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FRUM
TOWN OF
TOWN OF ITHACA PLANNING BOARD
JUNE 41 1991
The Town of Ithaca Planning Board met in regular session on
Tuesday, June 4, 1991, in Town Hall, 126 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, James Baker, Stephen Smith, Judith Aronson,
William Lesser, John Barney (Town Attorney), Floyd Forman
(Town Planner), George Frantz (Assistant Town Planner), Dan
Walker (Town Engineer).
ALSO PRESENT: Paul L. Hartman, Robert S. Miller, Carolyn M. Miller,
D.S. Kiefer, Tim Whitney, Priscilla Noetzel- Wilson,
Bill Szabo, Larry Fabbroni, John Gutenberger, Shirley
Egan, Geoff Hamburg, Don McPherson, Ken Baldassarre,
Annabelle Manning, V.J. Baldassarre, W.P. Paleen,
Eleanor Sturgeon, George Sheldrake, Elsie Sheldrake,
Glenn Snyder, Harley Steffy, Bruce Brittain, Douglas
Brittain, Hoyt Benjamin, Karen Baum, Dennis Stein, Dave
Auble, Albert Wright, R. Curtis Gray.
Chairperson Grigorov declared the meeting duly opened at 7:41
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 May 28, 1991, and May 30, 1991, 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 Clerk of the Town of Ithaca,
upon the NYS Department of Transportation, upon the Tompkins County
Highway Department, upon the Clerk of the City of Ithaca, upon the
Tompkins County Commissioner of Planning, and upon the applicants
and /or agents, as appropriate, on May 29, 1991,0
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM. PERSONS TO BE HEARD.
There were no persons present to be heard. Chairperson Grigorov
closed this portion of the meeting.
SKETCH PLAN REVIEW. PROPOSED CORNELL UNIVERSITY TENNIS FACILITY,
TO BE LOCATED ON THE WEST SIDE OF PINE TREE ROAD APPROXIMATELY 400
FEET SOUTH OF ELLIS HOLLOW ROAD, CORNELL UNIVERSITY, OWNER;
PRISCILLA NOETZEL- WILSON, AGENT,
Chairperson Grigorov opened the discussion on the above - noted
• matter and read aloud from the Agenda as noted above.
Maps were appended to the bulletin board.
At
Planning Board
-2-
June 4, 1991
r. At this point, Chairperson Grigorov introduced the new Town of
Ithaca Planner Floyd Forman to members of the Board.
Ms. Noetzel- Wilson addressed the Board and stated that she is
Project Manager /Architect from Architectural Services at Cornell
University. Ms. Noetzel- Wilson offered that with her this evening is
Timothy Whitney, Project Architect, from Sasaki Associates of
Watertown, Mass., adding that Sasaki Associates are consultants for
the Cornell Tennis Facility.
Y Ms. Noetzel- Wilson stated that if the Tennis Facility is built it
will replace the existing Kite Hill Tennis Bubble. Ms.
Noetzel- Wilson said that the proposed location of the project is the
west side of Pine Tree Road and just to the north of the Equestrian
Center, adding that the area is zoned R -30 for residential use, but
educational /institutional uses are permitted by Special Permit. Ms.
Noetzel- Wilson stated that, as a program, the facility consists of an
interior tennis center building with six indoor courts and fixed
seating for 180 spectators, support spaces, a lobby, toilet /shower
rooms, coach office, storage and mechanical spaces. It also includes
an outdoor tennis center originally programmed with eight courts; it
is currently shown as only six on the site plan because Cornell is
carrying two of those courts as an add - alternate. The program
includes parking for 46 automobiles and accessways, as well as
landscaping. The Cornell Athletics and Physical Education
Departments propose the use of this facility during the academic year
. to be the following.
Cornell sees physical education classes being held in the
facility from around 9 :00 a.m. to 12:00 noon, and in the afternoons
from 4 :00 p.m. to around 9:00 p.m. there would be tennis practice by
the tennis teams from Cornell. All other times of the day, and it is
envisioned that the facility would be opening around 7:00 a.m. and
staying open until around 11 :00 p.m. or 12 :00 midnight, the facility
would be open for subscription paying members; that is, of course,
during the academic year. During the summer the outdoor courts would
be open for tennis clinics and camps which would be in the morning
and early afternoon hours, the rest of the time, afternoon and
evening hours, the courts would be available for community use.
There will be Ivy League play carried out in the facility, and, at
the moment it is planned that there would be two to three
invitational tournments per year.
At this point, Ms. Noetzel- Wilson turned the presentation over to
Mr. Tim Whitney.
Mr. Whitney stated that the site is very constrained because of a
variety of factors. There is the proposed realignment of Pine Tree
Road which is "dotted" lightly on the site plan; it essentially cuts
near the tennis facility's proposed parking lot, so, Pine Tree Road
as it is currently proposed will move westerly from where it is shown
1 now and Cornell has needed to keep the parking and the building
behind that location. Mr. Whitney said that the above is the
constraint on the eastern side. Mr. Whitney stated that the
Planning Board - R June 4 , 1991
constraint on the southern side is toward the Equitation parking
lot. Mr. Whitney said that the Equitation Center has a very large
requirement for turning their trailers around and after many
discussions with them Mr. Whitney realized that the turning radii in
their parking lot could not be tampered with. Mr. Whitney stated
that there are wetlands to the south, basically a drainage swale,
cutting across through the proposed Tennis Center drive; there is
also wet land to the north. Mr. Whitney stated that there was also a
need to preserve the meadows shown in the "upper left corner" of the
site plan; Cornell had requested that the meadows be kept as a
natural area. Mr. Whitney said that Cornell is trying to minimize
the apparent bulk of the building; the first approach they took was
to push the proposed building as far back from the road as possible
because they want to keep the Tennis Center farther back than the
Egitation Center. Mr. Whitney offered that the proposed Tennis
Center site slopes from east to down toward the west; the more the
building can be moved to the west the more the finished floor can be
lowered. Mr. Whitney said that the finished floor of the building is
five feet lower than the Equitation Center. Mr. Whitney said that
that also allows Cornell to set the outdoor courts down. Mr. Whitney
noted that Cornell wants to keep the natural quality of the pasture.
Mr. Whitney said that the first floor is down five feet and the
outdoor tennis courts are down an additional couple of feet so,
essentially, the building and the tennis courts are terracing down
the hill as one looks westerly.
Mr. Whitney offered that, as an add-alternate, Cornell has
outdoor lighting for the outdoor courts, and Cornell wants to contain
that outdoor lighting behind the building within a planted and
screened area. Mr. Whitney said that the lighting fixtures would be
high quality fixtures mounted on an approximately 35-foot high pole
lighting the six or eight courts, depending on the budget. Mr.
Whitney stated that the proposed building is a metal building
approximately 52 feet high and very similar in materials and color to
the Equitations Center; Cornell has not finalized the color, but it
will be compatible with the Equitation Center. Mr. Whitney stated
that Cornell is trying to make the proposed building a barn-like
structure sitting in a meadow. Mr. Whitney commented that the
outdoor courts will be contained in a very thick hedgerow.
Mr. Whitney stated that the Equitation Center is approximately 36
feet in height; the proposed building is 52 feet in height, but the
proposed building is set down the hill and pushed back from the road,
so the apparent mass of the building is broken down and in some ways
looks smaller than the Equitation Center.
Mr. Whitney said that the lighting has not been finalized. Mr.
Whitney stated that the proposed Tennis Center would share an
entrance with the Equitations Center because of a possible
realignment of Pine Tree Road. Mr. Whitney mentioned that the
parking lot would be screened by a four-foot-high wooden fence. Mr.
Whitney pointed out existing trees that Cornell would preserve.
4
Planning Board -4 June 4, 1991
• Board Member Langhans wondered how Cornell arrived at the 52 -foot
height. Mr. Whitney responded that the first requirement of forty
feet is a clearance requirement for competitive tennis. Mr. Whitney
said that for summer ventilation a roof monitor was added; fans, not
air conditioning, are added. Mr. Whitney pointed out that there
would be windows at both ends of the structure, and in the office,
but, essentially, it is an opaque building. Mr. Whitney said that
as to the lighting, other than the tennis courts, Cornell would
propose the minimum four fixtures for safety in the parking lot.
Chairperson Grigorov asked
about the
maximum number
of cars with
respect to parking when the
varsity is
playing. Ms.
Noetzel- Wilson
replied that 46 spaces are being provided for the day -to -day use, and
the Cornell Athletics Department has confirmed that they would be
coordinating any scheduling of major events between the Tennis Center
and the Equitation Center; there would never be two major events
happening at the same time. Ms. Noetzel - Wilson stated that for a
major event the total provided capacity for parking would be 120
spaces, so they would look to Equitations for overflow parking.
Ms. Langhans wondered about a walkway from the existing gravel
parking. Ms. Noetzel- Wilson responded that it could be created, but
there is a link between the north Equitations parking lot and the
proposed building that could very easily be provided.
Mr. Whitney said that there
• hard surfaces; catch basins will
drains for the building, and
adding that a detention pond will
Ms. Langhans asked about
going to be grass or clay.
surface. Board Member Kener
Mr. Whitney replied that
directly across the street,
street; the building will be
would be underground drainage for all
be provided in the parking lot, roof
catch basins for the tennis court,
be built out of the wetland area,
the outside courts and
Mr. Whitney answered,
son wondered about any
the gas service woul
along with electric
heated by gas.
whether they are
they would be hard
utility problems,
d be coming in from
service off the
Board Member Lesser asked about the movement of students. Ms.
Noetzel - Wilson answered, by bus.
Attorney Barney, referring to the cupola on top of the proposed
building, wondered if, by adding the cupola, that was the only way to
get the ventilation. Mr. Whitney answered, no, it is not the only
way, but Cornell felt that the minimum size of that piece adds quite
a bit to the quality of the building. Mr. Whitney said that the
cupola adds approximately eight feet to the height of the building.
Attorney Barney asked about the "silo" at the front of the building.
Mr. Whitney answered that it is essentially a vestibule, which is 26
feet high.
