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Coalition Sign-on Letter Requesting Enforcement of Dryden's 5/24/17 Letter to Dominion Transmission Inc and the Town's Public Utility Approval Moratorium

Honorable Jason Leifer
Dryden Town Supervisor
93 East Main Street
Dryden NY 13053

Re: Immediate Enforcement of Town of Dryden's 5/25/17 Letter to Dominion Transmission Inc and the Town's Public Utility Approval Moratorium


We, the undersigned, write to request that the Town of Dryden immediately revoke the Stormwater Pollution Prevention Plan and the Building Permit that it approved for the proposed expansion of the Dominion New Market Pipeline Borger Compressor Station located at 219 Ellis Hollow Creek Road.

The Town publicly announced on May 25, 2017 that it would revoke these local approvals and require a Special Use Permit for the proposed project, but reportedly failed to take those actions according to Town authorities.

See: Dryden Town Supervisor 5/24/17 Letter to Dominion Transmission Inc. Regarding Revocation of Local Approvals for New Market Pipeline

We request that the Town fulfill our requests given the letter and spirit of a Public Utility Approval Moratorium that remains in-force until at least July 20, 2017. We also request that no moratorium waiver be granted to Dominion and no Special Use Permit be issued for the proposed Borger expansion because the facility is toxic-contaminated, cannot fulfill Town Zoning Law requirements and is utterly incompatible with Dryden's comprehensive land use plan for that area.

See: Local Law–Moratorium–Public utilities - Town of Dryden

Our request is based on the following well-documented rationalizations:

1. Proposed Borger Expansion Requires Special Use Permit Proceeding

Dryden wrote Dominion Transmission Inc. regarding the Borger facility expansion that: "Section 501 of the Town's Zoning Law states that public utility facilities require a special use permit in the Conservation zone, where this facility is located. The Zoning Law does not state when facility modifications will require special use permit amendments. Because Dominion's 1984 special use permit was specifically for compressor building and control building extensions, it does not cover any modifications made to the site after that date.

Absent criteria in the Zoning Law that spell out when special use permit amendments are needed/not needed, any proposed changes to the site require a special use permit amendment. The special use permit process is in place to assure that the use will not adversely affect the neighborhood. Because the Town Board looks only at the application before it, it cannot and does not make a pre-determination that any facility, no matter how large it gets or how many changes are made to it, will never adversely affect the neighborhood. Many other municipalities require amended special use permit applications for modified projects.

The Town did not require Dominion to obtain amended special use permits for post-1984 Borger Station modifications. However, there is a principle that there is no estoppel against the government, which means that even if a municipality misapplied its zoning law in the past, it is not estopped from applying it correctly in the future."

2. Dryden Public Utility Approval Moratorium Must be Strictly Enforced

It is shocking that the Town of Dryden failed to enforce its own Public Utility Approval Moratorium with regard to the proposed Borger expansion even though it is specifically prohibited according to the Town's own letter to Dominion:

"However, as Dominion is a public utility, special use permit and site plan applications for the project are covered by the Town's public utility moratorium because more than one acre would be disturbed. Dominion could apply to the Town Board for a waiver or wait for the moratorium to expire, which is currently set for July 20, 2017."

Dryden's Public Utility Approval Moratorium bars the Borger expansion because it prohibits:

"Acceptance, consideration, preliminary approval or final approval by the Town of Dryden Town Board of any site plan or special use permit for new or modified public utility infrastructure (including, without limitation, pipelines, pipes, mains, and conduits), that involves an area of land disturbance associated with the public utility infrastructure of one or more acres."

In addition, the Public Utility Approval Moratorium prohibits: "The issuance of building permits by a Town of Dryden Code Enforcement Officer in connection with any activity prohibited hereunder."

We further request that no public utility moratorium waiver be granted for the Borger compressor station expansion project and that the public utility moratorium be extended until all of the toxic pollution concerns documented at the proposed Borger Compressor Station are comprehensively remediated in strict compliance with all applicable state standards.

This request is supported by the goal of the moratorium: "The Town Board will be considering the following Town of Dryden Comprehensive Plan goals, among others, to determine whether Zoning Law amendments are needed to help assure that public utility projects are consistent with such goals: protect and advance the quality of life of residents; protect the unique natural assets of the Town;"

We also request that no approvals can be granted at this time for the Borger expansion project because:

"The Town Board is concerned that any new legislation would be subverted if public utility infrastructure projects that disturb a significant amount of land... were to be entertained and possibly approved before the Town Board considers legislation to address these issues."

