HomeMy WebLinkAboutPB Minutes 1990-07-24•
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TOWN OF ITHACA PLANNING BOARD
JULY 24, 1990
FUM
TOWN OF ITHACA
The Town of Ithaca Planning Board met in regular session on
Tuesday, July 24, 1990, in Town Hall, 126 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairman Carolyn Grigorov, Robert Kenerson, James Baker,
Robert Miller, Stephen Smith, Daniel R. Walker (Town
Engineer) , John Czam anske (Planning Technician) , John C.
Barney (Town Attorney).
ALSO PRESENT: Town Supervisor Shirley Raffensperger, Dooley Kiefer,
Attorney Judith Rossiter, Sharon Gombas, Sonia Jirka,
Astrid Jirka, Mr. and Mrs. Louis Cier, F. W. Remillard,
Mrs. F. W. Remillard, Greg Semos, Brian O'Rourke,
Taylor McDermott, Richard B. Fischer, Mary Margaret
Fischer, "Paul Hartman, Lucia Armstrong, Laura F. Marks,
Betsy Darlington, Elmer S. Phillips, Robin Seeley, John
G. Seeley, Cynthia K. Sherman, Louise_Schefkowitz, Joel
Savishinsky, Nancy T. Gabriel, Dr. Joy Mecenas, Dr. H.
J. Mecenas, Douglas B. Brittain, John C. Gutenberger,
Stephen Huntz, Joe Warner, Mark Stevens, Dee Floros,
Shelley Semmler, Jamie Catlin, James Gillespie, Ginny
Gillespie, Thomas Eisner, Maria Eisner, Martha
Turnbull, Bruce Turnbull, Natalie Emler, Maria Floros,
Rees Warne, Robert Lewis, Dr. Harold Purdy, Greg
Williams (WHCU News), Jeff Pettiros (WVBR News).
Chairman Grigorov declared the meeting duly opened '.at 7:30 p.m.
and accepted for the record the Clerk's Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on July 16, 1990, and July 19, 1990, - respectively,
together with the Secretary's Affidavit of Service by Mail of said
Notice upon the various neighbors of each of the properties under
discussion, as appropriate, upon the Finger Lakes Regional Manager of
the New York State Office of Parks, Recreation, and Historic
Preservation, upon the Clerks of both the Town and the ,City of Ithaca,
upon the Tompkins County Commissioner of Public Works, upon the
Resident Engineer of the New York State Department of Transportation,
upon the Building Commissioner of the City of Ithaca, upon the
Tompkins County Commissioner of Planning, and upon the applicants
and /or agents, as appropriate, on July 18, 19900
Chairman Grigorov read aloud the Fire Exit Regulations to those
assembled as required by the New York State Department of State,
Office of Fire Prevention and Control.
VIRGINIA LANGHANS -- SABBATICAL LEAVE
Chairman Grigorov noted that Mrs. Langhans has joined her husband
on sabbatical leave and will return in December, adding that her term
r
J
Planning Board -2- July 24, 1990
• of office does not expire until December 31, 1995. Chairman Grigorov
asked for discussion on whether to consider Mrs. Langhans' place
vacant or to hold it for her. Chairman Grigorov, commenting that we
must be sure that people realize that they cannot just take a month
off when they feel like it, asked Town Attorney Barney for ideas on
how to deal with this matter. Town Attorney Barney offered that we
can deal with situations on a case by case basis and noted that it has
been a Planning Board policy to choose, after three unexcused
absences, to excuse absences or go some other way. Town Attorney
Barney suggested that the Board might wish to consider excusing Mrs.
Langhans' absences because she is on sabbatical leave with her
husband.
MOTION by Mr. Robert Kenerson, seconded by Mr. Stephen Smith:
RESOLVED, by the Town of Ithca Planning Board, that Mrs. Virginia
Langhans' absences from the Planning Board through December 1990 be
and hereby are excused', because she is accompanying her husband on
sabbatical leave in Florida.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay - None.
• The MOTION was declared to be carried unanimously.
PRESENTATION BY JOHN CZAMANSKE, PLANNING TECHNICIAN
Staff member John Czamanske presented, for the Board's
information, a new form which he had created called a "Spread Sheet ",
noting that this form is used to track all projects and fees and is
revised weekly after Wednesday's Planning and Engineering staff
meetings. Mr. Czamanske also noted a "Scheduling" form now being
prepared by Mrs. Fuller. Mr. Czamanske, commenting that the "Spread
Sheet" was begun after Ms. Beeners took her leave, stated that the
hours spent by staff on each project are also tracked by individuals
logging their time which will be charged against the escrow. Mr.
Czamanske stated that Mr. Frantz has been logging his time for a long
time anyway; he (Czamanske) does the same but he does not doo
development review, Dan Walker's hours need to be input. Mr.
Czamanske explained the "billable" hours for staff.
Mr. Kenerson wondered what the escrow payment is based on, with
Mr. Czamanske responding that it is based on a percentage of the
project cost and referred to the fee schedule in the packet which he
had given the Board members. Mr. Kenerson wondered whether all hours
were chargeable and how one differentiated between chargeable and
non - chargeable. Mr. Kenerson noted that the log could be broken down
into research, study, etc. -- tasks that are non - billable -- and
commented that a lot of, time can be spent tracking time, which is not
• productive. Mr. Kenerson, noting that the hours staff works are not
9 :00 to 5:001 suggested only keeping track of chargeable time and
doing a review of the "Spread Sheet" escrow every six months in order
Planning Board -3- July 24, 1990
• to evaluate the system. Mr. Kenerson
plan to evaluate time logging was.
direction has been given -- no policy
established when it was adopted. Mr.
wondered what Mr. Czamanske's
Mr. Czamanske stated that no
to review the fee schedule was
Kenerson questioned that there
was no built in mechanism to review the schedule, with Mr. Czamanske
responding that there was not Mr. Kenerson suggested that in the
future the fees should be reviewed and amended and checked to see if
the system is working as Mr. Czamanske wants it to.
Chairman Grigorov asked if there were a clear distinction between
a chargeable and non - chargeable time. Town Attorney Barney stated that
this has been established by the fees. Mr. Czamanske added that if
there is no escrow there is nothing that can be billed; if there is
° escrow then staff should be billing all the hours they spend with the
applicant and on actual review of the project.
The question was asked as to whether there have been' any major
complaints from applicants about fees, with Mr. Czamanske responding
that there have not been. Mr. Kenerson commented that no major fees
have been charged. Chairman Grigorov asked if this approach is very
different from the past, with Mr. Czamanske responding that prior to
this there was no development review aplication and explaining the
history of the application adoption. Mr. Czamanske, commenting that
it remains to be seen how the system will work, stated that he is
presently drafting instructions to applicants to accompany the
• development review application form and guide them through, adding
that it will describe, among other things, the kinds of documents
required, the number of copies of documents required, etc. Mr.
Kenerson wondered if these instructions will include scheduling
expectations and suggested a time frame. Chairman Grigorov offered
that at least it will include a sequence of events. Mr. Czamanske
stated that he was focusing on what to include. Mr. Kenerson stated
that time expectations would be helpful to include. Mr. Kenerson
wondered what the projects were that were listed without figures, with
Mr. Czamanske responding that they were the ones that were "out there"
but have not come to the office with plans or fees.
There appearing to be no further discussion on this matter,
Chairman Grigorov thanked Mr. Czamanske for his presentation. Mr.
Czamanske stated that he will include the "Project Spread Sheet" in
the bi- weekly packets mailed to the Board members.
APPROVAL OF MINUTES -- JUNE 5, 1990
MOTION by Mr. Robert Kenerson, seconded by Mr. James Baker:
RESOLVED, by the Town of Ithaca Planning Board, that the Minutes
of the June 5, 1990 meeting of said Board be and hereby are approved
as presented.
There being no further discussion, the Chair called for a vote.
• Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay - None.
Planning Board -4- July 24, 1990
• The MOTION was declared to be carried unanimously.
PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION OF' >.45± ACRES FROM TOWN OF ITHACA TAX PARCEL NO.
6 -56 -3-20, .91± ACRES TOTAL AREA, LOCATED AT 1578 SLATERVILLE ROAD,
RESIDENCE DISTRICT R -15. OLGA SANTI, OWNER /APPLICANT.
Chairman Grigorov declared the Public Hearing in the above -noted
matter duly opened at 8:03 p.m.
Chairman Grigorov noted that Ms. Santi had signed the
environmental assessment form today and had said that she could not
attend the meeting, adding that there was no one present to represent
her. Chairman Grigorov asked whether the Board members felt they
should proceed. Town Attorney Barney pointed out that Ms. Santi had
anticipated that the Board would act, and suggested that, in any
event, the matter should be opened to the public for comments.
Chairman Grigorov stated that she had opened the Public Hearing and
asked for any comments from the public present. No one spoke.
Chairman Grigorov stated that the Board can legally go ahead with the
process without Ms. Santi.
It was noted that there is enough footage and the existing house
is against the lot line. Chairman Grigorov, commenting that there is
nothing in the environmental assessment to indicate a problem, asked
• Ms. Dooley Kiefer, Chairperson of the Environmental Review Committee
of the Conservation Advisory Council, fora copy of what was done by
the ERC on the Santi proposal. Ms. Kiefer stated that the CAC
received Part I for the Santi subdivision the previous week and did
not have any information on the purpose of the subdivision. Ms.
Kiefer stated that the CAC felt that it had a purpose and assumed that
it will be sold and developed. Ms. Kiefer stated that the CAC felt it
reasonable to alert the seller that another driveway onto Slaterville
Road was not particularly desirable and recommended the sharing of
driveways. Ms. Kiefer noted that the CAC also questioned the slope in
that it seemed steep enough, around 150, to have drainage questions,,
however, since the proposal is only for drawing a line on paper it may
be moot. Chairman Grigorov asked Mr. Czamanske what Ms. Santi's
intentions were, with Mr. Czamanske responding that she said she had
no current plans to sell it, adding that, originally, she had intended
to build a three - bedroom house for herself, but no longer is intending
to do that. Chairman Grigorov stated that it is possible in the
future that there will be another legal lot with a dwelling on it,
adding that that was perfectly legal. Ms. Kiefer indicated that the
CAC understood that possibility. Chairman Grigorov thanked Ms. Kiefer
for her presentation.
Town Attorney Barney questioned the lot dimensions, noting that
it was mathematically impossible to have what the plans show. Town
Attorney Barney stated!' that the Zoning Ordinance requires that a
100 -foot by 150 -foot rectangle must be able to be inscribed on a lot
• in order to have a valid lot, adding that one of these lots would not
be large enough. Town Attorney Barney suggested that Ms. Santi should
consult with her surveyor about the dimensions and the bearings.
Planning Board -5- July 24, 1990
• Chairman Grigorov v
before the Board.
consider adjourning
plan and Ms. Santi
highway cut rights.
was discussed.
rondered what to do at this point with the matter
Town Attorney Barney suggested that the Board
the matter because there is a question about the
is not here. A question was raised about State
A request for topos as they may relate to grading
There appearing to be no further discussion, Chairman Grigorov
asked if anyone were prepared to offer a motion of adjournment, adding
that she would request that someone draft a letter to Ms. Santi
t outlining the questions that have been discussed.
a
MOTION by Mr. Stephen Smith, seconded by Mr. James Baker:
RESOLVED, by the Town of Ithaca Planning Board, that the matter
of consideration of subdivision approval for the proposed subdivision
of .45± acres from parcel 6- 56 -3 -20, .91± acres total area, located at
1578 Slaterville Road, be and hereby is adjourned sine die.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman Grigorov declared the matter of the Santi Subdivision
duly adjourned at 8:17 p.m.
PUBLIC HEARING: CONSIDERATION OF APPROVAL OF MODIFIED SITE PLAN FOR
THE TOMPKINS COUNTY CHAMBER OF COMMERCE, LOCATED AT 904 EAST SHORE
DRIVE, TOWN OF ITHACA TAX PARCELS NO. 6- 18 -2 -81 -9, AND -10 (SPECIAL
LAND USE DISTRICT NO, 5), WITH SUCH MODIFICATION PROPOSED TO INCLUDE
ELIMINATION OF THE NORTHERN DRIVEWAY ENTRANCE TO THE SITE, WITH
ATTENDANT MODIFICATIONS TO SITE LANDSCAPING AND SIGNAGE DETAILS.