At this point, Chairperson Grigorov asked if anyone else had any
• questions or comments concerning the proposed Tennis Center.
t
Planning Board
-5-
June 4, 1991
• Town Planner Floyd Forman asked -- if he were the closest house
to the proposed Tennis Center, and all the lights were on at night,
what would he see? Mr. Whitney replied that, in terms of the front
lot it would be very minimal because there are four small fixtures
"here "; the biggest impact would be the outdoor courts with the
35 -foot high fixtures. Mr. Whitney said that the light one would
pick up would be the light that is hitting the moisture in the air.
Chairperson Grigorov noted that this matter is not a public
hearing, but if anyone in the public has a concern they could voice
that concern at tonight's meeting.
Dooley Kiefer, a member of the Town of Ithaca Conservation
Advisory Council, wondered what planning principles guided Cornell to
move a facility such as the Tennis Center off the central Campus, but
leave a baseball field on central Campus? Ms. Noetzel - Wilson
responded that she did not know if she was qualified to answer that
because she is not from Cornell planning. Ms. Noetzel- Wilson said
that one consideration for moving the Tennis Facility off central
Campus was because it,is a very low density use when one considers
the maximum occupancy in the existing building, as far as players,
consists of 24 persons. Ms. Noetzel - Wilson stated that it is not a
very viable thing to have on central Campus where space is very
valuable. Ms. Noetzel- Wilson stated that she was not qualified to
answer anything about the baseball field.
Robert Kenerson wondered if
proposed facility would satisfy
Noetzel- Wilson said that there
stated that the eight courts would
of time, but there is the pr
expanded by two courts. Mr.
expansion would be two courts of
a fifty -year plan.
there were any hopes that this
the needs in the future. Mse
is future expansion, Mr. Whitney
satisfy the need for some period
obability that the building could be
Whitney stated that the maximum
an indoor facility, adding, that is
A voice from the back of the room wondered about locker rooms,
showers, and who was going to use the facility -- is it going to be
University- connected people and is the community going to be able to
use it? Mr. Whitney, indicating on map, pointed out the men's and
women's locker rooms and showers, coach's office, and storage area.
Ms. Noetzel- Wilson offered that this facility, as she understood it
from Cornell Athletics, is going to try to be self - supporting, which
means that they will be paying for their operational costs,
maintenance, etc, from the Physical Education classes that pay fees,
as well as from a group of subscription members. Ms. Noetzel- Wilson
commented that her understanding is that because of the nature of the
University these subscription members have to come from the Cornell
community. Ms. Noetzel- Wilson said that in the summertime, or any
warm weather period, the outdoor courts would be available for
community use and there would not be any fee collected with that.
• Robert Kenerson wondered where the spectators would sit. Mr.
Whitney indicated on the map where the 30 per court spectator seats
were located.
I
Planning Board -6- June 4, 1991
• Mr. R. Curtis Gray, 657 Elmira Road, spoke from the back of the
room and stated that about 20 years ago he and his wife used to
attend exhibition tennis matches at Cornell, adding that there would
be about 2000 people in attendance. Mr. Gray wondered how many
people would be attending matches at the proposed Tennis Center. Ms.
Noetzel- Wilson said that, at the moment, the Tennis Bubble has no
spectator space whatsoever. Ms. Noetzel- Wilson stated that, at this
point, Cornell does not know what to expect in terms of numbers of
spectators.
Ms. Langhans wondered if the Invitational Tennis Tournaments were
other than Collegiate play. Ms. Noetzel- Wilson replied, yes.
Bill Szabo, of the Cornell Athletic Department, addressed the
Board and stated that, normally, in a situation where a famous tennis
player came in, temporary seating would be set up around one court.
Ms. Noetzel - Wilson offered that, by Code, the building is limited to
300 persons or less.
Chairperson Grigorov wondered about the wetlands. Ms.
Noetzel - Wilson responded that Cornell is working with terrestrial
environmental wetland consultant specialists from Phoenix, New York,
which is near Syracuse, New York. Ms. Noetzel- Wilson commented that
Cornell has tried to stay away from the wetlands on the north, and,
basically, away from the wetland at the south of the project; the one
that Cornell will be involved with is the small drainage ditch that
• comes in at an angle and runs into the Equitations parking lot. Ms.
Noetzel - Wilson said that Cornell does not intend to fill the drainage
ditch; they will be putting a culvert in and bridging over for the
access road, and for that purpose Cornell is going for a
jurisdictional determination from the Army Corps of Engineers.
Mr. Lesser commented that he thought it would be very helpful to
have some balloons indicating the various final heights to get some
kind of visual feel for what it would be. Mr. Lesser noted that
Cornell is asking for a substantial variance over the Town's normal
height limitations.
Chairperson
Grigorov asked if
there
were any other comments.
There being none,
Chairperson
Grigorov
declared the matter of the
Cornell University
Tennis Facility
Sketch
Plan Review duly closed.
PUBLIC HEARING. CONSIDERATION OF SITE PLAN APPROVAL FOR THE
PROPOSED "MINNIE'S BQ", CONSISTING OF THE CONVERSION OF AN EXISTING
STRUCTURE TO A RESTAURANT -TYPE OPERATION INCLUDING LANDSCAPING AND
PARKING LOT IMPROVEMENTS, ON A SITE ON THE SOUTHEAST SIDE OF ELMIRA
RD. (NYS RTE. 13) APPROXIMATELY 250 FEET SOUTHWEST OF ITS
INTERSECTION WITH SEVEN -MILE DRIVE, TOWN OF ITHACA TAX PARCEL NO,
6- 33- 2 -7.2, BUSINESS "C" DISTRICT. KEN BALDASSARRE,
OWNER /APPLICANT. (ADJOURNED FROM APRIL 16, 1991)
• Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Planning Board -7- June 4, 1991
At this
•
Board copies
for the
manufactured
Michigan.
#1•)
point, Mr. Baldassarre distributed to members of the
of material concerning the ventilation system proposed
chicken barbecue stand. The ventilation system is
by the Sturdi -Bilt Company located in Detroit,
(Ventilation System material attached hereto as Exhibit
A large map was appended to the bulletin board.
Chairperson Grigorov noted that the Board was looking for
information on the adequacy, reliability, and operational mechanisms
of the hood system, particularly with respect to the removal of the
odor of smoke and the like, how long it lasts, what kind of cleaning
operations are needed, and what kind of maintenance operations are
needed to maintain it
Hoyt Benjamin, of the B &W Restaurant Supply, approached the Board
and offered that he was open to questions about the ventilation
system.
Attorney Barney wondered what one would smell after the system is
turned on. Mr. Benjamin responded that the system is not a
mechanical process for removing an odor, commenting that, in his
information, there is'not any kind of that equipment being used;
generally, it is not available and if it were available it would be
extremely expensive. Attorney Barney asked if one could smell the
• same odor outside as they would inside. Mr. Benjamin said that that
was a pretty fair statement. Mr. Benjamin said that the system
contains the emissions as they are coming off the equipment. Mr.
Benjamin noted that, typically, this stuff is designed for the inside
of a building to safely conduct the grease -laden air from the inside,
remove the grease and get the air outside, adding that that is the
entire principal of a restaurant exhaust system. Mr. Benjamin stated
that the primary concern of any restaurant exhaust system is that it
be fire safe. Mr. Benjamin said that the baffle filters that come
with the hood are designed to quickly accumulate any grease that goes
up with the heated air, adding, the grease accumulates on the baffle
filters that rest at an angle in the back of the hood; the air passes
through them and little particles of grease are trapped on the
filters, and the air moving through the system is always somewhere
between 2000 -3000. Mr. Benjamin stated that that temperature is hot
enough to keep the grease in a liquid state; in a liquid state it
follows the filter back down into the collection trough and into a
cup for disposal; this has to be cleaned at regular intervals,
depending on what is being cooked and how fast it gets greasy. Mr.
Benjamin said that it does not take smoke out per se. Mr. Benjamin
stated that he did not know of any restaurant in Ithaca, including
the big dining halls at Cornell University, where there is anything
other than this type of system; this is what is designed for
commercial restaurant use. Mr. Benjamin stated that this system
would meet the Town Fire code, Building codes, and Health Dept.
• codes, adding that it has all the approvals that are necessary from
the various State and Federal agencies for this kind of equipment for
this kind of application. Mr. Benjamin said that, beyond the very
Planning Board -8- June 4, 1991
• simple principles involved in this, one would be looking for
something that is not commercially available, not commercially used,
and that the codes are not written for, commenting that the codes are
more specific about fire problems than anything.
Board Member Bob Kenerson asked about the anticipated height.
Mr. Benjamin replied that, to meet the code, it would be 40" over the
level of the roof.
Chairperson Grigorov wondered if the charcoal filters were a
different system. Mr. Baldassarre responded that he wanted to get
the best system available and this is what Mr. Benjamin recommended.
Chairperson Grigorov wondered if the drainage system information was
in. Assistant Town Planner George Frantz responded that the drainage
is shown on the site plan. Mr. Frantz said that the parking lot
would be gravel. Mr. Frantz said that he did not see drainage as
being any problem as a result of this proposal. Chairperson
Grigorov, referring to the landscaping, noted that there are a couple
of areas of lawn, a parking area in the back, lighting inside the
building. Ms. Langhans wondered where the parking was located that
is not to be permitted. Mr. Baldassarre replied that there would be
no parking in the front; there will only be parking on the side and
in the back. Chairperson Grigorov said that the main difficulties
were with the smoke and the odor.
Chairperson Grigorov noted that this was a
• asked if there were anyone from the public who
questions.
Public Hearing and
had any comments or
George Sheldrake, of 713 and 715 Elmira Road approached the
Board. Mr. Sheldrake stated that he owns Earlybird Farm. Mr.
Sheldrake, directing his comment to Mr. Benjamin, wondered if he knew
of any restaurant in Ithaca that has a 30' by 4' charcoal grille.
Mr. Benjamin answered, no. Mr. Sheldrake was concerned about the
smoke. Mr. Sheldrake noted that Mr. Baldassarre would have a
sprinkler system, and asked what the plans were for water. Town
Engineer Dan Walker stated that the water will be coming to the
corner of the property that the subject building sits on; this will
be the last property that the end of the watermain will touch in the
first phase; the second phase will be in the next summer's (1992)
construction season. Mr. Walker said that there will not be water or
sewer out there until next summer (1992).
Mr. C. Gray, owner of the Grayhaven Motel on Elmira Road, spoke
from
the floor and
stated that he is the guy that
will get all
the
stink
from the smoke.
