussion, it was RESOLVED, the Town of Dryden take whatever steps are necessary to institute the procedure for the formation of the Yellow Barn Flood District, 2nd Cl Grantham Roll call vote - all voting yes Survey costs for George & Game Farm Roads - Tompkins County has agreed to pay for half the costs of the surveys with respect to the bridge on George Road and the culvert on Game Farm Road, total cost to be around $5,500.00. The Town will pay the engineering portion. Supervisor asked for permission to allocate the total sum of $8,025.00 for the Town's share and $2,750.00 from the County, and submit it to the County for their approval, and once approved, instruct the engineer to move forward. RESOLUTION #77 - SURVEY GEORGE & GAME FARM ROADS Cl Grantham offered the following resolution and asked for its adoption. After discussion, it was RESOLVED, that the Town Engineer proceed to survey the George Road bridge and Game Farm Road culvert and that the Supervisor is authorized to expend a total sum of $10,775.00 in connection therewith, $2,750.00 to be reimbursed from the County. 2nd Cl T Hatfield Roll call vote - all voting yes ZONING OFFICER ZO Slater noted that his report had been previously sent to the Board members for the month of January. We are still waiting for the Village of Dryden to advise us as to what their volume of zoning enforcement work was. We are still waiting for that information, and so it appears unlikely that we will be able to begin working with them on April 1, 1998. Page 7 of 11 • ZO Slater informed the Board that he is very pleased with the performance Kevin Ezell in the past month. Things went smoothly and efficiently and his experience is evident. HIGHWAY DEPARTMENT Items authorized for purchase at January meeting have been ordered. SUPERVISOR Indicated that Board members have a copy of the ambulance calls for January and utility costs for 1997. Supervisor asked for comments on the Bolton Point Water Agreement Draft. There were none. Herman Road - no action taken Red Mill Bridge Agreement - The Town would be accelerating the County's schedule for Red Mill Bridge by paying for the interest on the money the Town would be borrowing, the amount less interest to be reimbursed to 80% by the County. The total cost being in the neighborhood of $650,000. The Board would like the Supervisor to obtain more information with respect to the cost and design of the bridge. Ferguson Road Bridge Agreement - We agreed that we would pay 201/o of this bridge. What we have been negotiating is the maintenance of the bridge. The Village paves their own bridges and takes care of the approaches. The Supervisor requested authorization to sign the agreement with the Village of Dryden and the County of Tompkins, after the Village agrees. RESOLUTION #78 - AUTHORIZE SUPERVISOR TO SIGN FERGUSON ROAD BRIDGE AGREEMENT Cl T Hatfield offered the following resolution and asked for its adoption. After discussion, it was RESOLVED, that the Supervisor is hereby authorized to sign the agreement with the Village of Dryden and County of Tompkins with respect to the construction and maintenance of Ferguson Road bridge. 2nd Cl C Hatfield Roll call vote - all voting yes School roadway - Discussion was had regarding possibility of the Town constructing the road from Mott Road to the new school addition at the high school site. Supv Schug stated that the cost of the road is estimated at $500,000. He feels that we could reduce the actual cost of the road by approximately $250,000 by using our manpower and equipment during times when the Town's highway crew is least busy (early spring, in the fall, and winter). The increase in taxes per $1,000 assessment would be 41 cents. Any help from the school in the form of grants and manpower would further reduce the cost. Cl Grantham - expressed concern that the cost would be shared by all the taxpayers of the Town when in fact a portion of those residents reside in other school districts. She • feels these other residents need to know that the Town is considering expending funds for the school roadway. She feels we are setting a precedent for paying for this kind of facility Page 8 of 11 Dr. Don Trombley - does not feel this is a school district project. He feels that 90% of the Town of Dryden residents represent our school district. He looks at the High School Campus as a community center. The school is open until 11:00 p.m. every night. The outdoor fields are used by numerous organizations during the course of the year. The new computer labs are near the entrance and those available to the public. The grounds are used by thousands of people and community groups such as Kiwanis and Sertoma. The roadway would enhance the community usage of the entire complex. The grounds are used by the public and should be paid for with public monies. Supv Schug noted that Town does not have its own fields that the Town maintains for public use and that the Town does sometimes roll the fields for the school and the Village of Freeville. Mr. Potter of Varna stated that he would not like to pay for a road that he would probably never drive on. His children attend Ithaca schools and he pays Ithaca City School District, Supv Schug noted that the Town has paid to send Ithaca City School children to recreational activities that they would not otherwise be entitled to. John Tottey - feels that those benefiting from a project should pay for it. He indicated that perhaps the school should go back to its voters and see how they feel about this. Cl C. Hatfield suggested that the school investigate the possibility of assistance in the way of grants. Lynn Griffin, Beam Hill Road - feels that if the Highway Department has available manpower that perhaps they could spend that extra manpower to repair Beam Hill Road. Cl Beck stated that we need to see if there is a demonstrated need for the road Cl T Hatfield stated that we need to take the initiative to work with other resources available for the benefit of our population, the school being one of those resources. We are concerned with safety issues in the school and the population is impacted by any action taken with respect to matters involving the school. Supv Schug indicated that Town has considered working with the schools in other ways, such as sharing diesel tanks, use and repair of parking lots, etc. The Board decided not to take any action regarding this matter in anticipation of hearing from the public after an article is printed in The Ithaca Journal. RESOLUTION #79 - APPROVE ABSTRACT # 102 Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #102 as audited, Voucher #184 through #283, for a total of $739,951.27. 2nd Cl Grantham Roll call vote - all voting yes Page 9 of 11 RESOLUTION #80 - APPOINT PLANNING BOARD MEMBER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Daniel Brooks to the Town of Dryden Planning Board. 2nd Cl C Hatfield Roll call vote - all voting yes Cl. Grantham nominated Lynn Griffin to the Zoning Board of Appeals, but said nomination was not seconded. RESOLUTION #81 - APPOINT ZONING BOARD OF APPEALS MEMBER Cl T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Stuart Berg to the Town of Dryden Zoning Board of Appeals. 2nd Cl C Hatfield Roll Call Vote - Cl Beck - yes Cl T Hatfield - yes Cl C Hatfield - yes Cl Grantham - no RESOLUTION #82 - AUTHORIZATION TO SUBMIT 1997 -1998 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, The Town of Dryden has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, the Town has determined that it has certain community development needs, and WHEREAS, the Town believes that the Small Cities CDBG program can be effectively used in order to meet those community development needs, now therefore be it RESOLVED, that the Town of Dryden is hereby authorized to apply for funding in the 1997 -1998 round of Small City CDBF funding, and further RESOLVED, that the Town Supervisor or his designee by authorized to sign all documents related to the submission of the Small Cities CDBG application, including the application and the Abbreviated Consolidated Plan. 2nd Cl C Hatfield Roll call vote - all voting yes Page 10 of 11 RESOLUTION #83 - DISBURSE FUNDS FROM MCARTHUR FUND Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board disburse $83.59 to Dryden Central School and $5.34 to George Junior Republic from the McArthur Fund, representing interest for 1997). 2nd Cl Beck Roll call vote - all voting yes RESOLUTION #84 - AUTHORIZE FILING OF ANNUAL REPORT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to file the annual report with the Office of the State Comptroller by March 1St in lieu of the February lst filing with the Town Board. 2nd Cl C Hatfield Roll Call Vote - all voting yes Meeting adjourned and Board moved into executive session at 11:35 p.m. AM, Pambi L. Hollenbeck Town Clerk d s Page 11 of 11 Date: February 4th, 1998 .o: Permits: James Schug, Family R Dryden Site Existing Town Supervisor During New From: the Henry M. Slater, January 198, our Zoning building R Building Code Enforcement Off. Sub.: "the January 198 are described Building The R Zoning in Activity Report Dear Jim: Building Permits: two mobile Family R Home, Repair Site Existing Built Single During New starts Family the (1) (1) month of January 198, our department issued 3 building The home by permits "the which Plan are described as follows. A -1 A -1 Single Renovate two mobile Family R Home, Repair Site Existing Built Single south New starts Family home (1) (1) C -4.1 area Cold underway. Storage Warehouse The home by Site "the will Plan Review (1) Certificates of Occupancy and Compliance Certificate of Occupancy (7) Conditioned Certificate of Occupancy (0) Certificate of Compliance (3) Public Inspections, Fire Safety Multiple Residence Facilities Business Facilities Home Day Care Facilities ire Ir1vestigations for the Month o During the month of Januar of (4) fires. There were (2) Mobile Home F'ark which destroy use. There was (1) single fam severe interior damage. The f chimney fire which damaged the f January. a Y, our off mobile hom ed both ho ily home f ourth call chimney b (c) (E) (0) (4) ice completed review e fires at Congers mes beyond further ire which resulted in was for a wood stove eyond further use. The appropriate two mobile homes demolition Mine, will require south and demolition and acceptable area removal. underway. for 2/10/980 advised, The home damage "the will DEC be repaired. The chimney in the the Mail ". fourth the fire will will be repaired. be installed within the remaining Update on Issues of Concern: Loeven Barn at 164 Dryden Harford Road The appropriate South at ?� demolition Mine, of the south and addition is area underway. for 2/10/980 advised, Replacement "the posts DEC and beams have been delivered in the Mail ". to the site and will be installed within the remaining original part of the structure which, with a new roof and siding will complete the restoration. Otterisctiat f'rUper,ty South at ?� Freese Mine, Road Scheduled and Special Permit area Hearing for 2/10/980 RMS Gravel South Mine, Hart Road and Mott Road area • We are advised, "the DEC Mining Permit, is in the Mail ". January 198 Report Page Two Zoning Board Review of K Appeals: Permit The ZBA Attached did is not copy meet Plan during Special Permit tracking January. program. Planning Board: The Planning Board did not meet in January. Site Plan Review K Special Permit Project Sheet Attached is a copy of our Site Plan Review, Special Permit tracking program. Very truly yours, zlc� � C Slater Y Zoning & Building Code Enforcement Officer cc: All Dryden Town Board Members Bambi Hollenbeck, Dryden Town Clerk Mahlon R. 