HomeMy WebLinkAbout1999-11-03 1
TOWN OF DRYDEN ZONING BOARD OF APPEALS
November 3 , 1999
AGENDA: ( 1 ) Janice Vestal - Area Variance
(2) Foundation of Light - Area Variance
(3) Richard Preston - Area Variance
(4) Lakeview Golf Course - Use Variance
MEMBERS PRESENT : Chairperson Charles Hanley, Stuart Berg , Ann Everett, Nick
LaMotte, and Rita Harris.
ALSO PRESENT: Janice Vestal, Robert Martin , Esther Gowan, Deb Grantham,
Mahlon Perkins,
LEGAL COUNSEL: Randall Marcus
(4) Lakeview Golf Course
Chair Hanley re-opened the application of the Lakeview Golf Course of 430 Lake Road , Dryden. He
went on to read through the new additions to the file . A memorandum from Peter D . Novelli Consulting
Engineer 203 N . Aurora Street , Ithaca , dated October 21 , 1999 to Robert Martin of Lakeview Golf Club.
(Please see attached memorandum) . A letter from the IJ Construction Company of 934 East Shore
Drive, Ithaca dated October 11 , 1999 to Chuck Hanley. (Please see attached letter) . A letter from David
T. Smith , Phyllis Smith , and Kenneth Smith 15 Bridle Lane , Dryden , dated October 4 , 1999 to Whom it
may concern . (Please see attached letter) . He then opened the floor to the public.
R . MARTIN : I am the owner of Lakeview Golf Club at 430 Lake Road . They
explained to me also that this is just the expense of getting to the land.
There is also the entire expense of development . If you got to the land -
the way they explained it to me - you have to put a road so that the
houses could have a road to get in and out, and utilities which would
take up another three acres, which would leave three acres to put on
maybe two houses if you're lucky. So basically it comes out to zero
value for housing . That is the way it was explained to me.
ATTORNEY MARCUS : Who gave you that estimate?
R. MARTIN : Ivar Johnson . He is a big contractor/land developer.
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S . BERG : That was one of the statements.
ATTORNEY MARCUS : I just wanted the record to show who he got that additional Information
from.
CHAIR HANLEY: Does anyone else want to add anything?
MAHLON PERKINS: 477 Lake Road . My wife and I live right across from the existing first
hole . We don't have any problem at all with the proposed use of this
additional land . We think that an 18-hole golf course would be an asset.
However, we do have some other environmental concerns that we hope
the Zoning Board of Appeals would address in its deliberations and let
me tell you why . This is really the disturbance of a large piece of land .
There are 28 or 28 acres there and at some point or another during
construction all of that land is going to be tilled or disturbed or dug or
seeded or whatever. As I understand it there isn't another forum where
there is going to be any environmental review of this project at all . Given
• the topography of this land - and it's all slopping there is just no level
part on this additional land - there are legitimate drainage and erosion
concerns that we have . What concerns me is that a large amount of
earthwork and drainage has already been under taken without any
permit, without any environmental review of this project at all . As far as
can tell without any detailed plans at all other than a sketch . It seems to
me that what the owner has said is 4*om did this to see if the drainage
would work. " That seems to me to have the result before the plan .
Because if it doesn't work -and I don't know whether it has worked or not
- you have damage which has already been done . I don't think this kind
of planning and this kind of approach to a project of this scope - which
admittedly is going to have to be several hundred thousand dollars to
accomplish the construction of another 9 holes - is the way we ought to
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encourage the development in the Town . So what I would like to see the
ZBA do is to take a hard look at the environmental issues that go with
this project . I think those , quickly, are erosion control during and
following construction , you have a very valuable community resource
that all this land drains to, and that is the lake. There are significant wet
lands both within and adjacent to this property that is being developed
and as far as I can tell there has been no salvation control used at all to
protect those wet lands from the work that has been done already. There
needs to be some provision made for dust control during construction
because of the dry summer when the wind was blowing and the
equipment were moving in and out of the access road, and you know we
just constantly had a dust storm swirling around our house anytime we
had any kind of breeze . As far as I know there isn't adequate parking to
begin with . Any other project of the town that talks about expansion has
to have some provision made for an improved parking area . Right now
there isn 't enough parking on one side of the road, the overflow goes
together and that is all done on lawn . I 'd like to see the issue of parking
and the need for additional parking area addressed . Also , I came by J
tonight and there are six large outdoor lights on these buildings at the
golf course and I don 't understand why in the middle of a country we
need all this extra light. If it is for security it seems to me that it can be
on the side of the building that is next to the house or something like
this. But we have all this extra light being broadcast out into the
neighborhood . And this time of year, especially when the leaves are all
off it 's quite noticeable . I just wonder if there is some way that you can
address that issue during your deliberations. Since this is the only Board
that Mr. Martin will have to go to I think it weighs heavily on you to
address all of the environmental issues. I donl think there is a question
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about what the proper use of this land is although I would like to see him
have more land so that he can do a better job with the design of the
course and so forth and not crowd it. Certainly I think that the
appropriate use of this land next to the course is for expansion . I just
urge you to address these other issues at some point .