Mr. Gray, commenting on the
traffic, stated
that
there are no roads
on Elmira Road where there
is a turn -in
road
or a
turn -out road.
Mr. Gray wondered where Mr.
Baldassarre
was
going
to build. Mr.
Baldassarre said he plans no expansion;
he
will
be using
the existing
building. Mr. Gray mentioned
a, traffic
light
to control
traffic,
stating that there are accidents
on that
road
every week. Mr. Gray felt that this proposal should be held up at
least a year until' the Board finds out what is happening with the
4 -lane highway on Rte: 13. Mr. Frantz responded that there are no
E Planning Board -9- June 4, 1991
plans for any 4 -lane highway; the State plans are for improvements to
replace the bridges over the railroad tracks and Buttermilk Creek.
Eleanor
Sturgeon, of
718 Elmira Road,
approached the Board and
read aloud
the following
letter dated 6/4/91.
"To The Ithaca Town Board -
I am writing this in protest of the food establishment proposed
for my neighborhood.
It will cause traffic hazards on an already busy road, cars and
probably trucks will park on the road sides.
It is already difficult to enter and exit ones own driveway in
this neighborhood.
Besides the above mentioned problem, there are others variables
to consider, such as water and sewer.
Sincerely,
John Bargher
716 Elmira Road
Ithaca, NY"
• Ms. Sturgeon noted that Mr. Bargher has rented his home at 716
Elmira Road for 17 -20 years. Ms. Sturgeon mentioned the high density
in the area where the business is proposed. Ms. Sturgeon wondered if
the Health Dept. has looked at the sanitation aspect of the
proposal. Ms. Sturgeon stated that there are no parking spaces along
Elmira Road, and there is no safe turn -off. Ms. Sturgeon said that
the space they speak of as parking space is an old farm area which
might, or might not, take the weight of traffic in the changing
seasons of the year. Chairperson Grigorov responded that nothing can
happen without the Health Dept. approval. Ms. Sturgeon stated that
there is no sewage or water, and the risk of smoke to people who have
allergy problems, such as herself, will affect the neighborhood. Ms.
Sturgeon reiterated that the project is moving into a high- density
area for a halfway rural area; a high- density residential area.
Chairperson Grigorov interjected that it is a commercial zone. Ms.
Sturgeon said that it may be a commercial zone, but until just
recently it has been wholly residential. It was wholly residential
until the Veterinarian moved in, there were only two farm markets in
that area, commenting that it is an area that is probably 1/2 mile to
3/4 of a mile long. Ms. Sturgeon offered that there have been a lot
of accidents on Elmira Road, Ms. Sturgeon said that she keeps flares
in her home for when accidents happen on Elmira Road, commenting that
it is a dangerous area. Ms. Sturgeon stated that she felt it is not
a safe area for a restaurant, unless a traffic light is installed,
and more amenities of the City are offered. Ms. Sturgeon stated that
• she did not plan on the neighborhood changing, as she liked it the
way it was when she purchased her home; now people are buying land
with definite plans to change the neighborhood.
t Planning Board -10- June 4, 1991
• At this point, Chairperson Grigorov read into the record a letter
from Elsie McMillan.
"June 4, 1991
TO: Zoning Board
Town of Ithaca
FROM: Elsie McMillan
812 Elmira Road
Ithaca, NY 14850
I learned about the hearing tonight (from a neighbor) too late to
change plans and attend. The item of a proposed barbecue stand is
the one of particular concern. Although I, myself, would not be
likely to be affected by such a business at that location, I wish to
show support for my neighbors - and there are several households
who are sure to be affected. I strongly oppose the use of the stand
for a barbecue business unless the odor, smoke, and traffic caused
by it is kept to a level satisfactory to the close residents. After
all, they were there first! If permission is granted, with
restrictions, I hope provisions for enforcement of the restrictions
will also be provided 'for.
To be sure, the area is zoned for business, but there are many
business uses for the site that would not be opposed by those living
is nearby. Business zone or no, I believe the right of the residents to
an environment at least as wholesome and pleasant as it has been for
the past twenty or, thirty years should not be jeopardized for the
first business proposal that comes along. The owner of the barbecue
business will not be living there. Many long -time residents will.
Those are thoughts I would have expressed in person had I been able
to attend the hearing tonight.
At this point, George
following letter:
"Mr. and Mrs. Dane Cruz
713 Elmira Rd.
Ithaca, New York 14850
(607) 277 -0880
June 2, 1991
TO WHOM IT MAY CONCERN.
Elsie McMillan"
Sheldrake read into the record the
Due to a previous engagement my husband and I are unable to attend
tonights meeting to discuss the proposal of a barbeque drive -in near
our home on Elmira Rd. We live within 200 feet of the proposed site
and feel that we must state our position. A cooking establishment,
of any sort, this near to our home would be most bothersome. The
Planning Board
V.
-11-
June 4, 1991
&� smoke created by cooking would be in direct line with our open
•? windows and porch. My 85 year old father lives with us and my
concern entends to his health and comfort. It is impossible to
believe that this establishment could be accomplished without
.continual disruption and discomfort to our home.
It is therefore our request that that the proposal be denied. Thank
you for your consideration in this matter.
Sincerely,
Helen Littleton- Cruz"
Robert Miller, of 823 Elmira Road, spoke from the floor and
stated that he just heard about the proposal the other day, and
questioned the fact that, if this is a business zone, it does allow
the proposed operation. Chairperson Grigorov answered, yes, a
restaurant would be legal and no variances would be- necessary.
Harley Steffy appeared before the Board and stated that he was
representing Sybil Phillips, a homeowner on Elmira Road who is a
stone's throw away from the proposed project. Mr. Steffy stated that
Sybil is allergic to smoke, and this would be an extreme hardship on
her. Mr. Steffy, referring to grease, wondered what percentage of it
the filtering system removed from the air. Mr.- Benjamin replied that
he did not have it on the tip of his finger, but it is certainly not
• 1000, but probably it would be 50% to 60 %. Mr. Steffy wondered how
far the prevailing winds would drift the remaining grease. Mr.
Benjamin responded that he did not know. Mr. Steffy felt that it
would be at least the distance that a stone could be thrown. Mr.
Benjamin stated that Mr. Steffy's concerns about the smoke, grease
and the odor, are best understood by looking at other establishments
that have fairly sizable cooking areas and look to see what comes out
of their exhausts. Mr. Benjamin stated that the NFPA Fire Codes have
to be followed when being involved with restaurants. Mr. Steffy said
that he thought any restaurant is a fire hazard. Mr. Steffy stated
that he felt the proposed project would cause undue hardship on all
the people that reside in that area.
Town Planner Floyd Forman, directing his question to Mr.
Baldassarre, asked Mr. Baldassarre to go over traffic numbers that he
expected to generate being open on weekends. Mr. Baldassarre
responded that he predicts the average person would pick up 2,3, or 4
chicken halves. Mr. Forman noted that there could be an average of
300 people, and most of those people would come in between 12 :00 noon
to 2:00 P.M. Mr. Forman wondered, picking a peak hour of 12:00 noon
to 1:00 P.M., how much traffic would the applicant expect to generate
in that peak hour. Mr. Baldassarre responded that he could not
honestly say; he did not know. Mr. Forman, pointing to the map, said
that people would be driving down "here ", turning across traffic and
into the chicken stand for lunch, then heading back out "here ", again
cutting across traffic, then back down to the State Park, Mr.
Baldassarre said that not everyone would be going to the Park. Mr.
Forman said that he understood that, but part of the draw in the
1
Planning Board -12- June 4 , 1991
summertime would be that the stand would be open on Saturday and
Sunday. Mr. Forman said that when trip generation is figured, the
number is doubled, so when the number is 300 people that would be 600
trips; meaning one trip in and one trip out. Mr. Forman wondered if
he was being fair in stating that much of the business would take
place between 11 :00 A.M. - 12 :00 noon and 5 :00 P.M. - 6 : 00 P.M. Mr.
Baldassarre said that is right. Mr. Forman wondered if a tractor
trailer could pull into the stand, swing around, and pull back out.
Mr. Baldassarre indicated on the map how the tractor trailer could
maneuver. Assistant Town Planner said that the amount of traffic
added to Elmira Road probably may not be a lot, the problem is in the
turns. Mr. Forman stated that Othat was the point he was trying to
make. Mr. Forman said that it wasn' t so much the traffic numbers
that were at all disturbing, it was just the cutting across traffic
that raised an issue that should be dealt with by the Board.
Dooley Kiefer, member of the conservation Advisory Council,
stated that the sight distance at that location is not very good,
commenting that she felt that a business that generates less traffic
might be appropriate for that site, and not a business that generates
lots of traffic. Ms . Kiefer wondered if the Planning Board had it in
their discretion to deny certain types of business in a commercial
zone. Chairperson Grigorov responded with, not arbitrarily, no.
There appearing to be no one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
and brought the matter back to the Board for discussion.
Virginia Langhans asked Mr. Baldassarre what he is going to do
about water. Mr. Baldassarre responded that he would have a 1000
gallon underground water tank and have water delivered to the site.
Ms . Langhans wondered if that would be enough water for a sprinkler
system. Mr. Baldassarre answered, yes, there would be enough
pressure. Dan Walker said that the Town Zoning Officer Andrew Frost
would be looking at that from a fire standpoint.
Chairperson Grigorov stated that the problems facing the Board
are the odors and the traffic . Mr. Baldassarre said that he would be
open Friday, although not every Friday, probably just July and
August. The applicant noted that he would be open Saturday and
Sunday and holidays. The applicant said he would not operate the
stand during the week. Mr. Baldassarre stated that he had originally
asked for 85-90 days out of the year.
William Lesser wondered if the Town planners could give the Board
some idea of the traffic impact, especially on the weekends. Mr.
Lesser said that he felt the traffic pattern during the week was
somewhat predictable, but the weekend traffic should be researched.
Assistant Town Planner George Frantz said that he does not have any
weekend traffic data for Elmira Road, but during the weekday the
average daily volume is in the range of 13,000 to 14,000 vehicles per
day. Mr. Frantz said that the weekend traffic is probably higher
than the average road simply because of the presence of the State
7
•
•
•
Planning Board
Parks. Ms. Langhans
into the City of Ithaca.