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O it z W a- 0 z W M O a z m co 0 m 0 rn N O rn 0 m c =o c a� a 0I C c a CD c m c E Co y d c c n. 0 as a z< U� rn m aci }O m c (a O N > a x m a> O 'O W g c aa� CL m O mrn=UU ins. x � N m c =o c a� a 0I C c a o c m y Co y m 0 c c n. 0 CL a z< U� a� m aci }O � c N W E aa� CL m O mrn=UU a o and O.t N� C l0 N o y T 3 '0 m ❑. rn 0 a> c 'a CL a F- a m o a> 0 rn o S CO o 0 cNo rn -O 0 O N Y N L C > a7 L c c o a o 5 0 N 0 0 O aN�-2 Uz m c =o c a� a 0I C c a O_ o EN 0 O U n rn Q) N rn 0 o c m y Co y m 0 c c n. 0 CL a z< U� O_ o EN 0 O U n rn Q) N rn 0 ca m a� Co y m 0 m m U� a� o aci }O ¢gzxs� N W E y O mrn=UU PUBLIC HEARING SPECIAL PERMIT - MARTIN OTTENSCFIOTT FEBRUARY 10, 1998 Supv Schug called the public hearing to order at 7:30 p.m. Supv Schug stated that the hearing was to consider Ottenschott to operate a materials storage yard at 5 Freese He read for the record a copy of a letter received today from agent /property manager for Wayside Trailer Park, located a the proposed materials storage site. A copy of that letter is the application of Martin Road in the Town of Dryden. Jerry Dietz, who is the t 10 Freese Road, across from attached to these minutes. Mariette Gledenhuys, attorney for Mr. Ottenshott, spoke on his behalf. She stated that this is an application for a special permit to use his property at 5 Freese Road for temporary storage of gravel and other excavated road and pavement material, such as broken concrete and asphalt to be recycled. There will be trucks entering and exiting the property via Freese Road, the frequency of which will depend on Mr. Ottenschott's work load and need for use of the property which will vary from job to job. There will be no accessory buildings required. Applicant feels the use is appropriate and that it is within the part of Route 366 in the hamlet of Varna which contains light commerical businesses. With respect to screening of the premises, there is currently vegetation along the north side of the premises, but applicant will consider planting evergreens in order to provide further screening. Don McMaster addressed the board and stated that he had been hired by Mr. Ottenschott with respect to the questions of drainage and erosion, but had not had sufficient time to adequately assess the situation and indicated a willingness to work with the Town Engineer with respect to those matters. Tom Bossock - 9 Freese Road - stated that he has had problems with water on his property since Mr. Ottenschott commenced his operation and previously had had no problems. He is often unable to mow parts of lawn because it is so wet. Dave Weinstein - 51 Freese Road - Presented a petition signed by 25 members of community in opposition to granting the special permit. He indicated that the noise of large trucks in the early mornings and on the weekends was a nuisance. Ken Finklestein - 1044 Dryden Road - Asked the Board in making a determination with respect to Mr. Ottenschott's application to consider Section 1303 -2(c) of the Zoning Ordinance: "Whether the use will be more objectionable or depreciating to adjacent and nearby properties (by reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire, hazard, glare, flashing lights or disposal of waste or sewage) than the operation of the allowed uses of the zone." Marge Darkangelo - 10 Freese Road - Presented a letter to the Board in opposition to the application of Mr. Ottenschott and read same to the Board. Copy attached to these minutes. Carol Huff - 10 Freese Road - Presented a letter to the Board in opposition to the application of Mr. Ottenschott and read same to the Board. Copy attached to these minutes. Page 1 of 11 CQO C J �C G� Letters were presented from Steve & Jean Phelan (14 Freese Road), Christine Carroll (97 Freese Road), Laurie Snyder (36 Freese Road) and Francis & Ruth Munch (975 Dryden Road) all in opposition to Mr. Ottenschott's application. Copies attached to these minutes. Discussion was had with the Board and the public regarding types of screening, drainage solutions, the possibility of an alternative entry via Route 366, the hours of operation and the dust and noise created by Mr. Ottenschott's business. Mr. Ottenschott's attorney indicated that he would be willing to limit his hours of operation to 7:00 am. to 7:00 p.m. Monday through Saturday. He is willing to work with the Board and solve the problems of screening and drainage so long as it is not cost prohibitive. Mr. McMasters would like a contingent approval issued tonight. Felicity Hibbard - 999 Dryden Road - can see the site from her residence, is affected by the noise and dust, and is opposed to a Route 366 entry. Mr. Ottenschott - Feels that he has tried to work with the neighbors in the past to solve problems. He got permission from the Board in the past to fill the site. He feels the water problem comes from drainage from Mount Pleasant. The Board would like to see some more specific mitigation measures. They are not happy with general representations of what will be done. They would like to see specifically what kind of trees, size, how far apart they will be, the size of the culvert and can it sustain the amount of water, size of the grassy strip between the shoulder & the ditch, buffers. M. Geldenhuys - We will address the issues and come up with a specific drainage plan. Supv Schug - suggested shortening the hours would help eliminate some the dust and noise problems and asked whether anything else could be done with respect to dust. M. Geldenhuys - limestone is used. Applicant has a copy of checklist and knows what the Board is looking for. Applicant requests that this matter be heard again at the April meeting. Applicant may continue to fill property, but not remove material. There is no reclamation plan or plan for the property's use in the future. Mrs. Darchangelo - expressed concern that the issue of the property being an "attractive nuisance" had not been addressed. Would like to discourage children from playing at the site. Clp Grantham - feels the property needs a fence. Supv. Schug - The applicant, his attorney and engineer have heard the concerns expressed by the Town Board and members of the community. Can you address as many of those as possible prior to the April meeting? M. Geldenhuys - We will do that and submit it in advance of the meeting. Supv. Schug - And we will share that with the neighbors. Public hearing -@l� at 8:50 p.m. OdVurned Page 2 of 11 TOWN OF DRYDEN 0 DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT January 19th, 1998 James Schug, Dryden 65 East Main Street Dryden, NY 13053 In the Hecia of the Fenger Lakes Rgcr on Town Supervisor Re: Special Permit Application Dear Jim: From: Martin L. Ottenschot Please find is enclosed a copy a copy of a Special Permit Permit document, Application Application, filed by Martin L. Ottenschot When the and we'll who is requesting notifications. authorization to establish a material storage yard at 5 Freese Rd, Town of Dryden. Attached is Special a copy of the Zoning Form Permit document, my Application, project of is the appropriate, project When the and we'll related post notifications. completed Special Permit application, Long Form SEOR document, my analysis project correspondence. When the time the legal and personal property At this time, I've determined, a public hearing for -the next Dryden Town Board Meeting on Tuesday, February 10th 1998 at 7:30 PM prevailing time. Although I find the application to be complete, I do believe there is much site mitigation necessary before this use would be capable of coexisting with the surrounding residential neighborhood. I have detailed issues; that I believe require specific attention within the comments and concerns section of my attached project review. Also attached for you and the Boards use, is a Fart 1303.;., Board Project Review work sheet. I have sent a copy of this project review to the applicant's agent and advised same that it would be appropriate to contact Dave PlAtnam of Miller Engineering for the purpose of drainage, erosion, site reclamation and water quality. For all other issues, applicant is advised to contact this office. Very truly yours, /" � `- Q 1%% dUz&z5— Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors Tompkins County Planning Department Mariette Geldenhuys, Attorney for Martin Ottenschot TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607- 844 -9120 ZONING & BUILDING CODE ENFORCEMENT January O'0th, 1998 In the Heart of the Finger Lakes Region James W. Hanson Jr., Commissioner of Planning Old Court House Building 121 East Court Street Ithaca, NY 14850 Re: Special Permit Review pursuant to 239 L &M, NYS General Municipal Law Dear Commissioner Hansone Please find enclosed a copy of a Special Permit application, Long Form SEOR and a request on behalf of the Dryden Town Board to establish itself as the lead agency for both SEOR and the project review. Also enclosed is a copy of my analysis of the project. The applicant, Martin L. Ottenschot of 17 Ridge Road, Lansing, New York, is requesting Special Permit Authority to establish a materials storage yard at 5 Freese Road, Ithaca, New York, Town of Dryden. The site is Special Use At this time necessary pu meeting. We recommendati withi Permi , the blic apoI ons b Very truly yours, I n t h 0 y a RC Dryde allow mat Town Board easing at t give for th February 9 n Town Z erial st would de heir Feb is short , 19980 onin orag sire roar not g District does, by e yards. to conduct the y 10th, 1998 Town Board ice, but, ask for your Henry M. Slater Zoning & Building Code Enforcement Officer cc: James Schug, Dryden Town Supervisor Town Board Members Mahlon R. Perkins, Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors Michael Barlyski, NYS DEC Region7, 1285 Fisher Ave, Cortland Applicant, Martin Ottenschot TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT January `0th, 1998 In the Heart of the Finger Loke.s Region Michael Barylski, Region 7, NYS DEC 12B85 Fisher Avenue Cortland, NY 1045 Re: Request for Special Permit Authority for Materials Storage Yard Dear Michael: Ple for mat sit mat as D er e, er e b ryd ial be ial The site of Dryde other ag that rea applicat analysis e advis en Town s stora ing wit storag 7 n e s i be ha ncy on, on, to ed S ge hi e , the pecial yard n a RC yards ing with s identi for bot please Long Fo this tim Town of Dryden is 9 Zoning in receipt by approved scheduled February of a request Permit this at the authority East to establish Street, Dryden, a road at 5 Freese Road Town We of that Dryden. This Dryden this Town 9 Zoning District, allows by approved scheduled February Special Permit; in a fied h the find rm SE e and few hundred NYS DEC as SEOR and g enclosed a OR document all relate feet a pot e eneral copy o and t d proj 0 n f h e f Fall Creek, the Town tially interested project review. For the project e Town project ct correspondence. Generally, the applicant Martin L. Ottenschot, 17 Ridge Road, Lansing, New York is requesting Special Permit Authority to establish the Freese Road site as a temporary