TOMPKINS COUNTY CHAMBER OF COMMERCE, OWNER /APPLICANT.
Chairman Grigorov declared the Public Hearing in the above -noted
matter duly opened at 8:18 p.m.
Judith A. Rossiter, Attorney for the Chamber appeared before the
Board and noted that she was expecting Ms. Sharon Gombas of Cayuga
Landscaping to arrive at any moment. Attorney Rossiter stated that
the proposal deals primarily with the driveways, adding that the
northern driveway is not very visible from the road as shrubbery and
the road curvature hide it. Attorney Rossiter, commenting that the
engineers at the State Highway Department did not like the northern
driveway location because of the sight distance, stated that the
Chamber proposal is to eliminate the northern driveway and widen the
southern driveway to allow for both entrance and exit. Attorney
Rossiter stated that the Chamber has requested that the temporary
• certificate of occupancy be extended beyond the July 31st deadline by
a few weeks to allow Cayuga Landscaping and the contractor to complete
their work, adding that the work was delayed by the scheduling of the
Planning Board -6- July 24, 1990
• hearing before the Board, and further adding that September 15th is
the requested extension.
Chairman Grigorov noted that this was a public hearing and asked
if there were any one from the public who wished to speak. No one
spoke. Chairman Grigorov brought the matter back before the Board for
discussion.
Chairman Grigorov inquired whether the State DoT was requiring
modifications or suggesting them. Attorney Rossiter responded that
" they are suggesting them to increase safety, commenting that upon
using the northern driveway herself she saw the safety problems. Mr.
Kenerson inquired about the impact of RVs, noting that the northern
end, where vehicles need to circle, appears to be a problem, and
adding that he wanted to be sure that this is considered. Attorney
Rossiter stated that RV parking has not changed with the modifications
and it will be as accessible to RVs as it was before.
Town Attorney Barney asked for a copy of the original plan.
Attorney Rossiter presented a copy of the original plan with two
driveways. Town Attorney Barney recalled that at some point the
Chamber came before the Board and had some curbing and sidewalk
modifications which were granted with a couple of conditions.
[Secretary's Note: See December 19, 1989 Planning Board Minutes.]
• Chairman Grigorov asked Ms. Kiefer, Chairperson, ERC to present
the CAC's ERC response. Ms. Kiefer stated that the CAC had some
questions about drainage and recommended porous paving, such as
interlocking bricks, if they must pave it, however, the best choice
would be not to pave at all. Ms. Kiefer stated that the proximity to
the Lake is a drainage concern, noting that the area appears to drain
to the north onto a grass swale and to the south into a culvert that
needed agreement by the City of Ithaca, and adding that the CAC does
not know where this stands. Ms. Kiefer stated that the CAC requests
that no salt be used in the lot. Chairman Grigorov commented that
these comments do not really apply to the closing of the northern
driveway. Ms. Kiefer stated that the number of parking spaces in the
lot appears to be increasing as a result of the driveway
modifications. Chairman Grigorov noted that there will be three more
parking places. Ms. Kiefer stated that the CAC recommended not adding
spaces because that is extending the lot toward the Lake, adding that
the lot is not full during the day, so they only need parking
expansion for special Chamber activities and for these other area lots
are available. Ms. Kiefer stated that the CAC recommended that the
space be returned to lawn to enchance the drainage rather than turned
to parking lot space. Chairman Grigorov inquired as to how close to
the Lake it is, commenting that without planning staff present at the
meeting, it is difficult for her to comment on drainage.
Ms. Kiefer stated that the CAC questioned the landscaping also in
that the CAC noted a change from trees on the previous plan to only
• lawn on the new plan. Ms. Kiefer stated that the CAC recommended that
medium shrubs be planted to the east of the lot to hide cars from the
road. Chairman Grigorov wondered if the two trees were intentionally
Planning Board -7- July 24, 1990
• left out of the new plan. Ms. Gombas responded that the trees should
be on the new plan. Attorney Rossiter indicated that there was no net
gain /loss of grassy space with three additional spaces because the
driveway would return to lawn and would balance the new paved area.
Ms. Kiefer asked how the RVs are supposed to park. Ms. Gombas
utilized the plan to show that to the Board and Ms. Kiefer. Mr.
Kenerson questioned the width of the entrance for RVs and turning.
The question of whether directional signs would be installed was
asked, with the response being that directional signs would not be
used because they are an eyesore; their purpose would be achieved by
plantings' planning. The question was raised as to whether the
Chamber is contracting for paving and Chairman Grigorov pointed out
that paving was approved in the original plan and would be hard to
change at this point. Attorney Rossiter noted that the Chamber has
entered into a contract with Cortland Paving for the job and cannot
back out. Referring to RVs, it was suggested that, perhaps, signage
may need to be closer to the entrance than indicated. Chairman
Grigorov inquired as to whether there have been any RV problems, with
both Attorney Rossiter and Ms. Gombas responding that to their
knowledge there has been none. Attorney Rossiter reiterated that the
major problem has been the entrance and exit to the northern driveway,
adding that that has been their major concern. It was noted that
allowing runoff to percolate down into grass is much better and the
proximity of the Lake was questioned. Attorney Rossiter stated that
Ms. Gombas has been discussing drainage with Dan Walker and noted that
• any final plan will need Mr. Walker's approval before it could be
completed. Ms. Gombas stated that presently the lot drains to a point
at the northwest corner of the lot and toward the center of the
southern end of the lot, adding that there is a swale to the south
between the property and the Youth Bureau, however, she did not know
where it exits. Ms. Gomas stated that there is also a swale to the
northwest which goes over 100 feet of lawn to the Conrail tracks.
Chairman Grigorov commented that she was not sure the Planning Board
had the authority to comment on salt; she thought it would be the Town
Board, Town Attorney Barney suggested that the Board could put
something about salt in any resolution as a recommendation. Attorney
Rossiter mentioned that the Chamber has applied for a permit from the
State DoT.
Chairman Grigorov asked if there were any further public comments
or any further Board comments. There being none, Chairman Grigorov
asked if anyone were prepared to offer a motion with respect to SEQR.
MOTION by Mr. Robert Kenerson, seconded by Mr. Robert Miller:
WHEREAS:
1. This action is the Consideration of Approval of Modified Site
Plan for the Tompkins County Chamber of Commerce, located at 904
East Shore Drive, Town of Ithaca Tax Parcels No. 6- 18 -2 -8, -9,
and -10 (Special Land Use District No. 5), with such modification
• proposed to include elimination of the northern driveway entrance
to the site, with attendant modifications to site landscaping and
signage details.
Planning Board -8- July 24, 1990
• 2. This is an Unlisted action for which the Town of Ithaca Planning
Board has been legislatively determined to act as Lead Agency in
environmental review.
3. The Planning Board, at Public Hearing on July 24, 1990, has
reviewed the Short Environmental Assessment Form, a site plan
showing the proposed modifications to the site plan presented to,
and approved by, the Planning Board on December 19, 1989, the
report from the Environmental Review Committee of the
Conservation Advisory Council, and other application materials.
4. The Assistant Town Planner has recommended a negative
ir determination of environmental significance for the proposed
action.
THEREFORE, IT IS RESOLVED:
That the Planning Board make and hereby does make a negative
determination of environmental significance for this action as
proposed.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay - None.
• The MOTION was declared to be carried unanimously.
Chairman Grigorov asked if anyone were prepared to offer a motion
with respect to the proposal itself.
MOTION by Mr. Stephen Smith, seconded by Mr. James Baker:
WHEREAS:
1. This action is the Consideration of Approval of Modified Site
Plan for the Tompkins County Chamber of Commerce, located at 904
East Shore Drive, 'Town of Ithaca Tax Parcels No. 6- 18 -2 -8, -9,
and -10 (Special Land Use District No. 5), with such modification
proposed to include elimination'of the northern driveway entrance
to the site, with attendant modifications to site landscaping and
signage details.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
July 24, 1990, made a negative determination of environmental
significance.
3. The Planning Board, at Public Hearing on July 24, 1990, has
reviewed the Short Environmental Assessment Form, a site plan
showing the proposed modifications to the site plan presented to,
• and approved by, the Planning Board on December 19, 1989, the
report from the Environmental Review Committee of the
Conservation Advisory Council, and other application materials.
Planning Board -9- July 24, 1990
• THEREFORE, IT IS RESOLVED:
T.
That the Planning Board approve and hereby does approve the
modifications to the previously approved site plan for the Tompkins
County Chamber of Commerce, as presented to and reviewed by said Board
this date, July 24, 1990, being a drawing entitled "Tompkins County
Chamber of Commerce -- Site and Planting Plan ", dated January 1990,
prepared by Cayuga Landscape Co., as well as other submission
materials, subject to all prior conditions of all prior resolutions
approving this project, except:
a. there is removed any requirement for two entrances, and
be the time to complete all work be extended to September 15, 19900
IT IS FURTHER RESOLVED:
That, in view of the proximity of the project to Cayuga Lake, the
Planning Board recommend and hereby does recommend that no salt be
used for control of snow and ice.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay - None.
• The MOTION was declared to be carried unanimously.
Chairman Grigorov declared the matter of the consideration of
approval of a modified site plan for the Tompkins County Chamber of
Commerce duly closed at 8:59 p.m.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL FOR
THE PROPOSED "McDONALD'S RESTAURANT" AT EAST HILL PLAZA, PROPOSED TO
BE LOCATED IN A BUSINESS "C" DISTRICT ON ELLIS HOLLOW ROAD, OPPOSITE
PINE TREE ROAD, TOWN OF ITHACA TAX PARCEL NO. 6- 62- 2 -1.2, AND PROPOSED
TO CONSIST OF A 4,560± SQ. FT. RESTAURANT WITH DRIVE- THROUGH WINDOW
SERVICE, PARKING FOR 57 CARS, SIGNAGE AND SITE LANDSCAPING.
MCDONALD'S CORPORATION, OWNER; TAYLOR McDERMOTT, AGENT,
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened at 9:00 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted above.
Mr. Greg Semos, Real Estate Representative with the McDon ald's
Corporation, approached the Board and stated that Taylor McDermott, an
Engineer with the McDon ald's Corporation, Brian O'Rourke, independent
traffic consultant with Champagne Associates, and McDonald's Attorney,
Frank Milano, were present at tonight's meeting.
At this time Mr. Semos made note of a number of documents which
• were submitted previously to the Planning Department. The documents
area
Planning Board -10- July 24, 1990
• 1. Traffic Report dated July 12, 1990, prepared by Champagne
Associates, P.C.
2. Site plan designated 89- 167 ;SP -1 dated December 21, 1989, revised
through June 20, 19908
3. Planting plan indicating "Revised per Town ", dated July 7,
1990.
4. Grading and utilities Plan designated 89- 167;SP -lA dated
IL December 12, 1989, revised through July 12, 19900
59 Lighting Plan dated July 9, 1990.
6. Elevation dawings, Front, Rear, Left Side, Right Side, dated
August 15, 1988.
7. A letter to Town Engineer Daniel R. Walker, from Taylor
McDermott, P.E., dated July 12, 19900
8. Stormwater Drainage Analysis and Management Report by M.J.
Engineering, dated July 1990.
90 A full Environmental Assessment Form prepared by Taylor
McDermott, dated February 13, 1990 and amended.
• 10. A booklet entitled "McDonald's Packaging -- The Facts ".
11, Sign Detail.
At this time Mr. McDermott addressed the Board, appended a map to
the bulletin board, and described the site plan and engineering
considerations. Mr. McDermott stated that the proposal before the
Board is for a McDonald's facility to be located at East Hill Plaza.
Mr. McDermott noted that the facility is a permitted use under the
present zoning, which is zoned Business "C ", adding, all the code
requirements are met, such as: green area, parking, set - backs,
building set - backs, green area set - backs, and signage. Mr. McDermott
said that McDonald's meets all areas of the Zoning Ordinance and is
not requesting a variance.
