HomeMy WebLinkAboutZBA Minutes 1973-08-08 i
TOWN OF ITHACA
ZONING BOARD OF APPEALS
AUGUST 8 , 1973
EXECUTIVE SESSION
An Executive Session of the Town of Ithaca Zoning Board of Appeals
was held on Wednesday , August 8th , 1973 , at 7 : 30 p . m . in the Town of
Ithaca Offices , 108 East Green Street , Ithaca , New York .
PRESENT : Chairman David Powers , Loran Marion , Laurene Ripley ,
Jack Hewett , Roger Sovocool , David Cowan ( Zoning Officer) , Reynolds
Metz (Assistant Zoning Officer) , Nancy Fuller ( Secretary) .
ABSENT : None .
ALSO PRESENT : Mr . George VanEpps , Mr . John VanEpps , Mr . Truman
Powers ( as a member of the Corporation) , Mr . James Calhoun of the
Soil Conservation Department , and Mr . John Barney of Buyoucos and Barney ,
Town Attorneys . ,
Chairman Powers called the meeting to order at 7 : 40 p . m .
Mr . David Cowan stated that this discussion refers to the Coy Glen
portion of the Rumsey- Ithaca Corporation . Mr . Cowan stated that he had
received a letter from Mr . VanEpps as President of Rumsey- Ithaca Corp .
dated June 27th , 1973 , making application for a permit to operate a
sand and gravel plant pursuant to Order of the Justice of the Supreme
Court on April 26 , 1973 .
Mr . Cowan stated that this meeting was to be an informal discussion
of proposed regulations with respect to Rumsey- Ithaca ' s concept of their
operation and what regulations the Town of Ithaca could impose that
would comply with the Court Order , the Town ' s requirements and the
continuation of the operation of the Rumsey- Ithaca operation at Coy
Glen . Mr . Cowan asked that Mr . VanEpps review his operation with a view
to how his actual operation fits with the proposed regulations .
Mr . VanEpps stated that he had not received a copy of the proposed
regulations ( see Minutes of Zoning Board of Appeals of June 18 , 1973 ) ,
but that he would be happy to go over these proposed regulations page by
page with the Board and would endeavor to cooperate fully .
Discussion followed beginning with Page 1 , Article A . Operating
Standards ,
Mr . Cowan stated that Item # 1 is a standard requirement as
required in the past of other operators , e . g . , Landstrom , Lynch on
Enfield Falls Road , Mr . Loran Marion pointed out that there are other
people in this business such as University Sand and 'Gravel , etc . , in
the City of Ithaca operating without any such restrictions .
In Item # 2 , Mr . Van Epps stated that on the Coy Glen side of the
operation there would be no problem with the 100 foot requirement .
- 1 -
Zoning Board of Appeals - 2 - August 8 , 1973
In the other direction , there is a problem with the County - they have
a joint gravel bank with Tompkins County . As for the upper side - Mr .
Y PP
Van Epps said that there is essentially nobody up there - just Babcock
and a small piece of property owned by Neil Hertz .
Mr . Cowan asked Mr . Van Epps how much land he does have , if he
had a map of it , and what is presently on the site , and how much does he
think there is in the bank .
Mr . VanEpps stated that they will not run out of material for
quite some time . He further stated that his company is planning to be
working with the State of New York in the near future and the State has
several requirements that must be met by firms they contract with .
Among the items required are aerial maps , land surveys , etc . Mr . VanEpps
stated that he already had land surveys ready . He stated further that he
has to have all the material ready for the State by the Spring of 1974 .
He said that the average yield has varied from 60 up to 120 Thousand
Tons a year . He thought that there would be 10 , 12 , to 15 years of
material left on the side of the hill south of Coy Glen . However , should
a job come along that takes around 300 Thousand Tons , that would be a
different story .
Mr . VanEpps continued and stated that excavating is completed on
the North side . They have their plant there . There is some fill dirt
there and some extremely fine sand .
He also stated that on the Connie Cook side he can go back no
farther . On the other side , he can go back 600 ' to 1500 ' farther .
Under Item #3 , Mr . Powers asked Mr . Calhoun if the pool referred
to might be a collection pond . ` Mr . Calhoun stated that it was not . Mr .
Calhoun further stated that he had been working with Mr . VanEpps for
about 2 or 3 years on the restoration angle . It was decided that Item
# 3 is OK as is .
Zoning Board of Appeals - 3 - August 8 . 1973
Under Item # 4 , Mr . Truman Powers felt that this could be a
potential harrassment to the corporation .
