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Home My WebLink About1999-08-10TB 8-10 -99 TOWN OF DRYDEN TOWN BOARD MEETING AUGUST 10, 1999 Supv Schug opened the meeting at 6:30 p.m. Board members and guests participated in a moment of silence followed by the pledge of allegiance. Roll call by Town Clerk Bambi L. Hollenbeck proved the following in attendance: Cl Ronald Beck, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deb Grantham, Supervisor James Schug and Attorney Mahlon R. Perkins. CITIZENS PRIVMEGE OF THE FLOOR Erica Evans - I wonder if we can see the first part of the environmental impact statement and how you have finalized it after we talked about it at the Varna meeting. Supv Schug - You will when we get to that part of the meeting, absolutely. Jim Skaley, 940 Dryden Road - There are several points I would like to present to the Board regarding the Varna II project in regard to the hydro information that the board currently has from the developer. In particular I would like to refer the Board to the hydrology report and there are also two independent professional engineers who have examined the hydrology report. The Board should have copies of those letters. The conflicting opinions with regard to the status of the hydrology would in itself raise serious questions regarding the adequacy of the information presented. That said, in looking at the total picture which the hydrology report was referring to limits itself to mostly on -site. What the developer has talked about is channelli,zing water. Part of it would go down a storm drain on 366, some of which will be diverted through and around the site, depending on the water level in the pond and then it will converge at the comer of Chen's property and then down across 366 and so forth. There is also a channel of water coming down through the trailer park that also adjoins that. It is a little difficult to assess what the impact is going to be on Route 366 should you have a 100 year event. The amount of density that we are talking about with respect to this project exceeds, as we pointed out at the public hearing, the density projected within the general plan. The amount of information that we have with regard to impacts on school districts and so forth is not presented within the information that I have seen. It seems under SEQR on determining whether or not should you should raise this to the level of environmental impact statement, there are several criteria of which I'm sure Mr. Perkins has information available to him. A couple of these just indicate a substantial adverse change in existing air quality, ground or surface water quality or quantity gives rise to this. The creation of a material conflict with the community's current plans or goals as officially approved or adopted also raises the issue of significant. The substantial change in use in intensity of the land, including agricultural open space or recreational resources or its capacity to support existing uses, raises it to the level of an environmental impact statement. In addition, one has to look at this as what may be indirect or cumulative impact as indicated in Part 617 and the number of people affected and so forth. That and with talking to Mr. Barylski over in DEC, I understand that no permit has been filed or discussion had so far with regard to the dam that will need to be reconstructed on the site. From looking at the hydrology report it appears that they are not increasing the surface area of the pond, but they are going to have to accommodate a 100 year event according to their own engineer, which means that they will have to deepen the pond in order to accommodate the extra water. That means a different type of grading, a different type of structural characteristics for the dam. According to a 100 year event, if I am reading it correctly, there could be up to five times the amount of water impounded than currently exists ' up there. That to me seems to raise a level of risk that already has some risk and I would urge Page I of 54 Mot TB 8 =10 =99 the board to consider that this does raise this project to the level of a significant impact in your determination. Ken Finkelstein, 944 Dryden Road - Apologized for not being able to attend the public hearing regarding the Lucente project. He did submit a letter for the hearing outlining his five concerns. One of those concerned whether the children in Varna would be forced to attend another school if enrollment should rise significantly due to the Varna II project. Submitted a memo dated August 10, 1999, and read the memo to the Board (copy in project file). Marshall Taylor - speaking as secretary for the Varna Community Association: I want to point out that each of you should have received a letter from me talking about the resolution that the VCA passed last November calling for a full environmental statement. In fact, that same issue was discussed. There was no motion made to rescind that resolution and pass another resolution. It was noted that the facts relevant to that resolution as the VCA board sees them still stand. Offered a copy of the resolution if there are any questions. Speaking as an individual, I want to say that, perhaps unlike some of my neighbors, conceptually I favor this type of project. I do so because it is a fairly concentrated development in an area that has water and sewer. It kind of stands as something that forestalls urban sprawl. However, it is a significant project and I think that it deserves careful consideration. I think particularly that it deserves a full Environmental Impact Statement. At the last public hearing I made a statement to you that the developers documentation of the hydrologic impacts of the statement were inadequate. I have a letter here which goes into that in a little bit more detail (distributed, copy in project file). I want to make the following points. The runoff analysis that was performed is just not adequate to develop the storm runoff hydrograph for any of the design storms immediately downstream of the developed property. The technical reasons why have nothing to do with the comments that Mr. Martin's and Mr. Buhl's letters ' raise. Although I must say that I agree with some of the concerns that were raised in their letters. The developer proposing changing the natural drainage just does not address the impact of this project. It further concerns me that a project like this really represents an opportunity to handle some of the non point source pollution. You're concentrating runoffs. You're putting them into a reservoir. There are a number of technologies that are available to help you remove waste, oils, etc from that. Some of those have to do with the design of the reservoir, some of those have to do with other technologies. None of that, including the simplest having to do with the design of reservoir retention time, were addressed from the water quality standpoint. Based on just those two things and considering all the other impacts, we just do not have adequate information about the project and I feel that it is completely necessary to go ahead with a full environmental impact statement. Speaking as your representative to the County Water Resources Technical Committee You should have also received a memo from me recently that said that the Water Resources Council has finally adopted the County's water quality strategy and is forwarding that on to the board of Reps for adoption. I welcome any comments the Town Board would like to make on that, and in particular, on three items that I pointed out in my memo. The fact that the Water Quality Strategy plan calls for some attention to be paid to groundwater resources in our County. This is very important for some of our rural people in particular. The Water Resources Council wants to identify those aquifers that are critical in terms of serving people, in terms of threats to the water supply, and so forth. I would welcome your input on situations that you know in the Town of Dryden that should be addressed. The other is the interest in developing a citizens base Fall Creek Watershed Protection Committee, perhaps similar to the Caroline Committee. The third item is as you are all aware the Cayuga Lake Source Cooling Project is calling for some increases in monitoring in Cayuga Lake. With this there is an opportunity for the County to kind of piggyback on top of that and perhaps receive, in a very economical fashion, some data that will greatly help the County and the Towns as they look at water quality in the area. 1 note that if the Town of Dryden has any particular concerns, Page 2 of 54 TB 8 -10 -99 pesticides, nutrients, whatever in any of the creeks and rivers that should be taken into account, I would be interested in those comments. Finally, I think you all received an invitation to the 1999 Cayuga Lake Fest to be held at Cass park this coming Saturday from 9 a.m. to 2 p.m. There will be at least 16 different information booths related to water, quality of life, and value of the Cayuga Lake Watershed and so forth. There will be workshops about such matters as the Cayuga Lake Management Plan, the Cornell Lake Source Cooling Project and so forth. We'll also have free food and entertainment. Martha Case, 953 Dryden Road - I would like to know how the Town Board could give them a special permit when they are not allowed to go up and see what is up on the hill, to see what they're hiding. There is some reason why they don't want you to go up on the hill and I'd like to know the reason. Supv Schug - Mr. Marchell still owns the property and it is posted. If I had to go up there he would shoot me before I got across 366. M Case - They must be hiding something up there. So how can you issue a special permit if you can't see what is up there. Supv Schug - We wouldn't, probably. COUNTY BRIEFING Mike Lane - I just came from a special meeting of the Board of Reps. We passed the • sales tax holidays. In September it will be from September 1 through September 7, and in January from the 15th to the 21st. Clothing and shoes up to the value of $500 will be exempt. We still have not made any change in our position with respect to the permanent lifting. We are on record as not planning to go forward with that. I understand that there has been a change at the state level which is going to allow counties to opt in and opt out. In the past they could only opt out, and could never get the sales tax back on once they voted to take it off. How that will affect other discussion about this remains to be seen. We all know that it is easier to lift a tax than reinstitute it. If you have an opinion on this, let us know. Any action we take on sales tax also affects the Towns and Villages. We need to know what you think. The recreation partnership - the Towns have asked the County to consider extending its support for that for another year. At our last meeting we did pass a resolution directing the Youth Bureau to come in with that in their budget. We haven't adopted it yet, but the sense of the board was that we would like to see that presented at the budget and set up so that $35,000 would be paid in two installments, one at the first of the year and the second to be re- authorized with the idea that we very much would like to see this agreement revised by the middle of the year next year. A group of Tompkins County legislators and some of the department heads were invited to Steuben County to meet with their legislators and departments and learn how that County does business. A week later they came to Tompkins County. Counties are structured differently in New York State. Steuben County is similar to Tompkins in population. They have an administrator, but they are a statutory county, not a charter county. They were interested in our charter system. They recently have opened a new jail. They were averaging about 130 inmates before they built the jail, and built it to a capacity of almost 200. They are now full and looking at boarding out prisoners and can't account for the increase. Our jail population has stabilized for the first six months of the year. We were able to house them at our jail because of the waivers we have for additional bunks and spaces in the dormitory areas. The waiver was given based on the fact that we are proceeding to look at our entire jail system. Pagc 3 of 54 TB & 10 -99 The County is still working on the Caswell Road leachate problem. One the options being explored is whether it would make sense to pipe the leachate to Freeville. The Freeville Board informed me that one of the problems may be that the leachate may be too clean, that they are having problems meeting the removal requirements of their SPEDS permit because the level of pollution in Freeville is already pretty low. So that is one thing that will have to be looked at. Pumping to Freeville would save the cost of transportation to Ithaca, currently around $200,000 per year. Supv Schug - Explained to Mike that George Malepe and Angie Chen have applied for flood mitigation money. Chen is receiving $3,500 and Malepe is receiving $2,222. Soil and Water Conservation have told these people that the County will pay one- third, they have to pay one -third and that the Town should be interested in paying one -third and /or doing in kind work for that amount of money. These applications were never brought to the Town committee. The work is supposed to be done by the end of the time period. They are supposed to get their work done this year. The Town has never budgeted for this program. M Lane - What you are telling me is that these applications were made directly to the County from these two people, and not through the Town's recommendation committee? Supv Schug - Yes, they went directly through Craig Schutt. They were out peddling this program and we asked questions and got little or no information from them. One of the first questions on the questionnaire is did the town's flood mitigation program approve the project. M Lane - Will check it out. Mr. Chen was present and explained his situation and problem to Mr. Lane. Water is eroding a ditch alongside building and exposing the foundation. COUNCIL PRMLEGE OF THE FLOOR Cl Grantham - We have Jennifer from the Child Sexual Abuse Project of the Task Force for Battered Women here. I asked her to do some thinking and designing of the follow -up workshop on personal safety for youth in Dryden. She has some information here. Jennifer Rosenthal - (Information distributed) We had a pretty low turnout last year in Varna. We are hoping for more turnout: this year and are hoping to target teens specifically, and family members of teens. We are trying to help reduce the risk for and prevent sexual abuse, sexual harassment, sexual assault and dating violence. We know that this affects a lot of us today. Two- thirds of rapes happen to kids under the age of 18. One out of three girls, one out of five boys will be sexually abused by the time they tum 18. One in three teen dating relationships are a teen violence situation. I have done a lot of programs with the Dryden School District and recently did programs with the Spring sports teams. We are excited about the programs we do in the school and we also want to offer it to community members on a specific day outside of school. Some of the ideas for that day are having local law enforcement do a presentation and others listed on the information sheet. Perhaps local business could contribute door prizes. I will be contacting David Hall of Cooperative Extension to discuss ideas with him, and am hoping to have Tara Jenne, Dryden Health Teacher come on board also. Cl Grantham - Tom, you originally brought up this idea a couple of years ago. Can you give Jennifer any input about numbers of people or target groups or anything that would help her? Page 4 of 54 TB M -1U -99 Cl 'T Hatfield - I am IGO"% in favor of the concept_ The results of last year were disappointing. It looks like you are trying to reach out on a more active basis, I was pleased to hear you were already in the school district, that is definitely a need. My original concept, Deb, was hi3w to reach not only to the ]gds i the school districts, bath Ithaca and Dryden, but also to their parents. I think you are going in the right direction here. I think David Hall would be an excellent resource, he works hands -on with a lot aflgclss in the community_ The one thought I have had on this, Deb, was to perhaps ,split it somehow, The Marna Community Center is a good location on that end of town. Maybe we could use 4 -H acres on the other side of town. There may be transportatiorx issues, I don't know. I think you should pursue this and come back to us. The amount of money you are talking about here is insignificarit if you reach 50 to 75 kids_ All you need to be is successful in preventing one such act_ J Rosenthal - I just gat done helping to plan a big event in Ithaca, We had aborut 500 teems at that event_ C1 T Hatfield - by? What was the differexrce? J Rosenthal - Because there was a lot of community support with it, a lot of different people from the community, kiwanis, businesses, non- profit agencies, government. A lot of people were behind it Cl T Hatfield - So we need to contact not only David Hall, but Rotary, Kiwanis, Sertoma, the Lions, PTA_ If we can get 500 people to attend that would be wonderful_ J Rosenthal - "There also were a lot of teens mi volved in the planning. We need to get a better sense f°ow them of what is going to be important to them. They are also the best marketing people, They pass along the information to their peers. 1 T Hatfield - That tells me you recd to contact student councils and get someone assigned from them to help out. Perhaps the National Honor Society or other school orb ;zabans can help. I did hear about the program this sspruig, having a couple of teenage daughters, and it was very well received, J Rosenthal -We are in Dryden, Freeville and Cassavant schools doing a lot of personal safety programs such as the CAP program_ Cl T Hatfield - I'd like to see some of this implemented into a consistent program, I don't think we need to necessarily target only teens. There is an entire range of folks that are concerned about this issue of personal safety. Marshall Taylor - I helped with safe night and it was a wonderful affair. Last year the or4 al expectations wee to have a number of satellite sites and it was pulled back for very good reasons to a centralized site, On the Varna Community Center's fall agenda is a motion to adopt that as a safe might site for next year because several of the organizers and so forth were in our community_ J want to paint out that there are groups willing to work on planning and such- J Rosenthal - Unfortunately, we did not have a good response from outlying school districts and communities_ We were unable to get the kids bussed in, so it vvas pretty much Ithaca City School District We are planting an event for next year, and Vid like to talk about how we can improve that, Marshall Taylor - There is also currently a meeting being planned for a number of Dryden Community Associations to figure out what we can do and hove we can help, Do you have a card or something we'll be in touch. Page 5 of 54 TB 8 -10m99 J Rosenthal � I also have lots of handoUts with Inc tonight. 0 1 Grantham - The other item I had was to bid out attorney and engineer +contracts. We talked about this a little bit earlier in the year and the reason mg was partly performancerevjew and partly iList to look at costs of those contracts- I called the Association of Towns and they don't have bid specifications for these kinds of things. They are supposed to call me back and give ule some information. i think the best thin g to do is go to other towns and use the contracts that we have on hand to develop specifications- You were suggesting that we divide that up, upv Schug - I'd like to see you and Charlie take care the eng-Lneenng and lion and Tom take care of the attorney and put something together. Mike Larne - There should be a job description for the County Attorney and Assistant County Attorney. There mould be job descriptions for the engineers. We do a lot of requests for proposals and requests for top qualificatiuns for engineering fms. For example for the airport we do a request for qualifications every five years because of engneering things that come up from time to time. Perhaps the County might be able to help you there. Cl Grantham- We had a Cayuga Lake Watershed Intermunicipal Organization meeting last month and one of the things that was brought up at that meeting was that the Intermunicipal Organization is going through the process of developing the eharacterizadon for the Cayuga Lake Watershed, not just the lake but the entire watershed which includes ground- water supplies that people it) Dryden use. Right now the fiandLrg is basically Bond Act, Department of Brute, and the IO is %eekiag another year of funding from the Department of Mate. One of the things that they need to be able to show is support from the municipalities that are voting members of the IO. They are request $900 for next year (2000) in support of 0 the watershed characterization and related activities. I can write that up and submit it to the Board to be oonsidered for next year's budget. ATTORNEY Atty Perkins -1 have nothing new on the recreation committee- I have talked with Torn a couple of times about his thoughts on it. We have sketched out a draft of what we need to do and I need to meet with Tom and discuss this. I hope to have something for you by September, all other things being equal. With respect to the Telergy issue, I have spent a good deal of time on the phone with the Association of Towns, the NYS Office of Deal Propert services, and NY EO. One of the ]reys to resolving this issue is what the franchise that the Town has with VYSEG says- I requested a copy of the NYSEG franchise and no one can End one- It is probably 50 or 60 years old- I have been in touch with their counsel's office and they are trying to locate a copy of it because that addresses the use of the public right of may and public streets and so forth, We are nearing an opinion on that issue as soon as we bave the materials from NY EG- DOT relocation - I just today received Cornell Universitys comments and it was just a couple of days ago that I Learned it had gone to Cornell for their comment's, so we'll have to digest what the real estate department has had to say about it, but there doesn't seem to be anything in there that can't wait. Cl Grantham - Last time there was some mention of sozae cell tower legislation proposed by the state- You were going to get information on that. 0 Page 6 of 54 • TB 8 -14 -99 Atty Perkins - I obtained copies of a dozen bills and memorandum and I gave them to the Supervisor within a couple of days of that meeting. I'll do anything else I'm requested to do, but what I've done is get copies of what is pending. Cl Grantham - What is going on with the water with the Village? Are we going to talk about that? Is there anything new about that? Supv Schug - I just received a copy of what they passed at their board. I think Mahlon and Charlie should have a copy of it and then we'll meet with the Village to see if there are any problems. Everybody is welcome to a copy of what the Village has asked for. It looks like a pretty good project and that they are in favor of selling us water. C1 Grantham - I'd be interested in seeing a copy of it, especially since we are that close. TOWN CLERK On motion of Cl T Hatfield, seconded by Cl Grantham, the minutes of the July 13, 1999 meeting were unanimously approved. B Hollenbeck - Has spoken with three different companies regarding a new copy machine for the front office (presented information). We are not set up in such a way that a networked copier is sensible. Copy time is a priority and Gestetner and Toshiba both offer a copier that produces 35 copies per minute. We presently have two Gestetner copies and the company has offered to combine the service contracts on those with a third copier, thereby offering a savings (amount yet to be determined). The present contract with Xerox expires September 29, 1999. Cl Beck - Feels that the priorities have been addressed, but since the information on the Toshiba was only received today, we should give the Clerk some more time and give her the authority to make a decision between the Toshiba and the Gestetner. RESOLUTION # 159 - AUTHORIZE CLERK TO MAKE DECISION REGARDING COPIER PURCHASE Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Clerk to make the decision to purchase either a Toshiba copier or Gestetner copier, and take whatever steps are necessary to complete the purchase. 