CHAIR HANLEY: Just for clarification Henry would you address the environmental issues?
H . SLATER: It would go before the reviewing Board and you have the SEQR form in
front of you . It may or may not be in sufficient depth . You may want to
have them take a look at a long form . They certainly would have to file a
storm water management plan with the DEC, since it is more than 10
acres. 1 know he has been in contact with the DEC but I don't know what
his response from them has been . As we discussed at the last meeting ,
the consideration of the wetlands has been mentioned here again . You
certainly may want to look at parking for the facility how that would be
handled . There is a formula there for recreational purposes . Typically in
a special permit or a site plan review the Town does take a look at
exterior lighting that it be unobtrusive in nature. There are certain lights
that can be used that would fulfill that .
S . BERG : That would be related to the new construction . He is complaining about
lights in the existing construction which is not under consideration here ,
right?
H . SLATER : I believe that is up to you to decide, but you're not looking at that piece
of land .
ATTORNEY MARCUS : This doesn't involve any special permit or special sight plan review.
CHAIR HANLEY: What review is required for the wetlands considerations or is what we do
here it for the wetlands?
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H. SLATER: You could ask the applicant to demonstrate that he is not infringing upon
any wetland or wetland setback. That he has sediment and erosion
control measures that will be employed both during and after
construction . You certainly need some demonstration that he has filed a
storm water management plan . DEC of course will require these very
things. You probably are going to want to have contingencies that they
somehow demonstrate that they have conformed to the regulations .
R . HARRIS : How does DEC get involved?
H. SLATER: You can require them to - as we talked about at your last meeting - show
that he has met all regulatory requirements that would apply to his
development on that site and to the adjacent lands in question .
R. HARRIS : Because we also talked about contaminants in Dryden lake resulting
from fertilizer runoff. I know that Bob said that they were using natural
fertilizer but I also understand - since that time - from researched that I
have done , even natural fertilizer runoff into a body of water can
contaminate and suffocate .
H. SLATER: I think if you pre- mitigate the contamination from reaching the lake - by
containing it on site - then you don't have to wont' about whether it's
going to get there or not.
ATTORNEY MARCUS : Typically if you are in a position where there are requirements such as
sedimentation control , erosion control (all of these issues that you are
referring to) and your Board doesn 't have the expertise to evaluate a
plan , you may want to consider conditions for proposes approved by the
Town engineer. Certainly the TG Miller firm has all the expertise that
you would need to evaluate not only erosion control plans, but lighting
plans as well . Within that office they generate those plans for developers
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themselves so certainly they would have the ability to evaluate the
submittal of someone else 's plans as to whether it's adequate or not .
CHAIR HANLEY: I should have read this before, the letter from TG Miller dated October
260 1999 simply says concerning this application "we agree with the cost
analysis provided with the additional information for the Lakeview golf
course ." That is the only reference it makes to this application . Mr.
Martin , you wanted to say something?
R. MARTIN : We are also , especially myself, very concerned with the environmental
part of it and we have tried to contact the DEC . They were suppose to
have contacted us and visited the site even before this hearing . We
have tried three times to get him to come and so far no response from
them . We will work very closely with them. We are the first golf course
in this area that doesn't use chemical fertilizers or anything like . We are
doing it completely organic. So we are leaders not only in this area but in
the entire country. The plowing and dirt work that was done over there
was done by a retired farmer who used his plow and disked the land so
that we could get the rocks out of there. He also carved out the actual
places of the greens and the places to get back and forth . This I think is
very intelligent. We used the natural lay of the land ; there will be no
more excavation work except to put in the lines to variegate the greens .