Under Item #5 , the length of time was discussed at great
length and the slope was discussed .
Referring to Page 8 of the . proposed requirements Section C ,
Performance Bond , Mr . Van Epps stated that he had inquired of his
insurance company about this and they sent a bonding specialist to
see him . The agent told him that a bond could be provided but that
Mr . VanEpps would have to put up 100% of the money , i . e . , the total
sum of the bond required , and pay the agent a fee for handling the
transcation . It would run about $300 , 000 . 00 cash plus the agent ' s
fee . Mr . VanEpps stated that the firm could absolutely not do this
because it would destroy the business . Mr . VanEpps stated further that
no law can be retroactive - the zoning board can legislate what they
do in the future but not what they did in the past . He continued and
stated that the firm has taken steps to restore the property . Under his
direction they have restored the Buttermilk Falls area in spite of the
fact that his firm had nothing to do with that operation .
Mr . John VanEpps stated that they had planted 900 Arnott bristly
locust trees and 2 , 000 evergreens .
Mr . Marion asked what the cost would be to restore the Coy Glen
area per acre . Mr . Calhoun stated that it would be , in his judgment ,
approximately $500 to $ 800 per acre , with grading and preparation extra .
Mr . Truman Powers suggested that as each area is worked out
the firm would restore it as they go .
Mr . Roger Sovocool stated that the Zoning Board of Appeals had
felt that instead of coming to a Public Hearing and setting up the
conditions for operation of the gravel plant at that time without either
party having an opportunity to go over the proposed conditions , a better
plan would be to have Mr . VanEpps and his associates peruse them carefully
Zoning Board of Appeals - 4 - August 8 , 1973
and make suggestions beforehand . At the Public Hearing there will be
different opinions given . Mr . Sovocool asked if there were anything
in the way of information that might be helpful to the Board that could
be supplied to them by Mr . VanEpps . He further asked if it would not
be more helpful to Mr . VanEpps if he were to go over the proposed
conditions at his leisure . Mr . VanEpps stated that it would be a
much better idea to go over these conditions and then meet again with
the Board . Mr . Truman Powers stated that the company is in the middle
of an engineering and geological survey which will supply the informa-
tion that the Board needs . This information will be forthcoming by
spring 1974 .
It was decided that the Chairman of the Zoning Board of Appeals
would write a letter to Mr . VanEpps setting forth the decision of the
Board to allow Mr . VanEpps to look over the conditions and meet again
with the Board .
The text of this letter follows :
To Mr . George VanEpps , President
Rumsey - Ithaca Corporation
Re Proposed Requirements for Issuance of a Permit to Rumsey- Ithaca
Corporation at Coy Glen
Dear Mr . . VanEpps :
Pursuant to our meeting on August 8 , 1973 , on the above subject ,
the Zoning Board of Appeals hereby requests that you and Mr . Truman
Powers , as a member of the corporation , discuss the proposed require -
ments , a copy of which you received at that time , and submit written
comments , suggestions , additions and/ or deletions to this Board as
soon as possible . Please forward your comments to Mr . David Cowan ,
Zoning Officer of the Town of Ithaca at 108 East Green Street ,
Ithaca , N. Y.
For your convenience I am forwarding a copy of that portion of
the Minutes of a meeting of the Zoning Board of Appeals held on July
25 , 1973 , wherein your gravel operation was discussed .
Upon receipt of your comments we will set up a meeting with you
and the Board for further discussion .
We look forward to hearing from you in the near future .
Zoning Board of Appeals - 5 - August 8 , 1973
The Meeting was adjourned by the Chair at 10 : 00 p . m .
Respectfully submitted
Nancy M. Fuller , Secretary
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David F . Powers , Chairman
Zoning Board of Appeals
Town of Ithaca
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1 : No excavation ; pro .4 ing ; or trucking operation hall
be conducted by the Ru�aBep- Ithaca Co . . before : 7: 00 a ,a , , ' :or after
6 : 00 p .m : . : on weekdays or; before 9 : 00 a s : , or 'after 5: 00 p : o ton
Saturdays , - or : at . An __ time • On Sundays or national holidays . ANy
EYcfr�eN L,® .. ld �+ v ( re . BF.. � rR�ca �m 4y =
. 20' ' No Iurther eat , processing , storage of excavated
naterial , . buildings , or stationary equipment 'shall be permitted
11 within 100 feet of any ` existing property boundary - or within'.- 100
feet directly horizontal from the center of ' the - Coy Glen creek '
bed. , . - •
3 . :: No4excavation shall be made to a depth which would
j create a standing poolrof water unless prior approval has been
obtained from the Town Board .