-13-
June 4, 1991
said that Elmira Road is one of the entrances
Town Engineer Dan Walker said that one aspect of traffic is that
right now there is Earlybird Farms, the Veterinarian, and the three
motels which are all within about a mile, plus the Eddydale Farm
Market which is about 1/2 mile down, plus a fair amount of traffic
that comes out of Seven Mile Drive, the Town Highway Garage is on
Seven Mile Drive, the County Highway Garage is on Bostwick Road, and
any County traffic that is going south would take that road, adding
that there is a significant traffic problem there right now. Mr.
Walker said that it is a "congested" problem and the Town Highway
Department usually responds, if there is anyone there, to assist with
traffic control immediately. Mr. Walker noted that the amount of
traffic the proposed establishment might generate is probably
comparable to what happens at the farm markets during the Spring busy
season. Mr. Walker mentioned the Veterinarian's Office in that there
have been traffic problems there because there is very poor sight
distance from the driveway right across the street. Mr. Walker said
that the proposed establishment may increase the problem by 100, but
there would have to be a pretty in -depth study really to determine
how much worse this makes the problem. Mr. Kenerson mentioned
Stellar Stereo, Mr. Walker responded that they are fairly low
volume. Mr. Walker stated that he is concerned about traffic in that
area because the Town enters and exits Seven Mile Drive with slow
moving vehicles in that area, especially in the summertime, adding
that the Town has been talking with the State to solve that problem.
Assistant Town Planner George Frantz stated that he checked the
sight distance regarding the proposed chicken stand and noted that
the shortest sight distance is to the south, toward Elmira, and it
was somewhere between 400' to 5001. Chairperson Grigorov wondered
what was considered okay for the 50 mph speed limit. Mr. Frantz
responded that it is within the range. Mr. Frantz reported that the
sight distance to the north is 1000' or more. Board Member William
Lesser wondered if, this matter aside, it is possible, if the Board
agrees, to ask that some kind of traffic study be done, because this
sort of request is coming up more and more frequently, and there is
not a lot of traffic information to work from in making a judgement.
A voice wondered what kind of traffic study. Mr. Lesser responded,
for one thing, weekend traffic is being discussed. Ms. Sturgeon said
that Saturday traffic is horrendous, and Sunday, from about 11:00
a.m. until the State Parks close is also horrendous. Mr. Frantz,
answering Mr. Lesser's comment about a traffic study, stated that one
option the Board has is to make a Positive Determination of
Environmental Significance based on potential adverse impacts of
traffic, then direct the applicant to look into a potential impact of
traffic, including what the traffic volumes are, by the hour, on the
weekends, and what would be the lefthand turns into the site, along
with the righthand turns, then come back to the Board with that
information. Board Member Stephen Smith stated that that would be
rather difficult. Mr. Frantz also mentioned adding any other
potentially large impacts. Chairperson Grigorov stated that the
other problem, of course, is the odor.
Planning Board -14- June 4, 1991
l]
• At this point, Chairperson Grigorov referred to Mr. Frantz's
Planning Board meeting notes 6/4/91 on Minnie's BQ, which are
attached hereto as Exhibit #2•
•
•
Chairperson Grigorov wondered - when the winds are prevailing
winds, does that mean the direction the wind is blowing. Mr. Frantz
replied, yes.
Mr. Lesser wondered if anyone was familiar with an operation such
as the one proposed here looks like with fans, commenting that
everyone is familiar with McDonald's and Mano's type operation.
Chairperson Grigorov stated that the proposed stand will be open on
one side. Mr. Lesser stated that it was hard for him to envision
what an open barbecue pit would be like, and if it would be a major
problem or no problem at all with the smoke. Mr. Lesser wondered if
there was anything in the area at all like the proposed stand. Mr.
Baldassarre replied, no, there are other barbecue pits around, but
none that look like the proposed one, the others are all open, adding
that his stand would be closed on three sides. Mr. Frantz,
commenting on the odor problem, stated that it happens in all
restaurants; on a warm day especially, one can be driving down
Spencer Road which is directly behind Elmira Road, and smell the
odors from the restaurants along Elmira Road. Mr. Frantz stated that
odors are very common in areas where there are restaurants, and,
frankly, he did not know how one can eliminate odors. Mr. Lesser
stated that he did not think the odor can be eliminated, but it is
just hard to visualize because most restaurants do not have a 30 -foot
charcoal pit. Mr. Baldassarre said that he would not always be using
a 30 -foot charcoal pit, he would start out with a 20 -foot charcoal
pit.
Virginia Langhans offered that the problem is that even though
the site is zoned commercial, a restaurant is being constructed in a
residential area. Mr. Smith asked Mr. Baldassarre how much of a
savings he envisions by using the existing structure. Mr. Smith
asked Mr. Baldassarre how valuable the structure was to him, because
it seems like a fair amount of work would have to be done to it. Mr.
Smith wondered if it would be better to put a new structure there.
Mr. Baldassarre stated that he did not think so.
Stephen Smith mentioned strip development. Mr. Lesser stated
that he is hesitant to support something when there is potential of a
traffic matter, which he, personally, has no real knowledge of,
except for the personal experience of driving through there sometimes
on summer weekends. Mr. Lesser said that he is reluctant to commit
the community, and certainly the people who use that road and live
there, to something like the proposed use that may be appropriate and
it may not; he really did not know. Chairperson Grigorov stated that
the problem is that it is a legal use for this area so that makes it
a little bit different than if it were something that needed a
variance.
Board Member Judith Aronson, commenting on the suggestion Mr.
Frantz made, asked if we could have a Positive Determination rather
Planning Board -15- June 4, 1991
than a Negative one, because most of what has been addressed falls
within the environmental area, whether it is traffic, odors, or
safety. Mr. Lesser wondered about a traffic study, and if it would
necessarily be revealing, and to put the applicant to the delay and
expense of a fairly thorough traffic study for summer weekends, would
the Board likely be'in a position where they would be able to make a
substantially better decision at that point than they could have.
Ms. Langhans noted that the Board would have to wait for the summer
weekend. Mr. Frantz stated that the Board would be in a positon,
based on the information available in the traffic study to: Number
One, identify whether or not there are any problems from the
development, then if there are no problems identified in a more
detailed traffic study, then fine, go ahead and approve the project
based on that additional knowledge that the Board has, adding, on the
other hand, if the report study does identify problems then the Board
has something to refer to in mandating mitigating measures to the
applicant. A voice wondered how many measures could possibly be
mandated. Mr. Frantz responded, lefthand turn lanes and stuff like
that. Chairperson Grigorov wondered if there were any mitigating
measures for the traffic. Mr. Frantz responded, yes, there are a
number of design measures that could be incorporated any time, if
needed. Chairperson Grigorov said she did not mean anything on the
road, but wondered if there was anything the applicant could do on
his site. Ms. Langhans stated that a traffic lane would still have
to be crossed. Town Engineer Dan Walker stated that he thought a
traffic study would show something that is already pretty much common
• knowledge among the State Transportation Planners, that, regarding
the capacity of Elmira Road as a major thoroughfare and as a local
road, those two uses are in conflict just based on existing usage
there now, i.e., the existing turning movements. Mr. Walker said
that at least a three lane road would probably be a suggestion from
the State Traffic Engineers to mitigate existing problems on the road
now with the existing commercial and motel uses in that area, along
with the turning movements, adding that just Seven Mile Drive alone,
and Five Mile Drive farther down the line, are both problem
intersections. Mr. Walker said that one design the State was trying
to push through involves a four -lane bridge and a four -lane roadway,
but there is a major funding problem., and that is why there is not a
four -lane road there now. Mr. Walker offered that at one point the
State was planning on the roadway construction all the way out to
Shady Corners, but that project has been pulled back. Mr. Walker
stated that a traffic study would show what is already known.
Virginia Langhans agreed with Mr. Walker. Mr. Lesser wondered, from
a traffic study, would it be possible, looking at those numbers, to
substantiate a problem. Mr. Lesser wondered if there was a
significant problem there at this time. Mr. Walker responded with,
yes, one is going to see a problem with turning movements off that,
and that could be proven by the problems with turning movements onto
the existing facilities that are on the other side of the road now.
Chairperson Grigorov wondered if there was a way to prove there
is not a problem. Mr. Walker said that a traffic study can be done
and prove that no one!has any trouble turning and the traffic does
not back up, and there are never any accidents, but a study like that
Planning Board -16- June 4, 1991
would be questioned. Mr. Walker stated that in his professional
• opinion there is a traffic problem out there. Mr. Lesser, directing
his question to Mr. Walker, wondered if, in his professional opinion,
would this proposal, as the Board understands it, exacerbate that
problem notably? Mr. Walker responded that Mr. Lesser's question was
very subjective. Mr. Walker replied that, if there are existing
traffic problems out there, it could be shown how traffic backs up,
how people go around on the shoulders, and the evidence of the
shoulders breaking down. Mr. Walker stated that he has observed,
informally, that a study would come up with an answer that there is a
traffic problem with additional turning movements out there; it is
creating additional traffic congestion problems there. Mr. Walker
noted that it is a 50 mph zone, but everbody drives 65 mph.
Chairperson Grigorov wondered if traffic would prevent someone
from putting a business on Elmira Road. Mr. Walker responded that
the traffic is why someone would want to put a business there. Town
Planner Floyd Forman stated that what Mr. Baldassarre is proposing is
probably the most intensive use, adding, in order to make a go of the
business he is going to have to sell an awful lot of chicken. Mr.
Forman cited a car dealership, for example, where a few people are
coming in and buying a large object, but Mr. Baldassarre has to sell
an awful lot of small inexpensive items in order to survive, and they
are doing it rather quickly to come in and out. Mr. Forman offered
that it is the number of people that have to make those movements in
and out of traffic; it's one thing again, a car dealership or a large
• object
where a few people are going to
come in, and if
ten
cars are
sold
a week the dealership is
probably doing
okay,
but Mr.
Baldassarre,
as he put it, has to sell
500 -700 chickens
per
day on a
weekend
in order to make a go of it,
so there are a
large
number of
people
making those turning movements.
Mr. Lesser
noted
that any
sales
are concentrated within just a small
portion of
those
days.
Alfred Eddy,
of,Eddydale Farm Market,
offered
that sometimes one
car will
purchase
20 chickens. Mr. Eddy
commented
that the least
traffic
on Elmira
Road is Sunday morning.