Mr. McDermott stated that the facility is bounded on the front by
Ellis Hollow Road, Mr. McDermott offered that there are two
enter /exit points within the shopping center. Mr. McDermott clarified
that McDonald's would not be putting a curb -cut onto any of the
highways or the roads in the areas they would be using the existing
facilities of the Plaza to access the building. Mr. McDermott said
that one would enter McDonald's from two directions; one being to
enter from the existing driveway which is adjacent to the Tompkins
County Trust Company, entering and travelling counter - clockwise around
the facility using the 'drive- through window and /or the seating area,
• adding this location also gives one the ability to go back out in the
same direction, or proceed back into the Plaza. Mr. McDermott said
that the other location is out of the existing parking lot of the East
Planning Board -11- July 24, 1990
• Hill Plaza, commenting that that presently exists as all blacktop;
this has been discussed with the Town Engineer and with Cornell.
Cornell's intentions are, at the end of their parking striping, to
place landscape islands, define a ring road, and channelize traffic in
"this" direction. There is a special service drive - through window; it
is an extended drive - through booth, and it is 40o more efficient,
i.e., it takes less time to get through this drive - through than does a
single booth that now exists at McDonald's restaurants in Tompkins
County, noting that this is a feature on all of the new buildings and
a number of the remodellings.
Mr. McDermott stated that the greatest impact is commuter traffic
on Judd Falls Road through Ellis Hollow Road and Pine Tree Road,
commenting that McDonald's had originally contemplated putting a
curb -cut off "this" existing entrance to the Plaza, but after
discussions with Town Engineer Dan Walker, and McDonald's Traffic
Engineer, it was determined that the best location for the entrance
would be off the existing mall entrance adjacent to the Tompkins
County Trust Company -- the reason being to get out of the existing
impact area.
Mr. McDermott said that by moving the curb -cut out of the impact
area the level of service at which "these" intersections operate will
not be changed. Mr. McDermott said that McDonald's peak is at
lunchtime, and the highway peak is during commuter time. Mr.
• McDermott stated that McDonald's feeds on traffic; they are not a
traffic generator. If one thinks of where various McDonald's
restaurants are located, they are not a traffic generator. Commenting
on marketing studies, Mr. McDermott stated that a typical McDonald's
would capture three to five percent of the roadway traffic traveling
around the facility. Mr. McDermott commented that those five cars are
not new cars to the roadway. On a daily average, and there are peaks
and valleys; the diverted and passer -by traffic are four of those five
cars that would enter McDonald's. Mr. McDermott explained that
passer -by traffic is someone that is down at "this" location,
traveling on Ellis Hollow Road, and at "this" point decides to stop at
McDonald's; they pull in, come into the facility, go back out, and
continue on their way. Diverted traffic is someone that is already
shopping at the Plaza, and decides at that time that they want to go
to McDonald's. Mr. McDermott said that four of those five cars are
either diverted or passer -by traffic. That would mean one car out of
those five would be added new traffic, and because of that there is no
impact to the traffic operation, because, again, McDonald's peak is
not the same as the highway.
Continuing, Mr. McDermott said that another issue McDonald's
looked at was the drainage. Mr. McDermott said that McDonald's has
taken the area that they would pave, and stormwater that is generated,
i.e., if one paves something and puts in an impervious surface on it,
there is going to be more stormwater generated than if it stayed
meadow or grass. McDonald's has, through a system of collection
is pipes, drywells, and throttling pipes, taken a one in ten year storm
duration - that is a storm where it would rain that hard once in ten
years. The discharge from this pipe would be the same as its present
Planning Board -12- July 24, 1990
• condition right now. By collecting it in a series of drywells and
holding that water, the discharge is equal to the same in the no -build
situation. Mr. McDermott said that one step further McDonald's has
taken is: when it rains, there is silt, sand, road salt, etc., on
that parking lot; this would go into the drywell systems, would be
caught and retained and not discharge that first 1/2 -inch where most
of those settlements would be. It would go into these facilities and
be taken out much as a septic system would, and that is a first in the
Town of Ithaca; he did not think anybody else does that.
At this time, Mr. McDermott talked about the landscape plan. The
requirement is for the setbacks, the green setbacks on a side line.
Mr. McDermott said that, the green setbacks meet or exceed the zoning
requirements, and 500 of this lot remains green; more trees, shrubs,
and flowers are planted there than exist now. Seven existing Spruce
will remain and four Butternuts will remain. The building itself is a
colonial design brick building, bow windows, and window lights.
Mr. Semos approached the Board and stated that one of the areas
of concern that was identified to McDonald's was solid waste as a
Countywide issue. Mr. Semos said that he would present, briefly, some
of the things that McDonald's, as a Corporation, is doing to eliminate
or reduce the amount of solid waste, and also to talk specifically
about some of the activities that will occur at the proposed location
and, in fact, at the other locations in the County, as some waste
• reduction programs are implemented.
Mr. Semos said that the Environmental Protection Agency, in
looking at the solid waste crisis, has identified four solutions
without any particular emphasis on any of them. They are as follows:
1. Source reduction -- reducing the amount of waste that is produced
before it gets into the waste stream.
2. Recycling, which is an obvious benefit, as it takes the material
out of the waste stream and remakes or reuses that product
that is something „that has been used in bottling in this State
for quite a while now.
3. Incineration -- An area that McDonald's is not active in -- that
is one of the areas that the EPA has indicated as being a
solution to the solid waste issue.
4. Sanitary Land Filling of the waste material -- this cannot be
handled through source reduction, reclying, or incineration.
Mr. Semos said that in the area of Source Reduction, McDonald's
has been a leader in the food - packaging industry in reducing the
amount of solid waste that is generated. If one compares the amount
of waste that was generated in 1980 to the amount of waste that is
generated in 1990, we have, over the past ten years, removed
approximately 26 million tons per year. McDonald's has done that in
ways that are invisible, e.g., the weight of the food containers have
been reduced, such as, polystyrene clam shells, the coffee cups, and
Planning Board -13- July 24, 1990
• the paper that the smaller sandwiches are wrapped in. All of those
are now lighter, made with less material, and, therefore, take up less
landfill space. Mr. Semos offered that the corrugated dividers in
boxes, where possible, have been removed. Mr. Semos stated that three
more pounds have been added to a box of french fries; the size of the
box has not increased, but three more pounds are shipped and
McDonald's is able to save about 7 million tons a year in cardboard
waste. McDonald's has reduced the amount of materials in their
straws, and instituted 'a system that is somewhat innovative in bulk
coke storage. It used 'to be that coke came to the store in what is
basically a five gallon'; milk container; there is now a bulk delivery
system where a tanker truck comes and pumps the coke syrup into a
tank.
Mr. Semos stated that the second EPA goal is recycling. Mr.
Semos stated that McDonald's is already the largest user of recycled
paper in the restaurantibusiness for non -food items. The tray liners,
Happy Meal boxes, napkins, and boxes that things are shipped in are,
by and large, made of recycled paper. Mr. Semos stated that
McDonald's is currently testing the feasibility of recycling their
polystyrene product. Mr. Semos said that in over 200 restaurants in
New York State, McDonald's is currently recycling polystyrenes in an
innovative program in that it requires source separation, i.e., the
customer is asked to separate their polystyrene from the rest of the
products on their tray, place it in a special bin which is then picked
• up by a hauler and taken to a factory in Massachusetts where it is
cleaned and broken down to the polystyrene pellet and recycled for
things like trays, and video cassettes which are made almost
exclusively of polystyrene. Also, the recycler is using it to make
something called plastic lumber which is used particularly in wet
environments where rotting is a problem. Mr. Semos said that about
90% of the people, as they leave the restaurant, separate their trash.
Mr. Semos said that McDonald's is able to save about 50% of the total
volume in weight of material that would have formerly gone to the
landfill: The polystyrene represents about 15 %, and the corrugated
cardboard represents the rest of that. Mr. Semos said that
polystyrene recycling is a test;. they are trying to prove the
feasibility of it, and McDonald's has been very careful about adding
areas to insure they have the capacity of the recycler and the haulers
to take care of the product. McDonald's has recently made the
commitment to go statewide for the entire Albany region by the end of
1990. The recycling program has been started in the local restaurants
just recently.
Mr. Semos said that the third area the EPA identifies is
incineration. McDonald's did do an EPA approved test on incinerating
trash, it is a very effective method of reducing the amount of solid
waste, but there are a number of problems, obviously, in siting
incinerators, and it is not something that McDonald's is planning to
expand or to use at the proposed site. Mr. Semos stated that when all
other methods have been exhausted landfilling is the ultimate
• destination of things that are not recyclable or are not reduced at
the source. If one asks the average person how much trash a quick
service restaurant industry produces, one will get a lot of opinions.
Planning Board -14- July 24, 1990
• If one asks how much that represents of all the trash, most people
would say it is between 25% and 30%. The fact is that all fast food
restaurants, and all quick service restaurants, account for about 1/4
of 1% of all the municipal waste. Polystyrene represents an even
smaller amount, it is' about 1/7 of 1% so it is a relatively
insignificant amount. Mr. Semos stated that he felt the problem of
the community is also McDonald's problem, they have to dispose of
things as everyone else does. Mr. Semos noted that one of the issues
that often comes up in discussing this is the fact that polystyrene is
not biodegradable, which it is not; it is an inert materials it is
z produced from chemicals that are a byproduct of the distillation of
gasoline and fuel oils. When it is incinerated it produces water and
carbon, when it is landfilled it produces nothing at all, which is an
l advantage in a sanitary, landfill because solid waste is an issue in
this community. Mr. Semos stated that he was sure most people were
aware that a landfill is, for all intents and purposes, a closed
system; it has a liner at the bottom; the trash is put in; it is
covered; it is compacted, and it is covered up some more. It does not
allow the three things 'that are necessary for biodegradability, for
biodegradation, to occur. It does not allow water in, light, or air;
the landfill is not a compost pile, and there is very good reason for
that because when things biodegrade, they break down into their
component parts, and very often those component parts are not things
we want to have in our: drinking water and in our air; they produce
toxins and leechates that damage the environment. Mr. Semos said
• that, yes, some of the polystyrene finds its way to landfills
regardless of how good 'a recycling program McDonald's has -- in the
landfill it is inert; it takes no more space than paper. Polystyrene
is primarily air.
At this point, Mr. Semos stated that he would touch on the issue
of foam versus paper, versus reusable containers, versus all the other
things that people have' come up with to serve food on. Polystyrene,
unlike the paper that is used in food services, is 100% recyclable.
It would be relatively easy to switch to paper if McDonald's felt that
that was the environmentally correct thing to do. McDonald's
believes, and the EPA concurs, that switching one problem for another
problem does nothing but give one the same problem in a different suit
of clothes. The recyclability of polystyrene is one thing McDonald's
believes makes it a superior product. The paper that is used in food
service by the sanitary codes is required to be coated, it makes it a
composite and it makes it virtually impossible to recycle. Also, in a
landfill the biodegradation that does occur washes the inks out of
paper, and those inks go into the groundwater and there is a problem
created. McDonald's does not think that paper is the superior
product. There are some people that think paper is better than
plastic, but if one looks at what has happened in landfills in the
last decade, the amount of plastic that is found in landfills has
remained virtually constant, where the amount of paper has exploded;
landfills are primarily paper, and,° no, it does not biodegrade; the
way one dates a landfill when one comes across one is to dig down
• until they find a newspaper, pick it up, and read the date off the
top. McDonald's also feels that plastic packaging has some very
important health and merchandising advantages; it is inherently more
Planning Board -15- July 24, 1990
• sanitary than is paper; paper is a porous product that supports
bacteria growth; plastic does not, and paper is not a very good
insulator.
Mr. Semos said that one of the things McDonald's found in Long
Island, NY was that older people appreciate the polystyrene cup
because it insulates, and it is stronger; it does not collapse.
At this time, Brian O'Rourke, traffic consultant, approached the
Board.
L
Mr. O'Rourke staged that he is with the firm of Champagne
Associates, with offices in Troy, NY, and noted that he is before the
Board to present a traffic study that he was asked to prepare by
McDonald's Corporation.,
Mr. O'Rourke described to the Board the method that was used in
establishing how a particular site is studied. That particular study
is one of the methods that has been established in the Institute of
Transportation Engineers, of which he is a member.