storage site for gravel, approved reclaimed concrete and black top materials. This site is abou slope of the site runoff will termi Considering the t closeness of the DEC as a possible direction that yo t 500 +/- and imme nate and ype of ma Fall Cree interest u have re d e t k e 9 feet from Fa iate terrain nter the Fal erials to be the Town o d agency and arding this 11 Cree we be 1 Creek st ored f Dryde desire propose k. Due t lieve all Water Sh and the n is iden s any con d project 0 e r t c s d e i e the ite lative fying rns or At project this time, review the Town on Tuesday, has scheduled February a public 10th, 1998 hearing for at 7::x,0 PM this at the 65 East Main Street, Dryden, New York Town Hall. We ask, that if possible, any response be submitted to us by Monday, February 9th 1998. Michael Barylski January 20th, 1998 Rage Two If you should have any questions or desire further detail, please feel free to call me at 607- 844 -9120 8 :00 AM - 4 :00 PM Monday - Friday or via FAX 607- 844 -9599 as necessary. Very truly yours, Henry M. Slater Zoning R Building Code Enforcement Officer cc: James F. Sch�_�g, Dryden Town Supervisor SPECIAL PERMIT REVIEW Applicant: Martin L. Ottenschot Cortland Paving Co. Date: 1/15/98 Action: Establish. outside storaoe, fill materials storaoe Site: 5 Freese to Districto Road, Ithaca, NY 14850, Town of Dryden Farce Application 1 #m 53-1-3.4 and -- Revi.ewer. what to Zoning of to Districto the Date: of Fe_brruary.h�L1�h.,._1998 Application RC Submitted and -- Revi.ewer. what to County Henry on: 1/20/98 Section 1303, Special Hearing of to Applicant, the Date: of Fe_brruary.h�L1�h.,._1998 Application and -- Revi.ewer. what of property Henry M. Slater Provided, Permit Requirements Review 1). Name of to Applicant, the project of business Application and legal owner- what of property /premises. Provided, appears Martin to be a complete L_. Ottenschot ar_curat e list of the current `). Has a property survey or other legal description of premises been provided? Yes, attached is a copy of a survey of the subject property, prepared by Robert S. Russler Jr., Lic Surveyor, _ 3)6 Has the applicant provided a detailed description of proposed use which includes, off street parking, road cuts, and other site uses relative to project? Yes, Sec. 3 a R. b of attached c;•jecL description. 4). Has a scaled sketch of site and site improvements been supplied? Same Russler survey indicates where two specific storage areas will be. 5). Is sewage and water supply existing or proposed and permitted by what means? None are proposed and none would appear to be needed as no structures are or000sed. 6). Has applicant provided a description of current uses of the premises adjacent to the project site? Application lists what appears to be a complete and ar_curat e list of the current area uses. 7). Has applicant provided a general statement appraising the effect of the proposed project and use on the adjacent properties the e environment and future development of the neighborhood and community in general? Applicant acknowledges there is an existing drainage and run- -off issue, but believe current natural vegetation and dust control is affective and sufficient, I~ disagree. See comments below, Comments & Concerns section. 8). Applicant such perm agencies now being Since run waterway, has its nece App o ffff NYS pro requ ssar- lied u I t DEC vided copies o ired by all of y for this pro for. Applica imately_ may require s f all permits or application for her local, state or federal ject which this Special Permit is nt indicates none are required. s into Fall Creek, a protected ome protection of that water .shed, Mart Comm have use. regu dire in ent be 0 lar ct 1 L. Ott enscho s or Concern en reported ver the past complaint t y across Fre t S a 0 e n s S Rage Two Dust, noise and visual pollution concerns d observed during the past unauthorized site everal years, dust & noise have been a this office, especially from neighbors e Road. Applicant indicated, existing site vegetation should be adequate for effective, noise, dust and visual screening. Generally, I do not believe that would conform to the Dryden Town buffering requirement. Appendix A, definitions page 18 of the Dryden Town Zoning Ordinance provides, "Puffer Strip. Row of densely planted shrubs and trees at least 5 feet deep with low branches intended to reduce noise and screen out objectional views ". None of the existing vegetation conforms to our Town requirement and in my opinion, is not effective. The prior neighborhood complaints concerning, dust, noise and vision of activities, support this opinion. Special Details: Permit Review item Section 1303.` (e), screening materials and buffering establish onto nonresidential additional effective use from screening adjacent and residential buffering do uses, to be necessary. 1)0 Dust has been the road a complaint all. When these Complaint Details: these trucks track have materials been onto Freese Road, but operators do not 1)0 Dust has been the road a complaint all. When these of materials neighbors, dry, dust begins especially to of those until directly across erodes the Freese packed deposits Road. off Neighbors Freese claim, "dust forms a • layer over their be a flowers, hazard. shrubs and vehicles when dry weather conditions occur. They also indicate windows must be kept closed as dust filters into the home. Specific dust control is necessary. L) . Noise has also been an issue as the excavat i. on trucks operating at the site and on Freese Road wheel dump trucks are typical of the delivery t site. When loaded, these trucks pull out of th Road. These trucks are negotiating a substanti from the entry on Freese Road to the intersecti 366. The grade requires full power using the v gears. Site loaders and dozers are also labori accomplishes their tasks. The yard operators s generally by 7:00 AM and include Saturday in th Loaders are left unattended and often idling wh Drivers load their- own trucks. This also creat nuisance to area kids. equipment and are loud. Ten ruck used at the e yard onto Freese al upward grade on of NYS Route ehicles lowest ng as each tart early, eir schedule. en not loading. es an attractive In wet weather, these trucks track have materials been onto Freese Road, but operators do not clean concerns the road at all. When these when materials the dry, dust begins yard to drift, operation. until time erodes the packed deposits of material off Freese Road. These materials may also be a traffic hazard. Each of these concerns have been witnessed by myself and such concerns are a common issue when the yard is in operation. Martin Ottenschot Flage Three 3). Vision to Neighborhood The application details natural screening on this site, as existing trees. These trees are hard woods and brush, and not dense enough to effectively screen site when vegetation exists and certainly not when vegetation is devoid. Generally, when we require site buffers and screening, we specify evergreens which will at least be, constant all year. In general, substantial evergreen buffering enhancements are necessary. 4). Site Security Some of the dumping of trash and rubbish than the applicant. A facil attract unauthorized dumping properties under windy condi should be established to pre vehicles, and reduce potenti 5) . Hours of operation should al reasonable and allow for coe and the immediate residentia should also be restricted to or nonhazardous. prio on ity whi tion c1ud al s so b xist 1 ne tho r observations have included the this property by persons other of this type would naturally ch would then blow onto adjacent s. Reasonable site security e entry by unauthorized persons, ite nuisance concerns. e established which are ence of this nonresidential use ighborhood. Storage material se asked for in the application 6). Much attention to drainage erosion and site reclamation will also _ be necessary. I believe this would best be addressed by Miller Engineering. Application indicates a willingness to address drainage. By the SEOR document, he plans no site reclamation. Fall Creek may also merit some attention. Maintaining Freese Road in a clean and safe condition should also be considered. Site should upon close out of the yard use, be returned to a condition consistent with area. 7). Bonding In case of failure or di =.aster, it may also be appropriate to require a performance bond or other appropriate security, refundable public safety at the and acceptable conclusion of reclamation. yard use, that assures One last note, SEUR Document, item B -25 Approval requirements, is left blank. This can be completed either before or at the hearing. Other than that, SEOR has been completely answered. LT M Henry M. Slater cc: Town MahI Dave Jame Mich Appl Board Members on R. Perkins, Putnam, T. G. s Hanson Jr., ael Barylski, icant, Martin Town Attorney Miller Engineers Tompkins Coi_tnty NYS DEC Region7, L. Ottenschot & Surveyors Planning Dept. 12285 Fisher Ave, Cortland • TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT January 19, 1998 In the Heart of the Finger Lakes Regioiz Mariette Geldenhuys, Attorney at Law E02 the Commons, Suite 305 Ithaca, NY 14850 Re: Martin L. Ottenschot 5 Freese Road Special Permit Application Dear Ms. Geldenhuys e By this Application this memo, we and acknowledge supporting documents receipt the of the which Special have been opinion. Permit submitted on behalf of Putnam Martin L. Ottenschot T. G. who is requesting Special at Permit Authority to discuss to establish a material of the storage use, yard at 5 Freese Road, Town of Dryden. in a condition that will permit it to At application this project. T.G. Miller implementation time, I and have project completed documents the initial review and report of the the following opinion. tnis to contact portion design Dave Putnam site of T. G. Miller Engineering I believ next pha hearing. 1998 at Dryden, agent su the Town Failure new date e the appl se of the The heari 7:30 PM at New York. fficiently Board, th to appear establish icati Speci ng ha the At t fami e rev will ed at on is sufficient al Permit Review s been scheduled Dryden Town Hall hat time, the ap liar with the pr iewing agency, t cause the hearin the Boards conv ly comp which for Tu 65 Ea plicant o j ect s o repre g to be enience lete to move to the is a public esday, February 10, st Main Street, or an appointed hall appear before sent the project. cancelled and a Enclosed, you'll find a copy of the project application and supporting documents, my project analysis and all related project correspondence. We acknowledge your commitment to address drainage run -off and erosion. of and the oversee project. T.G. Miller implementation A Engineering person, of your of such will choice, designs ne evaluating qualified should tnis to contact portion design Dave Putnam site of T. G. Miller Engineering find at 27:2 -6477 to discuss the details. of the yards use, the site should be left in a From the SEOR document, it is suggested, there will be no need for site reclamation. I do not find that appropriate. At the conclusion of the yards use, the site should be left in a condition that will permit it to fit into the Varna community. Again, Miller Engineering shall review and oversee plans. Mariette Geldenhuys, Attorney at Law January 19, 1998 Rage Two The general application, supporting documents indicate the existing site vegetation is sufficient to provide an effective barrier to screen dust, noise and site pollution. I do not agree. See my analysis. Revised plans should be submitted to this office, as well as all other details requested by my reviews or reviews by others to adequately mitigate the presence of a materials storage yard within the Varna Community. Although the Varna area is a mixture of commercial and residential uses; the storage yard site is immediately adjacent to a concentration of residential occupancies. In my opinion, a dense evergreen buffer and site security are minimally necessary to mitigate the material storage yard affects on the adjacent residential neighborhood. If you should have any questions or desire any further detail, please feel free to call our office at 844 -9120 8:00 AM - 1:00 PM Monday - Friday. Very truly yours, z en m. kl&Arn r~ M. Slater Zoning R Building Code Enforcement Officer cc: James F. 