Mr. Eddy
commented that no
one has
made the
Seven Mile Drive turn as
much as he
has in the last
25 years,
he goes
home that way.
Virginia Langhans stated that it sounds as though it is going to
be difficult. Mr. Lesser stated that it sounds to him that some
traffic information is needed, but he did not know if the applicant
wants to go to that trouble and expense. Chairperson Grigorov stated
that she does not want the Board to just use that as a cop -out. Mr.
Lesser said that is not a cop -out if the Board asks for it.
Chairperson Grigorov stated that it should really be considered
whether it is worthwhile.
Judith Aronson wondered if it was being suggested, in the absence
of a Positive Determination, that the Board really has no
alternative. Chairperson Grigorov responded, no, she was not
• suggesting that. Robert Kenerson stated that it did not sound as
though things were going any place.
Planning Board -17- June 4, 1991
• Mr. Kenerson MOVED that the application be denied.
Chairperson Grigorov stated there really has to be some good
grounds. Attorney Barney stated that if it is going to be denied
SEQR does not have to be dealt with. Mr. Kenerson stated that, even
though it complies, it is not, apparently, going to be a satisfactory
use, such as: safety use, disturbance in the neighborhood, we have
said it all. Chairperson Grigorov stated that it has to be very
specific because this is a legal use. Mr. Kenerson stated, yes, it
is a legal use, but the way the legal use that is being applied here
is with the increased traffic loads and the impact on traffic, and
the impact on the neighborhood from odors and grease, etc.
Attorney Barney summarized what was said, indicating as follows. 0
first, upon the finding that the traffic turning moments here of this
particular use which would involve a considerable amount of traffic
to sell the volume of the product that is being sought here would
create a significant traffic hazard on Route 13, and second, that the
use of the fans does not eliminate the odors and the odors would
constitute a significant deleterious impact on the people in the
surrounding vicinity,: and third, that it is not really possible to
design a site here that would accommodate the turning movements of
the cars in such a way that it could be done safely.
Attorney Barney suggested that these could be findings, and if
the Board approved of!'them the Board would be suggesting or moving a
denial of the site plan approval. Mr. Kenerson agreed with Attorney
• Barney._
Chairperson Grigorov noted that there had been a motion made, and
wondered if anyone wanted to second the motion.
Judith Aronson SECONDED the motion.
Mr. Lesser wondered if the Board was vulnerable on the traffic
for making a finding with no specific data. Attorney Barney stated
that he thought the; Town Engineer had indicated that there is a
significant problem there already, and there has also been testimony
from a number of People in the audience. Stephen Smith wondered if
the absence of water ,and sewer would have any bearing on this?
Attorney Barney stated that that would be another finding and
probably should be included because, at present, there is no public
water and public sewer. Chairperson Grigorov asked if there was any
further discussion. Chairperson Grigorov asked for those in favor of
denying approval. Chairperson Grigorov asked that all those in favor
of denying approval do so and signify aloud by saying Aye.
Chairperson Grigorov noted that no one opposed and there were no
abstentions. Chairperson Grigorov stated that the motion was carried
unanimously.
Mr. Baldassarre asked if he would receive a copy of the denial in
the mail. Chairperson Grigorov answered, yes. Stephen Smith
• apologized for the matter taking so long.
The following resolution was adopted by the Planning Board.
Planning Board -18- June 4, 1991
• RESOLVED, that, in the matter of the Consideration of Site Plan
Approval for the proposed "Minnie's BQ ", consisting of the conversion
of an existing structure to a restaurant -type operation including
landscaping and parking lot improvements, on a site on the southeast
side of Elmira Road (NYS Rte. 13) approximately 250 feet southwest of
its intersection with seven Mile Drive, Town of Ithaca Tax Parcel No.
6- 33- 2 -7.2, Business "C" District, the Town of Ithaca Planning Board
deny and hereby does deny the requested Site Plan Approval upon the
following findings,
1e that the 600 -plus daily traffic turning movements required to
sell the volume of product needed, according to the applicant, to
make the operation feasible would involve a considerable amount
of traffic and would increase dramatically an already hazardous
and over - burdened situation on NYS 13 at the proposed site;
2* that using the fans proposed would not eliminate the odors, and
those odors would constitute a significant deleterious impact on
the people in to surrounding vicinity;
3* that it is not really possible to design a site that would
accommodate the turning movements of the cars in such a way that
they could be done safelty without significantly altering the
highway itself which cannot be done without the State designing
and agreeing to such alterations, and
• 4. that, at present, there is neither public water nor public sewer
available.
(Roll call vote: Aye - Aronson, Baker, Kenerson, Langhans,
Lesser, Smith, Grigorov. Nay - None.)
Chairperson Grigorov
declared
the matter of
the Consideration of
Site Plan Approval for the
proposed
"Minnie's BQ ",
duly closed.
PUBLIC HEARING: CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR THE
PROPOSED EXPANSION AND RENOVATION OF HASBROUCK APARTMENTS, CORNELL
UNIVERSITY, LOCATED ON PLEASANT GROVE ROAD, TOWN OF ITHACA TAX
PARCELS NO. 6- 67 -1 -2.1 AND 6 -68 -1 -10.1, MULTIPLE RESIDENCE
DISTRICT. CORNELL UNIVERSITY, OWNER; ALBERT WRIGHT, AGENT,
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Maps were appended to the bulletin board.
Mr. Albert Wright, Architect /Project Manager, from Cornell
University addressed' "the Board and stated that Cornell was before the
Board for final site plan approval. Mr. Wright said that the Zoning
Board of Appeals had granted Cornell the requested variances on
• Wednesday, May 22, 1991. Mr. Wright mentioned that the variances
were. one, allowed to reduce the number of parking spaces by 60; two,
for the site plan to vary from the required separation between
Planning Board -19- June 4, 1991
• buildings, and,
would receive a
Mr. Wright
approval on th
appended site pl
three, for half of the buildings, 14 buildings, that
third floor, to be 36 feet tall.
stated that Cornell needs the Planning Board's
e design of the reduced parking, adding that the
an illustrates the proposal for that.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone from the public had any comments or questions.
Doug Brittain, of 135 Warren Road, spoke from the floor and
expressed his displeasure about the project. Mr. Brittain stated
that his whole point was that he felt it fairly important that
Cornell keep to the process the Planning Board outlined for them.
Mr. Brittain is concerned that the process be done correctly. Mr.
Brittain was concerned about the view.
Mr. Lesser wondered if moving the three story houses farther west
would change the situation, and, secondly, wondered about the pines
along Warren Road obliterating the horizon view. Mr. Brittain said
that if the pines grow six inches a year and they have to obliterate
a 37' building it is quite a few years. Mr. Brittain said that the
Cornell Golf Course put in some trees but one can still see Hasbrouck
in spite of all the trees. Mr. Brittain is concerned about the
height of the building.
• Larry Fabbroni, of 127 Warren Road, approached the Board and
stated that he has about 287' of frontage on Warren Road. Mr.
Fabbroni stated that, from his front porch, he enjoys the best view
of Hasbrouck. Mr. Fabbroni stated that he is in favor of the
improvement being proposed for the complex. Mr. Fabbroni said that
he has lived at his present address for 13 years, and when he looks
at Hasbrouck it reminds him of some WWII barracks he visited friends
at when they were stationed at different bases, and he thinks the
esthetics that are proposed for this project are great, including the
two buildings that he ''can see the best from his front porch. Mr.
Fabbroni stated that his view is unobstructed and is likely to be for
a long time. Mr. Fabbroni stated that he would still be able to see
enough of the West Hill horizon to satisfy him, even after the
buildings are raised., Mr. Fabbroni said that there is probably a
foot or two difference in the other buildings that are going to go up
to three stories, so the whole issue of whether these two buildings
are going to make a radical difference in terms of what one looks at,
he does not think it will. Mr. Fabbroni stated that the other point
he wants to make is that, as he looks at the panorama out of his
front view, Hasbrouck is a small part of it. Mr. Fabbroni said that
his final point is that there are many homes in the community with
peaked roofs.
Bruce Brittain, of 135 Warren Road, addressed the Board and
stated that Dooley Kiefer of the Conservation Adivsory Council had
• asked him to reiterate to the Planning Board the CAC concerns: water
and sewer provision, traffic impacts.
' Planning Board -20- June 4, 1991
John Gutenberger, of 110 Eastwood Terrace, appeared before the
Board and stated that the University had hosted a public meeting
regarding Hasbrouck in January 1991. Mr. Gutenberger said that there
was a small attendance at the January meeting, and the residents that
were there had requested two things: pitched roofs, and to have the
additions to the buildings set back away from Pleasant Grove Road.
Mr. Gutenberger commented that the plans before the Board tonight and
the previous plans were not exactly boxing the University in; they
were in response to the neighborhood concerns that were raised back
in January to move those buildings back from the road and to have the
pitched roofs to blend in better with the neighborhood.
Doug Brittain, of 135 Warren Road, again approached the Board and
stated that he was in'attendance at the January 1991 meeting and he
had heard different stuff than Mr. Fabbroni mentioned. Mr. Brittain
stated that he had asked about the height of the roof at the January
meeting. Mr. Brittain commented that he was told it was 37 feet,
adding that he commented that the Town had a 30 -foot height law, and
someone responded, yes, but they were told it doesn't matter. Mr.
Wright stated that Cornell did meet, on at least three occasions,
with the Town planning staff, adding that Cornell was encouraged to
proceed with the design as Cornell had conceptualized it, with the
pitched roofs, because staff had felt it was very much in keeping
with the residential neighborhood.
There appearing to be no one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
and brought the matter back to the Board for discussion.
Stephen Smith stated that his original objection was that the
variance over the 30 -foot height limitation was being asked mainly
for esthetic reasons; it was not necessarily because of the view
blockage, because one is gaining very little by moving it down the
hill and the design is being ruined. Mr. Smith stated that, if the
Zoning Board of Appeals has no problem by granting a variance based
solely on esthetics ... Attorney Egan, from Cornell, interjected
that there are extremely impractical reasons from the point of view
of the engineering design of the truss.