Mr. O'Rourke said that, basically, the first thing that is done
is to study the existing conditions of a particular site. The next
thing that is done is to look at the proposed site plan as is being
put forth by the developer. Various aspects that the developer has
• put forth are of importance to the traffic study -- those being:
parking facilities, accessing points, the internal circulation of the
particular site, the sight distance associated with those particular
locations, and any traffic safety conditions that should be continued
to be analyzed within the study. The next aspect of the study is to
determine what the impact of that site is going to be. Mr. O'Rourke
offered that the way to,i determine the impact is to study the size of
the facility based on former studies that have been conducted over
various experiences by his (Champagne Associates) firm, information
provided to them by McDonald's Corporation, studies that have been
done by the Institute of Transportation Engineers, and various studies
that have been conducted by other engineering organizations that have
published these materials. Mr. O'Rourke said that by using these
materials he was able to provide and promulgate at least four sources,
within the report, of areas and how much traffic he predicts would be
generated by this particular site. The next aspect of this is to
assign these particular traffic volumes as to how the trips are
distributed; how they will come and how they will leave the particular
site. The last part is to conduct an actual analysis of how this
traffic, and how it is loaded on the system, can be quantified, and
how it can be mathematically evaluated to determine what its impact is
and to have something that is rational for people to understand. This
is done in a form called capacity analysis. A roadway has a certain
amount of capacity to it; it can process a certain amount of traffic
through various intersections. Mr. O'Rourke said that using the above
techniques, the loadings can be analyzed that have been used in
• assignments based on trip generations from previous experience, and
previous studies that have been conducted.
Planning Board -16- July 24, 1990
• At this point, Mr. O'Rourke summarized, for the Board and those
present, the Executive Summary Report prepared by him. [Executive
Summary Report attached hereto as Exhibit 1.1
At this point, Frank Milano, Attorney for McDonald's Corp.
addressed the Board.
Attorney Milano commented that in his experience it has been
unprecedented that an application for site plan review that doesn't
involve a zoning change, doesn't involve a major commercial
t. development, and doesn't involve a major housing development, has been
subject to an Environmental Impact Study. Attorney Milano stated that
he questioned Mr. McDermott and Mr. Semos who have even greater
experience; they do this every night of the week. In the experience
of Mr. Semos or Mr. McDermott they have never had a site plan review
and approval process be subjected to an EIS. Attorney Milano stated
that he would be interested to know what the history of the Town of
Ithaca has been and whether, in fact, the Town has ever required a
full -blown EIS on a land use that is properly zoned and has nothing
other than a site plan review and approval process in place.
At this time, Attorney Milano stated that he would now like to
address the specific issue, which is site plan review.
Attorney Milano read aloud the following:
• "The proposed change in zoning Barnes land from R -30 to Business
"C" and "D" uses will be in the public interest, will serve the
general welfare of the area and community, providing a needed
business area in a location suited therefor, in complete harmony with
comprehensive plan for the development of the Town, that the land
concerned situated with farm -use lands to the north, east, and south,
a Business "C" zone adjacent west, with but one other residentially
used parcel (which is in the adjacent business zone) nearby, so it
will not adversely affect the existing and probable future character
of the neighborhood, but rather, would complement the same; and that
there is a need for such a business zone in this area in view of the
existing high- density residential development of the City of Ithaca,
etc., etc."
Attorney Milano noted that the above language is verbatim minutes
from the Town Board determination which rezoned the property in
question to a Business "C" commercial use. Attorney Milano stated
that he believed this took place in 1968. Attorney Milano stated that
he further believes that no further commercial development has gone on
in the area but would be willing to stand corrected on that. Attorney
Milano stressed for the Board that the area is zoned Business "C" use;
McDonald's is a permitted use. Attorney Milano said that in this
community there may be well- intentioned and heartfelt criticism of the
project as not in keeping with the character or not being a desirous
area or appropriate use of the land. Attorney Milano stated that he
• would urge the Board to remember that it has been legislatively
determined by this Town that the proposed is an appropriate use,
adding that the only reason McDonald's is before the Board tonight is
Planning Board -17- July 24, 1990
• for site plan review -- to review the design aspects of the plan and
make sure that it conforms to the site plan requirements of the Town
Zoning Ordinance, Attorney Milano commented that there is a segment
of people present tonight, unfortunately, and a segment of people in
the community, perhaps, that will never be convinced, come hell or
high water - there will never be a McDonald's at that site to suit
them, and there is probably nothing that McDonald's can say or do that
will sway their interest or criticism, and for that he is sorry. He
is here tonight to legally and legitimately review, and to pass legal
judgment if they are legally entitled to receive same on site plan
review and approval.
Attorney Milano said that the process of Environmental Review and
Site Plan Review is not a couple of things; it is not a process
designed to fix or remove existing Town problems or concerns as long
as the site use being proposed -- McDonald's at that site -- does not
have a deleterious effect on the Town, and does not exacerbate the
problem. Attorney Milano stated that Mr. O'Rourke has set forth in
his report that the relocation of the ingress and egress points at
this site will not only not downgrade the levels of service that those
roads now have, but, in fact, by enticing righthand turns off Pine
Tree Road, it may well increase or free up the Ellis Hollow /Judd Falls
intersection, and it might have a beneficial effect. This process of
environmental review and site plan review and approval is not a
process designed to plan future growth for the Town; it is not a
• legislative planning function; that is not why McDonald's is here
tonight and he knows that people are concerned where the Town is
going, and what will happen at the site in 5, 10, 15, or 20 years, but
that is not why McDonald's is here tonight, that is a legislative
planning function; McDonald's is here tonight to see if this plan, as
proposed, complies with the Town's site plan review requirements as
set forth. Attorney Milano said that McDonald's is not here tonight,
through the environmental process, to impose upon this project
requirements that are not imposed upon other applicants. Attorney
Milano said that McDonald's is a lightning rod; they do not want to be
treated any differently, any better, or any worse, than someone else
who has come before the Board in the past, and who has gotten site
plan review without the extensive and, he believes, rather
unnecessary, EIS. Attorney Milano stated that the environmental
review process that will be undertaken tonight, and that the Board is
charged with, is not a vehicle, although with all due respect, as
there are people who use it and he sees it every day in his practice,
it is not properly used as a vehicle to defeat projects that are not
desirable or popular; it is designed for a specific purpose. That
purpose is to address environmental concerns. Those are concerns that
have been addressed with Town representatives.
Attorney Milano said that McDonald's is before the Board tonight
about a site plan review and approval process, and an environmental
review that will give the Town the comfort level it needs for this
properly designed project that complies in all respects, fully and
• formally, with environmental review required under New York State law.
Attorney Milano stated that the process has been ongoing for quite
some time, adding that he thought the initial application and /or
Planning Board -18- July 24, 1990
contact with Town representatives might go back as far as January,
February or March of 1990. Attorney Milano said that he believed the
initial site plan is dated the end of December 1989. Attorney Milano
stated that a Long Form Environmental Assessment Form was submitted by
Mr. Taylor McDermott, and on that EAF a variety of factors were
considered and answered. Those included concerns regarding soil, topo
at the site, wetlands at the site, surface and groundwater run -off at
the site, air quality concerns, wildlife concerns at the site,
aesthetic concerns, archeology and historic concerns, noise and
lighting concerns, solid waste concerns, community services through
the provision of utilities, vegetation and landscaping concerns, land
use and zoning concerns, concerns whether this was an Ag District, and
lastly, concerns regarding the fiscal impact and potential fiscal
benefit that this would have for the Town. Attorney Milano said that
in each and every instance those issues were addressed and a finding
of no significant adverse environmental impact was found. Attorney
Milano said that the project has evolved and he thought it was
important to note that the project was originally proposed in a
specific fashion. Attorney Milano said that when the project was
originally proposed McDonald's was in contact with the Town
Engineering and Plannning Departments. Attorney Milano said that
McDonald's has come before the Board with the better plan, but perhaps
they should have come in and actually, formally, and publicly,
presented the initial application which was presented to the Town
offices, then perhaps that would have evolved to the better plan; a
• plan that has no significant adverse environmental impacts that is
before the Board tonight. Those specific points that have changed
since the plan was originally suggested are as follows:
10 The original ingress and egress points included an entrance
directly across from Pine Tree Road. It was wisely suggested to
McDonald's by the Town planners that that was not an appropriate
entrance and exit point. McDonald's agreed and changed the plan.
The reason McDonald's did that was because they found a study,
with the point of exit and entrance there, which degraded the
level of service at that intersection from "B" to "C ". By
changing the point of ingress /egress the level of service at that
intersection is maintained.
2. With the good graces of Cornell, certain channelization of
traffic patterns were implemented in the East Hill Plaza parking
lot.
39 An extensive traffic study was prepared.
4. Landscaping concerns were addressed.
5. A concern with stormwater run -off and drainage. In response to
that McDonald's voluntarily has implemented 10 detention and
treatment wells at the site.
6. The company has voluntarily agreed to implement a recycling
•
program at the site.
Planning Board -19- July 24, 1990
• At this point, Attorney Milano stated that there are going to be
employment opportunites created by the proposed McDonald's. It is
estimated that during the period of construction an additional 15 -18
jobs will be created, and upon operation it is estimated, counting
full and part -time employment opportunites, 72 new full and part -time
positions will be created at operation. Secondly, a restaurant at
that site will contribute additional tax dollars to the municipality.
Attorney Milano stated that he thought a good case could be made
in that the proposed use of this site will provide benefits to the
community, and will not burden the community.
Chairperson Grigorov noted that this was a Public Hearing and
asked if there were anyone from the public who had any comments or
questions.
Louis Cier, of 175 Snyder Hill Road, stated that he thought the
quality of life here has been deteriorating over the years and he does
not know, of any McDonald's in Cayuga Heights. Mr. Cie r expressed a
concern with traffic, and the parking facilities.
Stephen Huntz, of 948 Mitchell Street, spoke from the floor and
offered that he has a degree in Environmental Science. Mr. Huntz
believed that the quality of life would be changed if a McDonald's
restaurant was permitted on East Hill.
• Nancy Gabriel, of 1743 Ellis Hollow Road, spoke from the back of
the room. She is concerned about traffic. Ms. Gabriel stated that
she believed, if she understood correctly, that there is a
contradiction in what the representatives of McDonald's Corporation
said. Ms. Gabriel stated that Mr. McDermott said that 3% -5o of
commuter traffic would go into McDonald's and Mr. O'Rourke said that
the main business would be part of the existing traffic. Ms. Gabriel
would like some estimate of how many cars McDonald's actually expects
would go to this restaurant in a day or in a week. Ms. Gabriel thinks
everyone has been given contradictory and very unclear so- called
information. They are all projections and she does not even know what
the projections say.
Mr. McDermott responded that, first of all, Mr. O'Rourke used the
average time of flow. He used the 30 -5o as traffic cars going by on
existing roads. In other words, 3 or 5 cars would probably turn into
McDonald's. During certain times less than 80o will be diverted or
passer -by traffic. At times there will be more than 80o will be
diverted or passer -by traffic. Using that, 4 out of those 5 cars
going in, as a rule of thumb, will already be on the roads. One of
those 5 will be new added cars. Mr. McDermott offered that Mr.
O'Rourke has specific numbers at certain times of the day when the
cars will turn in. Mr. McDermott said he was talking in generalities
trying to tell you exactly what times one would see.....
• Ms. Gabriel said she would like sort of a number, like how many
cars are going to go into McDonald's in a day. Ms. Gabriel offered
that she is a simple person.
Planning Board -20- July 24, 1990
• Mr. Semos responded that it is very difficult to answer a lot of
questions at one time; we will certainly do the best we can. What Mr.
O'Rourke did was to analyze the worst case, in other words, what time
does McDonald's generate the most vehicles, and one can ask for a
simple number, but it is not a simple number and it deals with some
very complex projections in looking at averages, not that McDonald's
developed, but are the standards in the transportation industry. Mr.
Semos said he was afraid McDonald's can't give a simple answer to a
complex question. McDonald's is happy to answer them, but they have
to answer them in a way, particularly the traffic consultant.....
•
•
Chairperson Grigorov commented that McDonald's can understand
that what the Board is really interested in is how many more cars are
going to be there than there were before. Mr. Semos replied that that
is the answer, he thought, that Mr. O'Rourke can come to -- what's the
increase in traffic -- based on some thousands of surveys we have a
pretty good idea.