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'o a C a rt (D Q (D (D :r rS rt n O rt :Z' (D rf r • (D rl (D O C 0 C C rt (D a a iQ F� r • C S O N rs F 6 £ (D O O (D n ri Q, a• a a C (D C rt O C Q, r• O Cn r O Qi (D 7 r• a (n :, rt n rt O O (D rt M C C �• M (n (D rt F� r• ?'r•rt C (D n N rr (D O O M a rl E C rt r• C- rl (D (D rS El Q Cn =3 0 rt n fn rt r• �O a � c (D FJ W 70 (D W (D C N 9 (D rr F-� W O w N w 0 a rl Q, O c r• 0 n ri r• (D n O ro rn C) H b r b t� 3 H H E 0 x r� CTI H H H [�J U'( rzj rl O (D rD Q, H rt a n a z �C F-+ co Ln O t~ F-i n Z H r� a n rt 0 M ro r• n a rt r• O N O C O �n CT u O N rt C�J rt �a o� a r. rl (n "7 3 - r a C rt N r ri :3 r• �a nw rt O :o n n a `Q C c o w n ro rn C) H b r b t� 3 H H E 0 x r� CTI H H H [�J U'( rzj rl O (D rD Q, H rt a n a z �C F-+ co Ln O t~ F-i n Z H ALLISON M. MYERS, PARALEGAL Mr. Henry Slater, Zoning Officer Town of Dryden 65 E. Main Street Dryden, New York 14850 NIARIE17E GELDENHUYS A�rrORNEY AT LAW FLEET BANK BUILDING 202 THE COMMONS, SUITE 305 I- rHACA. NEW YORK 14830 TI ?LIPIIONL (607) 273 -2272 January 13, 1998 Re: Special permit application: Martin L. Ottenschot Property address: c/o Freese Road and New York State Route 366 Dear Mr. Slater: FACSIMILE (607) 272.1123 E -MAIL: 111glaw %akaxo,11 I represent Mr. Martin Ottenschot in connection with his application for a special permit for the above - referenced property. Enclosed please find the following: I . Special permit application. 2. Narrative description of the project. • 3. Sketch plan. 4. Zoning permit application. 5. Environmental assessment form. 6. Application fee in the sum of $275.00 It is my understanding that this application will be heard at the Town Board meeting on February 10, 1998. Please confirm the date and time of the hearing. If you need any further information or documentation, please do not hesitate to call me. Thank you for your attention to this matter. Very truly yours, /i "' UA, o"L71 Mariette Geldenhuys Enclosures cc.: M. Ottenschot R. Flumerfelt • TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT In the Hean of the Finger Lakes Region APPLICATION FOR DRYDEN TOWN ZONING PERMIT Name: Martin L. Ottenschot Zoning Permit # 3 -'::18Z Address: 17 Ridge Road, P.O. Box I Date of Appl. 1/13/98 Lansing, NY 14882 Parcel # Rhone # ( 607) 533 -7853 Application for a Zoning Permit is HEREBY made for the purpose of: ( ) to Build; ( ) to Extend; ( ) to Convert; ( ) to Place a Mobile Home; or (XX) Other. Please provide a brief description of proposed project includino number of structures proposed and the proposed use of the resulting structures. Owner proposes to use vacant land at 5 Freese Road, Town of Dryden as a storage for gravel and other excavated materials. F'r' o j e ct Site 5 Freese Road Town of Dryden Land Owner Martin L. Ottenschot Estimated Project Cost : $ O Project Owner Martin L. Ottenschot Is this a Land Contract Sale ?no Has Land / Site If yes, please Type of S t r u c t i_I F'1 e-i5e note, to GRANTED, y O _t W1 applications fo Permits. Once CONSTRUCTION PE been pr'o IV i r' E 7 o 11 th Y- con those RMIT p de n1 N en st a. ma i.t it n r' p v rchase wit former own g Permit i T A CONSTR be require 1_tct i on and pIicatior_. be ISSUED h e r L_ d in th Y'S n for CTIUN L' O S copie a. rid p e past (5) Yrs? ( ) Yes (>0 No. me no structure PERMIT. If , -t Zonir�g Permit i ubmit all nece=ssary of other regl_ired agency, e r m i t S r J _ a.r'e �-o�_;n�� acceptable, Attached is a copy of the ZONING PERMIT REGULATIONS' Page (G) is a sample site plan. F'age (4) provides a space for you to provide your necessary site plan. A site plan of your own design may be s_(bmitted. It must contain the requested site plan details a=. prescribed within this application. If you find you have gl_testions, please feel free to call our office as necessary. See page (4) for phone number and office fours, FEES for ZoniT-g Perm oject cost: es Project cost F Once this applicatio appropriate fee to t it . tima.;cd at lc:• =_ han «loll 000 0L: (XX ). timated at More than $10100e, fee 1- $7�.00 n i completed, br-iT-9 or mail it, along with the he Dr -yd en Tat•:n Hall, 65 E. Main t Dryden, NY. rDate 7 0 ning Permit ApE_r ci.'ed r der c::. ct c,rl of t:h - -; Date ZQ T-i irg Per m1 t Denied- - nr d {nce ; Dat t T.) 1 Fi;,; r,f Advc t i 2 -- "l.wN,ber, wood ems, ` 11 �aa °l QHa CJ.CY S1vyn1to M- SQOY45e �OIrk ` 4`. ✓�' perrn;'t4ej b� Approves, S()Pco iat Perrrnid SITE FLAN which CLEARLY ILLUSTRATES Zoning Compliance . The Space belt iw is provided f. it the applicant- to draw a site plan which will show placement of and type r.of structure or structures FOR WHICH THIS ZONING PERMIT is being applied fester. The fi-. 1l lowing information SHALL be sufficiently detailed yin this SITE FLAN sizi that the reviewer can verify Zoning Compliance. 1) . D i mens i ins of the Lot in feet. site 8) . Yard dimensions, set backs. Names r -if adjoining property owners 9) . Rizziad Frontage in feet c =nly 4 ) . Locat i -in F' 1 ace a 1 if 1 Driveway Fri posed Structures. & Road Cuts. 1 1 C)) 1) . Water . Sewer Courses, Facilities, cl rit iurs Well not 5) . 6) . 7). Structure L =scat i _�n Significant D i of mens i runs & Separat all Existing Tr.1pr.jqraph ical i in Str�_ict�_�res1S) Features 1 c>. Utility . North and Arrow Utility Easements. 6�?7- 844 -91c�i All lets within the T.1wn of Dryden created after September, 1969 SHALL be at least. c int i guous feet 30, 000 Square if Public feet in area Ri=iad Frontage. PM arid have Where no private less than septic icy systems through and wells are necessary, Lit Sizes are determined by TOMPKINS COUNTY DEFT. cif ENVIRONMENTAL HEALTH. I i Attached is a sample site plan which would be acceptable if subrnitted. If there are questic.1ris, or compliance is not p iss i b l e, please cal 1 6�?7- 844 -91c�i as necessary AM till 1:(-)(_) PM M inday through Friday. APPLICANT SSIGNATURE: -4- TOWN OF DRYDEN DRYDEN, NEW YORK MAIL OR BRING THIS FORM T0: Town Clerk Town of Dryden Dryden, New York APPLICATION FOR SPECIAL PERMIT Special Permit No. SP-1-9'A Application date I . r3 -9A Parcel Numbel`�'`1 -.Se / Zone Application is hereby made to (Build ❑, Extend [i, Convert ❑, Other see--below A Structure located at no structure To be Used for of gravel Town of Dryden, New York. and other excavated pavement m�terials — At a Cost of n a Owner of Land Martin L. Ottenschot Builder n/a If Construction is for other than present Land Owner, Sliow Name Tlie Structure(s) will be as follows: n/a Type of Construction _None. , Open or4 e Number of Stories . Number of Units A1 1A Type of Heat __ NJA Number of Batlis __AAA _ Square Ft, Floor Area: Basement First Floor Second Floor Over Second N/p N/A NIA N /,cJ Mailing Address Required Permits Obtained - Date Tompkins County Health Dept. n/a Town Clerk: Street Opening existing Blasting n/a Supervisor: Water Tap Sewer Tap Highway Supt: Culverts Driveway n/a 0 see attached narrative existing Bldg. Inspector Multiple Residence _ n/a The Undersigned applies for permission to do the above, in accordance with all provisions of all Laws or Regulations of the Town of Dryden, New York, or olhers having jurisdiction, and affirms that all state- ments and information given herein are correct to the best of Isis belief. Date of Hearing 2 - /O - 9A Date of Advertising 2 - 11 - 99 SIGNATURE' ✓! /lip Fee Paid Advertising 1-15- 7te /ADDRESS Special Permit Approved Special Permit Denied Under Article XIII of the Zoning Ordinance. PHONE NO. IMPORTANT NOTICE TO: nil APPLICANTS of Building Permits, Special Permits, Zoning Var^iarrc_rrr. and All other Type of Required Reviews or Permits Issued by the Town !aF Dryden. Effective Date: September 14th, 19880 From: Henry Town Dryde SLrb: Viola o r, Un Be Advi tl. of n, do Ti i f o sed Slate Dryden New Yo n of a tle 19 rm Bui as Fo V, Zoni 65 Ea rk 1305 ny Part N. Y. Co lding & llows: ng St 3 0 R. F Bui Main r Par R. (A ire P lding Code Enforcement Office Street is of, The Town of Dryden Zoning Ordinanc_> dministrat:ion and Enforcement of the revention Code). Due to the ongoing disregard of both the N.Y.S. Bui ldirrg & Fire Prevention Code and the Dryden Town Zoning Ordinance, the Town of` will STRICTLY ENFORCE all REQUIREMENTS & REGULATIONS of both. The following will be the general policy of the Town and this office: 1). No BUI all of submit ^) . No PUP `Int i l st.tppor docume LDING PERM her requir ted to thi LIC HEARIN this offic t ing docum nts are fo ITS wil ed perm S offic GS or T e has r ent s ar Ltnd to 1 i e 0 e e b be issued to ts, certificat and foUnd to WN REVIEWS wil viewed and fou 100% complete e accurate and any applican es and docum be acceptabl 1 be schedul nd that all and that al complete. t unt ent s e and ed fo appli 1 nec it hav co r a cat ess such e be mple fly p ions ary t en to Ur S im pu pp e t!:� ?,). If at any time prior to the issLtance of any above permit or author•it:y I: , proceed has been granted, it is found that CONSTRUCTION or OCCUPnri," frsa begun or taken place, the violator and property owner will be in a court of law by this office or the Dryden Town Legal Authority. 4). After necessary permits have issi_ted, if it is found that any holder of any permit takes occupancy, opens its doors to the public or uses a� permitted device without obtaining a CERTIFICATE OF OCCUPANCY or CERTIFICATE of COMPLIANCE, the holder of that per;niit' will be PROSE? L-1TE 1 irr a court of law by this office or the Dryden Town Legal Authora.ty,. �). In Summary, no violation or noncompliance of either the Dryden Town Zoning Ordinance or the New York State Building & Fire Prevention Cercr, will be tolerated by the Town of Dryden. No violation of arty local, county, state or federal law or regulation will be tolerated either,. Action will be taken against all violators. Penalties for such violations are, $100.00 per day not more than 15 days in jail or both, Each days breach shall constitUte a new and additional violation. 6). All fees and reimbursable expenses must be paid within, 10 days of billing by the Town of Dryden. There may be more than one billing. permits will be issued until such fees are paid. X Applicants Signat�_tre" -Lc�; 6 �• // , X Date January 13, 1998 Pg #4 SPECIAL PERMIT APPLICATION PURSUANT TO SECTION 1303 OF THE TOWN OF DRYDEN ZONING ORDINANCE 1. NAME OF APPLICANT AND OWNER OF PROPERTY: Martin L. Ottenschot 2, LEGALLY RECORDED DESCRIPTION: See the copy of the survey map submitted herewith. 