Ms. Langhans stated that Ithaca is unique in that it has views,
and one should try and protect the views. Ms. Langhans commented
that she did not know; just by lowering the two buildings, whether it
would help the view. Ms. Langhans noted that she was disappointed
that Cornell did not set up the balloons. Mr. Lesser said that the
basic decision has been made, and given the essentials that have been
granted, and the preliminary site approval, it seemed to him that it
makes sense to place the tall buildings toward the back of the
development as shown on the plan. Chairperson Grigorov wondered if
one thought the two to four feet would make the difference between
seeing the skyline and not seeing it, adding that, to her that is the
question. Ms. Aronson wondered if that had to be weighed against the
• appearance of the project itself, if there are some of the three
story buildings in the back, and then two up front. Ms. Aronson
stated that one has to also consider the integrity of the overall
Planning Board -21- June 4, 1991
design for a gain
that is
so minimal. Ms. Aronson stated that,
at
this point, she would
•
tend to
be more persuaded by
two things:
the
integrity of the design,
and
the well -being of the
people who live
in
the community.
as part of the
_o final approval
tonight, and the other
issue he saw
Ms. Langhans stated
that
she felt it should be
noted that
the
construction trailer
arrived
as of yesterday, June 3,
19919
Mr. Kenerson
wondered about the prior
approval of
Building No. 41
and Building No.
43 and whether they will
continue to
be part of the
final site plan
approval. Attorney Barney
said that
a determination
has to be made on
which buildings will be
three story
as part of the
_o final approval
tonight, and the other
issue he saw
was a question
about the herbicides
and pesticides.
Mr. Lesser wondered if moving the taller buildings farther away
from Warren Road would have any impact at all on the view of the
horizon. Assistant Town Planner George Frantz responded that he
thought it would be very very minimal.
Chairperson Grigorov wondered about the parking. Mr. Wright,
indicating on the map, stated that parallel parking would be "here"
and "here ". Mr. Frantz noted that he thought it wise to minimize, as
much as possible, the parking on the horseshoe portion of the project
because that is where much of the traffic is concentrated.
There appearing to be no further discussion or comments from the
• Board, Chairperson Grigorov asked if anyone were prepared to offer a
motion.
MOTION by Dr. William Lesser, seconded by Mr. Robert Keneson:
WHEREAS:
1. This action is the Consideration of Final Site Plan Approval for
the proposed expansion and renovation of Hasbrouck Apartments,
Cornell University, located on Pleasant Grove Road, Town of
Ithaca Tax Parcels No. 6- 67 -1 -2.1 and 6 -68 -1 -10.1, Multiple
Residence District. Said expansion is proposed to consist of the
addition of 92 living units to the site by the addition of a
third floor to several existing buildings, additional parking
spaces, and landscape improvements.
2. This is a Type I action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review for site
plan approval considerations, has, on March 19, 1991, made a
negative determination of environmental significance.
3. The Planning Board, at Public Hearing on March 19, 1991 and May
71 1991, has reviewed the Long Environmental Assessment Form, an
environmental assessment prepared by the Town Planning
Department, the comments of the Environmental Review Committee of
the Town of Ithaca Conservation Advisory Council, a site plan
entitled "Hasbrouck Apartments, Cornell University ", prepared by
Planning Board -22- June 4 , 1991
the LA Group Landscape Architecture and Engineering, P.C. and
Einhorn Yaffee Prescott Architecture and Engineering, P.C. , dated
February 28, 1991, two colored renderings representing buildings
for which height and distance variances are required, and other
application materials for this submission.
4 . The Planning Board, at Public Hearing on May 7 , 1991, granted
Preliminary Site Plan Approval, subject to conditions, for this
proposal .
THEREFORE, IT IS RESOLVED:
That the Planning Board grant and hereby does grant Final Site
Plan Approval to the site plan entitled "Hasbrouck Apartments,
Cornell University" , prepared by the LA Group Landscape Architecture
and Engineering, P.C. and Einhorn Yaffee Prescott Architecture and
Engineering, P.C. , dated February 28, 1991 and revised May 13, 1991,
including specifically the three-story construction proposed for
buildings #41 and #43, subject to the following conditions :
1 . Prior to the issuance of certificates of occupancy for more than
246 dwelling units, arrangements being made, satisfactory to the
Town Board and the Town Engineer, to provide for such additional
public sewer infrastructure as may be necessary to handle
increased loading resulting from the proposed expansion, or
provision of alternative means, acceptable to the Town Board and
the Town Engineer and the Tompkins County Department of Health,
of handling any such additional loading, it being understood by
the applicant that the granting of this Final Site Plan Approval
in no way guarantees that such infrastructure will be available
at any time in the future,
2 . Prior to the issuance of certificates of occupancy for any
third-floor dwelling units, arrangements being made, satisfactory
to the Town Board and the Town Engineer, to provide for such
additional water infrastructure as may be necessary to provide
adequate service to the site, it being understood by the
applicant that the granting of this Final site Plan Approval in
no way guarantees that such infrastructure will be available at
any time in the future.
3 . Approval, by the Town Engineer prior to the issuance of any
building permits, of final drainage plans and soil erosion
control plans for both during and after construction.
AND, IT IS FURTHER RESOLVED:
That the Planning Board approves the manner of using herbicides
and pesticides, as set forth in the letter of May 22, 1991 from Mr.
Dennis B. Osika of the Cornell University Grounds Department, and in
the pamphlet submitted with such letter.
There being no further discussion, the Chair called for a vote.
Planning Board -23- June 4, 1991
r.
• Aye - Grigorov,
Nay - Langhans.
•
•
Kenerson, Baker, Lesser, Smith, Aronson.
The MOTION was declared to be carried.
Chairperson Grigorov declared the matter of the Consideration of
Final Site Plan Approval for the expansion and renovation of
Hasbrouck Apartments, Cornell University, duly closed.
AGENDA ITEM. CONTINUE CONSIDERATION OF PROPOSED SCOPE FOR CORNELL
UNIVERSITY GENERIC ENVIRONMENTAL IMPACT STATEMENT,
Mr. Lesser suggested that further consideration of the Cornell
University G /EIS be postponed to a later date. Mr. Lesser stated
that he felt the evening was too advanced to give sufficient
attention to the matter. Mr. Frantz responded that it is an
extremely important decision, but it was up to the Board.
Chairperson Grigorov offered that it should be discussed since it is
on the agenda and somebody has come to talk about it. Mr. Lesser
agreed with Chairperson Grigorov in that the matter should be
discussed. Chairperson Grigorov said that a decision would not be
made tonight.
Chairperson Grigorov noted that this issue is not actually a
public hearing, but if anyone would like to speak, please come to the
microphone. John Gutenberger, of Cornell University, stated that it
would be helpful, and it should be noted, if there are additional
items that the Board would like the University to look at. Mr.
Gutenberger stated that the Board should at least give Cornell an
indication of where they think the proposed Draft Scope for the
Cornell University G /EIS now stands. Chairperson Grigorov wondered
if the public had seen the latest draft, because Bruce Brittain's
comments obviously apply to the previous one, and many of his
comments are incorporated into the new one. Mr. Frantz distributed
copies of the revised Draft Scope, attached hereto as Exhibit #3.
Ms. Aronson suggested that the discussion would be much more
fruitful if the public that submitted comments had an opportunity to
read the most recent document.
Mr. Lesser wondered about the legal status of the decision that
the Board makes -- does it mean that after the scope has been
adopted the Board cannot, in the future, request an inclusion of any
other topics that are not listed? Attorney Barney responded that
once a Scope is adopted it is a guideline; as additional material
comes forward the Board can request that the Scope be altered in some
fashion to deal with that information. Attorney Barney stated that,
if the Board is going to defer the consideration and provide copies
to the public, he would suggest that the Board might want to request
of the public that if they have any comments they be submitted in
writing, perhaps a week or so in advance of the scheduled meeting, so
that the meeting would be productive.
Planning Board -24- June 4, 1991
Town Engineer Dan Walker
the proposed scope and forward
of this week, or by the first
him to touch base with Cornell
noted that the deadline of
public.
suggested to the Board that they review
any written comments to him by the end
of next week, adding, this will enable
regarding the comments. Mr. Walker
written comments also pertains to the
It
was the
consensus of
the
Board that the above issue be placed
on the
Agenda
for the June
18,
1991 Planning Board Meeting.
Chairperson Grigorov declared the matter of the proposed scope
for the Cornell University G /EIS postponed to the June 18, 1991
Planning Board meeting.
AGENDA ITEM: CONSIDERATION OF RECOMMENDATION TO TOWN BOARD
REGARDING PROPOSED LOCAL LAW RELATING TO SITE PLAN APPLICATION
PROCEDURES,
Town Attorney Barney stated that this proposed local law is a
product of the Codes and ordinances Committee, adding that it is
largely self - explanatory, and it is designed to spell out a little
bit more clearly what needs to be presented by way of site plans for
preliminary and final site plan approval. Attorney Barney said that
the current Zoning Ordinance does not have stated a really
comprehensive set of criteria that the Planning Board should be using
when it is approving site plans. Attorney Barney stated that the
• Codes and Ordinances Committee is also working on a "Sunset Clause"
provision. The Board held a discussion on the "Sunset Clause"
provision.
There appearing to be no further discussion or comments from the
Board, Chairperson Grigorov asked if anyone were prepared to offer a
motion on Procedures for Site Plan Applications and Application of a
"Sunset Clause" Provision to Previously Approved Site Plans.
MOTION by Dr. William Lesser, seconded by Mr. James Baker.
RESOLVED, that the Town of Ithaca Planning Board recommend and
hereby does recommend to the Town Board the adoption of the proposed
Local Law Amending the Town of Ithaca Zoning Ordinance Relating to
Procedures for Site Plan Applications.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Langhans, Lesser, Smith, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously.
[The referenced proposed local law is attached hereto as Exhibit
#4.]
• MOTION by Dr. William Lesser, seconded by Mr. Robert Kenerson:
•
Planning Board -25- June 4, 1991
WHEREAS, the
Town Board the
of Ithaca Zoning
Applications, and
WHEREAS, the
plans;
Town of Ithaca Planning Board has recommended to the
adopition of the proposed Local Law Amending the Town
Ordinance Relating to Procedures for Site Plan
NOW, THEREFORE,
and hereby does r
Committee that said
Clause" provision,
3, of said proposed
Ordinance Relating
previously approved
Planning Board is aware of previously approved site
IT IS RESOLVED, that the Planning Board recommend
ecommend to the Town of Ithaca Codes and Ordinances
Committee consider the application of the "Sunset
as set forth in proposed Section 46 -d, paragraph
Local Law Amending the Town of Ithaca Zoning
to Procedures for Site Plan Applications, to
site plans.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Langhans, Lesser, Smith, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: OTHER BUSINESS
There was no
ADJOURNMENT
other business discussed.
