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. Perkins, Dryden Town Attorney
Charles Hanley, Chair., Dryden Town ZBA
Barbara Caldwell, Chair., Dryden Town Planning Board
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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. Schug, Dryden Town Supervisor
•
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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
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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.
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MARYLAND INSTITUTE TEL No.410 -669 -9206 Fern 10.98 9:18 No .002 P.02
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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
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