2nd Cl T Hatfield Roll Call Vote ENGINEERING Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - The engineer is on vacation, but we have a couple of comments. Mount Pleasant Subdivision - The erosion control devices failed in the roadside ditch in the storm on Saturday, July 31. The developer reinstalled on Tuesday August 3, Jack Bush and Dave Putnam met with Mike Hovanec to go over a list of items to be completed and corrected and made progress toward completing those items. Page 7 of 54 TB 8 -1049 The Dry Hydrant near NYSEG - Dave has talked with George Ofienberg of NYSEG, but to date there is no new information to report. Tonight I was offered two options. One is that for $35,000 we can buy the piece of property, use the building and it will be ours. The other option that NYSEG would entertain is the possibility of a lease on that piece of property, with us taking care of probably the right of way, mowing, etc. Town Hall Air Conditioning - Dave Herrick is pursuing the project with two local HBAC designers and hopefully will have something soon. Cl T Hatfield - On the NYSEG thing, were you just telling us that or were you looking for some feedback? Supv Schug - I just found out tonight. Dick Charsky indicates we can go down and look at the property. ZONING OFFICER ZO Slater - You have my monthly report. Mr. Ottenschot has signed the agreement of intent to follow through with the approval that gave last month for terms of completing mitigation work and the update work at the storage yard on Freese Road. He hasn't began any of the work yet. The roadway between Advanced Moving & Storage and Abbott Road has been completed. I sent a memo to Mr. Burr-us this week after Jack and Dave said they were satisfied with all the work that was done, both on site and connecting to the road, telling him we can close that out once he finishes the last aspect of that project, that is post a sign in a location that is agreeable to the Town stating that no Route 13 access was permitted from the Lower Creek Road driveway, except for local delivery. I have not yet had a response from him. IR Project Impact - We met on August 4 the last time. The draft outline for Project Impact itself was distributed. Rad Anderson who is our representative from the State Emergency Management Office took it back to Albany and he and Ann Margaret Esnard of Cornell University will complete the rough draft and have it in my hands during the week of August 23. On September 25 we will be tailgating the dam tour. We are going to ask the three boards, Town of Dryden, Village of Dryden, and Village of Freeville, to adopt a resolution that proclaims September 25 as Hazard Recognition Day. We are putting together handouts regarding pre- emergency planning for the home for flood, fire, winter storms, Y2K. We want to be at the Fire Department with a booth that day. There will be two other days where we will bring the first draft of Project Impact to the general public for comment. The State of New York has awarded us a small grant to begin implementing this program, and once the full plan is complete it will be submitted to FEMA. If successful they could fund up to 70% of the work we do. (Waverly recently won a grant for $875,000.) On Friday, August 13, at 4:00 Mayor Reba Taylor, Mire Raffe of the American Red Cross and myself will be filming for public access television. We aren't sure when it will be aired, but it will be on the Ben Curtis show. We are also going to try to get a spot on the Casey Stevens show (WHCU). We are doing everything we can to get the public and the business community involved. The next scheduled meeting here will be September 13 at 1:00 p.m. Part of the process is that the Town Board recognize this committee and its project. RESOLUTION # 160 - SUPPORT PROJECT IMPACT & APPOINT STEERING COMMITTEE Cl T Hatfield offered the following resolution and asked for its adoption: 0 Page 8 of 54 TB 8-10 -99 RESOLVED, that this Town Board, believing it is in the best interest of its residents, and to further protect the safety of its residents from the effects of natural and man -made disasters, supports Project impact and appoints the following persons to the steering committee: Committee Chair - James F. Schug, Supervisor, Town of Dryden First Assistant Chair - Reba Taylor, Mayor, Village of Dryden Second Assistant Chair - John Lampman, Mayor, Village of Freeville Mikel Shakarjran, Tompkins County Planning Department Michael Raffe, Tompkins County Red Cross Chapter Ann Margaret Esnard, Cornell Dept of City & Regional Planning Linda Szeliga, Natural Resources & Conservation Services (MRCS) Gary Rumsey, Resident of Town of Dryden Rad Anderson, NYS Emergency Management Office (SEMO) 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes 20 Slater - Last month you asked me to see about getting Observatory Drive, the proposed name for the Pleasant Mountain Subdivision, changed to Observatory Circle. The developer is more than happy to make that change. ® Supv Schug - We won't accept the road until it is completed and turned over to the Town. I: 1 [0 AV 9DJ;h1AV60*yi Mailbox policy - no update Quarry Road - no changes Hunt Hill - no charges J Bush - As far as the CHIPS program, I am letting the Board know that I am applying for the money. I would like to sell equipment at the auction in September. We need these things to the auctioneer service so they can advertise. The first item is a 1975 Brockway tandem axle truck with sander/ spreader. This truck sat and was never used last year. The appraised value is $1,500 to $1,700. The second item is a 1979 GMC dump truck with dump body, 273,000 miles, estimated value is $$,000 to $10,000. I don't feel we need to keep this because we have two new trucks on the way. The third item is a 1982 GMC with over 200,000 miles, very similar to the previous one, value between $12,000 and $14,000. I have another truck, but would rather wait until Spring to sell that.. A 1991 Freuhauf dump trailer is the last item. As far as the dump trailer, we had an employee who I thought would be here another couple of years, I feel it is a good time to take advantage of the opportunity to sell the dump trailer and find other alternatives to accomplish the same thing. We don't have a figure on the dump trailer, but I believe it will be between $32,000 and $34,000 new. If we were to keep it long term it would probably require some kind of a dump liner at some point at an estimated $5,000. Iire put some numbers together and I believe we could accomplish the same thing simply by contracting that kind of work out. If you want some numbers, I can get them to the board. I should point out that with at least two of Page 9 of 54 TB R -10 -99 these trucks the snow plow is worn out and will go with the trucks. The wings have some • value, so I will keep those for spares. C Hatfield - We still have a use for the tractor that hauls that trailer? J Bush - We have a Syracuse if it needs repair. right I would like to replace truck that is basically a sps now because the tractor we equipment. low boy that we use to haul the roller, or for taking the loader to Heavy equipment gets moved on the low boy. When the time is the tractor that goes with the dump trailer and another single axle ire tractor and snow plow truck, with one truck. We can't do it right have has a light duty frame. It isn't set up for snowplow RESOLUTION #161 - SEND HIGHWAY ITEMS TO AUCTION Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Deputy Highway Superintendent to send the following items to auction: 1975 Brockway Tandem truck # 10, 1979 GMC Tandem truck #14, 1982 GMC Tandem truck #27, and 1991 !Fruehauf dump trailer #39. 2nd Cl Beck Roll call vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes J Bush - The Cotterill license is the first one I 've used. Most of the work is done and we • have some final touch up work to do and that job will be complete. I'll inform the Board when the license is no longer needed. There is no change on Caswell Road. With respect to the Mt Pleasant Subdivision I'd reiterate what has already been said, and I'd like to emphasize that I feel real good working with Mike Hovanec. He has tried to do everything we have asked. If there has been a problem, he has taken right care of it. Within two days of the erosion control failing it was fixed, more was added to it and I believe it will serve the purpose. Supv Schug - How did things work out with your computer programs? J Bush - There were two programs. One was F1eetMax, which has to do with equipment. We 've got that and will be installing it. It was Y2K compatible. I have examples of what other people have used for technical service and I know how much the County has used. The first year it was about 3 hours for the entire year, and last year it was a matter of less than 20 minutes. It seems the time is more than adequate. We have held off on the other program. We had trouble getting in touch with people. We want to make sure that the Y2K is in order and check on the technical support. Cl Grantham - You said there wasn't anything else on Hunt Hill. Does that mean that you haven't started developing any plans? J Bush - I promised the people that before I did any work I would get back to them in a written form. I haven't had time to do that. There are some bad areas that we will temporarily patch for this year if we have time. I'll get back to the people in written form after that and give them time to respond and hopefully get started on it in an October/ November time frame. There are three main trees that need to come down, and we could cut those then. Page 10 of 54 TF3 8-10-99 Cl Grantham - Some neighbors of mine have requested striping on the sides as well as the middle of Snyder Hill Road when you go about striping. I'm sure they'd like the whole road done, but whatever you are going to do, if you could do the sides as well as the center. J Bush - That's not a problem as long as we can set it up. Last year somebody called and asked. Before we can stripe the new section it needs to be sealed. SUPERVISOR CORRESPONDENCE Supv Schug - I have the July Paramedics' report.. They've had a total of 509 responses in the first seven months of this year. We've billed $91,900, ,we have received $71,207 and we have an accounts receivable of $52,297. Mix Brothers Freeville Railroad Trestle - Pat Brennan got a copy of a bid from Mix to put in riprap and build dams etc. The price will be $11,150. Pat was going to get back to us on what the Village planned to pay. We haven't heard back, so well wait on that. You have a copy of material from Art Pearce of the Tompkins County Area Development noting the TCAD's interest in moving forward with a resolution for a water and sewer project and intermunicipal cooperation between Bolton Point, Dryden, the City and Cornell for water. The other one is sewer between the City, Dryden, Town of Ithaca, and working with Cayuga Heights sewer and Lansing Village and Town sewer projects. SUPERVISOR DISCUSSION Supv Schug - You have a copy of something from TCAD that I sent out. When the Town ® of Ithaca did their moratoriums, TCAD asked all the towns to take a look at and really consider what they were doing and the impact of progress and business expansion and doing offhanded moratoriums. It holds up a lot of projects which could be really good. So take a look at that. Mr. Mesmer would like to look at possibly purchasing a plot of land from the Town. It is indicated on the map he sent. The property is on Crystal Drive. He does mow it. The road right of way is owned by the town in that section. Near Bridle Lane there is an easement that the contractor was asked to put in. hi November of 1996 someone else wanted to buy that road right of way. The Town Board at that time had no interest in selling the property, but felt if the people wanted to use it for lawn or recreation that was alright. The property lies between Zwarts and Mesmers. Cl T Hatfield - Should we refer it back to the Planning Board for consideration? If it is not going to be needed, should we put it back on the tax roll? It is a town asset and we could sell if it has been appropriately appraised. Is it time to look at this issue again? I think we can ask the Planning Board to look and see if it still makes sense for the Town to own it. If someone is willing to buy it and pay taxes on it, we can do whatever the best public use of that property is now. Supv Schug - Does the Board feel we should pass the question to the Planning Board? Cl C Hatfield - It won't do any harm to look at it. Cl Grantham - I think it's a good idea. Supv Schug - I'll send the Crystal Drive material on to the Planning Board and let the people know where we stand. The Tompkins Transportation Enhancement Program to be known as the Dryden Trail. It is number four in the hit parade on the list of projects to move forward for grant approval. Page 11 of 54 TB 8 -10 -99 I talked with Joe Lalley this morning and he faxed some material that was distributed to you tonight. Joe is asking for $5,000 to finish the long range plan. He has a rough agreement. The project will start August 30 and end December 17. Cl T Hatfield - This puts in writing the concept we discussed with the Planning Board when we had our joint meeting? Supv Schug - Yes. The only thing in there that is questionable is the one about a digital camera They would like us to buy it and donate it to the class. Does anyone have any questions? It's a great project and I know it is a lot of work. The $5,000 would be well spent. Cl T Hatfield - I think paying for that based on the conversation with the Planning Board at that joint meeting, I think we should go forward with it Cl Grantham - I do too. I'd like to note that according to our joint meeting we are paying for postage in addition to the $5,000. Is that right? Supv Schug - Joe doesn't say it in here. If we need postage money, well have time to come back and do it. Cl T Hatfield - It looks hike it is included. He's saying print and mail by October 1. We did talk about whether it would or wouldn't be and I think we asked him to do it all inclusive. RESOLUTION # 162 - AUTHORIZE FUNDS & COMMENCEMENT OF LONG RANGE PLAN PROJECT. Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the commencement of the long range plan project and funding for same in an amount not to exceed $5,000.00. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - Marshall, thank you for your prior report. The Board has a copy of your Water Resources Technical Committee report. Well take a look at this and if the Board has any questions or suggestion, we'll get back to you. RESOLUTION # 163 - APPROVE ABSTRACT # 108 Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Board hereby approves Abstract # 108 as audited, vouchers #579 through 0640, totalling $273,577.59. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Page 12 of 54 TB 8 -10 -99 is Supv Schug - You have the financial report, the justice report, payroll report. We have the trial balances if anyone is interested. We'll take a break and then get into the SEQR and Varna II project business. (8:30 p.m.) Meeting resumed at 8:40 p.m. Supv Schug - We have one item of business. I sent a copy of a letter from Susan Brock to you. It was concerning the sewer plant and our support for the Bond Act application. It's a lot of money to the wastewater treatment plant. Even though we own a small part of it, there is a lot to be done and the Federal and State governments are putting a lot of money into it. I'd ask for a resolution authorizing me to sign the agreement with the other partners, City of Ithaca, Town of Ithaca, Town of Dryden, Villages of Cayuga Heights and Lansing, and the Town of Lansing. Atty Perkins - You adopted a similar resolution last year in support of that round of funding. This is the next round of funding. The resolution is identical to the one you adopted a year ago. It actually doesn't commit the Town to a specific course of action because you don't know what bond funds will be available, but it does support the application of the municipalities for funds. RESOLUTION #164 - RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER /CLEAN AIR BOND ACT OF 1916 Cl C Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden, herein called the `Town', after thorough consideration of the various aspects relating to wastewater treatment and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project' is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Town deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, by the Town Board of the Town of Dryden that 1. The Supervisor is the representative authorized to act in behalf of the Town's governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Town's governing body in all matters related to the Project and to State assistance; 2. That the Town agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of the written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application of State Assistance Payments; 4. That this Resolution take effect immediately. Page 13 of 54 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes TB f1-10 -99 Supv Schug - Let's move on to Lucente's Varna II project. Mahlon and Henry have taken every question regarding Part A and gone through it. This is Mr. Lucente's application and he would have to agree to the changes in the letter. Supv Schug read those portions of Atty Perkins' letter of August 10, 1999, that addressed specific questions (Part A, #s 10, 11, 13 & 20, Part B #s 14, 15 & 20, Part C #s 5, 6, 8 and 12(a)). (Letter in Lucente file) Atty Perkins - I should point out to you that the answers that we gave are the way that we felt the questions should be answered, not the way the applicant answered them unless we indicated he had answered them correctly. Statement that was read with respect to Question 6 in Part C is a major quote from the general plan. Supv Schug - Mr. Lucente, this is your part of the SEQR program. Do you concur with these changes? Steve Lucente -Yes. Cl Grantham - I have a comment on question 20, Part A "Has the site ever been used for the disposal of solid or hazardous wastes." Henry and Mahlon have stated that "based on public comments, construction and demolition material may have been disposed of on the site." Actually, based on a DEC letter to us, construction and demolition material was identified in the dam that creates the pond. Other debris was mentioned by public comment, on page 25 of 26 of the draft minutes of the meeting at the Varna Community Association on July 26. They mention several drums and several Cornell laboratory instruments, housing trailers. Supv Schug - They are not in the ground and we don't know if it is hazardous waste or not until we can go in and inspect it. Cl Grantham - The comments indicate that there is not just construction and demolition material, that there may be other material that could be hazardous. Atty Perkins - The only way we have of checking that was to determine whether or not the site was listed as a site on the Inactive Hazardous Waste Disposal Registry. Since we cannot go on the site and we don't know, we answered based on the information that we have. You could certainly expand on that if you want. Cl Grantham - So you are saying that the public comments are not reliable, that Chris Easton's observations are not reliable? Atty Perkins - We didn't have the minutes done. I just got them today. That is certainly something you could add there if it is reflected in the minutes. I did not have that in my notes. ZO Slater - Certainly there was no mention of what was in those drums. Cl Grantham - That's the point. Page 14 of 54 TB 8 -10 -99 Supv Schug - Chris said there were drums on top of the ground. We asked people who live in the area if they had seen or knew what was buried on the site and it was pretty much construction and demolition material that was hauled out when Marchell tore down a house, which is legal. You can bury that on your own property. oil. M Case - They took wallboard and plaster and other things and put up on that hill. D Potter - There were old asbestos shingles that went up there as well. E Evans - And a big old trailer. D Potter - My recollection is that Chris Easton said there were old oil drums, not just Supv Schug - He also said he didn't know what was in them, it could have been linseed M Case - There are old stoves and refrigerators up there also. Supv Schug - Read letters from Nancy Munkenbeck and Art & Debby Lecoq (originals in Lucente file) in opposition to the project. We have taken a lot of input, looked it over, and I'm sure all Board members take this seriously. Our job now is to go through Part 11. Erica Evans - Can Mr. Lucente also not go on this property. Is it posted to him also if he is going to develop there? Are you not allowed to go on Marchell's property? S Lucente - I have permission. Erica Evans - Then why can't he answer all these questions that we can't answer? Bob Harper, of Delta Engineers - I have been at the site numerous times and I didn't find any evidence of drums. Certainly the site has been used to dispose of hazardous and solid waste. There is an abandoned car up there, there is a trailer, and all these things will be removed in the proper manner prior to construction. Certainly it hasn't been used to dispose of hazardous waste over the years and all of our borings indicate that we didn't find anything other than construction debris and general fill. M Case - Have you taken samples of the water that is coming into basements from up there? B Harrier - We have nothing to indicate that water from our site goes directly into the basements, so there would be no need to. Supv Schug - There are 20 questions in part two, and the answer should be yes if there is any impact. Maybe answers should be considered as yes answers. Impact on Land. 1. Will the proposed action result in a physical change to the project site? Supv Schug - Examples that would apply to column 2. Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. 0 Cl Grantham - It is potentially large. Page 15 of 54 TB 8 -10 -99 Supv Schug - Can Impact be mitigated by project change? Cl T Hatfield - But it can be mitigated. Atty Perkins - No, I don't think it can be. Cl Grantham - No, it's the nature of the project. Atty Perkins - That's right. Supv Schug - Construction on land where the depth to the water table is less than three feet. Atty Perkins - I think the response on the EAF indicates the depth of the water table varies from 2 to 10 feet. Cl Grantham - Yes. Supv Schug - Moderate? Can impact be mitigated by project. change. Potentially large impact? Cl T Hatfield - How much of the site is less than 3 feet? Does anybody know? B Harper - A large percentage is. Cl Grantham - Yes, I think it is potentially large. B Hamer - Just near the pond where you get closer to ... Cl T Hatfield - So that would be a small to moderate impact. Supv Schug - Ok, do you accept that? Cl Grantham - Maybe. Supv Schug - Construction of paved parking area for 1,000 or more vehicles. Atty Perkins - You don't need to answer the ones that obviously not applicable. These are examples. Supv Schug - Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. You could not find bedrock, right? B Hamer - Right. Supv Schug - So that also is not applicable. Construction that will continue for more than 1 year or involved more than one phase or stage. Potentially large or moderate? This will go on for 3 to 5 years. Cl Grantham - I think that's large. Cl T Hatfield - I think market demand will determine that. Supv Schug - Potentially large impact. 0 Page 16 of 54 TB 8 -10-99 isCl Grantham - Yes. Atty Perkins - You need to answer if it can be mitigated by project change. The answer is no because if it goes on for three years, it goes on for three years. Supv Schug - Excavation for mini g is not applicable. Construction or expansion of a sanitary landfill is not applicable. Construction in a designated floodway. It is not in a floodway so it is not applicable. Other impacts? Ok, item 2. Cl Grantham - is this where we talk about drainage? Supv Schug - That is item 3 or 4. Atty Perkins - Item 6 Supv Schug - 2. Will there be an effect to any unique or unusual land forms found on the site? (ie, cliffs, dunes, geological formations, etc.) Cl Grantham - No. Cl T Hatfield - No. Supv Schug - Impact on Water - 3. Will proposed action affect any water body designated as protected under Articles 15, 24, 25 of the Environmental Conservation Law? Cl Grantham - Well, it will affect Fall Creek because it will affect the runoff that goes into Fall Creek, the quality of it and the rate at which it goes in. So the answer is yes. B Harner - The rate has to be equal or less than what exists today. We can't increase stormwater runoff on the site. Atty Perkins - I think that your concern Deb is under number 5. Number 3 really applies to actual work within protected areas. Supv Schug - So the answer should be no. Developable area of site contains a protected water body. Not applicable. water? Atty Perkins - You've answered no, so you can go on to the next one. Supv Schug - 4. Will proposed action affect any non - protected existing or new body of Cl T Hatfield - There is an existing pond, so the answer has to be yes on that one. Supv Schug - Do you agree? Cl Grantham - Yes. Supv Schug - A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. That's not applicable. Cl Grantham - It's the volume in construction. 0 Supv Schug - Surface areas. Page 17 of 54 TB 8 -10 -99 Atty Perkins -1 thought that you might consider that action requires the reconstruction • of an existing dam which was not built according to any plan or inspected at the time it was built. Cl Grantham - Right. Supv Schug - It will be a written in comment? Cl T Hatfield - Correct. C1 C Hatfield - Under other impacts? Atty Perkins - Yes. Supv Schug - Small to moderate or potentially large? Cl Grantham - Potentially large. Atty Perkins - You need to go on to column 3 Jim. Cl Grantham - And the answer is no because it is the nature of the project. Cl Beck - You can control the construction of the dam. Supv Schug - So we can mitigate it? Cl Grantham - Well you have to change it. . ZO Slater - Wouldn't you have to eliminate the dam in favor of some other change to make that be yes? Cl Grantham - Right, that's what I think. Supv Schug - So the answer to that question we just read should be ... Atty Perkins - If you feel that the action could be changed, or parts of the action could be controlled so as to mitigate the impact which you've identified. The impact is the reconstruction of the existing dam. That may have a potentially large impact. Can you mitigate that? Cl Beck - In construction you can certainly affect how that's done. B Hamer - We are required to get a NYS AECdam permit and follow their guidelines and requirements. Supv Schug - So is that a yes, it can be mitigated. Cl Beck - As far as reconstruction goes, I would say so. If you are talking about a hazard of having an increased volume of water in the dam, we probably can't. Supv Schug - Will the proposed action affect surface or ground water quality or quantity? The answer there is yes? Cl Grantham - Yes. • Page 18 of 54 TB $ -10 99 Supv Schug - The proposed action will require a discharge permit. Atty Perkins - Yes it does. Cl Grantham - Yes it does. It's the pond. ZO Slater - It requires a SPDES permit. Supv Schug - So that is a potentially large impact? Atty Perkins - Yes. Cl Grantham - Yes. We have to do column three, can impact be mitigated by a project change. Cl Beck - I suppose you have to assume if the permit is obtained it's mitigated if it meets the requirements. Atty Perkins - You are still going to have a discharge whether you have a permit or not, so 1 don't think the impact can be mitigated. Cl Beck - It's no then. Atty Perkins - Right. Supv Schug - Proposed action requires the use of a source of water that does not have approval to serve proposed (project) action. Cl Grantham - Doesn't apply. Supv Schug - Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Not applicable. Construction or operation causing any contamination of a water supply system. Cl Grantham - I think that is potentially large, during and after construction. Supv Schug - OK. Can that be mitigated? Atty Perkins - What is the water supply system you are concerned about? Cl Grantham - Fall Creek. It's a water supply. Cl C Hatfield - Does that mean a human water system? Cl Beck - People's wells? Supv Schug - We don't have any wells there. Cl T Hatfield - Everybody is on public water. Cl Grantham - But runoff from the site could cause contamination to Fall Creek which is a public water supply. ® Cl T Hatfield - It could. So it could potentially be significant, but it could be mitigated. Page 19 of 54 TB 8 -10 -99 Cl Grantham - Yes, it's potential. • Supv Schug - It can be mitigated? Cl Grantham - Well, its not designed in the project now, but it could be with a change. Supv Schug - So the answer is yes. Atty Perkins - The size of the impact. Cl Grantham - Potentially large. Supv Schug - Proposed action will adversely affect groundwater. Atty Perkins - I think at this particular time you need to look at what is existing there and what may happen in the fixture. You've heard comments about the fact that there are flooding problems in basements which are down site from this project. The theme is that we did not have these problems before the dam was built and now you are going to have work on this darn, so there may be an impact here. And since there may be an impact, I think you have to answer the question yes and determine the size of the impact and where it can be mitigated. Supv Schug - Potentially large impact? Cl T Hatfield - Potentially large impact. Cl Grantham - I think it could. Supv $chug - Can it be mitigated? • Atty Perkins - If you know what the cause of the flooding is, whether it's the dam or not then it probably can be mitigated. Supv Schug - If it is going into the ground water then the dam may have to be lined, but it could be mitigated. ZO Slater - Could I ask a question? I'm a bit lost here. It is my understanding the only way you can answer no to a large potential impact is if something other than what is proposed in the project can replace, otherwise, we go to part three and we determine really if mitigation of these items will overcome the problem. We don't decide it here, we decide it over here. Now, is that your understanding, Mahlon? We have no choice unless a substitute or ... Atty Perkins - Part Three is prepared if one or more impacts is considered to be potentially large, even if the impacts may be mitigated. So we'll put any impact that you have said is a potentially large impact. You are going to go and address it in Part Three. ZO Slater - But we can only answer yes if we can substitute something, for instance in place of the dam, otherwise... Atty Perkins - Which you are going to address in Part Three, ZO Slater - Otherwise we have to answer no to that question unless it's a substitution for what the project is being proposed as. That is my understanding. Atty Perkins - It may be conditions which are attached. 0 Page 20 of 54 TB K -10 -99 ® ZO Slater - Then we'll have to note those. Atty Perkins - That's what you do in Part Three. Martha Case - The house next door to me, where the garage used to be, that is on a well. That is not city water. It is hooked to well water. It is empty at the present time. The sewer is also a septic tank. Supv Schug - Is that part of the property that you are looking to buy? S Lucente - No. B Harrier - Is it the one on the hill that is going to be removed? M Case - The little white place next door to me. S Lucente - Yes, we are buying that. B Harrier - That gets demolished for the road. M Case - It's a barn with an apartment upstairs. Supv Schug - So that will be coming out? S Lucente - Yes. Supv Schug - That answers that question. M Case - Another I'd like to mention, ,two years ago in January our firemen pumped water for six hours straight up there at the church. We had three feet of water in the church basement and there was water coming out of the white house next door to me and they were pushing it over on me, and I'm pumping it from there. VVhen I mentioned it and said you'd better get another hose, they said I don't think our boss wants me to do it. I said you'd better because you're going to get sued otherwise. You can't push water onto somebody else. Supv Schug - Did they get another hose? M Case - No we haven't had that much rain since. But I came home from church and my driveway was flooded and it was freezing over. Supv Schug - That was in the minutes prior. M Case - That happens quite often. Cl Grantham - We're still on will adversely affect groundwater, right? Supv Schug - Yes. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Not applicable. Cl Grantham - But the one above that, did we finish that one? Supv Schug - Proposed Action will adversely affect groundwater. We marked that potentially large impact. Can it be mitigated? We marked yes. Page 21 of 54 TB S -1 U -99 C1 Grantham - So I don't know how we can say yes if we don't know what the source of • the problem is. Atty Perkins - You could say no because you don't know the source of the problem either. That's why you have part three. Cl Grantham - Okay. Supv Schug - Proposed action would use water in excess of 20,000 gallons per day. Robin Masson - Could I ask you to clarify whether you're saying yes or no to that previous question. Because I hear yes on this side and no on this side, and I don't hear a consensus as to what the answer is going to be marked. win it? Supv Schug - It would have to be mitigated in Part Three, it can't be yes or no. R Masson - Okay, thank you. Supv Schug - Proposed action would use water in excess of 20,000 gallons per day. S Lucente - Yes. Supv Schug - But that is from the water plan, correct? S Lucente - Yes. Atty Perkins - That really refers to if you are pumping groundwater. Cl Beck - So its an n/a there. Supv Schug - Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Cl Grantham -Well it could, yes. Erosion from ... Cl T Hatfield - There is a difference between likely and that it could happen. I agree that it could happen. Cl Grantham - But is potential large impact. Potential is the key here. Cl Beck - During construction you could have siltation if they don't do their construction properly. life... Cl Grantham - And if the drainage isn't done right, they could have it throughout the Supv Schug - Yes it can be mitigated. Okay, Deb? Cl Grantham - Yes. Supv Schug - Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Not applicable, correct? 0 Page 22 of 54 TB 8 -1Q -99 • Cl T Hatfield - Correct. Supv Schug - Proposed action will allow residential uses in areas without water and /or sewer services. Not applicable. Proposed action locates commercial and /or industrial uses which may require new or expansion of existing waste treatment and /or storage facilities. Again, that's not applicable. Any other impacts? K Finkelstein asked what the answer to the question regarding liquid effluent was and was told "not applicable". Supv Schug - Item 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Board - Yes. Supv Schug - Proposed action would change flood water flows. Potentially large? Board - Yes. Supv Schug - Can it be mitigated? Cl T Hatfield - They can mitigate it.. Supv Schug - Proposed action may cause substantial erosion. Cl Grantham - It might. 61 Cl Beck - Right. Supv Schug - Potentially large? Cl Grantham - Yes. Supv Schug - Can it be mitigated? Board - Yes. Supv Schug - Proposed action is incompatible with existing drainage patterns. Existing drainage patterns ... Cl T Hatfield - Are already a disaster. Cl Beck - I guess we should say it better be. Cl T Hatfield - It better be a large impact. Supv Schug - Can it be mitigated? Yes. Proposed action will allow development in a designated floodway. Not applicable. Any other impacts you'd like noted? Atty Perkins - Other impacts there will be the dredging of the existing unnamed stream from the site to Route 336. That may have some impact. I leave it to you to determine the size of the impact. ® Supv Schug - Sludge they'll dig out? Page 23 of 54 TB 8 -10 -99 Atty Perkins - Right. • Supv Schug - What say you folks? barge? Cl Grantham - I think so. Cl T Hatfield - Certainly the potential is there for a large impact. Supv Schug - Can it be mitigated? Cl T Hatfield - They-1l have to mitigate as they go along, and get a permit. Supv Schug - If there is something in that sludge it will be scooped up and taken away. Item ?, Impact on Air, will proposed actions affect air quality? Atty Perkins - If you are unsure how to answer the question, you can look at some of the examples. Supv Schug - Will the action induce 1,000 or more trips a day in any given hour? No. Proposed action will result in the incineration of more than one ton of refuse per hour. No. Emission rate of total contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million BTU's per hour. No. Proposed action will allow an increase in the amount of land committed to industrial use. That's not applicable. Proposed action will allow an increase in the density of industrial development within existing industrial areas. No. If guess for impact on air well have to say no. Do you agree? Board indicated approval. 0 Supv Schug - Impact on Plants and Animals. Will proposed action affect any threatened or endangered species? Cl T Hatfield - No, there is none there. Supv Schug -®Jill proposed action substantially affect non threatened or non - endangered species? Cl T Hatfield - No. C1 Grantham - I don't know. Supv Schug - The answer is no. D Potter - What is the potential damage to the pond? Is that going to take away the animal life that is in there now? B Harrier - It will remain the same size. D Potter - You are going to change it. While you are doing that, there are salamanders and that kind of thing. Are you going to leave them unharmed or are you going to dredge with them in it? B Harner - Right now the existing embankment is undermined, so it is very shallow as it exists today. • Page 24 of 54 TB 8-10-99 upv Schug - i doubt that there is much in there but pollywogs at the present time, May be when Mr. Lucente gets the darn built properly and gets the drainage set up would like to buy some goldfish and put up there, D Potter - My paint is, frogs, salamanders, that type of pond life coot be relocated. They are there for the duratxoxi. So if you get rid of them then you have nothing, So you are in fact going too ., Supv Schug - They'll came back once you get the pond built. D Potter � But you are saying existing, .. , upv Schug - Will proposed action substantially affect non�d eatened or non - endangered species? Examples are: Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species_ No. Proposed action requires the removal of more than 10 acres of mature forest (aver 100 years of age) or other locally important vegetation- No. So the answer to 9 is No. Impact on Agricutural Land Resources_ Will the proposed action meet agricultural land resources? Cl Grantham - No. upv Schug - Will the proposed action affect aesthetic resources? Read through the examples. Dv you agree that that's no? Board - i'es. Supv Schug - Impact on 1-hstoric and Archaeological Resources_ Will the proposed action impact any site or structure of historic, prehistoric or paleontological importance? No, but they could write yes to anything because there's fossils everywhere. Erica Evans - Not these. Supv Schug - Impact on Open Space and Recreation. Will proposed action affect the quantity or quality of existing or future opera spaces or recreational opportunities? Cl Grantham - Yes, it has a potential impact on the proposed trail. upv Schug - What would the impact on the proposed trail lie? 1 Grantham - Well, if we don' have an easement we don't have a trail. Supv Schug - He's agreed to give us one_ C1 Grantham - So it can be mitigated_ Supv Schug - Da you want to say yes and it can be mitigated? C1 Grantham - Yes, I'd put that under other impacts an that one, upv Schug - Impact on Critical Environmental Areas. WW proposed action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant, to subdivision 6 NYCRR 617.140_ No. Do you agree? Page 25 of 54 TB 8 =10 -99 Cl Grantham - Correct, its No. • Supv Schug - Impact on Transportation - Will there be an effect to existing transportation systems? Cl Beck - Yes. Supv Schug - Alteration of present patterns of movement of people and /or goods. Major traffic problems. Large Impact? Cl Grantham - Yes. Supv Schug - Can it be mitigated? I think the alteration of present patters of movement of people and /or goods is not applicable. Cl Beck - Sure is its, construction, buses ... Supv Schug - Large impact. - yes Supv Schug - Can it be mitigated? Cl Grantham - Not as the project is proposed. R Masson - Only by reducing the size of the project. Significantly. Cl T Hatfield - I don't know that I agree with that statement. It can be mitigated. 