Pictured, Penny Bartlow, Owego resident, is holding a photo from the 2006 flooding, to depict the height of the water. She noted that 2011 was much worse. (Photo by Wendy Post)
On Tuesday, the developers of the proposed Brick Pond Apartments, which would be built on E. Main and Division Streets in Owego, an area also known as Turtletown, went before the Zoning Board of Appeals to gain a special use permit to develop in a floodplain.
Just last week, the Tioga County Planning Board voted down a special use permit with a margin of five “yes” votes, 2 “no” votes, and one abstention. They needed six “yes” votes for approval.
At Tuesday’s Zoning Board of Appeals meeting, a public hearing in the matter allowed residents to address the board. The developers were in attendance as well to answer any questions.
Most attending the meeting are opposed to the construction of the apartments in an area that is known for flooding, even in the spring when the ground is more saturated. They were also concerned about the proposed apartment development’s proximity to Brick Pond, a Federally protected wetland owned by Waterman Conservation Center.
Six-year-old Everett Benjamin, the youngest in the room, took advantage of the open floor to offer his opinion on the proposed project.
Pictured, is Everett Benjamin, age six. Benjamin spoke during the public hearing, stating that he is worried about the animals in the Brick Pond area if the apartments are built. (Photo by Wendy Post)
“I’m worried about the animals,” said Benjamin, who was also holding up a hand drawn sign of protest.
A large concern that seemed to be echoed among residents on Tuesday is the greater potential for worse flooding in Turtletown if the 40-unit apartment complex is developed.
“The elevation, pavement and concrete will just cause more flooding for residents already living in that area,” said Ron Pasto, Owego resident.
Joanne Thornton, who worked with the Red Cross during the flood of 2011, voiced concern about the safety of the proposed units.
“During the flood of 2011,” said Thornton, “we couldn’t get near the residents in Turtletown; it was impassable.”
The proposed development would be built on a field that area residents claim serves as storage for excess water during a rain event. Of the 40 units, 30 will be low income units, and then up to ten units that will be utilized, in partnership with Achieve, to offer independent living to those with developmental disabilities.
Several residents at Tuesday’s meeting argued that the residents, once the units are complete, would not be safe in the event of flooding.
Penny Bartlow, a resident of the Turtletown area, spoke about safety during a flood, and brought with her a photo from the flooding that occurred in that area in 2006.
Bartlow explained that her home was already elevated, but that in 2011 it flooded anyhow.
“The level gets higher with each flood,” stated Bartlow, adding, “The health and safety of the public is in danger if you develop on that land.”
Audra Johnson, who attended the meeting, spoke about Brick Pond, stating, “Regulations recommend that we protect our wetland.”
Jonathan Marks, who also spoke up at the meeting, stated that there are over 90 homes in Turtletown, and that it is unreasonable that another site can’t be found.
“This would be a blight in our neighborhood if approved,” Marks added.
LeAnn Tinney, director of Economic Development, spoke on Tuesday in support of the proposed development, and stated, “This decision should not be based on emotions.”
Tinney also added that her office is doing a housing survey right now, and there is a critical need for housing. “This would allow safe, affordable housing,” said Tinney.
Tinney also explained that they had looked at other sites to include a lot owned by NYSEG, one owned by Waterman, one owned by the Open Door Mission, and two other sites.
It was also asked, during the meeting, why the proposed apartments couldn’t be built at 130 Southside Dr. in Owego.
With that, Tinney replied that the land is not even available; it has an offer on it already.
But regarding the insistence on finding acreage within the village that would enable grant dollars for the building’s development, Kimmell was referred to, during Tuesday’s meeting, as slightly predatory.
Kimmell’s reply remained the same, “It [the land] is zoned R3, and we’re here tonight for a special use permit. It’s a change in density, however, it’s residential in nature.”
She also noted that she understands the fear that people have, and that they have done, in good faith, everything they are expected to do.
But this wasn’t enough to satisfy the residents that are opposed to the project.
Wendy Deis, Owego resident, stated, “It’s mind numbing to me why you would put the building there. There are other places that are more accessible.”
By the end of the meeting, the Zoning Board of Appeals requested further information from the developers before making a sound decision.
Some of the items brought to the attention of the board, that they are now seeking more information on, include an evacuation plan upon development, an archeological study, and consideration for the pipeline that runs through that area and an environmental study that would show how the wildlife in the area would be impacted.
They have until Dec. 19 to respond, and at which time they will reconvene. The meeting will take place at the DPW Building on Elm Street in Owego at 7 p.m.
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