3. DETAILED DESCRIPTION FOR PROPOSED USE: a. Storage. Temporary storage of gravel and other excavated road and pavement materials, such a broken concrete and asphalt concrete to be recycled. Occasional temporary storage of vehicles or equipment on the premises. Dump trucks make trips (defined as one entrance and one exit from the site) mostly during the construction season. Frequency of trips varies with work load. Usually, several days or weeks go by between projects, when there is not traffic to and from the site. A gravel drive into the site utilizes an existing street opening off Freese Road near the southwest corner of the property. b. Structures. No structures exist on the premises, and none are planned. 4. SKETCH OF PROJECT: See attached map. 5. SEWAGE DISPOSAL AND WATER SUPPLY FACILITIES: None required. 6. CURRENT USE OF PREMISES ADJACENT TO THE PROPOSED PROJECT: Adjacent properties are used for commercial, residential and farming purposes. A commercial complex, including a motor vehicle repair shop and laundromat is located across route 366 from the proposed project. 7. EFFECT OF PROJECT ON ADJACENT PROPERTIES: a. Drainage and storm water runoff. Concerns have been expressed about storm water runoff, particularly by the abutting owner on the westerly side of the property. The applicant wishes to work cooperatively with the Town of Dryden to reach the most practicable solution to this problem. The alternatives for solving the runoff problem are limited somewhat by the desirability of maintaining maximum visual screening of the property along Freese Road. If a culvert or roadside ditch were to be installed along the north side of Freese Road some of the existing trees and vegetation, which are already providing quite effective visual screening, would possibly be destroyed by construction. c Aproperty \ottensch.app • The applicant proposed the following possible solution to resolve the runoff problem in cooperation with the Town of Dryden: The Town will install a culvert along the north side of Freese Road to convey the storm water from the existing highway culvert under Route 366 to the westerly boundary of the applicant's premises. The applicant will install a drainage ditch along the westerly boundary of the premises to an existing culvert, as shown on the attached map. The applicant will clear out the culvert to allow unimpeded flow of storm water runoff. The applicant is willing to consider other alternatives for a cooperative solution to the drainage and storm water runoff problem. b. Road traffic: The frequency of dump truck trips to the premises is set forth in paragraph 3a above. Therefore, the increase in traffic, and resultant traffic noise and dust from the project is insignificant. Crushed limestone has been spread on the driveway giving access to the project to minimize dust. C, Visual screenir trees, brush and premises from installation of vegetation will g of the premises: There is currently vegetation, including several saplings, on the north side of the premises providing screening of the property owner on the south side of Freese Road. The effect of a culvert along the northerly boundary of Freese Road on the have to be taken into account. 8. COMPLIANCE WITH FEDERAL STATE AND LOCAL REGULATIONS: N/A Dated: ,12 > MARTIN L. OTTENSCHOT cAproperty \ottensch.app 17OWN OF DRYDEN DRYDEN, N$W YORK 65 Wi TIN sThLET, b►lYOEN, NEVV YORK 13053 607441441120 %i Jbe Heart o/ The Finer Lake Regiar ZONING 6 bUILbWa cobs tNFOFictmr:NT Date: January 20th, 1998 To: Vhom it May Concern From: Henry M. Slater, Zoning b Building Code Enforcement Office Town of Dryden 65 E. Hain Street Dryden, N.Y. 13053 Sub. SEAR Declaration as, " Lead Agency Status " Ladies and or Gentleman : An application has been received from:_Martin L. Ottensehot of 17 Ridge Road Lansing NY 14886 for: Special Permit authority to establish a materials Storage Yard for soil, gravel, recycled black top & concrete site:5 Freese Rd. Ithaca, NY 14850 - within the Town of Dryden. which is under review by the Dryden Town : Board and by the SEAR requirement in the review of this appli yourself want to assume the to this office in writing b have not received a respons objection to us being Lead Thank you, `we M aka Henry _ Slater CC: XXOur File Tompkins Cty. Health Dept, s are now declaring t cation. Since you may lead agency in this y no later than Mon( e by then, it will be Agent and that you ha hemseIves have ante review,req Jay Feb. assumed t ve no impu as, '' Lead Agency '' rest, impute or may uest that you respond 10th, 98 1 f we i t you have no to for the review. XXDept. of Environmental Conservation Region ( 7) , Cortland NY 13045 XXTompkins County Planning Dept. Dept. of the Army, Corps of Engineers Other Agencies of possible interest, as listed below. 111 t(.l (l.lftij -Ic ... 617.21 SEOR Appendix A State Environmental Duality Review FULL ENVIRONMENTAL ASSESSMENT FORM � tirpose: The full FAF is designed In help applicants and agencies determine, in an orderly manner, whether a project nr actinn may be significant. The rtuestinn of whether an action may be, rignifirant is not always easy to answer. Frequent ly, there, are aspects of a project that are subjective or unrne.asureable. It Is also understood that thosr who drterntlne significance may have little o,r no formal knowledge of the environment or may he technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full FAF is intended to provide a method whereby applicants and agencies can be assured that the. determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full FAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to he considered small to moderate or whether it is a potentially - large impact. The form atso identifies whether an impact can be mitigated or reduced. Parf 3: If any impact in fart 2 is identified as potentially - large, then f art 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE— Type 1 and Unlisted Actions Identify the Portions of FAr completed for this project: tv Part 1 (1 Part 2 LIPirt 3 Upon review of the information recorded on this FAF (Parts 1 and 2 and 3 if appropriate), and any other supporting in(onnation, and considering both the magitucle and importance of each impact, It is reasonably determined by the lead agency that: U A. The project will not result in any large. and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. (:l B, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared." fa C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions 0Sh averialI raq( yQ ro( Name. of Action Name of Lead Agency Print or Type Name of Responsible (*er in Lead Agency T itle of Responsib e Officer Signature of Responsible Officer in Lead Agency Signat e of Preparer(I different from responsible officer) t. e PART 1— PROJECT INFORMATION Prepared by Project Sponsor N0 f ICI-: l his cioniment is dr.signecl to assist in determining whether the action proposed may have a significant effect on the enviinnrnent. Please complete the entire form, farts A Through E. Answers to these questions will he r-onsideter' as hart of the application for approval and may be. subject to further verification and public review. Provide any additions information you believe will be needed to complete I arts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involvo new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spvcify each instance. NAME OF ACTION-------- - - - - -- -- - - - - - -- materials storage yard LOCATION OF ACTION (Include Street Address, Municipality and County) 5 Freese Road, Town of Dryden, Tompkins County NAME OF APPLICANTISPONSOR BUSINESS TFI_EPHONE _ Martin L. Ottenschot (607) 533 -7853 ADnnEss 17 Ridge Road, P.O. Box I CITYIPO — STATE Zlr CODE Lansin NY 14882 NAME of OWNF..n (if different) BUSINESS EEt_FPNONE same � � -- � --- -- - -- - - - - -- - ADDRESS same cIIYIPO 9IAIF 7 IP COnF DFSCrtIF119N OF ACTION --- - - - - -- - - -- - -- - - - - -- storage yard, land filling for road construction materials Please complete Each Question- Indicate N.A. if not applicable A. Site Description Physical setting of overall project, hoth developed and undeveloped areas. t. Present land use: F -Wrhnn f llndustrial M0111111ercial f ]Residential (suhurhan) I. ]Rural (non farm) F.Worest I-lAgricultrlre Clother -- ---------------------------- _---- _.._.. 2 total acreage of project area: 2.4 acres. APPROXIMATE ACREAGE PRESENTLY AFTFR CONWI-F f ION Meadow or Brushland (Nor) ;IRricultural) - -_ 2.0 acres —_ _1.0 ...— acres mw;fed acres ARrir ultural (Includes orchards, cropland, pasture, etc.) ------ _._ -- -- acres — ..---------- _--- ... -._ -- scree Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) _ acres ._ acres Water Surface Area _ _ acres ---- -- -. - -__._ arms (InveRetaled (Rock, earth or.fill) — 94 + _ acres _- 1.4 ± - acres Roads, buildings and other paved surfaces _ acres actes Other (Indicate type)__ - -__— __. —_ --- - - -_— acres - --- --- .- -- ---_ -_ ._ serf's 3. What is predominant soil type(s) on project site? a. Soil drainage: ❑Well drained — __ —___ °o of site [Moderately well drained —_ % of site ❑Poorly drained % of site b. If any agricultural land is involved, bow many acres of soil are classified within soil group 1 through 4 of the NYC Land Classification System? acres. (See 1 .NYCRR 370). • 4. Are there bedrock outcroppings on project site? C_lYesNo a ,What is depth to bedrock? — __unknown (in feet) 'fi � J 5. Approximate percentage of proposed project site with slopes: Pot)-10% 95 °f, 1 110 -15°0 - -.__ °' _ —.. ,o • IXI1 5`:'o or greater - -- 5 - -- °iu 0. IS project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Ilisto,ic Places? C7Yes UN 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? L_IYes Flo It. What is the depth of the water table? unknown(in feet) 9. Is site located over a primary, principal, or sole source aquifer? C1Yes XANo 10. Oo hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes Flo II Does project site contain any species of plant or animal life that is identified as threatened or endangered? l .l Y e s XXN o According to _..---------- -___ -- __ — -- - -- - -- Identify each species ----- - - - - -- -- - - -- — — - - - - - -- - - 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) 1.1Yes XXNo Describe —_.__— -- — —_ -- — - - - - -- - - - -- -13. Is the project site presently used by the conlnlunity or neighborhood as an open space or recreation !area? f ]Yes XXNo If yes, explain — -- -- 1.1 Does the [)res(nt site include scenic views known to be important to the community? I.)Yes X:kNo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within Or contiguous to project area: a. Name none —_ Fall Creek b. Size (In acres) 17. Is the site served by existing public utilities? Yes ONo a) If Yes, does sufficient capacity exist to allow connection? nYes []No b) If Yes, will improvements be necessary to allow connection? C)Yes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes YNNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECI., and 6 NYCRR 617? C7Yes DW10 20. Has the site ever been used for the disposal of solid or hazardOUS wastes? Oyes Mo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 2.4 acres. b. Project acreage to be developed: —2.4 — acres initially; 2.4. acres ultimately. c. Project acreage to remain undeveloped n/a _ acres. d. length of project, in miles: n/a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a °io; f. Number of off- street parking spaces existing 0 proposed 0 g. Maximum vehicular trips generated per hour 1 ± _.