1 • think the whole area with respect to access is going to have some changes, maybe significant changes. I think we need to find out what the mitigations can be, but it can be mitigated. Traffic is traffic wherever you put it. Supv Schug - Other impacts? Anyone have any write -ins? Cl Grantham - Well, we had alteration as potential... Supv Schug - Yes, potential large impact, mitigate it, yes. Cl Beck - I'd say you probably can't mitigate the alteration of the pattern, but you can mitigate the traffic problem. Cl Grantham - You can mitigate by reducing the size of the project, I think. Cl T Hatfield - Or relocating access routes, there is a number of things to do. Atty Perkins - I would agree with you that you are not going to be able to change the alteration of the present pattem. Change is change. If you agree that there are going to be major traffic problems and a potential large impact, you have to decide whether there is possible mitigation. Cl T Hatfield - So the answer is yes. Cl Beek - Right. (0 Page 26 of 54 TB 8 -10 -99 Supv Schug - Impact on Energy. Will the proposed action affect the community's sources of fuel or energy supply. Cl Grantham - No. Supv Schug - Will there be objectionable odors, noise, or vibration as a result of the proposed action? Cl Grantham - Yes. Cl Beck - There is going to be some noise. Cl T Hatfield - So it is a small impact. Cl Grantham - Back on page 6 we said that it is a large impact, that construction will continue for more than one year and involve more than one phase or stage. We said that is a potential large impact. Cl C Hatfield - But we are talking about odors here. Cl Grantham - But the odors are coming from construction and the noise, and on one question we say that it is a potentially large impact because of how long it would last. Cl C Hatfield - Because you've got them all grouped together there, it would be a big impact, because you've got four things involved. You 've only got one thing here. Cl Grantham - No, impact on land. Construction that will continue for more than one year and involve more than one phase or stage. We said it was a potential large impact. Cl Beck - On the land. Cl Grantham - And here we're saying that there are odors and operating noises associated with the construction. We are already saying the construction is going to go on for more than a year. Three to five years. Cl T Hatfield - It seems to me that we have a difference here because if you are going to have six buildings you are not going to be building them over five years. That's 150 months nonstop. You can build a building of that nature probably in 90 to 120 days depending on pace and other things, but they are not going to be there continuously for five years. I think there is an impact. I think it is small to moderate. Dawn Potter - I tend to disagree with you on that Tom, because even in the wintertime you will be having trucks going in %vith deliveries hauling drywall for inside jobs. That is not something that is only going to be done in the summertime. Cl T Hatfield - I said it's a 120 day build out time. You can't afford to have a contractor in there a whole lot more I don't think. C1 Grantham - There's not just the building. There's grading and so on. Cl T Hatfield - That will have to be done in the first year. Cl Grantham - So more than a year then. Cl T Hatfield - Where does it put this in a time frame? Page 27 of 54 TB 8 -10 -99 Cl C Hatfield - Even if it is a large impact, it's going to be mitigated isn't it? • Cl Grantham - No. It's going to happen. You can't mitigate it except by making the project smaller. Atty Perkins - I think the question addresses the end result of the action, after it is completed. Supv Schug - the result of the proposed project. Cl T Hatfield - It says "as a result of". Atty Perkins - The prior question under number 1 talks about the cumulative effect of all of the impacts during construction. Cl T Hatfield - If this is after completion then the answer should be no on 17. Atty Perkins - I think that certainly you should acknowledge that there temporarily may be odors during construction, from diesels, etc. K Finkelstein - That would be other impacts it seems, because that's a temporary... C1 T Hatfield - That would be during the construction period. Supv Schug - Impact on public health. Will proposed affect public health and safety? Atty Perkins - Will you go back to how you have answered the size of the impact that you identified as other, temporarily during construction? Odor. R Masson - Safety even after construction. Cl T Hatfield - We're back to question 17. Supv Schug - If there talking about hazardous waste and all, I don't think there is an impact on public health and safety. I guess we 've addressed the dam and that would be safety if the dam broke or let go, and that was answered someplace else. Impact on Public Health, you say no. Cl Grantham - So we already talked about traffic. At:ty Perkins - Right and we covered the dam problem. Cl T Hatfield - We need to back number 17 Jim, under other impacts, for noise and odor during construction phases. How do we answer that? Supv Schug - That's a potential large impact? Can it be mitigated? Cl T Hatfield - We can limit hours of operation, require mufflers on equipment. Screening was suggested and it was pointed out that a good deal of existing vegetation would be left to act as screening. Supv Schug - The impact on public health was no. Impact on Growth and Character or neighborhood. Will the proposed action affect the character of the existing community? 0 Page 28 of 54 TB 8-10-99 0 Cl Grantham - Yes. Supv Schug - The permanent population of the city, town, or village in which the project is located is likely to grow by more than 59/4. 1 Grantham - Yes. Supv Schug - Can it be mitigated? No. Attar Perkins - Tait a minute you are a talking about the whole town here. The permanent population of the city, town or village ire which the project is to caged Erica Frans � Village, let's talk about the Village. Potter - It's a hamlet. Cl Grantham - But it says examples that would apply. And I think we could say hamlet there. Atty Perkins - You cart ignom the plain language if you want, but that is not the way it is intended, I assure you Supv Schug - So you are saying .. , Cl T Hatfield - It is not applicable_ K Finkelstein - I don't understazld that., _ Masson - That is just an example_ It is not meant to be limited to governmental subdivisions. A hamlet is easily a defined community and it wiU have a major effect on it. Atty Perkins -The very nature of a hamlet is that it is not a defined community, it is not an incorporated area or governmental unit. Cities, towns and villages are by statute. J kaley - It is not incorporated but it %s a desiWiated community location atxd is recognized by the US census. Iri that context it represents a community, There is nothing in the SEAR process that says that you would not recogri;2e this as a community. The issue here is - I think spreading the population out over the whole town doesn't make sense. Supv Schug - Will proposed action affect the character of the existing community? We're saying yes_ Let's not beat it to death here. The mionicipal budget for capital e`Penditures or operating services will increase by more that 5 °/o per year as a result of the project. I don't believe that is the cause. Not applicable_ Pmposed action will conflict with officially adopted plans and goals. AtkY Perkins - Well, I think you are going to have to answer this that there may be same L I'll leave it to you to decide the S of it because you still have to make a determination that this project is in the over all ..,. Supv Schug Potentially large impact? Cl Grantham - Yes_ 0 upv Schug - Can it be mitigated? Page 29 of 54 TB 8 -10 -99 1 Beck - There again it is officially and it is certainly In conflict with Varna's plan& E Evans � No, with the Town of Dryden's Plan. Supt/ fihug - The Zoning Ordinance takes preference over the long range plan. Atty Perkins - I think the real question is the next one, Supv Schxlg - Proposed action will cause a, change in the density of land use. Cl Grantham - It can be mitigated by a project change. Supv chug - Proposed action will replace or elimtnate existing facilities, strum ms, or areas o €historic importance W the community. Not applicable. Proposed action will create a demand for additional co- m- murxity services, schools, police, fire and so forth. 1 Grantham - Potentially large. C1 T Hatfield - I don't know. On balance it will create new residents and move residents around. Finkelstein - That's what my letter was all about. 1 T Hatfield - l know- 'That's what I'm saying, This moves people from within the community. You aren't plarTA g on brmging new people into this community? K )Finkelstein - There is not enough room in the school system that serves Varna_ Therefore, it's going to -make a lame impact, O1 Grantham - We don't know if people who live in the community .. , 1 T Hatfield -You Ve got to get that from the school district. J Skaley - Wait a minute, Tom. The developer has to provide that under the SEQR process. It Is xmnt up to the citizens. Supv Schug 4 That's correct. C1 T Hatfield - I'm joust saying that is his opinion. Its Tine. I accept 11bat, but you are telling Jae that tj_iis is going to create a brand new demand on the Ithaca City School System. That's what the specifics of this question are . E Evans -You are movixxg citizens from one area to another which means that you need more buses in that area and you are burdening the school system by - roving things around, K Finkelstein - For instance, Cayuga Heights does not have a bus, but Varna has a bus to bring the kids to the same school, so that changes the services required, As an example. 1 Grantham - You also can't assume that the people are just moving within the school district, They may be moving in from entirely outside of the County. C1 ]deck � It's unknown where these people will come from. G Potter - We may be talking about having to build a new elementary school. Is Page 30 of 34 TB 3 -0 =0 0 K AxAelstein - You are talking about twice the number of children that go from Varna now. The community is Varna- The community is riot the whole district. It is the same thing as distributing it over the whole town of Dryden versus over Varna. It sags commuz�jty. Maybe the problem here is that you don't consider Varna a community. I T Hatfield - That's not even relevant. to the question were got here. This a question regarding the impact on schools which is the Ithaca City School District which services that part of the Town, which is important. K Finkelstein � Community services is the looal school. Cl T Hatfield - Ithaca City School District, correct? K Finkelstein - Local school, Cl T Hatfield - Cayuga Heights school is not part of Ithaca pity Schools, That's like saying Freevilie and Cassavant aren't part of IDrydem J Skaley - District services different sectors by different schools. Therefore, people from [Varna could be bussed to Caroline, for example. They could be bussed to Beverly Martin. Those are changes. C1 T Hatfield - Ithaca has open enrollment. X Finkelstein - Cayuga Heights does not because they don't have room for it. J Skaley - It is up to the individual pa incipal at the individual school. C1 T Hatfield - I agree it has an impact, but it is a small to moderate impact, I agree with that, upv Schug - The proposed action will set an important precedent for future products. Atty Perkins w I think this example is intended to addxess the situation whereby approving one action others will automatically follow. In order words where one has #o be a condition precedent for others. That's not the case here because you are looking at the totality of the project even if it takes five years is build ail the units. Potter - Yau're telling me that if this project goes through that the farmer down the road cant put up 300 apartments on his land, on 40 acres? upv $chug , Na# without a spe6al permit. 1 CHatfield � Not without doing the same thing this gay's doing- upv Schug - The proposed action will create or eliminate employment, Cl Grantham - Small to moderate, Cl T Hatld - Small to moderate. isgoats? Atty Perkins - Did you reach a consensutg on will conflict with officially adopted plans or Page 31 of 54 T6 8 -i0 =99 Supv Schug - Yeah, we said potentially 1;rge impact. Atty Perkins - And can it be mitigated? upv Schug - No_ Cl Grantham - S a, Jim, would you mind just going through that list and reading what you have, Supv $thug = OK The answer is yes. The first item is not applicable. The second item is not applicable. The third item was will proposed action conflict with officially adopted plans or goofs. Potential large impact. Can it be mitigated? No. The next one is proposed action will cause a change in the density of land use. Potentially large. Can it be mitigated? 'Yes. The next one is not applicable. Development will create a demand for additional community service s— sehouls, police, fire and so forth Small to moderate impact, Proposed action will set an important precedent. Not applicable. Proposed action will create or eliminate employment. Small to moderate impact_ Anybody have any specifics they'd like to write in. Cl T Hatfield - Why did we choose to say that it will conflict with officially adopted plans or geals? . Cl Grantham - Because we still have to go through the special permit process I think is the reasoning. Cl T Hatfield - That's fine. Thera it shouldn't be a no, it should be yes because a special permit allows that to be mitigated_ Wouldn't that be a better way to answer that? upv Schug - DG you want to change that? Large impact, can be mitigated? 0 Atty Perkins - I had a similar question. There are two questions that have different responses. Cl Beck - That's what I thought. Cl Grantham - Wlikh, two questions? Airy Perkins - Proposed action will eontlict with offilia y adopted plans or goals anti the one foUowang, the proposed action will cause a change in the density of land use_ You can address that in Part Three. upv Schug - Is there or is there likely to be public controversy related to potential adverse environmental impacts? Cl Grantham - I would say so. Atty Perkins -1 think it is important what Part 'T`hree is intended to do and again, the process you are gu rig through is going to lead you to making a determination of whether there are significant impacts here that are adverse. 1Vnt every significant impact will have an advetse effect. Preparing Part Tl ree you are going to address those i.axpacts you identified in column two of the twenty questions of having a potentially large impact_ You should briefly describe the impact, describe haw the impact could be mitigated or reduced to a small or moderate impact by project changes. Based on the information available decide if it is reasonable to conclude that the impact is important. They give you some criteria to annswer the questiari of importance, considering the probability of the %,upact occurring, the durat$on of the impact, the irreversibility, inriuding lost resources of value, whether the kapact can or will be controlled, Page 32 of 54 TB S-] 049 the regional consequence of the impact, its potential divergence from local needs and goals, and whether known objections to the project relate to this impact. So you really need to use those criteria in determining whether or n.ot an' m MP is important, Cl Grantham - We need to look at all the ones that are potential large impact, whether we said yes or no to can it be mitigated. Atty Perkins - That's correct, Supv Schug - Impa.ct on Land_ Any construction on slopes 15% or greater where the general slopes i m the project area exceed 10%- Large impact, Can that be mitigated? B Harrier - Yes, proper grading and so forth_ Atty Perkins - Let's talk about what the impact is first. When you have construction on slopes of 15% or greater, what is the potential impact? 1 Grantham - Erosion, runoff, 1 T Hatfield - Contamination of downstream water. Supv Schug - This is impact on the land. Mater and stuff comes later. 1 T Hatfield - So that would be erosion a ad those types of things as far as effects on the land. Supv Schug - And construction on land where the depth to the water table is less than three feet. Small to moderate impact, Atty Perlans - Wait, all we 've done is describe the impact on the first one. How can the impact be mitig€ bod or reduced to a small or moderate impact by a project change? C;1 T Hatfield - The developer has to fallow approved DEC and related protcedure including use of appropriate retention fences, C±1 Grantham � First of all, they have to have a grading plan. We said it could be mitigated by grading, but don't have a grading plan. So we have to have somedling that shows the grading. Second, to evntrol erasion during construction we need to see erosion control plans and you cad'e't do that until you have a grading plan. B Harney � As far as the SPEDES permit and the stormwater discharge, we need to have a plan in place prior to construction, Supv Schug This is impact on land, not an water_ Construction that will continue for more than 1 year of involve more than one phase or stage. Potentially large impact. Can it be mitigated or how woWd it be mitigated? Cl Beck - If it is going to continue for more than a year, it seeins there's not much you can do about it_ C1 G=rantham - The impact is just the duration of the noise and all that stuff. Cl T Hatfield - I thin it's a, little more than that_ 'There is a noi� impact of 10 construction and a traffic impact of construction. Those are definite impacts, Page 31 of 54 TB S -]0 -99 Cl Grantham - But we are talldrng about the duration mainly, 0 Cl T Hatfield - If we're specifically talking about land I guess it goes back to potential for erosion and things of that nature that continue to exist over the duration of the project, Atty Perk ns � Certainly there is an increased risk of erosion during coristructiOnr upv Schug � Maybe this would he a good place as part of the contractor doing woric during this time when he is excavating and grading, if he finds anything that looks as though it may be contaminated or oil drums or whatever, he notifies the DEC and the Town right away- Atty Perldns -That can be a condition. G Patter - You're telling me, that a contractor is going to uncover five oil drums and he is goirYg to call you right away fora $10,000 toxic waste cleanup? O Slater - He has no choice, He has to call the DEC Spills network in Syracuse immediately. C1 Grantham - It doesn't even have anything fin do with this, The discusmon is out of place. I thi t* that discussion goes under suxface or groundwater quality or quantity- Supv Schug - We can do it there too, Deb. I just think it is sntnething to watch for and should be the responsibility of the contractor. C1 Grantham - So the potential impact i-s uncovering hazardous wsste- Atty, Perkins - You really need to go bock to the first one which you haven't finished. You identified the impact as erosion, runoff and siltation- You identified urys that the impact could be mitigated or reduced to a small or moderate degree by empioying generally accepted methods to control impact during and following construction through preparation of grading plan, preparation of erosion control plan, compliance with SPEDES discharge permits, but you never really addressed whether that impact was important, You have to make a determination whether that it is an important impact- 1 Graath<m - It is a eery important impact, There is a very high probability of impact. The duration is throughout the construction. There are known objections to the project which relate to this impact, so I would say it is very =portant- The Board concurred. Atty Perkins -The next one is part and parcel of the first one. It is gnin� to he a project that does take mare than om year- The contras of erosion during construction and the identification and noti:5j na the proper authorities of any was which reveal hazardous waste continue to be important. Cl T Hatfield- What did, you have for number four? Atty Perkins - Under other impacts I wrote in reconstniction of existing dux which was not built according to any plan or inspected at the time it was built. This is a potentially large I mpact. The impacts would be what? Cl Beck - Failure of the dam would he one. Atty Perkins - $efore, during and following construction. Page 34 of 54 TB 8 -10 -99 Supv Schug - Seepage contaminating groundwater_ Atty Nxkins - I think we're going to cover that so7�tewhere else, under 5, l Grantham � I think again there is a possibih -ty of uncovenrig hazardous waste_ There is a passibility, depending on what time of year it is being done, that while the dam is being reconstructed of drainage problems down below Atty Perkins - A lot of these are the same impacts you identified m number 1, which can be addressed by employing generally accepted methods to control surface water runoff during and following construction, including the preparation of a grading plant and erosion control plan in compliance with the conditions of a SPEDES discharge permit- C l Grantham - And hazardous waste reporting, Supv $chug - That's an important one, Atty Perl&ins - You care in agreement that this is an important impact. Supv Schug - 1 agree, Do you, Deb? Gl Grantham - Yes- Supv Schug - Weise down to S_ Proposed action will require a discharge pennon, and the answer was large impact_ Atty Perkins - The discharge permit will speak for itself with respect to conditions. Supv Schug - So we can drop down to construction or operation causing any contamination of a water supply system. Potentially lame impact. 1 T Hatfield - There again you ire got a potential of unearthing hazardous waste, seepage down through the pond. Atty Perkins - Isn't it a bigger question than just seepage through the bottom of the pond? Isn't it a question of disturbing the site which may affect downstream groundwater? Cl T Hatfield - Yes. Gl Grantham - Yes_ Supv S chug - Contamination, but not the water supply system, Atty Perkins - If there is an individual who has a well.,, Supv Schug - There is only one that we know of and it is going to be torn down. Cl Grantham - Fall Cieck is a water supply for ComeLl R Masson - And Fall Greek eventually ends up in the lake. C1 T Hatfield W It is not a water supply ,system. It's a water source- 0 Page 35 of 54 TB 5 -10 -99 G Potter - Cornell draws its dxii h water from less than a mile downstream of where that is going to c`Tuss the road. That's a question I 've gat. They are tallcing about a thirty year. old water and sewer systexu, down through there. Is that system designed big enough for this? Supv Schug - I believe it is. G Potter - I doca t want to end up paying for axnother 30 years to put a new systexu through there. This system just gnt paid for this year_ Supv S chug - If there is 0 and M or leaks it has to be repaired. That's why we set aside so much money every year to do that thing. G Patter I - 9 an asbestos transite pi pe in the old system_ is the water main big enough? Is the sewer main big enough to -hold this? Supv Schug - As far as T know, yes. G Potter - When my basement floods, I'll call you. klas Holton Point given a determination that this system will held these 170 apartments, Supv Schug - Yes, i believe they have_ A+I Case -Where are they going to hook an the wester system if it goes through. Potter - They'll have to run an 8" main up the hill. Where are they going to tap in, by Molly's house? Supv Schug -'They have to do it on their property and taps are done all the time, 9 M Case - L thought they'd take it up Mt Pleasant load. A en't they god clown the railroad track with it. Supv Si ug - I ]gave no idea. There is no design plan. J Stevens - So is the answex to that that -it is a potential large impact? Supv Schug - Yes_ Atty Perkins - Can we go back to the discharge penxxit? Did we determine whether or not the impacts were identified are important? 