Every green is in the natural lay of the land . All we have to do is form it
and put in the top 12 inches. There are some ponds that we wanted to
put in . The dust this year would have come from any place . It swirled in
from of our place where it wasn't even plowed , but that should not be a
concern from now on . There is no more major work except for a little
bulldozer work because again I used the natural lay of the land rather
than trying to build some up or create land . We are going to stay away
from the wetlands; an additional pond will actually create more wetland .
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We are going to put in = by the time it is finished - over a thousand trees.
We will be very considerate of the neighbors. The parking , we could
create hundreds of parking places for cars on the other side of the road .
What we would do is just simply make the driving range smaller. So
whatever parking you want , we can make arrangements for that. The
lights are around the building because we were told it would be better to
light up the street. I doubt if it would be too bright now, but we would be
very happy to change the bulbs or whatever to satisfy that . We will work
with the environmentalists. I consider myself an environmentalist. We
will make sure that the land is kept environmentally safe.
CHAIR HANLEY: Does anyone else want to speak to this application?
D. GRANTHAM : Organic fertilizer is a chemical , and the issue with fertilizer entering the
lake is simply a nutrient issue it doesn 't matter whether it is synthetic or
not. One of the things that I would recommend is that if you get that far
that you look at a nutrient management plan for the golf course and try
to reduce the amount of nutrients used and reduce the amount that runs
off or leaches into the ground water. That lake has a lot of ground water
recharged to it and so nitrates can leach into ground water. Fertilizer is
another issue and we can develop a pest management plan that reduces
your pesticide use and still keeps your greens green . This is pretty
important stuff to do and it could save you money in the long run too.
Erosion control is extremely important and if you get that far I would say
you need a storm water management plan .
ATTORNEY MARCUS : Henry at what point does Mr. Martin have to come to you with a permit
of any kind ? Apparently he hasn 't had to in connection with the work that
he has done so far.
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H. SLATER: Well that is an interesting question because , I think it has been said to
® you before that you are the only review process he is going to be before
other than other agency involvement relative to the project . He is
actually not building anything so therefore there is no building permits
there is not special permit or site plan review so he has the issue of
expansion by the variance or not expanding and other agency
involvement and requirement that those agencies would consider
relevant to this project. Storm water management is obviously one of
them that he is required to do because he Is developing more than 10
acres.
ATTORNEY MARCUS : That results in an approval. That's not simply a submittal .
H. SLATER: Actually, and I think Councilperson Grantham can correct me if I am
wrong , but I believe that's simply a submittal and is filed with the DEC
other than what the town may be requiring , and that is as far as it goes
® until such time as there is a complaint lodged against the project.
D. GRANTHAM : Storm water?
H . SLATER: I don 't think they do an actual review of it.
D. GRANTHAM : They are suppose to . They may not but they are suppose to .
CHAIR HANLEY. You were indicating that someone with expertise who would review
these plans for us would be normally found in Millers?
ATTORNEY MARCUS . Or another engineering firm. Miller's happens to be a full service firm
and they are the Town 's engineer so they've looked at this application in
a general sense to get to the point of concurring with the financial
information . But certainly there are people within the firm who are also
familiar with erosion control plans and any of the other issues that have
been brought up about site development.
CHAIR HANLEY: So if we were to ask for erosion control and nutrient management and
® storm water plan review they would give us an analysis of them?
ATTORNEY MARCUS : I 'm sure they could .
CHAIR HANLEY. Anyone on the Board have any questions for anyone? Anyone else have
anything to add ?
N . LAMOTTE: I hate to keep beating this issue to death , but I raised the issue last
meeting about the fourth criteria , that the applicant is suitably required to
address. I am wondering if all of this discussion we have had tonight is
really relevant until we have crossed that bridge . I 'm talking about the
issue of self-created hardship , and it's not been addressed and I frankly
cannot see any possible way with the information that is before us at this
time how the applicant can possibly meet that, and in my hope would be
that he would approach the Town Board with a request with some
change in Zoning that would allow him to proceed without the variance.