Mr. O'Rourke said that what Mr. Semos was pointing out and he
(Mr. O'Rourke) tried to express to Town Engineer Dan Walker was the
type of analysis Champagne Associates does. There are specific
documents that are used, e.g., "this" one here which he would make
available to Mr. Walker if he would like that, which specifically
talks about types of generation. Mr. O'Rourke said that he thought
what Mr. McDermott alluded to earlier was what we call passer -by and
new traffic. Basically, what we are talking about is certain times of
the day -- there are major influences of trip generating facilities on
existing levels of traffic.
Attorney Barney interjected with, let's cut through the chaff, if
we could here. How many? Mr. O'Rourke commented, I beg your pardon,
sir.
Attorney Barney -- I understand the question. We have a lot of
people who want to speak. Can you just give a simple answer? Say
from 12:00 noon -2:00 p.m. -- Define a time period that you want to.
Mr. O'Rourke -- If you want a specific question I can answer;
just tell me -- it is very general. I am trying to answer it the best
I can, sir.
Attorney Barney -- I understand, you're repeating yourself and I
would really like to go home. Can I just ask you one question? If
you have a time period from 12:00 noon -2:00 p.m., or whatever your
peak period is, how many more cars will be going across that road?
Mr. O'Rourke -- I would like a question.
Attorney Barney -- That's the question.
Mr. O'Rourke -- Would somebody address
question?
Attorney Barney -- That's the question.
me with a specific
Planning Board -21- July 24, 1990
•
Mr. O'Rourke -- Shall I answer his (Attorney Barney's) question
and not hers?
A voice said -- Same question.
Mr. O'Rourke -- I don't think so.
Chairperson Grigorov -- Answer his.
Mr. O'Rourke -- First I heard from her -- she wanted a 24 -hour a
day -- you are intimating that you have a specific question you want
me to address. I think we need something very specific to answer. If
you want me to answer his question I will. Would you like me to
answer his question?
Chairperson Grigorov -- If you can answer his question briefly,
otherwise we will go on the next question.
Mr. O'Rourke -- In my report, on Page 6, I pointed out what the
trip generation rates are for a specific facility. Those are for
A.M., mid -day, P.M. and week -end peaks, alright. On Page 7, Table 2
Classification Percentages. It indicates whether or not these trips
are new trips or passer -by trips. In Step 3 of the analysis, we talk
about how many trips will be trips that are already secondary trips
that are not really trips that are going to be generated on the road
• system. It is not a simple straight - forward question.
Attorney Barney -- Mr. O'Rourke?
Mr. O'Rourke -- It is a complex situation that deals with more
than one specific number or thing.
Chairperson Grigorov -- Alright, I think we'll.....
Mr. O'Rourke -- It's here; it's available to you. I'll explain
the specifics if you want.
Chairperson Grigorov -- Okay, that will be fine. I'll just read
this paragraph here. "The total number of a.m. trips is 136 per hour.
The total number of p.m. is 202. The impact of new or diverted trips
is 51 during the a.m. peak and 71 trips during the p.m. peak period ".
Ms. Gabriel -- The lunch rush -- the new cars that are coming at
lunch that are not commuters -- how many?
Chairperson Grigorov -- I don't think they really have a
specific, even an estimate; of course you don't really know for sure
how many there will be.
Mr. McDermott -- Basically, we look at
a garden hose with water going through it
• that's where we look at the peak period.
which you are talking about there won't be
because the commuter traffic will not be
the most flow -- you take
-- it is totally full
At the lunchtime period
as much water in the pipe
there, therefore, the new
Planning Board -22- July 24, 1990
• traffic, which you are saying will be higher going into McDonald's,
will not fill the pipe to the capacity that it would be in the morning
at the peak.
Paul
expressed
Hartman, of 132 Pine Tree Road, approached
a concern about solid waste.
the Board
and
Tom
commended
concerned
Eisner, of
McDonald's
about the
60 Hickory Circle, addressed the Board
on their recycling program. Mr. Eisner
garbage that will get thrown out through
and
is
car
windows.
John Seeley, of 1344 Ellis Hollow Road, spoke from the floor and
expressed a traffic concern.
Natalie Emler, of 45 Lone
City of Ithaca wants business
McDonald's at East Hill Plaza
bringing people downtown where
Oak Road, noted that the Mayor of the
downtown, and thought that having a
would detract from the initiative of
there is a McDonald's.
An unidentified
voice
stated that he
has a traffic concern.
Joy Mecenas, of
stated that she has a
105
traffic
Pine Tree Road,
concern.
spoke from the floor and
• Joel Savishinsky, of 222 Bryant Avenue, stated that the Planning
Board has to address whether or not the new development that is being
proposed is really going to serve the needs of the community or have a
deleterious environmental effect. Mr. Savishinnsky said that
McDonald's in some ways is not a very user -, or neighborhood -,
friendly individual to have around.
Laura Marks, of 302 E. King Rd., addressed the Board and talked
at length about the environmental impact McDonald's would have on the
area.
Robert Lewis, of 10 Sunnyslope, addressed the Board and expressed
a concern about traffic.
Betsy Darlington, of 204 Fairmount Ave., spoke from the floor and
stated that she felt Cornell has really let this community down in
signing the McDonald's lease, adding that she thought it shows
tremendous insensitivity to the community and she is really
disappointed in Cornell, and she thinks their real estate office is
completely divorced from the rest of the University and noted that the
University's mission is that it should be setting an example, not just
picking up fast bucks the easiest way they can. Ms. Darlington
commented that if McDonald's is . granted approval why not require them
to use washable dishes; why not require that they give a sizable
discount to anybody at their take -out who brings their own container
to put their carry -out food in. Chairperson Grigorov responded that
• there would probably have to be a law for the whole Town. Ms.
Darlington remarked, not necessarily, because this is a new facility,
any fast -food restaurant going in should have those requirments. Ms.
IF
Planning Board -23- July 24, 1990
., Darlington thinks that McDonald's is brainwashing the American public
into thinking that McDonald's is the most wonderful corporation on
earth and they are doing everything for the environment, adding that
she thought McDonald's should spend their money instead doing things
that would really help the environment like washable dishes, forks and
knives; not plastic and..polystyrene.
Dr. Harold Purdy spoke from the floor and stated that he has
Dental offices and medical offices adjacent to the Best Western Inn.
Dr. Purdy expressed a concern about any business that would generate
litter.
Lucia Armstrong, of 121 Honness Lane, spoke from the floor and
expressed a concern about traffic.
Elmer Phillips, of 131 Pine Tree Road, spoke from the floor and
indicated that he was concerned about the traffic in the area, and
also concerned with the total development in the area.
Doug Brittain, of 135 Warren Road, stated that he was concerned
about the economic impact on the area.
Dooley Kiefer addressed the Board from the back of the room and
stated that she is Chairman of the CAC's new Environmental Review
Committee, commenting that they have not had a chance to even look at
ft McDonald's application, and she would ask that the Planning Board give
them a chance to do that.
Laura Marks, of 302 E. King Rd., again spoke from the floor and
stated that she had one note on her card that she overlooked. Ms.
Marks remarked that she is currently working on following the
downstate example in trying to get a resolution to the Town Board on
getting outlawed the use of polystyrene food containers. Ms. Marks
stated that she would -i -ike to know from the McDonald's representatives
how they have handled this downstate, and if such a proposal was
passed in the Town of Ithaca, what can be expected from McDonald's.
Ms. Marks said that this was passed downstate. Mr. Semos responded
that Suffolk County passed a ban on polystyrene; they had a one -year
period to phase it in, and in that one year they realized what they
had done and they rescinded the resolution. Mr. Semos said that a
similar resolution was considered in Ithaca just a few months ago by a
committee in Tompkins County, adding, after reviewing it they
determined that it had no benefit to the community. Mr. Semos stated
that everything one does has an environmental consequence, whether its
Polystyrene or paper, or with all due respect, washing dishes, which
requires hot water and which is much less sanitary than things which
are not re- usable. That is why so many restaurants and so many Health
Departments require that condiments be individually packed.
A voice from the back of the room stated that in several places
in the Executive Summary prepared by Mr. O'Rourke there are some
existing McDonald'-s restaurants mentioned. Mr. O'Rourke responded
that, off -hand, he would have to research the documents that he used,
but he believes those include McDonald's in the Albany area,
Planning Board -24- July 24 , 1990
specifically on Wolf Road, and another one on Central Avenue in the
Albany area. Mr. O'Rourke said that he would look up the information
and make it available to the Board.
There appearing to be no one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
at 11 : 12 p.m. and brought the matter back to the Board for discussion.
Chairperson Grigorov asked if anyone on the Board wanted to bring
up anything before beginning review of the EAF. Chairperson Grigorov
commented that she did not understand the light poles that were
mentioned in the EAF. Chairperson Grigorov wondered if the signs were
free-standing, with Mr. Semos answering, yes.
Board Member Robert Miller asked Town Engineer Dan Walker to
comment on the Positive Declaration as he would like to hear it in a
little more detail. Mr. Walker said that he had a couple of questions
he wanted to ask Mr. McDermott. Mr. Walker noted that before
McDonald 's comes to an area they do a market study, and Mr. Walker
wondered if there was a traffic analysis done as part of the market
study; any projections of traffic that could be made available to the
Board. Mr. Semos responded that they use local figures for existing
traffic counts, and that is the only traffic analysis that is done.
Mr. Walker wondered what figures were used for that. Mr. Semos
replied that, off-hand, he does not recall, he had met with Assistant
Town Planner George Frantz and secured the traffic counts. The
traffic counts in the -original market study were obtained from a
highway count, which was in a timeframe of about a year. Mr. Walker
wondered if those numbers differed from the trip generation
information that the Board has. Mr. Semos said that the market study
McDonald ' s does is to determine if a market exists for a McDonald's
restaurant; it has nothing to do with the design of the driveways; it
is to make a business decision whether or not there is adequate
population, adequate distant traffic. The only study that is done to
look at the site specifically is the study that the Board has before
them. Board Member Robert Kenerson asked if that included the local
study on the impact of the gas station, and if it were ever mentioned
as a part of the study as to what happens when one puts something new
in. Mr. O'Rourke responded that one of the problems with that is to
know what the conditions were prior to the initiation of that
development -- to know what the travel patterns were and how people
went in and out. Mr. O' Rourke stated that at Mr. Walker ' s request, he
had viewed that particular site and analyzed some of the things
associated with the new plan the gas station was submitting as part of
their development, adding that that was incorporated into his report,
but that also shows the difference between what they were changing
from existing conditions now to what they had proposed to add on, and
how that would affect the McDonald's site and how that could be
accommodated with traffic generated by McDonald ' s. Mr. Semos stated
that the traffic analysis location of McDonald ' s is not an issue of
determining volume at all . The only thing it determines is whether or
not there is the traffic in the area that is bringing the other things
that make a McDonald's viable at the site. McDonald 's is placed where
the traffic is; it is not a traffic generator.
Planning Board -25- July 24 , 1990
Board Member Robert Miller wondered about the drainage plan that
was presented. Mr. Walker replied that there is a conflict within the
drainage report, as far as using drywells, and it is stated in the
report that there are poorly drained soils . Mr. Walker said that he
did not think a simple drywell would do the job; it is more of a
detail situation, although the concept is good, but, with the type of
soils that are there, it may not be as effective. Mr. Walker said
that the 1/2-inch is critical as far as contaminants that come off the
parking lot in that first flush of run-off. Mr. Walker said that the
only problem with drywells and tight soils is that they are very
difficult to maintain. Mr. Walker stated that he did not see an
analysis of existing on-site storage and actual water capacity and
what the actual effects on the road would be, based on that total
water coming through the site. Mr. Walker thought he made it clear
that he wants to see a hydrographic analysis so there is a time--
related curve because sometimes the detention can cause more problems
by slowing releasing water at a time when the rest of the peak from
the watershed may not come through. Mr. Walker said that he thought
the site is okay, but can be mitigated for the peak discharges and the
run-off potential. There should be some additional design
considerations to really make it work. Mr. Kenerson wondered if there
were problems there right now. Mr. Walker responded that right now,
the grassed area is effectively a storage area on that site where, in
a real high intensity storm, water could build up on. There is
significant space left as shown by the grading plan, but more details
have to be shown on the final plan. Mr. Walker remarked that there
has to be input from the County Highway Department, as there are some
County drainage systems located there.