Upon Motion, Chairperson Grigorov declared the June 4, 1991,
meeting of the Town,of Ithaca Planning Board duly adjourned at 11:30
p.m.
Respectfully submitted,
Mary Bryant, Recording Secretary,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
0-
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.1
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`VENTILATION PRODOC i'S' -
AVE, • DETROIT, MICH. 48438.1159 • i- 313.88 -9137 • �- 800 - 521.4895
DELUXE #96 CANOPIES
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`VENTILATION PRODOC i'S' -
AVE, • DETROIT, MICH. 48438.1159 • i- 313.88 -9137 • �- 800 - 521.4895
DELUXE #96 CANOPIES
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B & W SUPPLY
510 Third St,.
Ithaca, NY 14850
(607) 273 -5300
WIDTH —
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APPROVAL SHEET
IM0916WA�. DATA
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q D90seSt:RIiEs, BTAINLE8S STEEL When shows: Stu�dl -BMIt canopy constructed of all 18 gauge
itea , Al outside Joints continuous externally he larc welded and 'polished. All exposed sur-
tal: 'gal type 302 stainless steel;. 14 oil h, Beck getter speclally fabricated :to
ece vpp raese axtiactor type filters, and pitched o c rome p!ated g'rea'se drain with enclosed;
Ee 'I to nleii steel coved- grease cup of Ieai t. an; {2 gallon fapacity. ;24" �Igh !flat top'.,
de,!� gn o t1It I' ght.against:an 8ft;6" 8ft.9" high cal Ihg.. Include; a. full complement of:20'1
W :d lrliaantl lheavjr duty; •all stainless steel, duo- actlon; baffle type;' UL Listed grease
exkFAct`Fe and hanger straps; Provlslons,for.optlonal dhab ceiIling; by others: National Sancta-
tjon �olindailon Listed. Built to NFPA Bulletin 196 and t1j.IiI it BOCA requirements.
D9eG isE �ES. GALVANIZED STEEL: Sturdi -Bilt canopy 4onsEructe� of 'a11.16 gauge galvanize
i e6
All outside Joints .conilh6ous external yy he arc; wiled ed and polished.. All;eiiposed
e tq r, eng Interlor surfaces supplied wlth a whIte a ofyy Coatln'. Back gutter speclilly fah=
r c�� to va' grease extrictor, type filters, and p� H ed to c rome b] ated grease dralri w tli
:. •r. :' t' I ` r jmbleI; fta nless`stee cbved,grease cb of I s ha 1/2 gallon.capacit'. , 2„ �., { . es n to f t �Ight,aga nst an 80.611 . = 8 '911 h19'tet�ng::; �nctudes a lul l _ coinp�emen -
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deb h�ivy duty, allsta n cis 'steel, duo =ac ont ppff�e type; U�,Llsted grease,eztrstioi
an h IiII refi {}l Prov'sjons; o optional drop cell ing by o hers.• llatlonal Sanitation FoUnda =.
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tlonj tad; au t to NFPA Bulletin 196 and curren BOC� redly rements.
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VAP00 -1 0b (QNT `100 watt, 6111 NSF; and CSA Approved Incandescent flreguarll_ci': f .I- 9.t.ng
(,x tffe �j 11 heivy duty aluminum Junction box mounted oh xtbHoe of hood and removable) plastic.
coa ed; d_eer time glass globe Without wire guard .mounted 1h flood, not prewired to junctloh_ box::':
p:
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Fiete�i Fwtul�eo ...
• ECONOMICAL, loiglaslipQ galvanized sleel
•
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EASILY SOAI(FD, sprilyed pi washed
with mild soap fur cii.11l c �Ieallincj
I.
*'HEAVY GUAGE, Mot► corroding galvanized
construction
• UNDERWRITER'S laboratory tested and lisle d
• MEETS ALL recluilelnellts of
national fire prolochon associillienl
bulletin #96
l :11MVIDES POSITIVE FLAME
JIA'.I�I�IER: CONSTRUCTION, I'S PREVENT KITCIiEN
-II- L'S FROM ENTERING
A : FWORK AND BEYOND.
Grease -laden all is drawn into Ill f ille: by e%INILIC. st taxis. As
the air passers through Ilse syy6;1611r. Ire au:odynanucally
designed twin balfle slruclure fu ("es I�fu air into a series of
compressions, expansions anc� � iessure changes. The
grease, heavier than air, separt It's apti sellles safely and
quickly on the baffles. wirer a smn6lb sti0aces assure rapid,
dripless run off into collection Ijoughs. Meanwhile. the
grease -free air has passed throu(il1 the liller and up through
the exhaust duct. —
A911on 2
T WRI BAF[1:� CONS"f I lllC l fill I
CAUSi:S Gl-'EASL TO PHL(API
TATE fHCJ EXHAUST / Ili
SM U .tl ALVANIZED Sllli
FA C 5-C AIN GREASE 'I'i I
CAN . I'Y't31J *ER.
FIRE GUAIID GREASE f ILTER CLASSIFICATION BY UNDERWRITERS LABORATORIES. IIIC. AS TO
FI.ARAIAADILITY ONLY AFTER EXPOSURE TO GREASE LADEN AIR
•
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• HEAVY GUAGE, Non coitoding altiminulil
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• SELF. DRAI!JING arld non dripping
• EASILY SOAKU, s )rayed or wasl lull
with mild soap fol. tlif�ck cleaning
• UNDERWRI(ER'S laboratory tested and li: lu�l
• MEETS ALL requireipents of
national fire piotectlojl association
bulletin #96
PROVIDES POSITIVE FLAME
iARRIER• ° CONSTRUCTION,
IELPS PREVENT KITCHEN ,.
ARES FROM ENTERING
)UCTWORK AND BEYOND..':
L01:11 r7i
Grease -laden air is dl awn iplu thrs tiller by exhaust tans. As
the air passes throe h the s sleet, file aerodynamically
designed twin battle il ructyte fo ces the air into a series of
compressions, expansions imc� Inessure changes. The .
grease, heavier thall air, sefi[aralLs and settles safely and
quickly on the baffles. whet e smoufh surfaces assure -rapid,
dripless run off into collection loughs. Meanwhile, the
grease -free air has Messed Iltiouilll the filter and up through
file exhaust duct.
Action. 2
1WI tj,0.AFFI.E CONSrlal c lIt.,lI
CAUSSS G EASE
1 AT FR EXI1AUST Alf i.
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510 Third St.
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FIRE GUAnp G�t EASE FILTER CLASSIFICATION BY UNDERWRITERS LABORAIOHIES, INC. AS TO
I.AMMABILITY ONLY AFTER EXPOSURE TO GREASE LADEN AIR
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Ithaca, NY 14850
(607)'273-53(1()
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irect and fieil. Drive
The Type ACRU -p ancj AC U it t -hlast roof ventilators are available in either direr, or )eft drive. These ventilators have
p�eed dbsigned especla�) for ho Ion wtjere 11 Is necessary to elect fumes up and a I ay frgni the building. These units
Incorporate an alums��ilh pacliwaIccl Ion ned; non - overloading centrifugal whee . Th jn d and drives are enclosed In a
weathertlght comparll 'ent and cooled by air tubes from an area free of conta1nina ec1l ItII ies.
C u -I 11j root ventilator Is des! signed for COMMERCIAL KITCHEN N Ab' _ICA IO S and features a one piece
The Type VCR p t r g N N
bottom spinning to-prevenl grease leakage. The VCR is belt drive only and has tit §ante 1ealdres as the ACRU -B. The
VCR Is D.L. approved for operallon Up to 300 °F. Type VCR is available In sizes 1211 ihic ilgh 4A490 belt drive only. These ven-
tllators are AMCA cerllfled (pr air - and - _sound
When specifying VCR mo��e tells substitute V In the catalog number for R (I xam) a 120V2B .
The Type VCR Is also availa�) e as a square base wall mount unit In sizes 126 thr'( 'It 245 be�I drive only.
When specifying VCR wall Inoirni units add "W" to model number (Example 120V2M).
- -- - -- B _.... . .
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a page 60
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LR 16267
The type ACR
ire fire requ 1e4,1
tjta iy�a V,C
o smoke gn
E35331 Meet N86141
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pr oA khcin slat
I the VCR
b grease
commercial
a page 60
4
- --
-
App'x.
Size
A
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11
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100
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_13.112
21
18
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135
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35-18
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-
App'x.
Ship'g.
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ACRU•BNCR DIMENSIONAL BATA
ACRU•B l . VCR'
Size _A _a _ _C 11 0_ T•Sci. Less Mir Less MI
100: 15 -1118_ 25 --18_ 2b -711 6 -518 2 - 18 - -- 30 _ NA
120_ 17-13/16 30. 18 2� 311 - - 2 20 55 61
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135 17_13116 •3(6- IB_ 3:151 �� —5 - 2 20- 60_ . 66
150 19 -718 35- lf1 2 24 70 77
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�80 22 718_ �a: ! 35.51 _ _ _ 2 —24— _SO 100 '
^J95 22 718 _�d• IB_ - 3�1 _ �__.2 24— 100 _10_
210 _255112 4� 153 51 3 _30 _200_ 220
_225_ 25-112 9 18_ � 51 - - 5 _ 3_. 30 220_ 242
245. 27.11!16 � 18 35 -11 18 518 3 30 240 264
270 28.1118 18 �7 31 —15 3 38 260 _286
300 33 -7116 5 _ 16 3.1 _ 1 _28— _3 36 300_ 336
330 33.11116 _5 - IB_ All _.22� 3 42 _ 365— 37�_
365 35.15116 8 - 18 48 - 2918_ 3 42 380 420
402_ 37 -7118 _6 IB 5b•15f�e X21__ 3 _48— �40 484_
445_ 42 7_116_ _78 IB 53.7118 26716 3 54 -_ -500 556_
490 44-3/16 _ 78• !8 58.111 32:718 3 �5 650 _715
VCR Is available In sizes 12d (hfil 49d belt Drive only.
ors re available as
I. Wien fisted models
CRUBU.,,_
tied for the removal
W, 762)
NFPA 96.—
oACU ofen Cook Comi , cart les that the ACRU -D, ACRU•B/VCR shown •
�� {p�isi on ar 1 cefieed Co be I the AMCA Seal. The ratings shown are bes-
son. 6d pQn lep�q made In accordance with AMCA Standard 210 (and AMCA.:
;is hdarc( X1101 er d comply with the requirements of the AMCA CeAllled
.am Ralings .rod etrl.'