— (upon completion of project)? h. If residential: Number and type of housing units: n/a One Family Two Family Multiple Family Condominium Initially --- - - - - -- -- - - - - -- - - -- — Ultimately ---------- _.__- -.. - -_ — — i. I)inntnsions (in feet) of largest proposed structure n /a— height; _ width; j 1 inear feet of frontage along a public thoroughfare project will occupy is? __400 ft. 3 length. 2. flow much natural material (i.e . lock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? ❑Yes ❑No )ON /A is a. If yes, for what intend , purpose is the site being reclaimed? h. Will topsoil br% stockpiled for reclamation? ClYes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ❑No J tons /cubic yards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? [.1Yes XXNo 6. If single phase project: Anticipated period of construction n/a months, (including demolition). ~' 7. If multi- phased: n/a a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? C)Yes NNNo 9. Number of jobs generated: during construction n/a after project is complete n/a 10. Number of jobs eliminated by this project n/a 11. Will project require relocation of any projects or facilities? OYes )Dqqo If yes, explain 12 Is surface liquid waste disposal involved? ❑Yes )PINo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged •13. Is subsurface liquid waste disposal involved? Oyes UN Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes XMNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes XMNo 16. Will the project generate solid waste? ❑Yes MNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes . IF V.r 17. Will the project involve the disposal of solid waste? a. If yes, .what is the anticipated rate of disposal? - b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? ❑Yes Dyes )M- No tons /month. _ years. XANo 19. Will project routinely produce odors (more than one hour per day)? ❑Yes YONo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes XKINo 21 22 • 23 Will project result in an increase in energy use? ❑Yes ALNNo If yes , indicate type(s) If water supply is from wells, indicate pumping capacity n/a gallons /minute. Total anticipated water usage per day n/a gallons /day. 24. Does project involve Local, State or Federal funding? If Yes, explain _ El OYes MNo IJNo 25. Approvals Required: Submittal Tyne Dale •City, Town, Village 13oarcf LIYes C.INo Cily , Trn�n, �'illa[;e I'lannuig I�o,�rd IlYes 0 N City, town Zoning Board I IYes ONo _ Cily, County Health Oepartnient L.)Yes []No Other Local Agencies 1JYes LINO Other Regional Agencies LIYes LINO State Agencies (IYes ONo Federal Agencies ❑Yes ❑No C I. 2 Zoning and Planning Information Does proposed action involve a planning or zoning decision? MYes L.)No If Yes, Indicate decision required: L]zoning amendment L_)zoning variance especial use permit ❑subdivision ❑site plan L.Inew /revision of master plan [.]resource management plan LJother _ What is the zoning classification(s)of the site? — RC What is the maximum potential development of the site if developed as permitted by the present zoning? commercial 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? • commercial 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? XMYes f. INo 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? commercial, residential, agricultural 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/, mile? X]Yes L]No 9. If the proposed action is the subdivision of land, how many lots are proposed? n/a _ a. What is the rninimum lot size proposed? lo. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes )PfNo 1'I Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? OYes MNo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? LIYes kilo a. If yes, Is the existing road network adequate to handle the additional traffic? Mes [.]No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any a.lverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid 111('111. E. Verification •1 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Martin L. Ottenschot Date 1/13Z98 title owner — -- ._ -.- If the action is in the Coastal Area, and you are a slate agency, complete the Coastal Assessment form before proceeding with this assessment. 5 H LOT if �► Lof HUI `t m I ,, __r Ca2n:F�..� \)11tVtR �T. cV � -- DEe� TREES lP Sws►�P EDGE � ��,UFFE�i ZONE f/L L D /RT P,D1Qc4EL TO 13E CONvlFYED s , RE!''Si•11 N IN Cs Lf= -N D S off' BOSSAG1� � �,�, �:'` \�� / r'v r-2. Is to' t 2,4 RC2E< Coro FJ A F .% /`'7G i� � .S V /Z'l� 1• Q. y r.' ^ =. _;Q;- S. P. 1/ i� L E � J 2. / .l ', l� // +1 r L/ / /(> Ji<'.'c rcr:� NY - -` L/CE•� /S 4r Al; 0 Q97c9 -/ �i GA 1Ti �RQ i 41G Ir F J I l�xisfi n jcf)'Pri �� -,csfi n I 6N Sac /1 to es,, /I di ca c lsd cr /ohq Xlorf eVsf 07f O" 6D C/,clolct rc* x,)o %z` show Aj 1VoNe of e xi r j'n Cazjear� 45 euer reena Ve e7Sa' K1 on 06 n s /17 s d�- /1'14 cf4�i foy . A P aIr .s uR PE )l PAR ar To 8E _ OF 4 AI D 01V VEYF D BY E L V/ /3/9 T 13 O S_ 5 / C ff To L.0TrZ1YSCH0T DRYOER/ rgE =G� roMPk.ihfS coo*rry NEW YORK. 5 3u�� �� 087 I 770/Je or OJ 4 J164�7 ba rric r. J 1 e Ye. y- d e4a; ( or- O r a 1 rna.b •e TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT In the Heart of the Finger Lakes Region Date: January •r , TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT In the Heart of the Finger Lakes Region Date: January 21st, 1998 To: Whom it May Concern: You are hereby NOTIFIED of a PUBLIC HEARING to be held by the Dryden Town Board at the Dryden Town Hall, 65 East Main Street, Dryden, New York on TUESDAY, FEBRUARY 10TH, 1998 at 7:30 P.M. prevailing time to consider the application from Martin L. Ottenschot, of. •17 Ridge Road, Lansing, New York, who is requesting a Special Permit to establish a material storage yard at 5 Freese Road, Ithaca, NY. The site being within a RC Zoning District, such uses are permitted by Special Permit Approval, ALL PARTIES in int at the time of the agent. If you shoo information, pleas between the hours Very truly yours, %V a d&& Henry M. Slater, Town of Dryden 65 E. Main Street Dryden, New York erest heari ld hav e feel of 8:0 will be giv ng. Persons e any quest free to ca 0 A. M. and Zoning Officer 13053 en an opportunity to be heard may appear in person or by ions or desire further 11 this office at 607- 844 -9120 1:O0 P.M. Monday - Friday. cc: All Property Owners, within 500' of Project Property All Dryden Town Mahlon R. Perkin �p ambi Hollenbeck Michael Barylski Mariette Geldenh Bo S, uy and Members Dryden Town Attorney Dryden Town Clerk NYS DEC Region 71 Cortland, NY s, Agent for Applicant • TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT Ithaca Journal News 123 W. State Street Ithaca, New York In the Heart of the Finger Lakes Region Attn: Darlene Folnsbee, Legal Ads PLEASE TAKE will hold a L. Ottensch to establis New York, w NOTICE that Public Heari of of 17 Ridg h a material ithin the Tow the Town Board of the Town of Dryden ng to consider the application of Martin e Road, Lansing, NY for a Special Permit storage yard at 5 Freese Road, Ithaca, n of Dryden. SAID HEARING will be held on 7 :30 P.M. prevailing time at Street, Dryden, New York at will be given an opportunity in person or by agent. TUESDAY, FEBRUARY 10th, 1998 at the Dryden Town Hall, 65 E. Main which time all interested persons to be heard. Persons may appear Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 844 -9120 or 844 -8619 at least 48 hours prior to the time of the public hearing. DATED: January 20, 1998 ���2 %7ritt' %;1.4J� -�� Henry M. Slater Zoning Officer Town of Dryden cc: James Schug, Dryden Town Supervisor All Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors The Tompkins County Planning Department Bambi Hollenbeck, Dryden Town Clerk y�. l� u ). TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT January G9th, 1998 James Schug, Dryden 651 East Main Street Dryden, NY 1.? iU:5 In the Heart of the Finger Lakes Region Town Supervisor Re: Ottenschot Special Permit Request, DOT Response Dear Jima Please find enclosed a co office by Gordon J. Reime County, As you'll recall send a copy of the Ottens related documents to Gord py 1 s, e cho on of a r Pm E- , arlier t Spec Reimel espouse NYS DO this m ial Per s and t submi T Cart onth, mit Ap o Rand t 1 y p y ted and 0 lie R to ask at i k e r th1S Tompkins ed me to on and As you'll observe, Gordon has outlined three specific requirements for any site work which would involve DOT easement areas or affect culverts. I have also 'reviewed the Otten=_•chot project with Dryden Town Deputy Highway Superintendent who indicates; the Town Highway issues are well defined and any proposed corrections should be reviewed by Miller Engineering for approval.. I believe these requests should become Special Permit approval conditions if the Board should desire to approve this request. I have not received any response from either NYS DEC or the Tompkins County Planning Department. Very truly yours, 24xr7ev I)lt 4& Henry M. Slater Zoning & Building Code Enforcement Officer cc: Randy Riker, Deputy Highway Superintendent Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors Bambi Hollenbeck, Town Clerk is Project Applicant Agent, Mariette Geldenhuys County Planning Dept. Mike Barylski, NYS DEC u CHARLES E. MOYNIHAN, P.E. REGIONAL DIRECTOR January 27, 1998 CA Ci1.510V• STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 3668 NYS Route 281 Cortland, NY 13045 -8823 Tele: 607 - 756 -7072 Fax: 607 - 756 -4128 Mr. Henry M. Slater, Zone & Building Code Enforcement Officer Town of Dryden 65 East Main Street Dryden, NY 13053 JOSEPH H. BOARDMAN COMMISSIONER Re: Martin Ottenschot, Materials Storage Yard, Special Permit Request Dear Henry, I have reviewed Martin Ottenschot's Special Permit Request for a materials storage yard at the corner of New York State Route 366 and Freeze Road and have the following comments: 1) The Department of Transportation (DOT) would require a Highway Work Permit for any work within the Department's right of way. 2) For any connection to the culvert under Route 366 the landowner would have to provide the DOT with drawings and an hydraulic analysis of the proposed connection and extension. 