Board Member Stephen Smith wondered if the County was approached
on the different traffic questions. Mr. Walker responded that he is
awaiting comment from the County. Mr. Walker said that from the
standpoint of land use, the Board needs to address the fact that the
Town is in the midst of developing a Comprehensive Pian. Mr. Walker
noted that Attorney Milano mentioned that the zoning change of 1968
was in compliance with the Comprehensive Plan. Attorney Barney, in
response to Mr. Milano 's prior comment, stated that there was a site
plan approved for East Hill Plaza in 1968 , and there have been
modifications that have been presented and approved by this Board, the
Best Western probably being the most significant of them, but each
time there is a change up there it requires site plan approval, and
the fact it was rezoned in 1968 to be a commercial zone did not
necessarily mean that, even in 1968 , this Board would have accepted
placing facilities on every square inch of the property that is
rezoned.
Robert Miller stated that he thought McDonald's has presented a
very good case, and he is not against McDonald' s, but after presenting
the case, McDonald's representatives can go home; all the people that
are against the restaurant have to live there. Mr. Miller stated that
he could not honestly vote to okay the site plan. Att orney Barney
said that it has to be determined if there is a significant
environmental impact that requires appropriate study. Attorney Milano
stated that, although heartfelt, and legitimate concerns have been
Planning Board -26- July 24 , 1990
made tonight, the Board is obligated by law to have the legal duty to
examine the law, and to see if McDonald' s complied with the law.
Town Engineer Dan Walker addressed the SEQR Postive Declaration
recommendation. Mr. Walker stated that he felt it is important that
the Board be fully aware of every item within all three parts of the
EAF to make sure that the Town is in compliance with the SEQR
regulations. Mr. Walker said that the SEQR regulations state that the
Town staff, and especially the Planning Board as Lead Agency, have a
responsibility to fully assess any action that may have an adverse
environmental impact. Mr. Walker remarked that in the past EISes have
not been a real frequent occurrence within the Town. Mr. Walker
stated that he felt McDonald' s has been very responsive in providing a
significant amount of information, adding, that is part of an EIS.
Mr. Walker said that a more important part of an EAF is the fact that
the Town wants everyone that is involved in the community, Lead
Agency, and other interested involved parties to have an opportunity
to respond. Mr. Walker said that a significant amount of the scoping
process that is required in a SEQR proceeding for an EIS has occurred
somewhat informally in various meetings with McDonald's staff and the
Town staff, which is the mechanism the Town Board has elected to
utilize. Mr. Walker felt that the impact on water, as far as surface
water and potential contaminants from any parking area is something
that may have an impact, in that the Town has to have a handle on it,
because at some point down the road the Town is going to be totally
responsible for all stormwater discharges, and meeting certain State
standards. Mr. Walker commented that, in effect, the Town may be
initiating a new precedent although not specifically for McDonald' s
because every development that is coming through is getting the same
questions asked. Mr. Walker said that the surface water impacts in a
developing area are cumulative, and there is potential for other
developments occurring in the area, specifically East Hill Plaza and
specifically the gas station.
Mr . Walker referred to the EAF Part 2 - PROJECT IMPACTS AND THEIR
MAGNITUDE, Page 7, No. 6 : "Will proposed action alter drainage flow
or patterns, or surface water runoff?" Mr. Walker said that is more
of a consideration from the impact on the total drainage system
because the Town has a storage basin there right now that is going to
be modified significantly, adding that that has to be addressed on an
overall basis. Mr. Walker said that the transportation system is
really the biggest question of environmental impact right now, because
the County has plans, and Cornell has plans. Mr. Walker felt that the
forum provided by the EIS really will give the Town the best
communication of the potential effects of McDonald's on the overall
transportation system. Mr. Walker stated that, in fact, the Town is
in the process of developing a GEIS for the entire southeast precinct
of Cornell University.
Attorney Barney wondered what other projects were pending that
relate to East Hill Plaza. Mr. Walker said that the pending projects
right now are: East Hill Plaza renovation, and the gas station
renovation. Mr. Kenerson asked if the Cornell Parking Lot was in or
out. Mr. Walker responded that, as he understood it, the Cornell
Planning Board --27-- July 24 , 1990
Parking Lot is still in the picture, but on hold until they see what
happens. Mr. Walker offered that he is in the process of
communicating with the County Highway Department as far as some actual
plans. Mr. Walker stated that the four areas of concern are:
traffic, stormwater, solid waste, and surface water quality drainage
flow. Mr. Walker stated that a significant amount of technical
information has already been gathered by McDonald' s, and he did not
see any additional amount, other than some fine tuning or maybe some
additional information to supplement what has already been provided.
The Board has an obligation to consider alternatives which is within
the SEQR process, and not to the detriment of anyone but to the
advantage of all, because it is a very set procedure.
Attorney Milano stated that he would agree, almost totally, with
Mr. Walker's comments; it is laudable; it is worthy, and it is
meritorious, except McDonald's has a fundamental difference. Attorney
Milano stated that he did not think McDonald's is legally obligated to
produce an EIS, adding, while it might be neat, and it might be
helpful to require McDonald's to go through the step, the Town is not
legally obligated to make that determination. Attorney Milano stated
that environmental review is not designed to plan for future growth;
that is a separate zoning function that the Planning Board, the ZBA,
and the Town Board are charged with.
At this point, Attorney Milano stated that Cornell ' s Park and
Ride has been officially withdrawn, and he did not believe there was
any other Cornell project in that area, and he was not sure the gas
station renovation was on the table. Attorney Milano commented that
everyone might be here in ten years to see how the Town is going to
evolve, what is going to happen, and how the whole area should be
impacted, commenting that he felt McDonald 's has not only fulfilled
the letter, but the spirit of SEAR. McDonald's has focused and scoped
specific issues. McDonald's has mitigated, studied, and elicited
public comment. Attorney Milano suggested that the Board follow one
of two other alternatives. First, hold open a 30 or 45 day public
comment written period; it allows time to elicit public comment,
County comment, and any other kind of comment. Secondly, and most
appropriately, is to grant site plan approval, as McDonald's has
fulfilled the letter of the Zoning Ordinance of the Town of Ithaca,
and complied with the laws of the State of New York, adding that he
felt McDonald' s is entitled to that legally, but condition the
approval upon any conditions that the Planning Board sees fit,
retention wells, drainage patterns, or go back and take another look
at the gas station, but condition the approval upon factors that are
important to the Board and that are responsive to the Board' s
constituency. Attorney Milano commented that he felt the requirement
imposed upon McDonald' s to prepare an EIS is not legally supportable,
although it is a great idea, and would be nice to have. Attorney
Milano said that McDonald ' s has come before the Board and created a
substantial body of evidence upon which the Board could act, and act
tonight. Failing that, Attorney Milano stated that he would endorse
an idea of holding open a public comment period for some period of
time that the Board deems worthy to elicit additional comment to
address Mr. Walker' s concerns. Attorney Milano remarked that to issue
Planning Board -28- July 24 , 1990
a Positive Declaration would be violative of McDonald's legal rights.
Mr. Walker enlightened Attorney Milano to the fact that there are
active applications for the East Hill Plaza renovation and Andree' s
gas station expansion on the books. Mr. Walker offered that Robert
Andree came in May 24, 1990, Cornell East Hill Plaza came in July 7,
1990, and McDonald's came in April 27, 1990, adding that Cornell Park
and Ride came in prior, and it has not been withdrawn, it has been
temporarily put on hold for a period of at least nine months .
At this point, Mr. Kenerson wondered if Cornell had been asked to
prepare a GEIS . Mr. Walker answered, yes, and the proposed property
is within the scope of the GEIS.
Mr. O'Rourke asked if Andree 's gas station prepared a traffic
study. Mr. Walker replied that they are in the process of developing
final plans at this point. Mr. Walker said that he has been talking
with the engineer who is doing the site plan for the East Hill Plaza,
and told him that the Town is looking for a traffic study for the gas
station.
Attorney Milano commented that, if the Board is not of a mind to
issue a Negative Declaration this evening, he thought no harm would
come of holding open a public comment period for 30 days for
additional comment.
Board Member Stephen Smith stated that there should be input from
the CAC.
Mr. Semos said that McDonald' s had offered 30 days and what they
were thinking Mr. Walker was asking for was the time to get
coordinated review. Mr. Semos commented that if the Board is waiting
30 days for McDonald' s to do something else, then they are wrong
because McDonald ' s is not going to do it. Is the Board looking for 30
days to hold another public hearing? We had one tonight. Mr. Semos
said that he would prefer to withdraw the offer, the Board can do what
they need to do today or 20 days from now; McDonald' s will go on from
there. Mr. Semos stated that McDonald' s has given the Board what they
think is appropriate, in fact, McDonald ' s has given more than what
they thought was necessary. McDonald' s will be happy to make a
decision today or 20 days from now.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to make a motion. Attorney Barney noted that the
end result of the resolution being considered by the Planning Board is a positive deter-
MOTION by Mr. Stephen Smith, seconded by Mr. Robert Miller: mination of
environmental
WHEREAS: significance.
1 . This action is the Consideration of Preliminary Site Plan
Approval for the proposed "McDonald' s Restaurant" at East Hill
Plaza, proposed to be located in a Business "C" District on Ellis
Hollow Road opposite Pine Tree Road, Town of Ithaca Tax Parcel
No. 6-62-2-1 . 2, and proposed to consist of a 4,560+/- sq . ft.
restaurant with drive-through window service, parking for 57
Planning Board --29- July 24, 1990
cars, signage and site landscaping;
2. This is an Unlisted action for which the Town of Ithaca Planning
Board has been legislatively determined to act as Lead Agency for
environmental review. The Tompkins County Planning Department
and the Tompkins County Department of Public Works are
"Interested Agencies" under SEQR;
3 . The Planning Board, at Public Hearing on July 24 , 1990 , has
reviewed the Long Environmental Assessment Form, site plan, and
other application materials submitted for this action;
4 . The Judd Falls Road, Ellis Hollow Road, Pine Tree Road, Mitchell
Street, and the East Hill Plaza entrances presently comprise a
heavily congested area with roads at capacity or near-capacity;
5 . The proposed facility would, by McDonald' s own estimates,
generate 136 trips per hour at peak A.M. hours and 202 trips per
peak hour in the P.M. , of which 51 trips in the A.M. and 71 trips
in the P.M. represent new trips generated by the facility, such
estimates being based on research in Albany, New York, and not
Ithaca, New York;
6. There are several other projects involving the intersection, such
as the expansion of the gasoline station and the renovation of
the Plaza itself, which will also add traffic to the already
over-stressed road system;
7. Approximately 40% of the users of the facility would be
drive-through customers who would remove the packaging and take
it with them adding to the amount of solid wastes to be disposed
of in limited landfill facilities;
8 . The proposal may produce substantial amounts of runoff of both
polluted and unpolluted water;
THEREFORE, IT IS RESOLVED:
That the Planning Board find and hereby does find that the
proposed action may result in a substantial adverse change in existing
traffic and noise levels, and also may result in a substantial
increase in solid waste production, and also would result in
significant water runoff, and therefore,
IT IS FURTHER RESOLVED:
That the Planning Board find and determine and hereby does find
and determine that the proposed action may include the potential for
at least one significant environmental effect.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Miller, Smith.
Nay -- None.
•
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Planning Board
-30-
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matt
Preliminary Site Plan Approval for the propos
duly closed at 12:25 a. m, the Board having made a
environmental significance for this action as proposed.
ADJOURNMENT
July 24, 1990
,er of Consideration of
ed McDonald's Restaurant
positive determination of
Upon Motion, Chairman Grigorov declared the July
of the Town of Ithaca Planning Board duly adjourned at
24,
1990
meeting
12:25
a.m.
Respectfully submitted,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
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' Mr. Greg Semos
McDonald's Corporation
15 British American Boulevard
' Latham, New York 12210
RE: Proposed McDonald's
' Restaurant, Town of
Ithaca, New York
Project #90 -34 -C
' Dear Mr. Semos:
In accordance with your request, we have evaluated the traffic
impact associated with the proposed McDonald's Restaurant to be
located in the East Hill Shopping Center, in the Town of Ithaca,
New York. The proposed development is in keeping with the
' surrounding land use and will not create any undue hardship on
the adjacent street system.
t�
1
1�
Our analysis and conclusions have been summarized in the
enclosed report. If you have any further questions concerning
this matter, please do not hesitate to contact us.