1 Grandiam T We're in the discharge permit now? Atty Perkins - First example in number _ Supv $chug � Doesn't that Idnd of answer itself? A discharge pernait is required by the DEC. Is it important? Cl T Hatfield - The fact that it needs a permit makes it important_ Supv Schug - I agree, don't you. Cl Grantham - Yes. Pagc 36 of 54 TB 9 =101 99 Atty. Perltins - All of the issues which you will hereafter identify with respect to drainage and other things will pertain to tine same question. I think probably you'll want to answer that question along with proposed action will likely cause siltation, and answer those together. You could answer all of them and most of number 6. 1 Grantham - By what? Atty Perkins - By the same analysis_ The ones that you may want to answer differently and not use the same analysis have to do with the impact identified for the construction or operation causir9 any contamination of a water supply system, and proposed action will adversely affect groundwater_ I think those should be handled separately. If you want to group a number of therm together, it is probably appropriate. and _ Cl T Hatfield � Let's do it. Cl Grantham - I'd agree with all the items under 6 being grouped with the items in 1 Attu Perkins - Discharge permit? C1 Grantham - Well, it's not just discharge permit. Discharge permit has to do with the pond_ It's also graving, planting and erosion, control plan, upv Schug - Six under there too? Atty Perkins - I'm not clear what we're putting them under .. , 0 C1 Grant ha= - I think that numb4!r 1, number 4 and number 6 are drawing the same conclusions. There is increased potential for erosion and runoff, and in uncovering hazardou.4; waste, and impaOmg drainage down below. They could be mitigated with grading plans, erasion control plans, compliance with SPIED ES, hazardous waste reporting and they are all important impacts. We're going to look at five separately. Atty Perkins - Will the fact that the action requires a discharge pet-wit make are important impact? Part of the impacting is the disturbance of the ground, more than five acres and the pond_ Is that correct? The disturbance of over five acres plus the pored is what triggers the discharge. Aren't those really impacts you have already identified in 1, 4, and 6. upv Srhug - Are you on item 6 or are you on items within #5? Atli Perkins - I thought that we had resolved that 1, 4, and 6 were answered together by the answers you had previously given for number 1 and number 4. 1 Grantham - Now we are looking at items under #5. And what are you asking about the discharge permit? Atty Perkins - It seems to me that the impacts that need to be identified with respect to that are the ,same that have been identified already because those are what trigger the need for a permit and it is therefore an important impact. 1 Grantham - Yes. C1 T Hatfield - And that covers all four of those items. Can we group those four together? lags 37 ol-54 TS 8 -10 -99 Cl Grantham - No. I disagree, I think that the discharge permit can be gmuped with questions 1, 4 and 6- But I think the construction or operation cau b na any contamf ation of a water supply system is different because there is also contaminants other than sediments .... 1 T Hatfield � Ok, I can live with that. You want to taut the answer to t cL discharge permit with 1, 4, and 6- Cl Grantham - yes, Cl T Hatfield - And group the other three items under five together. They are all in essence part of the same thing, and these are examples- C1 Grantham Yes- C1 T Hatfield - The impacts being the potential to disrupt existing t1olrs, unearthing hazardous materials.._ 1 Grantham - And the potential for xtnn -point source pollution from the site after construction is completed as vvexf as exosiou during construction. upv Schug - Can we ask the developer to address the downstream control of water coming off that site? Cl T Hatfie)d - I think that's one of the mitigations we can require. 1 Grantham - That the pond provides some truatmenk, not just storage. J Skaley - I have a question on that. uppasmi g the downstream people don't give permissio -n for any dredging or other things that may need to happen on the property. The Town carat enforce anyth r)S, can they? upv Schug -They could, Why mould a person who is having a problem like Mr. Chen object to granting an easement to fix that? J Skaiey � He may or may -not, but how would you know- He's always got the option of saying yes or na- If this goes on and on, stream maintenance is an ongoing process, not something you do once and be done. Supv Schug - He may have to give an easement to maintain the stream. Atty Perldns - You're talking about implementation, -not recommendations, Let's get to that point first- upv chug - What w are saying i we s that the developer is responsible for the downstream control of the water. In other words, like Molly said, you can't just take wader and dump it off your site into someone's basement. Atty Perkins - Construction or operation of any causing any contamination of a water supply system. Non -paint source pollution has been identified as a potential impact. Are there any others? Cl T Hatfield W Uncovering hazardous waste- 1 Grantham - Erosion. 0 PaW 39 of 54 TB 8- 10-99 Atty Perkins - So many of the impacts identified in 1, 4 and 6. Cl Grantham � Yes. Cl T Hatfield � That's why I thought you VMre gmupizrg that one with them, Cl Grantham � I think that the mitigations may he a little different because of the non= point source, Atty Perkins - How about if we said potential for non -point source pollution, plus the impacts previously identified iu 1, 4 and 6_ 5? 1 Grantham - Okay_ Is it a very imporUnt impact for those three items under number Atty Perkins - No. Cl Grantham - I think that we lumped them, right, pretty much? Cl T Hatfield - and they are important, Cl Grantham - I think that mitigation can include treatment of runoff, not just retention for quantity issues, Atty Perkins - As I understand it, #5 and the impacts which are identified include all of the impacts previously identified in questions 1, 4 and b, as well as the possibility far non point source pollution. Cl Grantham - Yes. Atty Perkins - And the mitigation might include the treatment of the runoff as well as the retention of the runoff' is that what you are looking at, lb? Cl Grantham - Yes, and the mitigation that we identified for the others. Atty Perkins - Right. Six we've really covered because we grouped 1, 4 and 6. Seven the answer is na. Eight the answer is no. Nina the answer is no. Ten no. Eleven no. Twelve no. issue. upv Schug - Thirteen was impact on open space and Xatreation. C1 T Hatfield - Our answer there was the trail. Atty Perkins - That xs an important izupact. Cl T Hatfield - And can he mitigated by an easement to the town for the trail. Cl Grantham - And maybe buffering of some kind, Atty Per%ns -Let's identify the impact that might result in buffering as a mitigation Cl Grantham - Noise and light from the project to the trail and visual impact. Atty Perkins - 143 no. 15, no- 16, no. P•dge 39 of 54 TS 8 -10 -99 C1 Grantham - 15 was yes. 0 Atty Perkins - Pard *n me, yes. Supv Schug - Imp€rct on Transportation. CI T FIatfield - That's an important impact. CI Grantham - It's increased traffic, higher demand for public transit. Supv Schug - But part of that has been put forth and the answer to that is buses going up through the property. So part of that has been addressed already_ 13 at J think the traffic patterns and t}3e movement of traffic safely is something that working with DOT and the engineers can be solved, like site distance. Cl T Hatfield -It's important that they address it properly and make sure they explore every alternative for i Wess and egress with respect to the project as well. Atty Perkins - So the impacts are increased traffic, higher demand for public transit._. C1 Grantham - Changed traffic, patterns, there is an additional intersection, Atty Perkins - Two additional intersections. CI Grantham - That's right. Supv Schug -The road cuts, the driveways? 49 Cl Grantham - In effect they are intersuections, Atty Perkins - You can call them intersections or driveways, upv Schug - R atever, but there will be an impact. CI Grantham - yes Atty Perkins - One of the dLir ss that could be a mitigation of that I suppose is have the applicant demonstrate that he would be able to obtain a commercial driveway permit from the Department of Transportation. R Masson � Shouldnt the developer pay for the post of changing any marls or putdng up traffic lights rather than the Town have to pay for that? ul v Schug - If the State says he has to. R Masson - It would be the State that would make that determination? Supv chug -1 believe so, on 366_ They are talldng about doing some cbariges on Mt Pleas t. Those vvill be paid for by the developer. It will not cost the Town any »coney, or you as a taxpayer_ It would be to our specifications. R Masson - IsG that something you need to write here? SupV Schug - That is a given, but we can put it in as important Is Page 40 of 54 TB S- 10-9 9 Atty Perkins - Let's finish iden fyit the impacts. We identified the impact of a change of a pattern of movement which will not be mitigated. The pattern will not change. There will be increased traffic, higher deXaand for public transit, two additional intersections or driveways, wv dch can be mitigated by the proving that he can obtain the required highway work permit. Do you have other impacts or other thin a you want to say about the mitigation, Supv S chug - The developer could limit the number of cars per apartment, by charging extra for extra cars- Atty Perkins - If he charges extra how will that elimivate the impact, Supv Schug - There'd be fewer cars possibly- Or riot allow people to have arnre than one car per apartment. Can you do that? I Grantham - The problem is them that they will park their cars down below. If I were renting an apartment and someone told me that I could only have one car, I would need to park one car down below, by the laundrymat ar something. Cl T Hatfield - Or you wouldn't be there. C1 Grantham - Or I wouldn't be there. I don't know, it doesn't seem reasonable. O Slater - You've got to mitigate Mt Pleasant Road driveway someway. There are still a lot of open items about that. Supv Schug - I just mentioned, I don't know if Mahlon got it down, but the cost of fixing Mt Pleasant with the changes necessary to make it safe, is on the developer- Just as New York State will make him put the driveway - ., Atty Perkins ,,r T he issue really on the State route has to do with the applicant demonstrating that he can get a highway work permit. To do that he's got to be able to design an intersection according to state specifications- With respect to Mt Pleasant Road one way to mitigate that is to have the applicant present his plans for the entrance on to Mt Pleasant Road similarly as he will with the Department. of Transportation- That mAll give you a chance to look at what is proposed at the present time and see if it addresses any of the impacts you have identified- O Slater - As long as we have something connecting that's fine - SuPv Schug - That's an important impact and weVe spent a tat of time tall ig about it, 1 Grantham - Is a smaller project an admissible mitigation? Atty Iserkir�s -'That would certciz�ly mitigate the irAft , t_ Supv Schug Y 17, Noise and odor impacts. It is a potentially large iMpaet, Could be mitigated by hours of operation and construction. Cl Grantham - There's another one Under transportation. That was snow removal. Atty Perkins - As far as storage of the material, snow removal, its impact on the drainage patterns, quantity, or 0 Cl Grantham - And maybe quality, Page 41 of 54 TB R -10-99 Masson - One thing I noticed about coming ut of Mt Pleasant in the winter i g s that the people who own Fantasy Auto pile their snow right on the corner and you can't see aroused that pile and up 366- Maybe you could put some restrictions on where they can plow the snow on the dxiveway intersection that will be coming out on to Mt, Pleasant Road will be able to see the traffic 'in bath directions. upv Sch1 - That place goes in and out of business about every six months. R Masson � My point is that placement of snow piles is sigrifficant. J Stevens - 'T"his is question 15 we are working on navy? ul v Schug - Yes, we're talkix�g about snow, adding one- Alteration of present patterns we've addressed. WiU the action result in major traffic problems we, addressed- Now we're talking about the snore on the roads as another impact. 1 Grantham - Snow removal. Supv Schug - Snaw removal, J Stevens - And has there been a determination that that's a potential large impact? OI Grantham - It's part of the transportation impact- J Steven - I don't thing we heard that before - Supv $chug - It was tallced about at the last meeting. I think one of the comments you made was giving up a couple of the parking spaces to pile snow in. The ether was trucking it off the site, and the other was pushing it over the side, Lucente - Over the parling lot sidelines. We've gat something like five or six font fields which we can push the snow right over and its not going to be near either town or state roads. Atty Perkins - I'm not sure it's so much an impact on transportation as maybe on water quality and things like than, J Stevens - Like in 1, 4 and 6. Atty Perkins - We can add snow or treatment for ice and snow and remvval- 1 Grantham - It could go under 5 as well with water quality, but it could gn under drainage- I guess I'm done with transportation, Atty Perl s - Number 17, the impact identified was odor and noise temporarily during carxstruction. Mitigation includes hours of operation, regulating hours of construction and equipment, and requirement of factory specified mufflers on equipment. AEI Taylor - You nai&t consider vegetative or other bu£fem- Atty Perkins - It won't work a lot for temporary noise during construction. M Taylor � Assuming that he has a landscape plan already, You could certainly stage the planting of the vegetation to perhaps mitigate some of the noise and odors. Page 42 of 54 TB S- 111 -99 Atty Perkins - Most landscape plans I ever saw weren't implemented until the final stage of any construction project. Them is too much risk of it being damaged, M Taylor - I understand, but he has a large buffer that they are nut really constructing on betwnun where most of this construction is oucl l nng and the Potter - It could also be part of the erosion plam Supv chug � HGw much of the native trees will be left an the hillside, O Potter - There is none now_ Supv Schug � There's a lot of brush or something because you can't see into that part. .O Slater T Aren't there mature trees on the lower side? S Lucente - I think for the most part_ O Slater - So you could certain* leave them because they are not an issue for working on this site. So you have a natural buffer for this area at least. Supv Schug - You'll leave whatever natural buffers that are #here that you can leave there, and you'll just tell us which ones you are going to have to remove to do your job. J Stevens - He has to grade the site, 0 Supv Schug - Only part thereof, Atty Perldris - o retention of the existing vegetation. C1 T Hatfield - That's part of the mitigation_ S Lucente - I do have to move an existing telephone line. I'm not sure what's 'involved in that. Maintaining vegetatmn is key to success of the project. Case - There is only a shared driveway up to that barn and that's as far as they go. They don't go up over that hill. By my driveway_ It's a shared driveway to the end of the burn and that's as fair as it goes. So I'll only have about 6 to 8 foot from driveway to my front porch, if it's that much, And the same with the side porch. If the Town Board would like to come down and look at it, I'd love to have you, Supv Schug - Well have to have a landscaping plan, which we're already addressed, really. S Lueente - I think that's already on the plan. Molly, take some time afterwards and look at it, Sups' Schug - Therefore there would he some buffering �md taking into consideration of Molly's situation_ Okay, what else on 17? Atty Perkins - You can move to 19_ 0 Supv Sch ug - OK number 19_ Page 43 of 54 TB 8410 -99 Cl Grantham - We said that was important or whaC) 40 Supv Schug � I world say yes, that's important- 1 Grantham - 17, I meanr Supv Schug - Yes, Cl Grantham - Gk, so now we're on 191 Upv Schug - Yes. Proposed action will oonflict with officially adopted plans or goals. Atty Perkins - I think perhaps you could address the confliin with officiany adapted plans and goals and the change in the density of the land use altogether. Certainly the issues which are raised, or Hen.y and I intended to raise the issues in our response to question 6 in part C. We are faced with the lal presumption that the use is compatible upon compliance with the special permit procedure_ The Zoning Ordinance talks about allowed uses, The General Plan statements of what is intended as a, development density is something which you will need to address, The General plan, now some 30 years old, calls for average derMties of 4 to 6 persons, nr approximately 1'/j famines, per gross acre without water and sewer, and 6 to 10 people when water and w%ver facilities are available. For comparison, Henry and I gave you some density numbers which we took from the 1990 census and some information that we had here in the Town Hall regardixig the mobile home park and so forth. So it is a potentially large impact because of the increased density that the project contemplates. Supv Schug - Let's address that. Cl T Haiteld -Those two items are an important impact. You have addressed them in the findings and I agree with those statements. Is it the special permit process we need to address? A,tty Perkins - Well, the special permit process is your officially adopted procedure which governs your decision making in granting a special permit. You have this other thing hE ng out there you call the General Plan or Dryden General flan, which acknowledged cleat tendency toward concentration of development along the major corridors by the State Highways. That recommends a level of development of 6 to 10 persons per acre -when sewage treatment facilities were available. Understand that was thirty years ago. We gave YO Just some numbers you could use as a benchmark for your discussion. Overall the average density in the entire town, and that includes the entire acreage of the town, is 4 people per acre. We gave you the avera density of the mobile home park i ge n Varna and we assumed 3 personas per unit on builclout on this project and came out about 41 people per acre on this project.. 'Those are things that ynu will need to determine, I guess they identify the impact_ If you think they are important then you ought to talk about what kind of mitigations can be made_ Cl Grantham - Even if you just look at what is there already it is a pretty enormous impact on the density, a pretty major change in inteXtsity compared to what's already there. X Finkelstein n - We have gone around and counted the number of housing units in Varna as being around 250. That was the number that David Weinstein and 1 had came up �sith and this is another 170 on top of that. So wouldn't you call that a rather Wge increase, Supv $chug � Did you Daunt the trailers in the trailer park? There's over 200 trailers in the trailer park. S Lucente - 220 in that one trailer park and then thexre's the other two. PMge 44 of 54 TB 8 =10-99 Cl T Hatfield - As Marshall said earlier tonight, there is a need to address the issues that have been raised here, such as where you stop the sprawl, haw do you locate things. I'm not sure it is such an incompatible projea in my mind as I know some of you are advocating that it is. Marshall said it very adequately. K Finkelstein - We are tanking about tWs as a potentially large ' LMP act. Cl T Hatfield - There is no question there is an impact, I"m not disputing that at all - But whether or not it is within the confines of net only the spirit of the law, but the regulations that we have to apply in evaluating this thing, is the question, i&ith any raitigaition? 