3. Proposed Borger Expansion Conflicts With Town Sustainability Goals

Finally, the Town of Dryden has announced that it is taking action to "Create an action plan to implement practices, activities, and policies that will support the achievement of sustainability goals" in order to "integrate sustainability principles into Town policy and decision-making activities to guide the Town of Dryden towards the measurement and achievement of a sustainable future..."


Given that lofty goal, it makes no sense whatsoever for the Town of Dryden to grant any local approvals for a massive fracked gas pipeline expansion project that would pose on-going toxic contamination threats to the rural, residential neighborhood around the Borger Compressor Station while perpetuating Dryden and New York State's addiction to fossil fuels for decades to come.

We believe that those actions would be totally contrary to the Town's avowed sustainability goals and must not be permitted.

Thank you for your consideration. Please do not hesitate to contact us if you have any questions about our respectful request.

Yours very truly,

Total Signatory Count: 410

Kenneth Ellis
2130 Long Creek Road
Apalachin, NY
Anne Lazarus
524 East 20th St. 2G
New York, NY
Katie Fittipaldi
3 Sugarbush Lane
Pittsford, NY
Joan-Marie Bauman
106 Rupp Road
Monticello, NY
Dorothy Pomponio
Groton Resource Awareness Coalition
206 Elm Street
Groton, New York
Howard Barker
PO Box 113
Smithville Flats, NY
Marc Messing
PO box 4046
Ithaca, NY
steven foster
Professor Emeritus
3906 Chatham Lane
Canandaigua, NY
Alice Saltonstall
409 Hanshaw Rd
Ithaca, New York
annie campbell
fitzgerald rd.
trumansburg, New York
Daniel Emmons
200 Winston Drive
Clffside Park, New Jersey
Jerry Ravnitzky
124 Hill Street
Mahopac, New York
Eileen Gottschalk
3305 Walnut Place NW
Salem, Oregon
Patrice Cortese
343 Sheldon Road
Freeville, NY
Sid Berger
215 Camp Rd
South New Berlin, NY
James McMahon
383 Ferguson Road
Freeville , NY
Silene Binkerd-Dale
392 Locke Rd.
Groton, NY
Mary Graham
4021 McIntyre Rd
Trumansburg, NY
Linda Griggs
147 Mosley Drive, Apt 2
Syracuse, NYCOO
Greg Heist
1667 Slaterville rd
Ithaca, NY
Henrietta Wise
Wife, Mother, Grandmother
American - specifically, a Proud New Yorker
208 Krumville Road
Olivebridge, New York
Charles Burch
396 East 2nd St
Corning, NY
Ross M. Horowitz
820 W King Road
Ithaca, New Yorek
Richard Dale
392 Locke Rd.
Groton, New York
M Marino
Ithaca, NY
Patricia White
7409 Logan Rd
Canandaigua , NY
William Granche
Mr. William J. Granche
24 Lincoln St
Ridgway, PA
Amy Anderson
30 Sycamore Street
Kingston, New York
Bruce MacInnes
739 Oquaga Lake Road
Deposit, NY
Patti Witten
151 Wood Rd.
Freeville, NY
Karen Glauber
140 Oak Drive
Middlebury, VT
shirley kozlowski
115 west road
groton, , ny, 13073
Chaya Spector
6 Nottingham Dr
Ithaca, NY
Judith Johnson
PO Box 724
Croton on Hudson, NY, 10520CLOSE
Karen K Smith
68 Mary St.
Ithaca, New York
Janette Chauncey
LakeHouse Graphics
29 South Street
Marcellus, NY
Deborah Kahkejian
398 State Route 69
Williamstown, NY
Joel Gagnon
former Chair
Danby Conservation Advisory Council
2353 Spencer Road
West Danby, New York
Thomas Brewster
803 East Main St., 803 East Main St.
Little Falls, NY, NY
Joan Sichterman
PO Box 870
Goshen, NY
Carla Sullivan
Concerned Citizens of Broome, NY
Maine, NY
lillian franck
115 upper boiceville rd
boiceville, NY
Elliott Adams
PO Box 195
Sharon Springs, NY
Karen Stamm
366 Broadway
New York, NEW YORK
Robyn Wishna
Photojournalist, lecturer
2542 Slaterville Road
Slaterville Springs, NY
Erin Heaton Meyer
510 County Rd 31
Norwich, NY
Bernice Yarosh
1957 Slaterville Road
Ithaca, New York
J Bent
Concerned Citizen
122 High Street
Cobleskill, NY
Patrice Jennings
244 Bald Hill Road
Spencer, New York
Susan Lanzano
7 Carlton Ave
Briarcliff Manor, NY