3) It is the DOT position that the adjacent landowner is responsible for the containment and/or rerouting of the outflow of the culvert under Route 366. Any questions call me at 607- 756 -7072. i Henry M. Slater January 27, 1998 Page 2 Very truly yours, CHARLES E. MOYNIHAN, P.E. Regional Director of Transportation Region 3 by REIMELS, P.E. Resident Engineer Cortland/Tompkins County cc: Rte. 366 or TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 ZONING & BUILDING CODE ENFORCEMENT February 4th, 1998 James Schug, Dryden E5 East Main Street Dryden, NY 13053 Re: Tompkins Special Dear Jim: In the Heart of the Finger Lakes Re( ion Town Supervisor County believe, R. Perkins, Planning with Dept. 1239 L &M Response to Ottenschot Permit Dave DEC Request this will conclude the other agency Please find attached a copy of the Tompkins County Planning Dept. 2'39 L &M Review and Recommendations for a proposed materials storage yard. The site is 5 Freese Road and the Special Permit is requested by Martin L. Ottenschot. As you observe, County Planning has concerns about screening, dust control, visual quality, hamlet image and sedimentation getting into Fall Creek. Generally, the Planning Department indicates the Town has their approval to act as it see's fit. Having not heard any response from NYS DEC, I called DEC Region 7 in Cortland, inquiring of their position on the Ottenschot application. I was advised, "a review is underway ". DEC will, by 2/9/98, provide their requirements to limit or control sedimentation into Fall Creek as well as any other recommendations they may have. I believe, R. Perkins, Dryden with Attorney the Dave DEC response, this will conclude the other agency Engineers responses Surveyors Bambi to this project. Clerk Very truly yours, % Wof Henry M. Slater Zoning & Building Code Enforcement Officer cc: Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors Bambi Hollenbeck, Dryden Town Clerk Project Applicant Agent, Mariette Geldenhuys Mike Barylski, NYS DEC ib J Tompkins County DEPARTMENT .OF PLANNING 121 East Court Street Ithaca, New York 14850 James W. Hanson, Jr. Commissioner of Planning Mr. Henry Slater Zoning Officer Town of Dryden 65 East Main Street Dryden, NY 13053 RECEIVED FEB "I -1997 ZONING & BUILDING DEPT. "relephone (607) 274 -5560 FAX (607) 274.5578 February 3, 1998 Re: Zoning Review Pursuant to 5239 -1 and -m of the New York State General Municipal Law Action: Special Permit, Ottenschot Storage Yard, 5 Freese Road, Tax Parcel Number 53 -1 -3.4 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 5239 -1 and -m of the New York State General Municipal Law. The Planning Department agrees with your recommendations regarding drainage, buffering and dust control on the site. Buffering would enhance the visual quality of the area and perhaps help alleviate the dust problem. Members of the Varna community have expressed interest in the revitalization of the hamlet center. The site on Freese Road is a prominent one and highly visible when entering the hamlet from the east along Route 366. The condition of this site influences peeYle's perceptions about the conum2nity. In addition, the Department is concerned about the control of sedimentation. We suggest that the layout of the storage yard be designed to minimize sedimentation into Fall Creek. The asphalt is of particular concern, since it contains petroleum products. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Ib W.1 Recvcled paper Page 2 Slater /Ottenschot Storage Yard Please inform us of your decision so that we can make it a part of the record. Sincerely, James W. Hanson, Jr. Commissioner of Planning New York State Department of Environmental Conservation Region 7. Division of Environmental Permits 1285 Fisher Avenue ,Cortland, NY 13045 -1090 (607)753 -3095 Ext. 233 FAX (607)753 -8532 February 10, 1998 Mr. Henry Slater Zoning Officer Town of Dryden 65 East Main Street Dryden, NY 13053 RE: Materials Storage Yard, Martin L. Ottenschott Town of Dryden, Tompkins County Dear Mr. Slater: John P. Cahill Commissioner Thank you for your letter of January 20, 1998 regarding the above - referenced project. A review of the project confirmed that the Department has no direct jurisdiction under its Stream Protection provisions. However, the proxirnity of the site, in relation to Fall Creek (an important •fishery resource), does raise concerris for stormwarer runoff and sediments that may leave the site. Reasonable measures should be taken to contain silts or sediments on site. Mr. Ottenschott's proposal is to store "gravel and other excavated road and pavement materials, such as broken concrete and asphalt concrete to be recycled". Part 360 regulates C &D waste. However, 360- 7.1(b)(1)(I) exempts "A site at w1 ich only the following C &D debris is placed: recognizable uncontaminated concrete and concrete products, asphalt pavement. brick, glass, soil and rock" . The submittal was a little vague but appears to suggest only exempt material will be stored. If this is not the case, please advise. If you have any questions, please feel free to call. Thank you for the opportunity to continent. Sincerely, Micltiael K. Barylski Deputy Regional Permit Administrator mkb /jwc �- :. TOWN OF DRYDEN ® DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 ZONING & BUILDING CODE ENFORCEMENT February 10th, 1998 In the Heart of the Finger Lakes Regior7 James Schug, Dryden Town Supervisor 65 East Main Street Dryden, New York 1305,3 Re: Memo of Concern, Ottenschot Material Yard, Freese Road Dear Jim: Please find attached, a copy of a FAX memo which I received from Jerry Dietz, property manager, Wayside Trailer Park at 10 Freese Road, Town of Dryden. the As been you will identified observe, by Mr. myself Dietz and echoes County the Planning concerns in our which have analysis of the Martin L. Ottenschot Special Permit request to establish a materials storage yard at 5 Freese Road, Ithaca, New York. In a phone conversation on February 9th, 1998, that this memo be read into the record at the Martin L. Ottenschot Special Permit Hearing on February 10th, 1998. Very truly yours, � Henry M. Slater Zoning & Building Code Enforcement Officer Mr. Dietz asks time of the Tuesday, cc: Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers & Surveyors Bambi Hollenbeck, Dryden Town Clerk FEE -qty -1 tiff;_, 12':48 _ . _ . F' . t'1AH 1! PH EH' M IV 1 • - 11 1 Peal Estate Management, Sales & Development Supervisor James Shug Town of Dryden Dryden, NY 13503 Dear Mr. Shug: r7 ? 108 'West Buffalo Street, Ithaca NY 14850 February 9, 1998 I am writing as the agent/property manager for the owner of the property at 10 Freese Rd.(d.b.a. Wayside Trailer Park) concerning the permit application of Martin L. Ottenschot to operate a materials storage yard at the two acre parcel directly across Freese Rd. From the park. We have managed the park for three years and during that time have had various complaints from the residents concerning Mr. Ottenschot 7s use of this property. Noise from large trucks coming and going from the site, the mess on Freese Rd. From this ongoing activity (particularly in the summer months) and the general unsightly appearance of the site itself have all negatively impacted the quality • of life for our residents. We are concerned about the environmental impact this use of the site has on adjacent property. The random dumping of piles of materials combined with the scalping of the land by heavy machinery has adversely affected drainage patterns at this site and has caused flooding to occur at surrounding home sites. Additionally, the fact that Mr. Ottenschot evidently has operated this site for several years illegally (i.e. without a special use permit) without any regard for his obligations under town law to obtain this permit should weigh heavily against his now gaining approval. The owner 1 represent is very concerned about the affect this operation will have on the value of his property. Real estate values have fallen markedly since the time this owner purchased the property due to factors beyond his control. Re feels that the Town of Varna, while small, is a pleasant residential and light commercial center. Due to its proxinuty to Cornell it maintains an identity as a desirable area to live in. Allowing the operation of a materials storage yard at this site is clearly inconsistent with the needs of the Varna community. It is understood that the proposed (continued) use of die site is allowable by obtaining the requisite special permit. However in acting on this permit application my client would strongly urge you and the members of the Dryden town board to consider not only the historical evidence of disregard for the law by the applicant but the better good and bests Interests of Varna and its residents and deny this request. 0 Siincerely, `rY Dietz - �_nA "7 �7 F.mail: Irhacarent(dAOL.cum i FEE -qty -1 tiff;_, 12':48 _ . _ . F' . t'1AH 1! PH EH' M IV 1 • - 11 1 Peal Estate Management, Sales & Development Supervisor James Shug Town of Dryden Dryden, NY 13503 Dear Mr. Shug: r7 ? 108 'West Buffalo Street, Ithaca NY 14850 February 9, 1998 I am writing as the agent/property manager for the owner of the property at 10 Freese Rd.(d.b.a. Wayside Trailer Park) concerning the permit application of Martin L. Ottenschot to operate a materials storage yard at the two acre parcel directly across Freese Rd. From the park. We have managed the park for three years and during that time have had various complaints from the residents concerning Mr. Ottenschot 7s use of this property. Noise from large trucks coming and going from the site, the mess on Freese Rd. From this ongoing activity (particularly in the summer months) and the general unsightly appearance of the site itself have all negatively impacted the quality • of life for our residents. We are concerned about the environmental impact this use of the site has on adjacent property. The random dumping of piles of materials combined with the scalping of the land by heavy machinery has adversely affected drainage patterns at this site and has caused flooding to occur at surrounding home sites. Additionally, the fact that Mr. Ottenschot evidently has operated this site for several years illegally (i.e. without a special use permit) without any regard for his obligations under town law to obtain this permit should weigh heavily against his now gaining approval. The owner 1 represent is very concerned about the affect this operation will have on the value of his property. Real estate values have fallen markedly since the time this owner purchased the property due to factors beyond his control. Re feels that the Town of Varna, while small, is a pleasant residential and light commercial center. Due to its proxinuty to Cornell it maintains an identity as a desirable area to live in. Allowing the operation of a materials storage yard at this site is clearly inconsistent with the needs of the Varna community. It is understood that the proposed (continued) use of die site is allowable by obtaining the requisite special permit. However in acting on this permit application my client would strongly urge you and the members of the Dryden town board to consider not only the historical evidence of disregard for the law by the applicant but the better good and bests Interests of Varna and its residents and deny this request. 0 Siincerely, `rY Dietz - �_nA "7 �7 F.mail: Irhacarent(dAOL.cum To the Town Board of Dryden . 65 East Main St. Dryden, NY 13053 We the undersigned oppose granting to Martin L. Ottenschot a Special Permit to establish a material storage yard at 5 Freese Rd, Ithaca, NY. Name Address 10 n i et/. a _.