1 Grantham - $ut it is much amore Lnt se than si=ilo r uses ui l the oowmunity- This estimate is 31 persons per acre in the mobile home park, which is probably the highest density there now, else come up i&ith any raitigaition? .O dater - Thirteen. Cl Grantham - Thirteen persons per acre and the proposed density is 41 per acre which is three times the density of existing activities. I don't have any problem with clustering development, I think it is a goad idea. It's just that this is a. big difference in this community. Atty Perkins - Other than reducing the sire of the project which would mean reducing the numlxmr of units, has anyone, else come up i&ith any raitigaition? Cl T Hatfield - The other way to mitigate it I suppose would be have an agreement on scheduled build out. That impact presumes that you are going to build all six units. I haven't heard anyone suggest that that will. absalutely necessarily happen. J Skaley � You have to consider it as proposed, otherwise you're in segregation - -- C1 T Hatfield - I understand that. I'm saying that nmu you consider it them you can gut it in a plan and stage an approach as a possible mitigation. There are other ways to mitigate it. Atty Perkins - It would not mitigate the overall impact, Cl T Hatfield -' The change would t2�1e place gradually, instead of l7Q units in one dear. Cl Grantham - But it doesn't change the overall impact, O Slater - One of the things that I thought about was every time you have a large multiple residence project, you're gonna always have this behV the answer, so there roust be some reasonable response to accouTit for large multiple residence projeets- J kaley = That is called zoning, O dater - We have that. J Skaley � No you don`t. You have a special permit action only, You have not zoned it for large residential use, 0 Slater = So what you are saying is that, that zone is not zoned for multiple residence uses. J Skaley - Only by special permit, Page 45 of 54 TB S -IU -99 O dater - That's true in this case only. 0 Cl Grandiam - It's the size of thi-s- X Finkelstein - You can't use special permits to get amend the intent of zoning. You have to use it to help develop the community 'n a way that is in accordance . , . O Slater - C rmsistently within the RC Zoning District, which is the only place in the RD Zoning district multiple residences are permitted. When the site project area exceeds two acres, you then need a special permit- What if he had warmed to build a 15 story masonary building on 1 1l2 acres, h.e wouldnI even be here. It would be far more intense and he wouldn't be here. J Skaley - When you have a proper zoning plan you specify where you want your high intensity and where you want your medium and low intensity development. That's part of the zor ng and pla� process. ZO Slater - Which wwe apparently have done. J Skaley - Which apparently have dome in nineteen seventy what? ZO Slater - This was zoned in 1988, what it currently is today, J kaley - And it is still zoned agneultural- ZO Slater - As is all other places in the Town of Dryden, but the point is there must be some way to address high density - J Skaley - I would challenge that in your minutes in the preparation of your zoning asap that yoti were considering density of this nature as part of multiple unit development- ZO dater - You would question whether that was done or not is what you are sayix - J Skaley mm I would question if that was the intmt- O Slater - I would agree with you. I doubt it was ever considered. J ka�Iey - If it wasn't then, then by special permit. if you are using your logic, you would be going around the intent of the zorYi gL O dater - Not at all. You would he consistent with the zoning. That is why the applicant is here- J Skaley - But if this is something that would be conditioned on something that is to continue as a separate project by the same r)afure, you are developing a higher density resident natLiTe that wasn't part of the ori ial gi nal growing concept, O Slater -We dml know ifit was or wasn't, but let's assume for x�ra 1ment's sake you are oorrect- Cl Grantham - The fact is Henry, you are sayi ng that there should be some answer but you aren't giving us any kind of alternative to thist so let's move on. Page 46 of 54 TB S - 1O -99 ZO Slater - Well we never got to get to that paint because Mr_ SMey wanted to discuss it. Cl Grantham - Do you have another way of mitigating fts density? ZO SlaWr - I don't, but there has to be an answer someplace. Gl Grantham - But you have one, O Slater - Well, do you have one? C1 Grantham - No, I don't, ZO Slater - The paint is we need to come up with one_ S Lu unccnte - Regarding the nature of the commity, the Varna community is clearly a bedroom community. This project wouldn't do a thing to change it. It would still be a bedroom community. Another point is that the density of 41 people i:i� incorrect and isn't consistent with our proposal. We don't expect there to be that many. That assumes three people per unit and well over half the project is studios, ones and twos, y experience, winch is considerable, M our two bedroom apartments only 5(ro of them are occupied by two people. The rest by one. So 1 would say that using a 40 plus figure for density per acre is high. ht's also ahstracil because the type of housing that we're constructing is ultra high -end. It's the finest of its Idnd and you can't cozapare that to the hailer park or to what is on 356 or anything else. Its Umque_ It's completely modern housing as compared to housing that's conceived and buiat before World War One, with the exception of the trailer park which is Just after World War Two. So there is a big difference. We have learned how to build more effectively. We have learned bow to buRd on smaller footprints. We have learned how to mitigate everything from traffic to water runoff. All these problems have been solved by modern technology and modern planrwDg_ This very process is a part of what produces new superior housing, Atty Perkins - One of the things that I should point out is that when Henry and I canoe up with projected densities in the mobile home park, we used the same number of people per unit, 3r 8o that comparison would be the same, Lucente - You wised three per unit at the Varna fI project:> wren though we have efficiencies, ones acid twos? You can't put three people in those. Atty Perkins - I'm only telling you what we did_ If we say there are 205 pads times two people per pad at the mobile home park, then well come up with 410 over 47 f 48 acres, And we can do the same for yours, but it will go down psoportionaiely because well use the same assumption. $ Lucente � We use land a lot more efficiently in our project than the trailer park does. I think that is an important thing. We shouldn't be penalized because we are more effective and more efficient. Atty Perkins - I'm just trying to summaries what I think the arguments are on bath sides. I'm not taking a position_ Are there any other mitigation issues to solve the question, of density and the officially adopted plans and goals issues? upv 3th - How do we answer: what do we do with 0? K Finkelstein - May I address the board for a moment? About 19, I want to charily what I had said about the whool business, It's simple. Three sentences_ The school that serves Page 47 or 54 'IB 5 -1049 Varna right now is at 90°x► or more capacity. The architect for this project claimed that up to 95 children could be living in the projeci<. There is about 40 children that go to this school that is at 900% capacity_ So even if it was half the number, not 90 but 45, it would still double the number of children that are going to this school, which is more than its capacity. And therefore either there is going to have to be redistricting or new construction. Either one of draw hvo is a potentially large impact. That's all that I am trying to argue- It is a potentially large impact and it can be mitigated only by building a new $din ol or redistricting. Supv Schug - Or sending all the kids from there to Caroline so hool, Ii` Finkelstein - That is what I call redistricting. It means sending Idds to a place where they hadn't gone before- Supv Scbug - All the children from this project could go to another school and not affect the people in Varna 1 Grantham - But that is up to the school district. K Finkelstein - Right, that is a mitigating possibility and that needs to be .... Supv Schug - We can talk to the school district. K Finkelstei - But if you don't classify this as a potentially large impact, then there is no need to talk to the school district because it doesn't need to get =tigated as I understand the way this is written. Is that correct? Cl Grantham - Well I don't think we're gotten to that one yet, but yes. S Finkelstein - Well you just jumped over that one_ Supv Schug - We said it was a small to moderate impact. X Finkelstein - And I am trying to argue that it is not a small to moderate impact because it involves new construction or redistricting or moving those children to another school. S Lucente - Let's face it. The Ithaca School ]district is trucking in 200 bids from 'Jest Hill up to Cayuga Heights school because of some program to spread law income lads with high income kids. If they would stop doing that there would be no problem. We cannot control what Ithaca School District does. K Finkelstein -The school system has to be contacted in this process so that this kind of thing can be worked aut. I agree with you that there are problems with the policies. It is us who are going to he hurt by it. My girls axe benefit &ig from going to such a goad school_ Lucente - Your lids are not going to get bumped_ X Finkelstein - But I am not that selfish to think H'at's all I care abouit. I am using it as an example _ If they have to BJM instead of going to this school Supv Schug - I understand that our local representative to the school board is going to be talking tondght about this issue_ He'll talk with the principal who} gill get in to uvith us to find out what is going on. 0 Page 48 of 54 K Finkelstein - That's my understanding. into this project, I'm nat even against the project, put into your decision. That's my goal tonight- TB S-I0=99 just want to make sure that that's folded I just want to make sure that all this stuff is 1 Grantham - So what are we saying about. 19, the officially adopted plans, change in density? Atty Perkins - Under impacts I said see response to Part 1, part C, question G, and the mitigation to that is to reduce the size of the project by rediid g the number of units, G1 GTanftim - And the school district? Supv Schug - We'll talk to the school district, or Mr. Lucente will. But we'll get then the information they need, or Mr. Lucente will, about number of kids, etc. Did you know about the Fads being bussed from West Dill? K Finkelstein - I didn't know the number, but I know it's a lot, Supv Schug - They could save a lot of fuel. Finkelstein - I would like to insure that the Darns kids, as well as the kids that live at Varna II go to such a good school, but I am not in a po t4tion to dictate what they do. I just want to snake it clear that something's got to give. D Potter - Varna kids have been shoved around during the last couple of decades- They went from Northeast to Bell Sherman and now they are over in Cayuga Heights. 0 1 Beck In that same aenttmce, forget the school, there's no question' about the police and fire. It's a given, so its in the same category. There are changes in services, no matter what. Lump them all together. Somekhing is going to have to be done at the school and yaull have increased police and fim service. C] C Hatfield - Isn't the fire department all set? C1 Beck - Hopefully, but they may need more equipment or different equipment. It's a different service than they are now providing- Supv Scht - Nell, maybe once this new project is atl sprinkled, they wont need .., Lucente - We've already talked about it and as long as we stay at the 2 story building they won't need any additional equipment, plus we're weed to put in a drive for fire control. They have also checked our driveways and panting lots to make sure- - . C1 Beck - You 've already done this to address whether changes m services will be required? S Lucente - Yes, it *s reflected M9 - - - Cl Grantham - Yes. Where are we then? Atty Perkins - What number is that? Supv Schug - It's 19, Attar Perkins - It is a potential large impact? Page 49 of 54 T$ 8- 10-99 upv $chug - No, we just identified it. C1 T Hatfield - It's still a small impact. Supv Schug - Because you don't have to hire any more policeman. You have the sheriff and the state police. The state police, of we get that many more people they'll get more people on their staff, You can ask Albany for that. And the fire department is pretty well set. 1'I' Hatfield - I °d like to call for a resolution on this. In hopes that we would get to a paint where we could determine whether or not we could snake a declaration, I asked Mahlon to prepare a possible resolution for us to consider so that this project could continue to move forward. IIve made a couple of modifications to the one I just passed out and I-ll point them out as I read this. 1 Grantham requested that ground water be added to 7(a) and confirmed that the corrected ansvvers were contained in the attached Part 1. Atty Perkins - The other thing I think you might want to add is on page 2, #6 B, reviewed the EAF including completions of ftrr I and Part 2 of the EAF which are attached hereto and incorporated herein. upv Schug - Any other commm t on the resolution? (none) Do you agree with the changes Tom? (yes) Any more commenN, discussion, questions? (none) RESOLUTION NO. 165 119991 0 ouncilperson Thomas Hatfield offerers the following determination and asked for its adoption: TOWN BOARD; TOWN OF D1 YDEN- In the Matter of the Application of STEPHEN & PATRICIA LUOENTE, POSITIVE LWENTE DEVELOPMENT for an DECLARATION EnvironmenW Assessment Pursuant to the State Environmental Liahty Review Act ( Environmental ConseTvad n Law Article 8) DETERMINATION OF SIGNIFICANCE 1. teplsen azYd Patricia Lucemte, Lucente Development, on or about July 26, 1999 filed a fourth revised Environmental Assessment Form (EAF"), a copy of which ss attached hereto and manse a part hereof relating to an application to the Town of Dryden Town Board for a special perwit to erect six (6) multi - family structures on a. 12.317 acre parcel near the harslet of Varna (the "action). The action includes the rental and business office for the project and a community function cesiter. The applicant has agreed to the modifications to his answers as Page 50 of 54 TB 8 =10 =99 detailed in the August 10. 1999 letter to James F. Schug which is attached hereto and made a part hereof, 2, The location of the action is in the hamlet of Varna in the Town of Dryden, Tompkins County south of New York State Route 366 and west of Mt. Pleasant Rand on Town of Dryden Map Parcel No. 56 =5= 19.3_ 3. The action is an unlisted action. 4. This declaration has been prepared in accordance with Article 8 of the Environmental Conservation Law and the relations implementing the salve as found in 6 NYCRR Part 617, 5_ The name and address of the lead agency is: "Town Board Town of Dryden 65 East Main Street Dryden, New York 13453 The name, address and telephone number of a person who can provide additional information is: James F. Schug Town Supervisor 65 East Main Street Dryden, New York 13053 (607)844 -8619 6, The Town Board has: (a) Considered the action as detirred in 6 NYCRR § §617.2(1) and 617_3(g)-, (b) Reviewed the W. including the letter of August 10, 1999 to James F. Schug, completed Farts II and III to the EAF which are attached hereto and and made a part hereof, reviewed the criteria contained in 6 NYCRR 617.7(c) and any other supporting information contained in the record to date, in order to identify the relevant areas of environmental concern; and (c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have significant adverse impact on the environment•_ 7. It is hereby determined, pursuant to 6 NYCRR Section 617.7(b)(4) of the regulations implementing the State Environmental Quality Review Act, that the proposed activity is likely to have a s4riiScant effect upon the environment by causing a) a substantial adverse change in existing surface water and ground water quality and quantity; -b) a substantial increase in the potential for erosion; c) a substantial change in the intensity of use Pap 51 of 34 era 8 =10 =�9 of land including open space; and d) a substantial adverse change in traffic levels and therefore requires the preparation of an Environmental Impact Statement, 9 8. It is hereby further determined that the followix-1g agencies are ora2� be involved in the proposed action: A. New York State Department of Environmental Conservation, B. New York State Department of Tray "nation, C. Tompkins County Department of Planning- D- Tompkins County Health Department. E, Tawas Board of the Town of Dryden (lead agency) , Copies of the Positive Declaration shall be filed with all of the above agencies, the Town Supervisor of the 'Town of Dryden, the applicant and any person who has requested a copy. A copy of the Positive Declaration will be maintained in a file in the Town Clerk's Office that is readily accessible to the public and made availahle on request. The Positive Declaration will be published in the Environmental notice Bulletin in the manner prescrmanner bed by law. 9. The applicant is hereby directed to prepare a Draft Envirorume tal Impact Statement pursuant to the proviziims of 5 NYCRR Section 617.9 of regulations implementing' the State Environmental Quality Review Act (Environmental Conservation Law Article 8). coping will be conducted at a time and place to be dctmmi ned by the Town Hoard and as soon as practicable. Seconded Councilperscon Charles Hatfield, Roll Call Vote Cl Beck Yes 1 T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes upv $chug Yes Attachments follow Page 52 of 54 - ` F. I PART 1- PROJE 7 1 IN FORMATI0N Prepared by Project Sponsor NOTJCE: This tlocurnent is designed to assist in determining whether the action proposed may have a significant effect the environment- Please complete the entire form, Parts A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verifica #ion and pub Iic review, Provide any additional information you believe will be needed to compfe #e Parts 2 and 3, It is expected that completion of the full EAF will be dependent on Information currently available and will not involve nEbW studies, research or investigation. If information requiring such additional work is unovaHable, sv indicate and specify each instance. NAME OF ACTION 45pecial Permit Approval request for 170 U It 1' ultiple N.aIlingzS LOCATION OF ACTION ;Inelud9 Ssreal Addroes, MunlOp3111y and Caunly} 21 Ut Plea. nt Road Ithaca Hela Yoric, 'down of Dryden . NAME OF APPLICANT!SPONSOA 8U51Nz55 TELEPHONE Steuhen & Patricia Luc. ente, Lucente Develoi)ltr4nt 6071257 -0717 noo�e�s 0 Salem fa ive CIT-YI190 STATE ZIP QODE; T;'n ca NY 14950 I NAME OF OWNER (II dlirereni) BLISIN553 TELEPHONE Jcim 3'r hlarChell t 607r 8985954 ADOAESS r� CITY!PO STATE ZIP CO OE f5 !]ESCRIPTIQN OF ACTION "ne ?roject erapoSes to erect { 6) bfulti -fa.r fly Structures within a 1?, 17 e.cr parcel of property near the VaTo :a : a[ .nle- Pro jee lt. will include, a StrUCtUre WrLioeL will house he c4om,. Alex rental and business office as we!I as a community fmnction center for the occupents and the general con ff vun_t,y', I;project Please Complete Each Question. Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑urban ❑Industrial ❑Commercial OResidential (suburban) C)Forest ❑Agriculture ❑Other vac=t land '. r oral acreage of project area: 1 . jl7 acres, from survey, dated 1/2?/99 APPROXIMATE ACREAGE PRE Ch'TLY AFTER COMPLETION 1.0.057 , 287 Meadow or J3rushlancl (hl�vrnagrieulturalj acres -- -- acres Y Forested 1 7 ' acres !8 acres Agricultural (Iricludes orchards, cropland, pasture, etc) _ acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of JCL) acres 0 acres Water Surface Area 0,67 acres 0 7 acres Unvegetated.(Rock, earth or fill) 0 acres - �0 - -- acres Roads, buildings and other paved surfaces 0 acres 3' f acres Other (Indicate type) acres acres I What is predominant sail type(5) on project Site? ?�tanm�u? & �vdson (see voring 10E a. .Soil drainage: ❑Well drained % of site Enimoderately well drained 70 6 of site ElPoorly drained 94 or site b, Ir any agricultural land is involved, how many acres or` soil are classified within sail group l through d of the NYS Land Classification System? acres. (See 1 NYCRR 370) - 4. Are there bedrock outcroppings on project site? t]Yes 01NO a. WhaC 15 depth to bedrock? see cr s} 1cc (in feet] 2 []Rural (non -farm) F 5. Approximare percentage of proposed project site with slopes:. 00 -10% _ 35 °lo 0110 -15 25 015% or greater _ 40 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of historic Places? 0Yes NNO 7- Is project substantlaIIV contiguous to a site listed on the Register of ,National Natural Landmarks? UYes OINC B. What is the depth of the water table ? —10' (in feet) 9. Is site located over a primary, principal', or sale 50(,rce aquit`er? Oyes 1?,INo Do hunting, fishing or shell' fishing opportunities presently exist in the project area? 0Yes ONO Does protect site contain any species or piant or animal lire that is identiried as threatened or endangered? El Yes ONO According to _ identify each species -- 72. Are there any unique or unusual l'and forms on the proj2 {t site? (i.e., cliffs, dunes, other geological formations) DYes IXINO Describe ;: T3 Is the project site presently used by the community or neighborhood as an Open space or recreation area? clyes GNo If yes, explain 14, Does the present site include scenic views known to be important to the community? [Dyes 1XINo i5. Streams within or contiguous to project area: tl yL" °di,?^am a" NAme of Stream and name of River to which it is tributar•x l;ree? umamed st--rLeafr! flow : to 16. Lakes, ponds, wetland areas within or contiguous to project area: a. game pond b. Size (In acres) _ 0 -67 17, Is the site served by existing public utilities? nyes C]No a) If Yes, does sr,fricient capacity exist to allow connection? Eyes 0N'o b) If Yes, will improvements be necessary to allow connectionr? E, Yes 01Lio 13. is the site located in an agricultural district certified pursuant to Agriculture and Markets I_aw, Article 23 -AA, Section 303 and 304? QYes PO IN 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article a of the ECE, and 6 NYCRR 617? ❑Yes 0 N (20 Has the site elder been used for the disposal of solid or hazardous wastes? ❑Yes FJNo B. Project Description 1, Physical dimensions and scale of protect (rill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 12.317 acres, b. Project acreage to be developer: S'0 acres initially; 8,0 acres ultimately, C. Project acreage to remain undeveloped _ 4 ,;_37 _ acres, ` d. Length of proiectr in miles; _. ikl (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of ofr- street parking spaces existing �; proposed g- Maximum vehicular trips generated per houdr 1— 8 (upon completion of project)? h. If residential; Number and type of horsing units: One Famify Two J amily +Multiple Famdy Condominium Initially + Ultimately 170 _ i. Dirnensions (in feet) of largest proposed structure _ 41 height; _ , r wiptil; 750, length. -- ). Linear feet of rrontage along a public thoroughfare project will occupy i$? _ ft, 3 2. How much natural material {i,e,, rock, earns, etc,) will bo removed from the site? � tansICLrbic yards 3. Will disturbed areas be reclaimed? Wye$ ❑No ON{A a- If yes, for what intended purpose is the site being reclaimed ?r , lanescp'n storm dr2i age b- Will topsoil be Stockpiled for reclamation? Eyes r]NO & building p s ro& waY5 ard sva xs , c, Will upper 5ubsoiJ -be stockpiled for reclamation? Zyes E)No 4. Flow many acre$ of vegetation (trues. Shrubs, ground covers) will be removed from site? r acres, 5, Will any mature forest (over 100 years p1 d) or other locally- important vegetation be removed by this project? 