BMOomr
Enclosure
Exhibit 1
very truly
Brian M.
Associate
O'Rourke
i be
7
THE TOWN OF ITHACA, NEW YORK (A
PROPOSED MCDONALD'S RESTAURANT
TO BE LOCATED IN THE EAST HILL SHOPPING CENTER
EXECUTIVE SUMMARY
This report summarizes our evaluation of traffic impact on the
adjacent roadway system associated with the operation of the
proposed McDonald's Restaurant. This restaurant is to be
located at the northeast corner of the intersection at Pine Tree
Road, the East Hill Shopping Center Driveway and Ellis Hollow
Road. It will occupy a two acre parcel immediately adjacent to
the Tompkins County Trust Company Bank, along the southerly
boundary of the East Hill Shopping Center.
This study evaluates the
of a proposed McDonald's
existing shopping center
adjacent roadway system.
the following comments:
traffic impact created by the operation
restaurant on the activities of the
and on the traffic operation of the
Based on this study we have prepared
The proposed parking provisions will accommodate the
anticipated parking demand.
The site ingress- egress is achieved via the low speed
shopping center circulation system. This dramatically
reduces adjacent system travel delay and potential
ingress- egress conflicts.
The proposed site driveway provides the most efficient
internal circulation of site traffic;
- There is sufficient site distance at the proposed access
driveways;
The internal impact on the present activities of the East
Hills Shopping Center is minimal;
The present Level of Service of the intersections near the
proposed restaurant will not.change because of trips
generated to the proposed facility. The proposed
restaurant will generate relatively few new trips, the
level of service at the shopping center driveways will not
change as a result of trips generated by this proposed
restaurant;
This site has been designed to provided an efficient site
access and internal circulation, ample parking and special
service window stacking spaces. These features will
minimize the traffic impact of the proposed facility;
Exhibit 1
1
1�
1
The new restaurant will
adjacent roadway system.
not create undue hardship on the
Channelization provided by the proposed curbed landscaped
end islands will delineate the circulation roadway south
of the shopping center parking area, enhance traffic
safety and provide protection to pedestrian and parked
vehicles.
At the specific request of the Ithaca Town Engineer,
Champagne Associates evaluated the possible relocation of
Pine Tree Road; the possible renovation of the existing
service station to the west of the proposed McDonald's
Restaurant; the potential growth patterns related to
Cornell University and the impact associated with a
possible park- and -ride facility that might be located
behind the East Hill Plaza. In all cases, our analysis
was limited to determining if these possible future
developments, in conjunction with the proposed McDonald's
Restaurant, would create an unacceptable traffic impact
that would otherwise not have had occurred had these
developments been implemented without the proposed
McDonald's Restaurant. Based on this analysis we
concluded.
The possible relocation of Pine Tree Road to align with
Judd Falls Road would improve traffic flow in the area.
This relocation would not have a significant effect on
the proposed McDonald's Restaurant, nor would the
proposed McDonald's Restaurant have an adverse impact on
this relocation.
The gas station renovations will have a negligible
impact on the present traffic patterns. The inclusion
of a "C" store with the proposed improvements will
generate few new trips. This minimal increase of trips
when considered with the proposed McDonald's Restaurant
will not result in a change in the level of service for
the intersections studied.
Background growth, specifically influenced by Cornell
University should not increase traffic volumes more than
16% by the year 2,000. The majority of new traffic will
not be processed through the Ellis Hollow Road -Pine Tree
Road -Judd Falls Road travel corridor. While road system
adjustments like the relocation of Pine Tree Road are
desirable from a traffic engineering stand point, the
existence of the proposed McDonald's Restaurant does not
necessitate the need for this relocation.
2
Exhibit 1
L1�
11�2
U - A Park - and -Ride facility will divert some trips to the
area. However, the arrival of these trips does not
coincide with the peak trip generation period for the
proposed McDonald's Restaurant,
EXISTING CONDITIONS
The shopping center is. bounded by Ellis Hollow Road to the south
and Judd Falls Road to the west. There are two shopping center
.� driveway access points for either roadway. The main access to
the shopping center is located on Judd Falls Road at the
northwest side of the parking lot. It forms a circulation
_ roadway which has the shopping center's commercial facilities
along its north side and parking along its south side. At the
southerly side of the parking area is a second circulation
accessway which provides access to the two Ellis Hollow
Driveways, the Tompkins County Trust Bank property and a Service
Station located at the,northeast corner of Judd Falls Road and
Ellis Hollow Road. The second Judd Falls Road access point is
at this service station. The operators of the East Hill
liShopping Center have recently proposed the construction of
-- channelization end islands to be located at the southerly ends
of the existing parking lot rows. These islands will delineate
ir1 the circulation roadway, protect parked vehicles and reduce
diagonal travel through the parking lot.
I'- The Adjacent Roadway System
Judd Falls Road in the immediate proximity of the proposed site
has the following features.
- a north -south orientation with a straight horizontal
.alignment and a level vertical alignment;
11
FM
I
PM
n
The travel portion of this roadway is 24 feet wide.
Presently there are no discernible pavement markings.
There are shoulders of varying widths which allow vehicles
to move around left turning vehicles;
Ellis Hollow Road in the immediate proximity of the proposed
site has the following features:
an east -west orientation with a
alignment and a level vertical
The travel portion
Pine Tree Road and
Presently there are
this roadway.
straight
alignment;
horizontal
of this roadway is 24 feet wide east of
20 feet wide west of Pine Tree Road.
.no discernible pavement markings on
3 -
Exhibit 1
Pine Tree Road forms a four way intersection with the (A7
Shopping Center's southwest driveway at Ellis Hollow Road.
- Approximately 200 feet east of Pine Tree Road is the
L_ intersection of Ellis Hollow Road and the shopping
L Center's southeast driveway.
Pine Tree Road is a connector road between Ellis Hollow Road -
Judd Falls Road travel corridor and Route--79. It intersects
Ellis Hollow Road along its southerly side, approximately 200
feet east of Judd Hill Road. It provides an import link between
Cornell University and Route-79.
Existing Traffic Volumes
Traffic counts were conducted at three intersections. These
were:
1. Pine Tree Road - The Shopping Center's southwest driveway
and Ellis Hollow Road;
2. Ellis Hollow Road and Judd Falls Road;
' 3 . Judd Falls Road an the Main Driveway for the East Hill
shopping Center.
4. Ellis Hollow Road and the Shopping Center's southeast
driveway.
A review of the count data indicates peak traffic periods are
during the AM and PM commuter peak. Summaries of traffic count
data can be found in the Appendix of this report. These counts
were conducted on Tuesday, February 20, 1990 during the morning,
midday and evening peak periods and an additional count was
taken on June 29, 1990, during the morning, midday and evening
peak periods and on Saturday, June 30, 1990, during the midday
peak period. This second count was taken at the Ellis Hollow
Road and the Shopping Center's southeast driveway.
PROPOSED SITE TRAFFIC
Proposed Restaurant Characteristics
The details of the site plans layout reviewed by Champagne
Associates are based on site plan prepared by McDonald's
Corporation, dated December 21, 1989, revised June 20, 1990,
designated as drawing #89-167. This plan indicates a two acre
parcel of undeveloped land located on the southerly portion of
the East Hill Shopping Center adjacent to the Tompkins County
Trust property and the between shopping center's southwest and
southeast driveways.
- 4 -
Exhibit 1
1
Site Access
The site is separated f '
p from the shopping center by curbing and
green area set backs. It will be accessed via two driveways.
The first of these driveways is located at the northwest corner
of the site. It provides access to the shopping center parking
area via the existing circulation roadway located along the
southerly side of the parking area. The second driveway is
located along the easterly side of the site. It intersects the
Shopping Center's southeast driveway approximately 150 feet
north of Ellis Hollow Road.
The site confi uration °ut' '
g ilizes these low speed driveways which
internalize all ingress- egress movements to the shopping center
circulation system. This dramatically reduces conflict
potential on the surrounding roadway system where speeds are 30
MPH or greater. It also minimizes delay time experienced by
' external traffic when the site is directly accessed from an
external roadway. The driveway access points provide the
optimum perspective for viewing available parking spaces.
On -Site Parking
The site plan indicates that there are fifty -seven spaces which
include two handicapped parking spaces. This number of spaces
exceeds the one space per five seat requirement. It also
exceeds the .49 spaces /'seat maximum requirement established by
' the ITE 2ND Edition Parking Generation report for restaurants
with special service windows. It has been our experience that
sites with special service windows require forty percent less
parking spaces. The parking demand will be further reduced by
' multi -trip patrons of the shopping center which use shopping
center parking. Parking availability will not be a problem for
this site.
Trip Generation Analysis
We conducted a three step evaluation of trip generation analysis
' for the proposed McDonald's Restaurant. The first of these
steps is to determine the total trips that enter and exit the
McDonald's site during the AM and PM peak period. The second
step is to classify the trips entering and exiting the site are
in one of the three following categories.
' 1. Passer -by
2. Diverted to this location
3. New trip
The third step is to ascertain how many trips entering or
exiting this site are secondary trips originally generated by
the East Hill Shopping Center.
5 -
Exhibit 1
16 Step #1 CA
Champagne '
p gne Associates has presented trip generation from four
sources. These are:
'1) The ITE 4th Edition Trip Generation Report;
2) the ITE Transportation and Land Development, Chapter 8,
' Drive -in Facilities, Subheading Fast -Food Restaurants
pages 219 -225;
3) trip generation data compiled by the McDonald's
Corporation and
1 4) Traffic Impact Studies conducted by Champagne Associates
at existing McDonald's facilities.
Table 1 presents the trip generation rates during the peak
periods for each source. Trip generation rates have been
presented as the number of trips generated per 1000 square feet
of gross floor area. The total square footage for this
restaurant is approximately 4,500.
Table No. 1 - Trip Generation
WEEKEND
AM MIDDAY PM MIDDAY
Data Source In out In Out In Out In Out
19 ITE Trip
Gen Rep. 144 144 -- - -- 100 97 145 145
' 2. ITE Trans. --
& Land Devl, 176 171 108 104 175 175
3. McDonald's
Corporation 85 84 163 163 88 88 148 148
4. CA Field
Studies 74 74 176 176 106 106 176 163
The lunch period, Monday through Saturday, is typically the time
period during which both inbound and outbound volumes are the
' highest. During this period, through traffic on the adjacent
roadway is usually not;,at its highest volume; therefore, the
peak site traffic period is normally not critical with respect
to roadway capacity conditions. Source 1 indicates that 288
trips are generated during the AM peak. This is not
representative of a McDonald's Restaurant. The surveyed
restaurants for this period is for Dunkin Donuts which caters to
morning coffee and donut trip AM peak attraction.
In our trip assignment we used the highest trip rate identified
by the various sources for specific time periods. However, we
used the 169 trips identified in McDonald's studies for AM trip
generate as being the most representative of the actual
condition.
- 6
Exhibit 1
Step #2
The vehicular traffic to and from the restaurant consists of
three basic components: passer -by, and diverted traffic which
are vehicles that are already on the road near or adjacent to
the site either traveling-past the site or diverted to the site
from roads in the vicinity of the restaurant and new traffic
generated by the site that is traffic which has the sole purpose
of eating or working at the proposed restaurant. New traffic
presents the most significant impact because it is that traffic
which is not present on the roadway before the site is
developed. CA survey data indicates that new trips represent
between 12 to 45 percent of site trips depending on the time of
day.
Specific trip classification percentages have been identified in
Table 2.
Table No. 2,- Trip Classification Percentage
' New Passer -By
AM NOON PM AM NOON PM
Data Source
1. CA Field Studies 12% 28% 17% 88% 72% 83%
M 2. McDonald's Corp. 12% 45% 35% 88% 55% 65%
3. ITE Trans. &
Land Use. 56% 53% 44% 47%
Note. Champagne Associates studies do not include diverted
volumes as new volumes.
Using data from Table No. 1, we determined the approximate
amount of new traffic that will be added to the adjacent roadway
system. Since this specific study is interested in the local
impact we will treat diverted traffic as new tips. In studies
where area wide traffic impact analysis is required, it is
important to account for trip diversion. However, the diverted
trips have the same effect as new trips on intersection capacity
adjacent to the site.