• - f�L+'I ee I J ( CU/Cw'- I am Margaret Darchangelo and I have lived at 10 • Freese Rd. in Varna, in the town of Dryden since 1964. The front end of my home is located approximately 48 feet from the center of Freese Rd. and directly across from the access road to 5 Freese Rd. which is owned and operated as a storage yard by Marty Ottenschot /Cortland Paving Co. The property at 5 Freese Rd. is approximately 3 acres. It was a "Mini" Wetland complete with cattails and skunk cabbage, peepers and bullfrogs, birds and small animals. It was purchased by Mr. Ottenschot in 1987. The previous owner- Elvira Bossack gave permission for the use of her driveway at 9 Freese Rd. for access to 5 Freese Rd. with the provision that Mr. Ottenschot would maintain the driveway. The back 1/2 of the property was filled with huge chunks of cement and concrete, leftover blacktop, dirt, gravel, rocks and etc. Before proceeding to fill in the front 1/2 of the property many many truck loads of "bottom land / muck" were removed. The "mini" Wetland has been destroyed. In the beginning when we observed the activities going on at the property across the road and were subjected to the noise and dirt of trucks and other equipment coming and going at various times during the day, we didn't think we had any recourse; that we would have to accept and suffer what was happening or move. (This was not an option then and is not an option now!) In June 1992, we happened to observe a dump truck, not a Cortland Paving truck, dumping material on the site. We noted the name on the truck, as well as the license and notified Mr. Ottenschot. He came to my home with a letter of appreciation and offered a check, which I did not accept. I told him, however, I would greatly appreciate it if he would do whatever was necessary to • kee p down the dust as it drifted right across the road and on to my home and yard. He seemed very agreeable at that time and even watered the driveway once or twice. That did not last long and conditions got progressively worse: On July 20 & 21, 1993 starting at 7AM, 3 or 4 dump trucks were coming and going all day long, transporting dirt and gravel that had been dredged from Fall Creek across from the Cornell Arboretum on Forest Home Drive. The trucks were dumping and a caterpillar was piling. The noise, exhaust fumes and black smoke from the trucks, as well as from the heavy equipment is unbearable and constant. The dust is constant: when it is dry, from the trucks in the driveway and property, and when it is wet the trucks track mud onto Freese Rd. and when it dries every passing vehicle kicks up a cloud of dust. This dust covers our plants, home, windows, patio furniture and even seeps inside leaving a layer of grit on the dining room table and kitchen counters. The view from the window is now mountains of dredged material, dirt, concrete chunks and mounds of blacktop. I believe it was at this point in time when I first brought this situation to the attention of the Town of Dryden Officials. My contact was primarily with the Zoning Officer, Mr. Slater, who was very patient, understanding and sympathetic. I also made several trips to the Town Hall and spoke to the Supervisor, Mr. Schug, who was . sympathetic but could offer little assurance that anything could or would be done. I was told it had to go through legal channels. I understood that and commenced to gather dates of observed • activities to assist with this process. 2 In Sept., 1994 the activity observed was the removal of the material dredged from the creek. A few days later the latest material dredged from the creek was hauled in. This activity continued in 1995 along with the continued dumping of concrete, dirt and unused blacktop. On Sat., July 27, 1996 20 loads of dredged material were hauled in. The sheer volume and weight of the material dumped here has raised the ground level as much as 5 - 10 feet and altered the water table. On Aug. 5,1996 a pre - existing drainage ditch and sluice pipe were filled in creating excessive run -off and constant flooding at 9 and 13 Freese Rd. and even in the driest part of summer the yard at 9 Freese Rd. is so wet they can not mow the lawn. This run off combined with the constant pounding by heavy truck traffic has also ruined the driveway at 9 Freese Rd. On Sat., Aug. 10, 1996 35 loads dredged from the creek were hauled in. In desperation, on Aug. 19, 1996, I spoke with Assemblyman, Marty Luster and asked if he could help. He agreed to meet with me and Tom Bossack of 9 Freese Rd. at the site along with someone from the DEC on Aug. 26. Mr. Luster said it was indeed a bad situation and would do what he could to help. He sent a letter to Ottenschot and the Town Board but received no response and suggested that the people in the neighborhood are the best force of pressure to be applied to the Town as it is their responsibility to respond to the local constituency. This property has been used illegally for years and to date nothing has been done and Mr. Ottenschot has NEVER been in court. This property at 5 Freese Rd. is also an "ATTRACTIVE NUISANCE" with kids from the neighborhood using it as a playground and a great obstacle course for bike riding. 3 vn days when there was a lot of activity I couldn't stay in my home because of the noise and dirt - could not leave the doors and windows open or sit out on my patio even though it was warm and wonderful outside. Many days I left my home and came back late in the afternoon when I thought the activity would have ceased. This went on sometimes for several days in a row. I gave up trying to keep up with the dirt and grime inside and out -- had to wash off the patio furniture every time you wanted to use it and also had to get my home spray washed every year at a cost of $200 4300. I only remain at my present location because this is my retirement home. Access to this property should not be allowed via a road with a posted weight limit of S tons, and this type of operation should not be permitted so close to family homes! I respectfully ask the board NOT to issue the permit requested and I strongly urge that each of you go by the property and take a good look at how it has already affected everything around it. • My name is Carol Hoff and I fully concur with all of the statements presented by Marge Darchangelo. In addition, I would like to emphasize the fact that Freese Rd. is a fairly narrow Town road with a posted weight limit of 5 Tons. The driveway used to access the property at 5 Freese Rd. is relatively close to the Freese Rd. intersection with NYS Rte 366. There were several near misses as trucks tried to pull onto Freese Rd. just as traffic was coming around the corner off of Rte. 366. Freese Rd. is a heavily traveled road and most of the time there were no cones or other signs to alert thru traffic of a possible hazard. The trucks would also have to swing wide or cut short as they were coming and going causing damage to the edges and shoulders of Freese Rd. Also whenever Heavy Equipment was brought in or removed the transporter would have to back in and then jockey to get out. This transporter has hit a road sign and on several occasions has almost gone into the ditch and damaged the shoulders. At times 5 Freese Rd. was already so full of material that trucks coming to dump ,�'' had to back in off Freese Rd. because there was no roo m/ '` to turn around. I also believe that the activity on and around 5 Freese Rd. has already depreciated property values and lowered the quality of life in the neighborhood. I have resided at 10 Freese Road since 1964. I chose to live there because it was a quiet friendly neighborhood, was close to my employment, was convenient to shopping and yet had a feel of country • with my own wildlife preserve right outside my kitchen window. I would already have moved but unfortunately 1 � G n 1995 I was forced to take early retirement and can • not afford to move. My only hope for a healthy, peaceful, quiet and sane retirement lies in your hands. Whatever your decision in this matter might be, it should require Mr. Ottenschot to rectify the damage already done to the adjoining properties and it should guarantee that the neighbors and neighborhood no longer have to endure the effects of the irresponsible and illegal actions of Mr. Ottenschot. If a permit is issued - At the very least: The property MUST have access only from Route 366. A security fence MUST be installed. 0 A noise and dust buffer strip MUST be installed. Work will only be allowed between the hours of 8:00 AM and 5:00 PM on Monday through Friday. Cal Steve Phelan,2/9/98 1e58 1 1 lo Status: U X- Authentication - Warning: fox.rollins.edu .Date: Mon, 09 Feb 1998 08:58:07 -0500 From: Steve Phelan <phelan @Rollins.Edu> Subject: bad lot To: Kim Klein <kmk22 @cornell.edu> Reply -to: phelan @Rollins.Edu Organization: Rollins College MIME- version: 1.0 Hi Kim, We went to s e white one who wa sca e eyes i ever s17 but j need a paran d cat, bu she warms in a house azaleas `contemplate, Goldfinch are here on t Bio test #1 on Host[10.46.1.40] didn't use HELO protocol cats yesterday and A d out of her mind. annie is afraid she \hei thought we coul her own, with porch and t full of bi ies going to t way to I aca, adult red- orange and largest orange roject. We don't loan and see if thousand 1 not do well, but i am lbyink the course. Jean asked me to send A\letter about the lot on the corner. So here it 2/9/98 To whom it may concern: As owners of the home at 14 Freese Rd. we would like to object strenously to the modification of the zoning for the corner lot, 5 • Freese Rd., which is proposed. Our road is primarily residential now and having an expanded storage facility up there will substantially change the quality of the neighborhood. Even up on Route 366 where there are some commercial establishments, the town of Varna will be adversely affected. The increased danger of more trucks pulling in and out on Freese Rd. close to the treacherous and steep corner will pose an additional safety hazard for local residents and their children. Storage lots for construction companies should be locating in more open, non - residential areas of which our county has plenty. Sincerely yours, Steve and Jean Phelan 14 Freese Rd. Ithaca, N.Y. Printed for kmk22 @cornell.edu (Kim Klein) 1 To: Board; Town of Dryden. From: Chris Carroll, 97 Freese Rd Re: Materials Storage Area at foot of Freese Rd. • 1 have resided at the above address for approximately 20 years, during which time the area in question has always been, until recently, a peaceful, bucolic place. During the last several years, I have watched this area change into an unsightly, noisy, dirty construction "field." We, the people of Varna and surrounding areas have worked long and hard to make this area a pleasurable place in which to live and raise our children. The increased traffic of heavy machinery, noise, air pollution and general unattractiveness of this area have had a neagative impact on both those of us who reside here, and those who might otherwise consider moving to this less than bucolic (now) setting. I urge to Board not to graht a permit for Mr. Ottenschot at this time. /0 0 ( LIOL MARYLAND INSTITUTE TEL No.410 -669 -9206 Fern 10.98 9:18 No .002 P.02 I • 1 9 February 1998 IIenry M. Slater, Zoning Officer Town of Dryden 65 E. Main Street Dryden, New York 13053 Dear Mr, Slater; 1 am unable to attend the Public Hearing on February Toth. I would, however, like to register my concern about the proposed Special Permit for a "material storage yard" as requested by Martin Ottenschot. For many years I have been worried about what was happening at #5 Freese Road. 1 completely oppose the Town of Dryden `s granting of a Special Permit tinder any conditions. This would be an inappropriate use for the land in a primarily residential and agricultural area, We would not want any increase in traffic on Freese Rd. Thank you for holding a public hearing. And thank you for reading my letter and hearing my concerns. Sincerely, Laurie S. Snyder 36 Freese Rd, Ithaca, N.Y. 14850 pA a t f r , -IV_ cv v 4`4 YA