® That would take it out of our hands, the Town Board could establish
whatever requirements relevant to these issue they might choose . I
simply see no way that they - at this point - can comply with number 4 of
the state-required criteria .
CHAIR HANLEY: Okay the question then becomes, do we want to save that for the
deliberative session and tackle that first, or does anyone want any extra
comments from anyone here on that specific issue?
N . LAMOTTE: Maybe Randy can give us some direction there about how we should
proceed .
ATTORNEY MARCUS : I think you have a couple of choices that Chuck just laid out. But as far
as the issue goes as I have said before , that's very wide open to
interpretation , the case law about the issue self imposed hardship. I
don't think that there are very many cases that are clearly self-created or
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clearly not self-created . As we have discussed on a couple of different
applications it's something that can be looked at in a spectrum of ways.
What Nick is referring to is that it is a use variance it has to be found not
too be self-created .
R. HARRIS : I thought that Mr. Martin documented the fact that a 9-hole golf course is
not a practical business. Therefore the need to expand is not self-
created but rather created by the facts of the economy and what
happens In a business.
S . BERG : That point was brought out last time that the other golf courses all in
recent years have gone from 9 to 18 holes, and to be competitive he
needs to expand .
R . HARRIS : I thought because we documented that it negated the issue of self-
created .
CHAIR HANLEY: Well we haven 't made a finding yet . Nick brings up a valid point we will
have to discuss . We have all the testimony we need and obviously that
is one of the arguments to be made . I think now for purposes of taking
any more testimony I get the impression we are done now. So we will
close the public hearing section .
DELIBERATIONS :
CHAIR HANLEY: Randy , what are the possibilities here , can we postpone a decision?
ATTORNEY MARCUS . Yes , you have 62 days from the close of the hearing which apparently
closed tonight so technically your decision has to rendered by January 6 .
Before you come to your decision you have to fill out at least the short
form . My opinion is that you can deal with this issue with a short form
because the environmental concerns although Mahlon went into some
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detail , they are really all within a category relative to erosion and
® drainage and sedimentation issues. It doesn't involve flora and fauna ,
archaeological , and air quality. The short form gives you enough
guidance to take care of this issue. Then you have to deal with
conditions, which I was suggesting you might lump together by listing the
concerns and making t a condition that your engineer approves those
plans. You have to get all that out before you come to your decision .
Whether you do your findings first or the SEOR first is up to you . I think
you might find it easier to do your findings first.
CHAIR HANLEY: Can we postpone the deliberative section?
ATTORNEY MARCUS : You can .
CHAIR HANLEY. This is a difficult one.
S . BERG: Here is another issue . Typically what's the load in the December
meeting?
CHAIR HANLEY: It usually drops off during the winter.
H . SLATER: I have nothing (scheduled) at this time . Another suggestion I have is that
you ask the Town engineer to develop a list of critical criterion that you
might want to visit in a conditional variance approval.
A. EVERETT: Do we want to ask him to come to a meeting with us first? To get some
professional input on how to put all this Information together?
H. SLATER : I don't think it's that complicated .
ATTORNEY MARCUS : I don't think it is either. It 's a little surprising to me that with the kind of
money he has to be spending to get from here to an end point, that he
hasn't already engaged an engineer to come up with this plan .
S. BERG : He said a lot of this work is voluntary .
1J
R. HARRIS : It bothers me a little that this is developed before it ever came to us. It's
not like he came to us and said °Phis is what I am proposing to do in t he
future once this is approved ." it's done .
ATTORNEY MARCUS : For him to not do any more you would have to walk out there with a stop
work order right?
R . HARRIS : I understand but it's just a little bit bothersome .
S. BERG : Is he moving ahead? In another month he will be done?
H . SLATER : They won't do anything more until spring .
R. HARRIS: But he has been working on this all season. There has been work
ongoing . This did not come to us until October, yet since April or May
there has been this work ongoing .
H . SLATER: I have been rejecting his application since June because it was so full of
holes that it made no sense to bring it to you .
ATTORNEY MARCUS : His variance application?
H . SLATER : Yes, I have rejected 2 or 3 of them saying that if I took it to the ZBA you
might as well stay home .
A. EVERETT: So Henry you are able and Randy is able to help us go through all of this
and find out what we need ?