' Step #3
1
1�
Since the proposed site is to be part of a shopping center, it
is anticipated that existing land uses will generate secondary
trips to the proposed restaurant. There are fewer trips on and
off the site because of the existing retail, office and lodging
facilities. According;,'to the ITE Transportation and Land
Development publication, traffic studies indicate that trip
generation of mixed -use developments may be 20% to 35% lower
7 -
Exhibit 1
' than stand -alone developments because of secondary trips. For
example, it is reasonable to assume that some of the work to
home trips generated by the credit union during the PM peak will
stop at McDonald's on their way home. All of these trips in or
' out of the McDonald's site have no impact on the adjacent street
system because they are secondary trips. For this reason, we
reduced the percentage',of total trips by 20$0
Using data from Tables No. 1 and No. 2, and reducing this amount
by 20% for secondary trip generated by a mix -use facility, the
total number of AM trips is 136 per hour, the total number of PM
trips is 202. The impact of new or diverted trips is 51 during
the AM peak and 71 trips during the PM peak period.
' At the request of the Town of Ithaca, Champagne Associates has
observed the operation at the existing shopping center service
station and we reviewed the preliminary site plan which
indicates service station changes and the addition of a "C"
store. Our survey indicated the present facility did not
operate at full capacity except during the PM peak period.
The site plan indicates that there are four gasoline pumps, a
diesel pump and a kerosene pump. In addition, the plan
indicates a 600 square foot "C" store. We assume this means a
convenience store. The fuel attraction may slightly increase
because of a more accessible and convenient alignment of the
pumping stations. However, it is our opinion that the amount of
' new trips is negligible to the adjacent roadway system. Very
few patrons of this station exited from the driveway that they
entered the site. We observed approximately 40% of all ingress
was from the Shopping Center Parking lot. Therefore, we have
' concluded that the fueling operations involve a high percentage
of secondary site trips or passer -by trips that continue toward
the primary trip destination. These trips are processed at site
driveways but do not constitute new traffic to the adjacent road
system.
The inclusion of a new'' "C" store in the plans may be the source
of new trips. We suspect a significant portion of these trips
will be secondary shopping center or fueling trips. However,
since we have not observed this fueling operation in conjunction
' with a "C" store, we analyzed a worst case condition and
assigned 100% new trip 'generation to the proposed "C" store.
Table 3 presents trip generation data obtained from the ITE 4th
Edition, "Trip Generation Report" for Convenience Market stores.
(This source notes that "approximately 45% of all PM trips came
from the passing stream, of traffic on the adjacent street).
- 8 -
Exhibit 1
' Table No. - 3 CA
Trips Generated by a New Convenience Store
Average Vehicle Trip Ends vs 1000 Square Feet of Gross Floor Area
WEEKDAY SATURDAY
AM PM MIDDAY PEAK
In Out Total In Out Total In Out Total
22 23 45 22 21 43 31 32 63
Background Growth
The most important and influential trip generator in the vicinity
of the proposed site is Cornell University. For this reason we
' reviewed the Cornell University Campus Plan for the 1990's. The
University has experienced a 1 percent per year growth in
building space since its founding. Future development of the
University's facilities will depend on the evolution and growth
of academic and support programs. Currant academic plans call
for maintaining enrollment very close to the present level.
' Because of the predicted enrollment stability the University
faculty and administrative staffs will remain at present levels
for the next 5 to 10 years.
Based on these factors we assumed that the area wide growth will
experience at 1% annual increase in traffic volumes. We have
decided to use 1.5% to be conservative and projected that there
' will be a 16% growth in background traffic to the year 2000.
Cornell Park and Ride Facility
At one time, the Transportation�Services of Cornell University
planned to build a six hundred car park- and -ride lot to be
located behind the East Hill Shopping Center. However, during a
recent meeting, the Director of Transportation Services for the
University stated that they had decided not to build the proposed -
lot now or at any time in the future.
' Since the Town Engineer has expressed concern for the potential
impact of such a facility, Champagne Associates has agreed to
include this facility in our analysis. This analysis use the
findings presented in the "Mac Trans analysis of the impact of
the proposed Town and Campus Park and Ride Parking Lot behind
East Hill Plaza on morning peak Traffic." (October 1989)
This report states that 600 vehicles space are to be P rovided.
One hundred forty are expected to be used for long turn parking
by students who live in ,College Town, 35 will be used to store
university vehicles overnight and 195 will be used by custodial
• and food service personnel and other service staff who arrive
- 9 -
Exhibit 1
1
I -k
' before 7:00 AM and leave before 4:00 PM. None of these vehicl
will affect peak hour traffic. The remaining 230 spaces will be
available to peak hour commuters to Cornell and the East Ithaca
area, who arrive between 7:30 AM and 8:30 AM and leave between
4 :00 PM and 6 :00 PM.
the Mac Trans analysis ''evaluated the attraction of 300 trips
during the 7:30 to 8 :30 peak period. This type of facility does
not generate trips ends like an office or school. What it does
is constitute an attraction which diverts trip ends from the
passing stream of traffic on the adjacent streets. The analysis
model measured that only 71 VPH would be diverted to this zone
that would otherwise not have been on the adjacent street
system. The parking lot can only be accessed via Judd Falls Road
or by Summerhill Lane without major changes to the present street
alignment. Therefore, we assigned the 71 VPH as a percentage of
the existing approach volumes. The remaining 220 vehicles would
use Pine Tree Road northbound, Mitchell Street eastbound or Ellis
Hollow Road westbound.
Relocation Analvsis
There are proposed plans for relocating the present Pine Tree
Road alignment to intersect with Ellis Hollow Road at Mitchell
N Street and Judd Falls Road. The realignment will form a four -way
intersection and eliminate the present 200 foot offset between
Pine Tree Road and Judd Falls Road. This is a desirable roadway
' system adjustment. It will dramatically improve the present Pine
Tree Road delays during the AM peak period. However, these
changes will have no impact on the McDonald's facility.
Trip Assignment
Based on characteristics of other restaurant sites that have been
surveyed by Champagne Associates, trips generated by this site
have been assigned as percentages of existing approach volumes.
Trips exiting the site will be assigned in the following manner.
' New and diverted trips will be routed in the direction which
would return them to their trip origin. Passer -by trips will be
assigned the direction that represents a continuation of their
original travel destination. Figure -1 demonstrates this
assignment.
Trips generated by the proposed convenience store have been
assigned by the same method used to distribute trips generated by
the proposed restaurant. Figure -2 demonstrates this assignment.
For the trip assignment for the Park - and -Ride, we assumed all
westbound Ellis Hollow traffic would use the Summerhill Lane
• access. We assumed that the two access points were equidistant
10 -
Exhibit 1
from Pine Tree Road. Therefore, we assigned the northbound tri
ends to a 50/50 split between the two access points. The
Mitchell Street approach was assigned to a 75% to Judd Falls
Road and 25% to Summerhill Lane. This assignment was shown on
Figure -3.
Capacity Analysis
The capacity analysis used in this study was the method outlined
in Chapters 9 and 10 of the Highway Capacity Manual, Special
Report 209, published by the Transportation Research Board. The
capacity analysis quantifies delays associated with finite
capacity in terms of intersection performance called Level of
Service. Descriptions of the Levels of Service are summarized in
a Table included in the appendix of this report.
As was previously stated, the ingress- egress driveways for this
site are located on a shopping center driveway and a circulation
roadway. Traffic operation analysis at these locations is not
warranted because speeds and volumes are too low. However, we
conducted a capacity analysis at the intersection of Ellis Hollow
Road and Pine Tree Road and the Shopping Center's southwest
driveway and at Ellis Hollow Road and the Shopping Center's
southeast driveway. We found that these intersections will
operate at a Level of Service B & A respectively, during the
maximum loading periods. The Level of Service that these
intersections will not change as a result of adding trips
generated by the proposed restaurant.
CONCLUSIONS
Based on the analysis summarized above, the following are
concluded.
t 1. Projected traffic volumes for the proposed site will not
have an adverse impact on the capacity of Judd Falls Road,
Ellis Hollow Road or Pine Tree Road in the vicinity of the
project area.
2. The proposed site is designed for efficient vehicle
movement with regard to on -site circulation and a special
service window operation.
3. There are adequate parking spaces for the proposed
operation of this facility.
1 4. The proposed development is in keeping with the surrounding
land use in the area. It will not create undue hardship on
• the adjacent roadway system.
IExhibit 1
1
r71
5. Internalized site access from the shopping
circulation system will dramatically reduce
potential on the "surrounding street system
traffic delay.
center's
conflict
and minimize
6. The lunch period, Monday through Saturday, is the highest
trip generated period of the proposed site restaurant.
During this period the traffic volumes on the adjacent
roadway system are significantly lower than during the AM
and PM peak commuter periods.
7. At the time of completion for -the proposed McDonald's
Restaurant, background growth traffic level will not be
significant.
8. The proposed relocation of Pine Tree Road will more than
accommodate the projected background growth forecasted for
the year 2,000.
9. The Mac Trans report indicated that only 71 vehicles would
be diverted to the park- and -ride facility. Our analysis
indicates that approximately one third of these vehicles
will never pass through the Judd Falls Road -Ellis Hollow
Road -Pine Tree Road intersection. The concentrated arrival
period will not coincide with the McDonald's Restaurant
peak arrival period. Therefore, we concluded that any
impact associated with a possible park- and -ride will not be
influenced by the proposed McDonald's Restaurant.
- 12
Exhibit 1
AFFIDAVIT OF PUBLICATION
•
Tim ITHAcn JOURNAL
State of New York, Tompkins County, ss.. 0
Gail Sullins being duly sworn, deposes and
says, that she /he resides in Ithaca, county and state aforesaid and that
she /he is Clerk r"
oft he Ithaca Journal a public newspaper printed and published in
Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper
and that the first publication of said notice was on the
day. of �J \ �—r 19
Subsc 'bed and sworn to before me, this
of 19 A
day
JEAN FORD
Notary Public, State of New Yoh'
No. 4 ,654410
Qualified in Torrpl'cins County 1/
Commission expires May 31,190
TOWN OF.ITHACA PLANNING
BOARD, NOTICE OF ,PUBLIC
HEARINGS, TUESDAY, JULY;
241 1990
By direction of the Chairman
of the Planning Board, NOTICE
IS HEREBY GIVEN, that Public
Hearings will be held by the?
Planning Board of.the Town of
Ithaca on Tuesdayy', July 24
1990, in Town Fill, 1, ' 126 East]
Seneca Street, Ithaca, N.Y.,•.at,
the following times and on the
following matters: .,'_."l
8:00 P.M. Consideration' of
Subdivision Approval for the
proposed subdivision of
.45 +1- acre from Town , of
Ithaca Tax Parcel No. 6 -56 -3
200 .91 +/- acre total area, lo;
cared 1578 Slaterville Road,'
Resident District R -15. -Olga
Santi, Owner /Applicant.
8:15 P.M. Consideration of
Approval of Modified Site'',
Plan for the Tompkins County!
Chamber of Commerce,. to -)
Gated at 904 East Shore Drive,-'
Town of Ithaca Tax Parcels NoI
6- 18 -2 -8, -9, and -10 Special;
Land Use District No. 5), with i
such modification proposed toy
include elimination of the
northern driveway entrance to=t
the site, with attendant mod -'
ifications to site landscaping'
and signage details. Tompkins
County Chamber of- Com=
merce, Owner /Applicant.
9:00 P.M. Consideration of
Preliminary Site Plan Approval
for the proposed "McDonald's
Restaurant' at. East Hill Plaza,
proposed to be located in a.
Business "C" District on Ellis!'
Hollow Road opposite_ Pine'''
Tree Road, Town of Ithaca Taxi
Parcel No. 6- 62- 2 -1.2, and,j
proposed to consist of o
4,560 + 1- sqq ft. restaurant l
with drive - through window''II
service, parking for 57 cars,'1
signage and site landscaping.
McDonald's Corporation.:
Owner; Taylor McDermott,;
Agent.
Said Planning Board will at
said times and said place hear'
all persons in support of such'
matters or objections thereto.`
Persons may appear by agent
or in person.
Jean H. Swartwood
Town Clerk
273 - 1721,)
July 19, 1990
M
ft