0Yes ONO 6. If single phase project- Anticipated period of construction N/A months, (including demolition). 7. If mu I dmphased; a. Total number of phases anticipated —_. (number). b. Anticipated date of commencement phase l e t' month 2000 pear, (including demolition). c. Approximate completion date of final phase ;r'r . month 2004 _ — Year. d- Is phase 1 functionally dependent on subsequent phases? ❑Yes WNo 8. Will blasting occur during construction? oyes %'No 9. Number of jobs generated: during construction 30 . ; ar'ter project is complete 20 n 10. Number of jobs eliminated by this project , 11. Will project require relocation of any projects or facilities? SYes 0 N If yes, explain telephone !roes require adl stment 12. Is surface liquid waste disposal involved? CYes ENO 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 ISINo Type } }14 Wi1J surface area of an existing water body increase or decrease by proposal? 9Yes ❑INN Explain exi8ting pond area Will ch4m -ngre -to lnit7,g47-te storm wat °" 15. Js project or any portion of project located in a 100 year flood plain? DYes ONO 116, Will the project generate solid waste? MYes L7 No a. If yes, what is the amount per month tons b- Jf yes, will an existing solid waste facility be used? IS] Yes QN0 C- if yesr give name SuDearior 14ewfie1- c location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? CJYes 3 o e. If Yes, explain -17. Wdl the project involve the disposal of solid waste? ❑Yes a. If yes, what is the anticipated rate of disposal? —. b. If yes, what is the anticipated site life? years 76. Will project use herbicides or pesticides? 0Yes ONO NQ romimonth. 19. Will project routinely produce odors (more than one hour per day)? Dyes ZINo . i0. Will project produce operating noise exceeding the local ambient noise Icvels? Dyes 21. Will project result in an increase i VA y �3 n energy uSe. e5 if yes , indicate types} electr?cit;;' /natuq�m ' gas If water supply is from wells, indicate pumping capacity . Total anticipated water usage per day gallons {day, ",NG N /A 24. Does project involve Local, State or Federal Funding? ryes Jf Y25, explain gaIlonsjrninuke, Ad V ONO •. k 25. Approvals Required., City, 'Gown, Viflage Board City, Town, Village Planning $oard CitYr Town Zoning Board'- - City, County Health Department Other Ocat Agencies Other Regionaf Agencies State Agencies Type &Yes ONo S�ecial Permit +Yes DIN0 Count Planning OYe5 ❑No 2 1d in 2rmit OYes ONO V'fate:r Sevrer 0Yes CINa Noma Fire Gam:-Denv Dyes ONO Ayes L-JNo DOT ( Road Cuts) rederaJ Agencies Eyes ONO DEC (Dreinacre) Submittal Date C. Zoning and Planning lrlformatioil 1 - Does proposed action involve a planning or zoning decision? zye; ONO ff Yes. indicate decision required) Ozoning amendment Monroe variance Elspecial use permit ❑subdivision psite plan ❑ne irevision of master plan ❑resource managernenr plan (]other `- 2- What is the zoning classification(s)of the site? RC 3. What is the maximum potential development of the site if devQloped as permitted by the present zoning? 174 Apartment Units 4, What is the proposed zoning or' the sita? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 174 Apartment UnlLts 6;, Is the proposed action consistent with the recomhiended uses in adapted local iand use plans? 21yes ONO i. What are the predominant land use(5) and zoning classifications within a 'f mile radius of proposed action? Sub -i.r ban residential & GO -Tmell r&al lands Is the proposed action compatible with adjoiningJsurrounding land uses within a 1A toile? MYes ONO 9, If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What f5 the minimum tot size proposed? NIA 70. Will proposed attiorr require any authorizations} for the formation of sewer or wafer districts? Oyes Z.IN0 11 , WiII the proposed action create a demand for an%ro community provided services (recreation, education, police, fire protection)? OYes ONO a. if yes, is existing capacity sufficient to handle projected demand? Oyes DING 0 Will the proposed action result in the generations of traffic significantly above present levels? Dyes ONO a. If yes, is the existing road network adequate to handle the 4ditfona,l traffic? Oyes ❑No D, Informational Detalls Attach any add itfonaf information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them, . Verification f certify that the inf �ulicant{Spons Signature mation Provo ed above is true to the best of my knowfedge. If The action is in the Coastal Ar will, this assessment. r Rnd you are a state agency, complete the Coastal Assessment Farm before proceeding 5 I MA HL ON • R. 3 1131 S, .+ . V. Atforneys and C.'ounseMors al Law 20 West Main Street P.O. Box 27 Dryden, New York 13053 L%JA141j0N R. YF,RKILN'S August 10, 1999 James F. Schug, Supervisor Town of Dryden 65 East Main street Dr den, New York 13053 FEE. Lucente Project Dear V im . TELEPHONE (,607) 841 -91 l J Following the public hearing for the Lucente project at the Varna Community Center on July 26 you asked Henry $later and -me to review certain questions which remained afte2� the Town Board's review of Part I of the EAF submitted by the the Full Environmental Assessment dated duly 26, 1999. As henry and to address or verify responses to applicant. Reference is made to Form submitted by the applicant I understood our charge, we were the following questions: PARR .A Questions 10, 11, 13 and 20 PART _D Questicns 14, 15 and 20 PAPa c Questions 5, 6, 8 and 12(a) In the order presented, Henry and I suggest the following responses are appropriate although the responsibility for Part A is on the applicant: Question 10. Do hunting, opportunities project area? fishing or presently No. The question was The property is p4 univer -sally recogniz hunting area since existing development, shell fishing exist in the answe2'ed correctly, dated and is not ed as a suitable it is close to James F. Schug, Supervisor Town of Dryden RE: Lucente Project August 10, 1999 Page 2 Question 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? No. This question was answered correctly. The response is based upon Unique, Natural Areas of Tompkins County (1990), Tompkins County Environmental Management Council. Question 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Igo. The question is answered correctly. The southeast border of the site consists of one °half (1/2) of the former Lehigh Valley Railroad property. The Town has proposed to use the former railroad bed for part of a recreational, grail system to be developed. The applicant has agreed to grant the necessary easement to the Town for use of this part of the site for the proposed recreational trail. (See applicant "s letter of July 8, 1999 which is part of the record.) xaestion 20o Has the site ever been used for the d -Isposal of solid or hazardous wastes'3 Yes. This answer may not be answered correctly. Based on public comments, construction and demolition material may have been disposed of on the site. Construction and demolition material is exempt from the permit requirements under 6 NYCRR 360- 7,1 (b)(i). The site is not listed on the inactive Hazardous Waste Disposal Registry Index maintained in the Tompkins County Clerk's Office. James F. Schug, Supervisor Town of Dryden RE: Lucente Project August 10, 1999 Page 3 Questions 24m W111 surface area of an exist -ing water body increase or decrease by proposal'. No. This answer is inconsistent with the response to Part A, Question 2, The water surface area of the pond is not proposed to he increased. The volume of the existing pond may be increased to mitigate storm water flowing onto anti from the site. Question 15. is project or any portion of project located in a 100 year flood plain" Igo. This question was answered correctly. This has been verified by Henry Slater by reviewing the appropriate flood plain maps. Question 20. Will project produce operating noise exceeding the local ambient noise levels? Yes. This answer may not be answered correctly, During construction the loci) ambient noise level will be exceeded by heavy equipment on site and moving to and fron the site. Additionally, noise from hammers, saws, compressors and other construction equipment will be present. These increased ambient noise levels will be temporary. Following construction the local ambient noise level, will be typical of residential neighborhoods but less than the local, ambient noise level on New York State Route 366 which is the main thoroughfare in the neighborhood, James F. Schzjg, Supervisor Town of Dryden RE& Lucente Project August 10, 1999 Page 4 Question 50 What is the maximum potential development of the site if developed as permitted by the proposed zoning? 178 apartment units. This is more units than the applicant's response. This has been confirmed by Henry Slater. Question 6. Is the proposed action consistent with the recommended uses in adapted local land use plans? Yes. However, .we sugge 'st that this answer be only a qualified yes. The action contemplates uses allowed only by special permit. It is a settled rule that inclusion of a use in the ordinance is a aer se finding that it is harmony with the neighborhood. However, under the Zoning Ordinance the board must consider when granting a special. permit "whether the location, the use, and the nature and intensity of the operation will be in conflict with the allowed uses of the zone or neighborhood ". The document "The Dryden Genera, Plan" or "A General Plan" (1968), Egner & Niederkorn Associates, Inc., which is now over 30 years old, opines that, "There is a clear tendency toward a concentration of development in an area running diagonally across the town and fallowing the major highway routes. Pg. 1444 (See map at pg. 9.) Contributing to the vlability of the corridor concept are the two villages and hamlets of Varna and Etna. Pg. 144. Fames F, Schug, Supervisor Town of D2-yden RE: Lucente Project August 10, 1999 Page 5 Medium density development i,s proposed, in the Ithaca- Cortland corridor and is located primarily along the major traffic routes in and around the two villages, and in the hamlets of Varna and Etna. These are the areas which are curx•ently experiencing the most extensive change and it is anticipated that they will continue to be attractive growth areas in the future. Average density ee of 4 to 6 persons or approximately one and ore -half families per gross acre are proposed as the general development pattern for these areas. This level of development could well be increased to 6 to 10 persons per acre when sewage treatment facilities are made available." Pg. 1506 For comparison, the average density (town wide) is 4 persons per acre (including the villages). The average density in the mobile home park in Varna is 13 persons per acre. The proposed density of the action is 41 persons per acne {assuming 3 persons per unit on build - out }. Question $• Is the proposed action compatible with adjp oiningfsurrounding land uses within 1/4 mile? Yes. The proposed action i.e for connected single fanily rental housing in 6 separate buildings, i James F. Schugf, Supervisor Town of Dryden RE: Lucente Project August 10, 1999 Page 6 Question 12 (a). Will the proposed action result in the generation of traffic significantly above present levels? (a) If yes, is the existing road network adequate to handle the additional traffic? Now This answer should be changed since some minor goad work will need to be done on Mt. Pleasant Road. Such work does not include, work which will involve improving the site distance along Mt. Pleasant Road. Please note that the above responses are advisory only and when possible we have tried to give you the basis for our reasoning. It is permissible to include that basis, or any other rational basis the board develops, as an explanation for its request to change any response on Part I of the EAR'. If you have any questions, please feel free to contact us. Very truly yours, Mahlon R. Perkins Town of Dryden Attorney MRP f Id Part 2—PROJECT IMPACTS AND THEIR MA NITIJOE RC5�)UIiSi')ilitI' ns Li s Azenc,y General Information (Re3d Cafefully) ' In corn,)Ic6nl IhQ form tale revrewcf Should be �uidcd 17 }' the (Ijuestion- ;:amL,' n)} 1 ,lrid deL(L'r,ninpdon5 beQn r(2asona0)10 T se reviewc!r is not expected to be an expert environs- dental analyst. • The Examples provided are to assist the ieviewer by slla. ing tl,1>75'01 iIi}Pac[S zsnC.'''•4Al7eie . er poSSiE fe tilt• 911reshold of aflagrritLrde that would trigger a re5p0,15e in Column 2. The are generally applicablc throu8 :oul the Mate and for most Situations. taut, for any 5peciJic project or sidle' other examples andlor lower thresllolc.,5 iraay be ; ppropriate for a Potential Large Impact response. ihLfs requiring °va4r,3tion in Part �. * The impacts of each praiect, on each site, in each loct},Jity, will vary_ 'I Ilereiore. t�,e examples are illustrative and have been offered a5 guidance. They do riot constitu.Rte an exhaustive fist of impalcis and thresholds to ai)5WEhr each [,Lueslion, * The number of exaMPIaS Per question does +lot indicate the ilnporran�.c of each clliQc,ian. * In identifying impacts, vonSider long lean, short Cernl and [urr,lalrve crtlC�Cts. Irtstrtrckipns (Read carefully) a_ AAs er each of the 20 questions in PART 2. Answer Yes If there will be any impact_ b_ Maybe answers Should be considered as Yes answers, c: li answering Yes is a queslion ihen Oeck kiss appropda :e box (column 1 or 2) io indicate the potential size of the impact_ If impact threshold equals or exceeds any example provided, check column 2. If im;)ac4 Will Occur bUlt threshold is lower Than example, check column 1. d. Ideniifying chat an impact will be potentially large (column 2} does no+ +lean shat i1 is also necessarily sigairlcant, Any lame Impact mvsi be evaluaiccl in PART ? Jo deicrfnine significance. Ident0ying an irnaact in Q01wil,- 2 simply asks that it b2 looked at further. e_ If reviewer has doub? about size ai 1he impact iheA considQr the impact as potentially ia:ge and proceed to PART '1- f. If a potentially large impact checked in wolwiin 2 can be miligatec by change(s) In the project to a small to moderale impact, also creek the Yes box in co1:rr;dn 3. No response indicake2� that such a reduction is not possible, This mull be explained in Part 31 IVIPAOT ON LAND 1 , Will Lhe proposed action result iri a physicaJ chsroge to the project site? El N0 INY�S Exornples that would apply to colunl.t 2 * Any construction on slopes of 15% of greater, ('15 foot ri5i� per 100 foot of length), or where the gerieral slopes in the project area exceed 10 %. * Construction of) land 'f1 ;ere the depth to the watryr rahle is less thar, 3 feet. l� El Yes I]NIo �l FD ❑Ycs OPaL�io 7 ' Construction or paved p. -wkinr 3re3 foe 1,000 of mafe +elliclrrw_ ❑ LI N/A ❑ Dyes ONO L1 ❑ El Yes Q m o ❑ 17.1 ■ Construction on land where bedrock is c;Xposed oI �cdierafly ❑ within 3 r`eet of existing (;round SLrrface. N/A • Constrw:tion that will continue for more t ;,an 1 ',ea+ Dr in-Voker; nlor�k 1%)3n one phase or Stage. Excavation for inining purpo5e5 [hat would remove more chars leoll0 tons of natural material (i_e., rock or soil) per yeti; N/ * Construction or expansion of a 53nitdiy pIf) r'iII.. N/A Cans ?ru{iion in a. deesignated floodway. NIA * Caller impacr5 ^.6 2 -Vial there be err of ferr? 10 any unique Of LI„uSUaf la+sd foilllS fourIJ gr} the site? {i,c., clir'fs. dunes, Ecological forrnatioeos, ecr, ]R]NO OYES * Specific lanL� rormS: 6 1 rnafl to Mciderate Impact 2 Potential urge Impact 3 Can Impact Be Wipalea By Projeci Change ❑ 1'?5 Iowa l� El Yes I]NIo �l FD ❑Ycs OPaL�io 7 0 ❑` f'f ❑- N, v. ❑ LI QJYe5 ❑ Dyes ONO L1 ❑ El Yes Q m o ❑ 17.1 Dyes 0I�o 0 0 ❑Yes 0 N1 ❑ ❑ ❑Ye5 01%4o IMPACT ON WATER 3 Will proposed ACtiOn ariect arty water body designated as ptolcc;Etd? fUndef Articles 1 So 24. 25 of the J: nviroriin nlal Conscivalron f O oy s Examples that would apply to colurnn 2 r Developable area of Site contai,-)s a protected % %taker body_ • Oredging axrore than 100 Cubic yards of material from channel of a protected scream, • extension of Utility discribufion facilities 1.1wodugh a pfotectnkJ C1(eL body. Construction in a designaled fre5M% later or tidal 1.v'?rland. • O ±her impacts; Will proposed action affect any non protected existing or new body of water? ❑NO ]YFS Examples that would apply to column 2 ■ A 10% increase or decrease in the surface ::ea of any body of water or more than a 10 acre increase or decrease, NIA • Construction of a body of wi,ter that rrxceeds 10 acres of Burr "ace al'ea. ■ Other ip) pacts: recons.trugti.an of existing darer which, was not built according to any plan or inspected at the time it was built S. Will Proposed Action affect surface or grouodwa'r.sr quality or quantity? 1:1 No in yES 'xamples that would apply to column 2 * Propo5ed Action will require a discharge ¢ermil, * Droposed Action requires use of a source of vwater that does not have approval to serve proposed (project) action. N %1A Proposed Action requires water suppfy from wefts with greater than 45 gallons per rainuce pumping capacity, N/A + Construction or operation causing any contamination of a water suppfy system. * Proposed Action will adversely affect groundwater. Liquid effIuQnt will be conveyed off the site to fatuities which presently do not exist or have inadequate capacity, N/A * Proposed Action would use water in excess of 201000 gallons per day. N/A * Proposed Action will Ufdy cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual Contrast to natural conditions. Proposed Action, will fegtlife the storage 0r petroleum or chemical products greater than 1,100 galloa)s_ hl /A • Proposed Action wilt allow residential uses in areas ivithout viater andlor sewer services. NIA • P.opoSed Action focates commercial andlor industrial 4rses which may require new or expansion of existing waste r[03trnent and/or 5ko+-age r'aciIities. N/A ' Other ;rripaCkS; 6- Wilt o r J posed action alter drainage flog. or patlefn5. Or surface water runoff? ONO IMYE5 Examples that woufd appl'V W r=plun)n 2 * Proposed Action wouJd Change flood waicr flows, 7 1 2 3 rncr- 10 Pol�ntlaI ao7 Impact Be M, ode raIe Largo Nlitigy�t °d fay linpact Impacl Project Chance ❑ El Yes 0i o ❑ D I ❑Yes LING ❑ 1 ❑Ye5 DL�,o ❑ I yrrs 0N10 Fl ❑ Dyes 0o�4 o ❑ D I ❑Yes LING ❑ 1 ❑Ye5 DL�,o ❑ I Myes C1 No ❑ En ❑yes MNo ❑ I1 ayes (3 1\'o Cl I 0 ' IDYes ❑mo ❑ I M I ®Yes (3No ❑ —'� Dyes 0?L�0 D ❑ ❑Yes ONo ❑ ! ❑ I []Yes Do ❑ 1 Q I MYes ONO ❑ 01 ❑Yes ❑No D ❑ 1 ❑Yes ❑� +o 0 r ❑ 0 1 ❑ I M Dyes ONO ❑Yes ❑No 91 Yes ❑oQ * Proposed Action fnray calise sobstanIiz.l erosion + Proposed Action is incompatible wrth existing drainage pal ?erns. Proposed Action will allow development in a designated flo-Ddway, No • Other impacts; cleaning of existinp. unnamed r:iUeam_ from site to Route 366 culvert IMPACT ON AIR 1 Will proposed action affect air quality? 191h'0 DYES Examples that would apply to colurrin 2 * Proposed Action will induce 1,000 or morc vohicle trips in any givers hou r. No * Proposed Action will result in the incineration of more than 'I ton of rer 'use per hour, No • Emis5ion rate of total contarninant5 wiJI exceed 5 lbs. per hour or a heat source producing mare than 10 million B,rus per hour. No • Proposed action will allow an increase in the amount of land cornollitted to industrial use_ No ■ Proposed action will allow an incr(zme in tiVe densitl,2 or` industrial development, within existing industrial areas, No • Other impacts; IMPACT ON PLANTS AND ANIMALS €. Will Proposed Action affect any threatened or enc9angered species? QNO OYES Examples that would apply to column 2 • Reduction of one or more Species listed on the New York or Federaf fist, using the site, over or near site Of fOLrnd on the site. * Removal of any portion of a critical or si�aifican4 wildlife habitat. w Apph(:a #ion of pesticide or herbicide mole than twice a year, other than for agricuf[uraf purposes, * Other impacts:_ 9. Will Proposed Action substantially aire[t fti ^n- threatened or non - endangered species? K) NO DYES Examples 'diat would apply to col4!mr7 2 * Proposed Action wcuid 511,bstanually interr °re wish any resident or migratory h5h. shellfish or wildlife slJecies No Proposed action requires the ferrioval of more thon 10 acfes of mature Forest {over 100 years of age} or other locally important vege[,7tiork. No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agriCultLrral lartid re;ovrces? 0 *JO OYES l:xamtrl�s tl�at wog ^Id apply to Col��m:x 7 * The proposed action would sever, CrOSS pr limit access to agricultural land (includes cropland. hayr`ieldi, pasture. 'sir.