H. SLATER: Yes, I think we have mentioned every issue tonight .
CHAIR HANLEY. I also don't want Nick to feel bulldozed here . We still have his major
objection to this .
N . LAMOTTE : It's the same issue , and I feel that we should resolve that before we go
through all the rest of it .
ATTORNEY MARCUS : Maybe you should take 15 minutes tonight and deal with that issue .
CHAIR HANLEY: I 'm not sure it's going to run 15 minutes. I don 't want to start down that
road if waiting until the next meeting will help. I think we should open
® 12
with Nick's objection and deal with that first. If we can 't get by that then
® there is no point in . . . .
S . BERG : What's your objection Nick?
N . LAMOTTE: This self-created problem . I feel there is no question about it . The
distinguished council feels very much the other way.
ATTORNEY MARCUS : I have my own personal view of that issue . That is that you can always
argue whether it is self-created or not .
R. HARRIS * I agree with Nick in the sense that he bought that golf course he bought
it with the intention of turning it into an 18 hole golf course . I am
convinced of that totally. Therefore it is self-created .
H . SLATER : I disagree . I think the golf course is the applicant not a particular person
because the golf course is the non-conforming , preexisting use of which
1701 paragraph be brought here .
ATTORNEY MARCUS :Or you could say that he bought the property for whatever reason , assuming that
it could be used and then investigated the cost of using it for permissible
uses and determines that it can 't be financially prosperous.
S. BERG : I disagree because the environment changed in the time that he owned
it. In the time that he owned it these other courses went from 9 to 18
holes. The competitive environment changed .
ATTORNEY MARCUS : You could put an argument like that in the record . I think it is a logical
argument. I think there is a basis for that argument, but the problem
have and the reason I could also side with Nicks point of view just as
easily is that you are suppose to look at the property under
consideration . You're not suppose to look at the next door property and
what it happens to be used for. You 're suppose to be looking at the
parcel that is being considered for a variance . Which has been farmland
13
and apparently it wasn't very profitable as farmland . The only other thing
that you are allowed to do with it in the zoning district is residential .
S . BERG: It's Gear that it is not suitable for residential because it is too expensive .
ATTORNEY MARCUS : So that gives you good justification to get over the first hurdle of
financial hardship, but does that give you justification that it is not self-
created? I don 't know. If he bought it knowing that it was not profitable
as fame land and it's pretty obvious that it is not profitable for residential
then isn 't 4 self-created hardship to try and do anything else with it?
R. HARRIS : He bought it obviously with the intent of adding 9 holes. That is the only
reason he bought it.
S. BERG : So you are saying that when he bought it, all the other golf courses were
already 18 holes?
R. HARRIS : No, I 'm saying when he bought this additional piece of property with only
one purpose.
S . BERG : I do remember him mentioning that it was a super deal and the guy
came to him to sell him the land . They guy came back 2 or 3 times and
the deal was too good to pass up. Isn't that the story that he gave us?
N. LAMOTTE: Yes, you put that well , "the story that he gave us .°
H. SLATER: I believe that story is true . But ultimately he paid an exorbitant amount
of money for it.
ATTORNEY MARCUS: The point is that he wouldn 't have a problem if he didn 't want to build a
golf course . It 's his interest in building a golf course that creates the
problem .
CHAIR HANLEY, I would suggest that the Board postpone the deliberation section . Henry
would you extend the invitation to the next meeting to the Town
engineer?
® 14
H. SLATER : Yes, I will take care of that in fact if you would like to have me work with
Dave to develop a list we will do that.
ATTORNEY MARCUS : If they want to talk with me about it . I took detailed notes as people were
raising issues. I deal with that literally every day .
CHAIR HANLEY: We will most likely open with Nick's point . Do I hear a motion to
postpone this deliberation?
S . BERG : So moved.
CHAIR HANLEY: Second?
R . HARRIS : Second.
CHAIR HANLEY: All in favor?
ALL: Aye
CHAIR HANLEY: Do 1 hear a motion to adjourn the meeting?
S. BERG : So moved .
CHAIR HANLEY : Second ?
A. EVERETT : Second.
CHAIR HANLEY: All in favor?
ALL: Aye .