C iii access roads , , aud
re d -�
*Tom shall , y ,�be paved , watered , ��d or
treated with appropriate mat ri is to, minim ze dust r o
wind blown: pollutants
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s° 6s All .reasonable ' steprt shall .be taken to mini®ize 'y
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, wind blown pollutants . � if , anyy , grave1 in .transit �, s spilled '? y.
on public : roads - within aradus of one -ha mile , it shall , :
N�o�+Y l $ 1 HAn,p �� /.► fo.ht.E 1t• w
be removed. within 24' hours . ,. � ' ko ,.• Co.► .- �y �"r � yS �' ' �'� " °q�"` �'`
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All
7 -:. he process Of * was excavated material shall be
5 v designed: so . .that n4 water with ' suspended silt or -1 sand
particles from this or any other source shall be permitted '
J� to flow into or be disposed of- Into any - stream or natural
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drainage system . ' IQ. �► ` _ , err `'lr wp" A k
The regulations of ' the Town of Ithaca Sign Ordinance ` .
shall apply to all ' signs in connection with this operation.
90: All equipment used . by Rumsey- Ithaca shall be .
operated in such a manner as to minimize noise , vibration ,
smoke and dust . The noise generated by the extraction , cori
veying and processing equipment exclusive of .motor vehicles . '
entering, and leaving the premises shall comply with the
requirements of .Section 429 Subdivision 1 , of the . Town of
Ithaca Zoning Ordinance . when measured at the boundary of the
Treman and Babcock properties . The Town Zoning Officer is
authorized , to prohibit the operation- of any machinery which
emits noise in excess of . this standard F' � '"' Ga
riacN � �1L�It. y Gi 0� FaY � �
10 . All operations shall be conducted in a safe manner
with respect to hazards to persons , physical damage to adjacent .
land , and damage to any natural watercourse or existing street
by reason of slides , avalanching or collapse . .
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11 . Where topsoil is ' ,moved , it shall be set aside for
respreading over the excavated area in accordance with the
restoration plan . Such overburden stockpiles shall be treated
or planted . to minimize the effects of erosion by wind or.
water and shall not be sold or removed from the property.
12. Upon recommendation of the Tompkins County Soil
and .Water . Conservation District, appropriate measures shall
be taken to control erosion and surface runoff water .
130 All excavation areas shall be screened by the
planting '.of .. trees , or shrubs where necessary. �"' 34E I
- 14 . Existing trees and ground cover along public road
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frontage shall be preserved and maintained to a depth of 100
feet from - the roadside .
i5. . . All .. structures , equipment and machinery which are
abandoned or no longer being used by the Rumsey- Ithaca Co .
shall be dismantled and removed from the property within one
year of their last usage .
160 , At the conclusion of the total operation the area
in and around the operation must be returned to as natural a
state as possible . - The ground must be free from debris , . empty
structures and equipment . within one year of the end of . the
operation . Ark C
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Planning Requirements ". .
Included in the Ppplica $va, of the Ramsey- Ithaca
h • - . [;,
Co . for a permit shall be the ;following supporting ' documentation :
1 . Vertical Aerial Photo_zraah'
The vertical aerial photograph shall be enlarged,l .: to '
a Scale -of one inch equals 200 6 .feet , from original photography
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flown. . at 4 negative scale no . smaller than. one inch : equals
1 , 000 feet , . and certified as flown not earlier than two months
prior to the date of application . . The vertical aerial photograph
shall cover:
a . All land requested in permit application*
b . . . .All . contiguous land which is or has been used
by the owner or lease-holder (applicant) for gravel and sand
extraction , processing or storage .
c . All lands within one -half mile of proposed
excavated area .
d . A11 _ public or private roads which provide access
to the property .
The boundaries of these items shall be delineated , using
colored. ' overlays or . according to the instructions of the Town
Planning Board . 1 C Ir C42 L ��.
2 . identification Plat
The identification plat shall be prepared by a
surveyor certified by the State of New York at a scale of one
inch equals 100 feet . This plat shall show:
a . Boundary of the entire planned excavation area
by metes. and bounds .
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b . site topograph tid natural features including
the location of water scours;is '*Lthin the planned excavation
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area .
c . Average thickness of overburden in the area
of excavation operations .
d Means of vehicular access to the excavation
area . .
e . Any additional information required by the
Town Planning . Board ,
3.0 Operations Plan
The operations plan shall be presented on a transparent .
overlay at the same scale as the vertical aerial photograph and
shall delineate :
a . The area of active excavation .
b . The area requested for excavation .