�}y2fd, orchard, etc.) 8 1 Small to tkf�odprale Irnoact 2 Po�cn;ial t_arpe Impact 3 Can Impact Be Viiii9aled By Projcci Change 11 9) Kites ONO LJ []Yes ONo ❑ i I Yes ❑ r+o LJ lLD LlYes Qh'o I� ❑ D Ycs ❑ NO ❑ ❑ ❑Yes ED-No ❑ ❑ Dyes ONO ❑ ❑ ❑Yes ❑No ❑ 0 FJ Yes 0No El 1:1 ❑Yes❑ iNo Cl Er C]yeS ONO ❑ ❑ El Yes ❑No ❑ E) 0Yes ONO ❑ �? ❑Yes 01\1 o 0 ❑ Yes 0"o ❑ ❑ Dyes ❑No 1 2 3 Small to ir'olenIi�_9 Cmi1 Impaci 8e NJ, oderatC Large Mitigated By Impc ^c4 Irnp¢c1 Project Change ■ ConS4ruCOOn artlVlty s OFAd exCavale or Cor➢lpaCt the 50rl profile of ❑ ❑YCS ❑No agricultural' lane, • The proposed FIctiori would IrreverSibly Convert morie thAn 10 aCres CJ Cl ❑n Yes ❑No of agricultural Jand or, if located in an Agricultutal District. more than 2,5 acres of agriruttural fared. • The proposed action would disrupt o+ prevent install ition of at iicuftufaf ❑ ❑Ye5 0 N land wanagerr.r,,i! systems (e.g., 5Ub5UifcCe drains lldles, outlet ditche`S. Strap Ciopplr}g), or crcalr' a deed for Stich rTieaSUreS (e -g. rausw {} f, -rm field to drain poorly due to increases rui;offl • Other impacts; ❑ ❑ oyes 11 No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? NI NO ❑YF.S [If necessary. use the Visual EIRE Adaenciurn in Sections 617.20, Appendix 8.] Examples thiit would apply to column 2 ■ Proposed land uses, or project components obviously different fnon7 ❑ Q Dyes ❑r�'o or in sharp contrast to current surrounding land t!se patterns, vkethcd man -made on natural. • Proposed land uses, or project components visible to users of G ❑Yes El No aesthetic resources which will eliminate of 5ignificantfy reduce their enjoyment of tl)e aesthetic qualities of that re5ourCe- • Project components that will result in the elimination or Significant ❑ ❑ ElYes ONo SUeening of scenic views known to be important to the area. ■ Other impacts; — _ ❑f ❑ ❑Yes El NQ IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 17: Wilt Proposed Action unpack any site or structure of historic, pre., historic or pafeontologicaE importalice? ONO OYES Examples that would apply to Column 2 + Propo5ed Action occurring whoffy or partially within or substantiaffy Q 0 Dyes UNo contiguous to any facility or site listed on the State of National Register of historic places. Any impact to an archaeological site or fossil bed located within the ❑ 0 ❑Yew P.N0 project Site, • Proposed Action will occur in an area design led as sensitive for ❑ 0 QYes 1:1 No archaeological sites on the NYS Site Inventory. • Other impacts: Q ❑ C1 Yes ❑No IMPACT ON OPEN SPACE= AND PECREATION 13. Will Proposed action affect the quantity or quality of existing of future open spaces or eecreatiorial opportunities? Examples that .would apply to column ? LINO KIYES • The permanent foreclosure of a future recrea6onai opportu+)ity. ❑ ❑i El Yes DNo ■ A major red4iction of an open Space iinPorrant to the community. ❑ ❑ C–) Yes 0 N • Other impacts; easement re ulred for development of ®JYes No future recreational trail 9 IMPACT ON CRITICAL ENVIRONMENTAL AREA 14 Will Pror }Us °d r'%cuorr impact the eN- ce >riorr{lf or unigdji chaja�lcr• FD iSfIIiM1M1C5 of Critical env ironnten,2J area (C�+) established per suaw 10 { 5Ubdivision 6 NYC RR 611.14(g)? &INJO l yFS 0 L' Df (es ❑ No 1,i5i the environmerptaI charbcterlstics,h ?It Caused the des i�)ntltiorN or Irie {_FA Dyes 0Np 6' ? 1X;IMPI6 that Proposed Actiar * P,• ?osc�r1 0-f Lion Proposes Action Wt to Wid aPPIy 10 CG141nin locate w- iihirti he CEA? re5uh iri {7 r0o1-lvtion in the quanlit�, of thr rLaSUUrcn I result in -1 reduction ird the gU8Iity of thr_ rr�sorlrre + Proposed ) ;Ction %Vill id- Tlpa�; the 1-150, funCtiorl or er,lOympenl €]f She r�SOUrCefi Qlher impaus: -- IMPACT ON TRANSPORTATION 15 Will thorn be an e;fect 10 L'X15trng transportatlorl 5y5lcm5r NO TYEj Examples Char would appl�r, to Coi1-rmn f * Alteration of Present patterns of moveni�m of people an6'or goocs ■ Proposed AtitLion will resudft. in rrlaIor tra is problems ■ Other impacts: - -- IMPACT ON ENERGY i6 'A`ill prolsu5ed aChiDn afiecc th(% cor111nu.nity5 Sources oe fusel 01 energy 5r °p1]J)'? ONO F)Y1:5 F.xarnple5 Ehal wou.1cl apple ;o Co+urnn 2 * Proposed Aclior. w'll CAUSe � gre.11Cr t:lar1 ] °l0 1n(rC'JSL' in ?hc' use C�I �ai %y fpm of eaeq! in I.,e municipality Proposed Atllofl Willi r0QUile dle {r'.'A[ ion or f X(42r)Sioll or d11 fn0r61' rran n.ission Or supply sysIem to serve more Ihan 50 Si11�le or Iwo fanril�. re>1den ,ce5 o1 to 5erwe a rnaiior Co,i11rnL;C;ial )1 indt151ri�11 1,S[` * 01hei imprCls '10 sima1I to ModefPIC Impac? Pot i:lltl i Paige, impact 3 C�In Imvacr 8e MjliC:Aled By Project Change FD ❑ .I]YCs 0 m C 11 Jyes UNp 0 L' Df (es ❑ No ❑ ;_1YCs El No L7 Dyes 0Np 6' ? nx 'l Yes M r,%'o FN [Dyes QNo 1CI LJ LJ "_J y C 5 U n1 o 0 U yes EINJO l� IJ L res �J"INa a V F1Yes F.-1No NOISE AND 0DOR IMpPACT; "DE] Can Irrr� a 17 vVill (herSZ, be.ob ecilonab.1,2' C}dois, fiOiSe. or viibr{Ition }$ r7 rE1SLJh Mitigated By of 1hQ proposed action' El NQ I ES Pfojecf harige Examples Thal 5kOVIC 2ppI� to column 2 t3ta5tint; within 1.50 acct or' � hospi[ ii. SCl,00f o: r)lhcr son Si[i-de &ees ONo f zcility. _ ' Odors will occur foutjnefy (more than one ho4!r pnr da�r: ). ❑Yes Lho ' Plopu5 ^d .Action %viJJ produce operating noise - excreeriing L71t'. 1;,cal Dyes ONO ,1mbient noise 1e�.eis ror nose outside of structure >, Droposed Action 1,vilf fernove ilat[ual barriers that would act as Cl ❑ ❑1`es ❑kdo npise screen. Other irnpacts: odor and noise temp9rari1v during D flYes ❑Io construction eriods IMPACT OIL PUBLIC HEALTH 15. Will Proposed Action affect public health and safety? ONO LtlYES Exarniples that would cipply to column 2 ' Proposed Action may cause a risk of explosion or release of hazardous substarrre� (i_e. oil, pesticides, chemicals, radiation, etc.) iri ?hc cver�t of accident cf upset Condition5, or there may be a chronic lox, lei eel L7115618fge or emjssicn, • Proposed Action u-jey resuiij iii the burial or "hazar�00.,S tivaSLOS" in anv form (i.e. [pxi{, upi5orl"% highly reactive, radioacLi.e. irritating. infecliodis, etc,) �' Storage facilities for one million cir more Lallans of Iiquihl d natural gas or other flammable liquids_ • Froposed action r*t {7y restrft in the excavation or other dislurpar,ce wifhin 2.0W feet of a site used for the disposal of solid o, hazardous waste. ' Other irnpa(;ts: IMPACT ON GROWTH AND CHARACTER OF COMMUNJTY OR NEIGHBORHOOD 19 Will proposed ac tion affect Life character or` the exisfin[� C;omn) unity? Examples that would apply to column ON() [DYES ' The permanent pop,.,lation of the city, tow el or viff$8c in which the Project is located is likely to grow by more than 5 %. N/A The municipal budget for capital expenditures or operating sefviCes will increase by more than 5% per year as a result of this proje[t.'No ' proposed actions will confliCL with ofriciall'r adopted pfans or goals. * Proposed action will cause a change in the density of land ;use. Propo5ed AQtion will repiacc or elimi +late existing facilitics, structures Or areas Of historic importance to the Communily. No * Oevelopjneni will create a demand for additional comrnulrif,l services (e-g- schools, polite and fire, e[c.) * Propo5ed Action w:jdf Set rail important precedent for fv'Lurc flrotecfs,N ' Proposed Action twill create of efiminrale cniployrri nj 01r7Cf impa[tS: L) ❑ I Dyes DrNo ❑ a ❑ I Loxes ONO ❑ I 0 J Dyes ONO [:J I fJ . 1 fo'x'es 0kno ❑ I ❑ 1 Oyes [7) NO ❑ 1 D I LYes u1slo 0 ❑Yes El N10 LEI Yes 0 N 0 (e5 ❑No ? Dyes ❑No ? ❑Yes C)No 0 L1 ❑Yes 0 NP OYes JONo ❑Yes FJ L�o 20 I's thefe, or is there likely to be, public C"trovC'SY relaf[.I Lo Puteritial - dversc onvironmentaf imparts? ONO WYES if any acLlon In Parr � Is rdentilied os a pwi�ntial I�rge tmpdcl Or it you cannal delLfnline the magnitude of llnp,cir Proceed Io Par1 a 11 TOWN BOARD: TOWN OF DZRYDEN; In the Matte27 of the Application of STEPHEN & PATRICIA LUCEN'T'E, LUCENTE DEVELOPMENT for an Environmental Assessment Pursuant to the State Environmental Quality Review Act (Environnental Conservation Law Article 8) PART 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS This Part 3 to the Full Envbxonmental Assessment Form filed by the applicant was prepared by the Town Sward of the Town of DL-yden as lead agency. Numerical references are to the questions in Fart 2 of the EAF which was completed by the Town Board. * .�. - • 1. Will the pKpnnsed action result ire a physic 1 _hange tQ the project site? Yes. The project site is approximately 12.3 acres. Over 4 acres will be disturbed du2�ingr construction of the pxcject. This includes a pond of .67 acres which has to be reconstructed. Nearly 3.8 acres of impervi e ous surface will result. The Town Board identified potentially large impacts resulting from physical changes to the project site to include: erosion, siltation and run -off. The discussion of these potentially large impacts result a�ng from a physical change to the project site also pertain to questions numbered 4, 5 and 61 These potentially large impacts can be mitigated by employing generally accepted methods to control erosion, siltation and run -off during and following construction. These methods include the preparation and implementation of a suitable grading plan, the preparation and implementation of a suitable erosion control plan and compliance with the terms and conditions of the SPDES Discharge Permit required by the New York State Department of Environmental Conservation (NYSDEC). The probability of the impacts occurring is significant because of the slope of the site and since large areas of the site will be disturbed during construction. construction is expected to take more than one (1} year. During construction erosion and siltation may have a potentially large impact on Fall Creek which is a water supply for Cornell University. The erosion potential will be particularly high during construction given the slope of the project site. Run -off from the site following construction can be controlled by limiting the amount of run -off to pre- disturbance levels and treating the run -off on site. Following completion of the project, when snow i,s removed from the parking areas and driveways, it will need to be stockpiled on the site. The stock - piling may result in increased runoff during periods of extremely warm weather or rapid melting. The "Fawn Board determined that there is a possibility that during construction buried solid waste might be discovered. (It is presently unclear whether there was the unlawful burial of solid waste on the project site,) This is an important potential impact since immediate identification of such waste and remeciation would need to be undertaken upon the discovery of unlawfully buried solid waste. This impact can to mitigated by requiring that construction activity cease upon the discovery of any such material and requiring prompt notice to the Town of Dryden, the Department of Environmental Conservation and other agencies having jurisdiction over the discovery of such conditions. Based on the information available, the Town Board believes that it is reasonable to include that these impacts are important. 4w Will th(e pr,oposed action affect any non - protected . existing ng or new body p.L.lyater? Yes. currently there exists a man -made pond on the property which was created by the eorkstruction of a earthen dam. Apparently the pond was constructed by aomecne other than the project sponsor without any plan or inspection of the construction. The present condition of the dam is unknown. There is a significant potentially large impact should the dam fail bEfore, during or following re� construction. See also discussion of impacts in questions 11 5 and 5. The project proposes the use of the dam to contx•ol run -off from the site as well as non- site run -off. This impact can be mitigated through the development of a plan to re =construct the dam to specifications which till insure that it will serve its intended purposes and not he a danger to those living downstream siltation are also possible impacts Erosion and duxingf re� construction of the dam. Without re- construction of the dam to recognized safety standards the potential impact resulting from darn failure will be permanent. Fallowing re- construQtion continual inspection, monitoring and maintenance of the dam will mitigate future potential large impacts. Based on these considerations and the considerations discussed in number 1 above and numbers 5 and 5 below, it is reasonable to conclude that this impact is important. ■. +1. aff • Will PKoposed Action effect Surface or Grounftater 011jjlity or Quantity? Yes. The project requires a SPDES Permit from the NYSDFC, Compliance with the teams and conditions of the permit will help mitigate potentially large impacts from the action. 4 Construction of the project or its operation has a potential, to cause downstream effects on Fall Creek (the Correll University water supply system) due to the disturbance of existing groundwater dynamics, erosion, siltation and non -point source pollution, (See also impacts discussed in numbers I and 4 above and number 6 below.) Mitigation of non -point source pollution may be possible by treatment of non -site runToff entering the site as well as site run -off and control of the rate of run -off. Other mitigation measures are discussed in numbers 1 and 4 above and number 6 below, Uncontrolled nog, -point source pollution has the potential for a continuing large impact to Fall creek and the Cornell University water supply, Because of the extent of the paved and impervious surfaces which will result following project completion, the amount of the site which will be disturbed during construction, and since construction impacts will exist as long as construction continues, possibly over several ears, and based on the information available, it is reasonable to conclude that these impacts are important. Some impacts will I ikely end following construction if a suitable drainage plan, erosion control plan and landscape plan can be developed and implemented. 5 •: runoff? 6o Will proposed actign alter drainage flows or patterns, or surface water See discussions for numbers 1, 4 and 5 above. Based on all these considerations and their previous discussions above, it is reasonable to believe that the impacts are important. 13 Will proposed action affeQt the quantity or quality of existing or future open spaces recreational •••• - Potentially large impacts have been identified as those resulting from additional noise, light and the visual impact of the project on a recreational trail proposed to be developed by the Town of Dryden on the southeast border of the project site. This part of the site contains the bed of the abandoned railroad property which is proposed to be developed for a recreational trail. These impacts can be mitigated by a suitable landscape plan shielding the project site from the proposed trail. Such a plan might include retention of as much of the existing vegetation as is practicable. It should be noted here that the project sponsor has indicated a willingness to grant an easement to the Town of Dryden for the proposed recreational trail. This impact is not important since the applicant has agreed to grant the necessary easements to the Town of Dryden. 6 15. ! W+i 11 Traffic patterns will be changed because of the development of a new ori-gination point and end destination for traffic. Traffic will have to enter and exit the site from existing roads thereby creating changes in existing traffic flows and patterns. This is a potentially important impact because it will be irreversible and will be permanent. The likelihood of this impact occurring is significant. This will have a regional impact because additional traffic will be funneled onto a local road (tit. Pleasant Road) and onto New York State haute 366. Additional "intersections" will be created (driveways to the project onto New York State route 366 and Mt. Pleasant Road.) Known objections relate to this impact. Additionally, increased traffic may result in a higher demand for public transit (which may not necessarily be a negative impact). The impacts can be mitigated to some extent by the applicant demonstrating how he can obtain a New York State Department of Transportation Highway Work Permit and by providing a detailed design for the approval of the proposed mt. Pleasant Road driveway. Potential mitigation of this impact can also be had by limiting the size of the project, 7 Based on the information available, the Town Board believes that these impacts are important because they will occur and they will be permanent. Will there r n. - . +n result h- • Ambient noise levels are likely to be exceeded during periods of construction due to operation of heavy construction equipment an the site and to and from the sate. Nolse from hammers, saws, Eir compressors and other construction tools will also likely increase the local ambient noise level during construction. Potential mitigation of these impacts include limiting hours of construction and requiring the installation and maintenance of factory specified mufflers and sound control equipment. Additionally, retention of existing vegetation as much as passible will serve to deaden the sound. 'these impacts will be temporary during construction. These are IrLnportant impacts because they affect quality of life during periods of construction and can to some extent be mitIgated. Following construction the ambient noise level will be typical of a residential setting, but less than that along New York State Route 366. 9 �1 • . • • • • ,.Leftout, too • • • • t • • 19. Will proposed action affect the characteK of the existing 11 11 , _ _ While it is an established rule that inclusion of a use in a zoning ordinance is a per se finding that it is in harmony with the neighborhood, under the Town'of Dryden Zoning Ordinance, the Town Board must consider when granting a Special Permit "...whether the location, the use and the nature and intensity of the operation will be in conflict with the allowed uses in the zone or neighborhood ". The document "The Dryden General Plan" or "A General Plan" (1986), Egner. & Neiderkorn Associates, Inc. which is now over 30 years old opines that, "There is a clear tendency toward a concentration of development..." in an area which includes the project site. The "Dryden General Plan" proposed medium density development in the Ithaca corridor in which the site is 'located, especially around the hamlet of Varna. The Dryden General Plan proposed a level of development of 6 to 10 persons per acre when sewage treatment facilities are made available. Both public sewer and public water will serve the site. The project would significantly increase the intensity of the use which is allowed by special permit. This impact 01 could be mitigated only by reducing the size of the project (i.e. reducing the number of units). Based on the information available, it is reasonable to conclude that the impact of increased density is important given the number of housing units proposed when compared with the existing surrounding density of development. Additionally, the Town Board identified potential impacts on the Ithaca City School District, the need for fire protection by the Varna Fire Department and the need for increased police and public safety protection. However, ® based upon all of the information available it was determined that these impacts are not potentially large. Mitigation of the impacts identified above as potentially large would also have the affect of mitigating these impacts. to TB 8 -10A9 Supv Schug - The recommendation is to set a scoping session which will again, even though we have plenty of comments from all involve, a scoping session is another bite of the apple. We should probably do that scoping session when? Cl Grantham - Well do we need to do that? What is the purpose of the scoping session? Atty Perkins - The primary goal with scoping is to focus on the potentially significant adverse impacts which have been identified and to eliminate consideration of those impacts that are irrelevant or non - significant. In other words to give the applicant some direction to what is expected in his draft environmental impact statement. Scoping also must involve public participation and my suggestion is that while this is fresh in everyone's minds that we do it as early as possible so as not to delay unduly the applicant. The scoping session can include a draft scope prepared by the applicant at that time or simply sitting down at a public forum and sort of making a list of the things that you want to see addressed in the DEIS. I'd like to keep that as simple and as focused as possible, and I think by completion of Part 3 that the Board indicated what it considered as the important impacts and certainly the scope will have to include. It's a chance I think to expand a little bit more on those impacts and how you might address them in the DEIS, what we would like to see with respect to the DEIS and how it addresses those impacts. For example, how detailed a grading plan should we expect, how detailed an erosion control plan should we expect, how detailed a plan at this stage should we expect to see for your highway work permit application, or the design that you will submit. It's a chance for some give and take on the extensiveness of the DEIS, so my thought is let the public have their input. Let's do that as soon as possible and then you can come back with your draft scope from that if you want, or you can submit your draft scope first and let the people shoot at it, which ever way you want. But at some point the Town Board has to come back with the final scope of what the DEIS should contain. So, at some point you are going to have to submit a draft scope. That can be before or after public participation and at the final stage within 60 days the Town Board will submit the final scope. So it is really up to the developer whether he wants public participation early on or wants to submit a draft scope. J Stevens - When do you want to do this? Supv Schug - We can do it next Monday night, the 161h, or Thursday night, the 19th ZO Slater - That's planning board night, unless you take it to Varna. Cl Grantham - How about: Monday, the 231YJ? J Skaley - Is there a special publication time period that you have to notify the public about this? Atty Perkins - There are some time limits, but if we are talking about being out two weeks I think we're okay. Supv Schug - And most of the public is here anyway. Comments that a lot more people are interested. J Stevens - If Mr. Lucente wants me here, I'm in Buffalo on the 23,*'. Is there any way to put it off to later that week, the 26th, or 30th or 31 st? Cl Grantham - The 26th is fine with me. 0 Atty Perkins - I have a prior commitment until probably 8:00 am. Page 53 of 54 TB 8 -10-99 D Potter - Here or in Varna? • Cl T Hatfield - We had a problem last time that were addressed here. At least there are microphones and some attempt for communication. As important as this is, I think we better have it here. We've got the modern speakers and whatever. D Potter - Well rent them in Varna if you need more space. Supv Schug - Well have it here on the 2611, at 8:00 p.m. Cl Grantham - That's fine. The Board moved into executive session at 11:25 p.m. No action was taken. Respectfully submitted, A� 6; mot Bambi L. Hollenbeck Town Clerk Page 54 of 54 TCWN of oRyuEN Town Board Mecling August 10.. 1999 _, qs3 Address P.zcll�� (Q �� \�Q-ci NA k 44 Tk�j W-I 60)< 6o j212 QZ=LL. c� acc� A), �. 33