® 15
PETER D . NOVELLI , P . E. FILE:
CONSULTING ENGINEER
203 NORTH AURORA STREET
ITHACA, NEW YORK 14850
® (607) (
(607) 275-0964 64 (FAX)FAX)
PDNONOVELU-ENG .COM
MEMORANDUM
DATE : OCTOBER 21 , 1999 PROJECT NO: 238
TO: ROBERT MARTIN / LAKEVIEW GOLF CLUB
FROM : PETER D. NOVELLI , P .E.
RE : PROPOSED ACCESS TO RESIDENTIAL ZONE
Attached is an excerpt from the Lakeview Golf Club master Site Plan. It indicates a potential buildable area zoned for
residential development. Also indicated is a possible location for an access road which is required in order to access
the land . This is required if access is to be obtained from this section of Lake Road because the slope of the land
drops approximately 15 to 20 feet from Lake Road , and this would result in an unacceptably steep access road .
One way to provide access would be to install a concrete culvert along the center of the gully. A large amount of
compacted fill would be required above the culvert to bring the roadway up to a level grade. The approximate cost to
construct this would be in the range of $250,000 to $300 ,000.
Another option would be to construct concrete abutments , with fill behind them , and a steel or concrete bridge
spanning approximately 125 feet. The approximate cost of this would be in the range of $450 ,000 to $600 , 000.
Either option would have to be designed and constructed to Tompkins County and Town of Dryden design standards.
A detailed design would be required in order to further refine cost estimates. However, a figure in the range of
$250,000 to $600 ,000 is a relatively large sum of money in order to access a relatively small parcel of land .
Please call if you would like our office to investigate this project further.
Attach : Site Plan excerpt
COPIES TO :
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934 East Shore Drive Ithaca , N . Y . 14850
October 11 , 1999
Board of Zoning Appeals
65 Bast Main Street
Dryden NY 13053
I . J . Construction
934 East Shore Drive
Ithaca NY 14850
Dear Mr. Hanley,
® We inspected the land in question located at 430 Lake Road, left of the golf
course to see if it was financially suited for housing. The answer to this
question is no .
Out of the approximately 26 acres, only 6 acres would be suited for housing.
This area is located just left of the present #2 golf hole.
The major problem is the land is landlocked, and you would have to build a
bridge across the ravine fronting the property . The cost of the bridge would
be around one half of a million dollars, which alone would make the project a
financial disaster. When you add the other costs, roads, utilities, sewers, etc.
it just would not work.
This land would be more suitable as open recreational land ,
Sincerely,
I fnd �t � son
Phyllis and David Smith, 15 Bridle Lane, Dryden , NY 13053
Fpw
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October 4, 1. 999
To Whom It May Concern:
During much of the last decade we have established and maintained nestboxes to
restore the population of the Eastern Bluebird in Dryden, Groton and Virgil . Tree
swallows, chickadees, house wrens and other cavity-nesters are also being attracted . One
hundred sixty bluebirds and more than 300 tree swallows were fledged this year.
Lakeview Golf Club is making an important contribution to this success.
Nestboxes on the golf course attracted four nesting pairs of bluebirds this year. Nearly 70
tree swallows fledged from nest boxes on the course.
Bob Martin, Jerry Ryan, and those with whom they work, have encouraged the
frequent monitoring required . When unusual events have occurred, they have kindly
alerted us. Their cooperation has made these results possible. At other locations where
e such cooperation has been lacking, it has been necessary to remove nestboxes, rather than
provide a haven for predators.
The management at Lakeview Golf Club has been prudent in observing good
management practices as aggressive steps were taken to improve the course . Design for
the course expansion capitalized on the unusual beauty of this location on the east side of
Dryden Lake . Initial grading and fairway seeding of additional holes were accomplished
with minimal site degradation . Care has been taken to preserve the aesthetics of this
extraordinary location , Newly planted trees provide demarcation of the new fairways, as
well as enhancing several areas on the established course.
Expanding the course at Lakeview Golf Club can only enhance the successful
attraction of bluebirds, tree swallows and other cavity-nesting birds. it promises to
provide even more recreational opportunity for this community, as well as enhance the
local economy. We urge careful consideration of the requested variance, and support
such approval .
j(o1Ck it
David T . Smith,
Phyllis Smith and Kenneth Smith
k4@clarityconnect.com