C * The area of active settling ponds and washing
facilities .
d . The area requested for settling ponds and .
washing facilities .
G * The area of existing treatment facilities and
of sand .and gravel storage .
f . The area requested for treatment facilities and
for sand and gravel storage .
In addition , an operations schedule shall be sub-
nitted . specifying the maximum duration of the excavation
® operations and the estimated amount of extraction per year .
5
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4 . Restoration Plan
A restoration plan is required to encourage the a
orderly and continuing restoration of all land permitted to
be excavated for its resources . The objectives of the
restoration plan are twofold : to prevent soil erosion which
g may threaten public safety and welfare , endanger property or
affect the safety , usability or stability of any public
property ; and to prepare the excavated land by grading ,
fertilizing and planting on approximately an annual basis for
its ultimate re - use at the expiration of the time limits set
forth. in. the .permit . The plan for restoration shall be sub-
nitted in three rtss
pa ( 1) a general plan as an overlay- for -
the vertical aerial photograph , ( 2) a restoration contour plat
and , (3) . a description of restoration methods and materials
proposed . for renewal of topsoil and replanting .
The . -, general plan for restoration shall- be presented
on a transparent overlay at the same scale as the vertical
aerial photograph showing :
ae the general area of completely restored land
be the general area of restoration underway
c . . : the general area currently used for topsoil and .
overburden storage
do the general area proposed for restoration during
the period of the permit
e . the general area proposed for topsoil and
overburden storage .
fe the acreage for each item shown on the overlay
shall be indicated on the plan
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A description of the ...' thods and materials proposed
for restoration.. o topsoi to the - required fertility , stabiliza-
tion and rehabilitation , and the amount and type of planting
and vegetation shall be filed as part of the restoration plan .
Prior to submission , a written critique of the methods and
materials proposed in the restoration plan shall be obtained
from the ' Tompkins County Soil Water Conservation District
r for consideration by the Zoning Board of Appeals .
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E . Performance Bond
No permit shall be issued until Rumsey= Ithaca Co . has
filed with the Town Clerk a bond with surety satisfactory to
the Town Board as to form, sufficiency and execution . Such
bond shall be not less than $ 1 , 500 for each acre of land to
be used for the operation described in the application and ,
shall guarantee that either upon the termination of the permit
or of the operation , whichever may occur first , the ground
surface of the land so used shall be restored in conformity
with the specific requirements and the standards set forth in
the restoration plan . The applicant shall file with the .
performance bond an agreement signed by himself and by the
landowners , Allan Treman , Carolyn Treman and John Babcock ,
granting the Town the right of access to perform all necessary
rehabilitation of bonded property in the event of forfeiture
of the performance bond . When and if the portions of the bonded
property are completely rehabilitated in accord with the
approved restoration plan for the entire sand and gravel
operation : at that location , and such restoration is certified
by the TowneBoard , the performance bond protecting the restored
acreage . shall be returned to the applicant by the Town Clerk in
exchange. . for a maintenance bond guaranteeing maintenance of all
restored areas for not less than two years '.
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D . Duration of the Permit
The duration of this paxmit shall be for five years ,
subject to annual review and recertification by the Zoning
Board of Appeals or any .other body designated by Town of
Ithaca ordinance . A letter requesting permit recertification
shall be submitted annually to the Zoning Board of Appeals on
or before the anniversary date of the issuance of the original
permit , -`. Upon receipt of such request the Town Zoning Officer
shall inspect the excavation site to determine compliance with
all provisions of . this permit . He shall make his findings
known to the . Zoning Board of Appeals and the Town Planning
Board in a written status report . Based on this report ,
the Zoning Board of Appeals , after recommendation from the Town
® Planning Board , shall make a determination to recertify or
terminate ' the permit . The .Town reserves the right to review
the permit on a . . less than yearly basis and to revoke the permit
for non- compliance with the conditions of that permit .
At the end of a five- year period the permit may be
renewed for another five years . The five - year permit renewal
application shall include :
a . Vertical aerial photograph at the same scale
and including the same information required in the original
application , but flown no more than two months prior to the
date of the application , for renewal .
b . Operations plan on transparent overlay for
vertical aerial photograph including the same information
required . . in the original application and brought up to date .
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c . Restoration plan on transparent overlay for
vertical aerial photograph , including the same information
required in original . .application brought up to date , showing
restoration accomplishments . Also , a description of any
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changes . . from . the original application in methods , materials
or location of restoration activities .
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