The soups retlnaq glawn ere ablafned in accordance with AMCA Stan'-
gqbr{l 9W, let! Seldlr Numl'ar 2A. Loudness values In cones at a
dls ante of 5 feat were ca culaled In accordance with AMCA Standard
9 _ /! /
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LJ
•
UA:OC;�8�* OF 1,%
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273 -1721 - HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747
i
T0: Planning Board members
FROM: George R: Frantz, Acting Town Planner G /�
DATE: May 30, 1991
RE: Planning °IBoard meeting -- 6/4/91
A few items regarding the meeting agenda:
r
ve
is Facilitv.
ZONING 273 -1747
Priscilla Noetzel- FIilson of Cornell University will present th=
University's plan for a tennis center on Pine Tree Road north of
the Equitation Centler. This will be a sketch plan review intended
to afford the Planning Board an opportunity to review the project
and Comment on it, At this time Cornell.has no set timetable for
bringing the proposed facility to the Town. for Special Approval and
construction, However because of the interest generated by r_;;a
proposal over the past several months, the University feels it
review.
appropriate to present it to the Planning Board now fer inform-.
Minnie's Bp. ; -.
The applicants havel returned to the Planning Board wit1h additional
information regarding the ventilation system, and a revised ^site
Plan as requested by the Planning Board--on-April 16. I have also
spoken with Hoyt Benjamin of B &W Supply, vendor.of the ventilating
equipment, regarding its capabilities.
The exhaust system 1proposed, as I related
l to.you at the April ril 16 meetin g, is expected to
address the - potential problem of smoke.
However _it is not_ exlpected_to .be- ef- f- ecti =ve — in-- e= l - -im- n-ati -ftg- potential- -
cooking odors from the exhaust,
There are a couple of factors which may reduce .the
any adverse. impactsl.on the surrounding properties due to odors.
The first one is that the exhaust from the pit will be directed
upward into the atmosphere by•the fans of the exhaust system.
Also, because of the orientation of the site and Elmira Road, the
prevailing northwest winds can be expected to disperse the exhaust
in the direction of e barn and undeveloped area to the southeast
of the site.(see aerith b
al photo in packet)
Hasbrouck Apartments.
The Zoning Board ofl��Appeals on Wednesday, May 22 granted Cornell
University the variances related to the proposed expansion-of
�17
t
•
C,
r�
U
r '
CORNELL, "
U N I V E K S 1 T Y
Associate Vice President
Facilities Planning and Construction
Carolyn Grigorov !i
Town of Ithaca
125 East Seneca Street
Ithaca, NY 1480
Dear Carolyn:
17 I I bill rrlrl h,mr: rd
III1IC.I, XCti I 14 `titi!'I Fat �i III 1iv. ...v.
May 31, 1991
The attached scope description for the GETS is aptirove: t - � C:
Administration ana I is submitted for approval by the Town Pianr,in^ ^^�
We appreciate the' Town's efforts in helping prepare this outline o* s 1 ie Z
matter that will be examined in the GEIS process. We will be responsive
local concerns an&d will use this process to formulate a. plan to In eio us al;
reach mutually acceptabje conclusions about long range develo ^rrr;en! or I 1p
defined area. �I
Very tr ihl vOt:rs,
I
,uf
Paul M. Grir,
I
LSR /tm
Attachment
r
Proposed Scope of Issues and
• Outline for the Draft Generic
Environmental Impact Statement
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Cornell University, Ithaca, New York
The purpose of this proposed Scope is to provide a guide to the information and level of
detail to be included in Ithe Draft Generic Environmental Impact Statement ( DGEIS) for
certain lands of Cornell University. These lands are the area known as The Orchards bounded
• by Route 366, Game Farm Road and Cascadilra- Creek, and other University owned lands to
the south bounded by Caslcadilla Creek, the Town of Dryden Town Line, Snyder Hill Road,
Pine Tree Road, Slaterville Road, The City of Ithaca line, Ellis Hollow Road and Judd Falls
Road as illustrated on thellattached figure. The purpose of the DGEIS is to present a plan for
the development of The Orchards over a 20 year time frame and, to the extent possible,
providd information on proposed development for the lands south of The Orchards.
Portions of these lands are subject to use by New York State. Planning and development of
statutory facilities is governed in part by the State of New York. As part of this process,
Cornell will supply to the best of. its ability, available information on state projects that fall
within the area covered by the GEIS, and also the East Hill Plaza commercial area.
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The level of detail of analysis will be greater on The Orchards parcel, about which more
specific plans are known, than on the lands to the south which will be used by New York
State.
The following information shall be included in the Draft Generic Environmental Impact
Statement.
I COVER SHEET
The cover sheet shall include:
A A statement that it is a Draft Generic Environmental Impact Statement.
B. The name of the project.
C.
The locatio °n of the project.
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D The name and address of the lead agency and the name and telephone
number of la contact person at the lead agency.
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E. The name and address of the preparers of the document and the name and
telephone !number of a contact.
F. The date of acceptance of the DGEIS.
G. The deadline date by which comments are due.
The cover sheet shall be followed by an Executive Summary providing the following:
A. A brief desscription of the action.
B. A listing of significant beneficial and adverse impacts and specification of
controversial issues.
C A listing f r
g i proposed mitigation measures.
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D A discussion of the alternatives considered.
E. A listing Ilof the matters to be decided including required permits and
approvals and funding.
The Table of Contents shall follow the Executive Summary .
This section of the DGEIS will provide a generic description of the development program
planned for The Orchards. It will be as specific as possible given that the building mix will
evolve within the development program. A description will also be provided of known or
anticipated development plans for lands within the project boundaries south of The
Orchards.
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• Specifically provided will bie:
A. Project Purpose, Need and Benefits
1. Background and historical growth trends at Cornell will be discussed.
21 The need for The Orchards project -within the r- entext of h iste ie
tre e w0>',° ted will be explained as specific needs for space
that Cornell anticipates. The need for other projects south of The
Orchards will be discussed.
3. The e objectives of The Orchards development will be discussed. The
objI6ctives of other development south of The Orchards will be
discussed.
4. The social economic, educational and other benefits of the proposed
action will be presented.
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Be Location
1. The geographic boundaries of the project utilizing appropriate maps
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will be presented. More detailed mapping may be available for The
Orchards than for areas to the south.
2. A description of existing access to various parts of the project will be
prolvided.
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31 A description of existing zoning of the project will be provided.
C Design ands, Layout
The final design and layout of The Orchards area may not be
available for many years. The GEIS will present square footage,
types of use and will describe development program guidelines or criteria for
• design and layout of the Orchards. Land clearing plans will be described.
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Informationfor the area south of The Orchards will be provided to the extent
• that it is available.
1. Total Site Area
a A general estimate of proposed impervious area will be
provided.
h An estimate of the amount of land to be cleared will be
provided.
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C An estimate of the amount of open space will be provided.
d. Development impact on adjoining properties in the Towns of
Ithaca and Dryden will be identified.
2. Structures
• a. Gross floor area and type of use of structures will be provided,
for projects that have been developed to this level of detail
I! such as the proposed tennis facility.
b. Schematic layout, height and massing of buildings will be
provided, for projects that have been developed to this level
of detail such as the ro osed tennis facility.
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C Conceptual utility plans will be provided, including
evaluation of off -site impact.
3. Pa lE-ing
Circulation and Parking
Assumptions about ublic transportation
P services and the effect on
the estimate of future parking needs will be included.
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• a Schematic Road Layout
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a. hF Conceptual relationship of parking requirements to
building uses and areas.
c Assumptions on Public Transportation
D. Construction and Operation
1. Construction
a. An estimate of the total construction period will be given and
an estimate of construction phasing provided, with schedule.
b. Potential development on .adjoining properties will be
discussed.
2. Operation
a. A general discussion bf the operation of each type of facility
under consideration will be provided.
E. Approvals
1. A discussion of zoning and other regulatory approvals -required to
construct the various project elements will be provided.
This section of the DGEIS will provide a baseline description of the environment in order
that an assessment of
adjacent to the site,
conditions and potential project impacts can be made, in and
A. Geology, Soils and Topography
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1. Based on published surveys and reports, this section will discuss the
•dep th to and type of bedrock material. Any limitations to
development or opportunities for use will be noted.
2. Based on published surveys and reports, a discussion of soil types,
physical properties, engineering properties and agricultural properties
will be presented. A map of soil types will be prepared. Suitability for
use,and potential limitations to development will be discussed.
3. Impact on soil from past agricultural management practices, including
pesticide application, will be investigated and analyzed. Suitability for
proposed uses and potential limitations to development will be
discussed.
41 A description of topography will be provided. Detailed topography at
2' contour intervals will be presented for The Orchards. USGS
topography will be presented for the remainder of the project. A slope
map will be made for The Orchards. Significant topographic features
• will's be described. Potential limits to development will be noted. The
topography of the surrounding area will be described.
5. The; old landfill site adjacent to the creek will be discussed,
identifying past use and present status.
B. Water Resources
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1. Groundwater
a. The location and description of any aquifers or recharge areas
under or nearby the project area will be noted. Depth to water
tables and limitations as it may impact retention ponds will be
discussed from published sources.
b. Any water quality problems associated with present
runoff to the creek will be identified.
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2. Surface Water
a. ! Users and levels of use of relevant surface waters will be
provided utilizing published data.
b. Drainage characteristics of the project area watershed will be
modelled using the US Soil Conservation Service TR -20
model. 5, 10, 25, 50 and 100 -year return storms will be
modelled to__pro_v_ide baseline information for management of
storm water runoff. Drainage patterns and channels will be
described.
C Water quality issues of the poultry wastewater disposal lagoon
_ will be discussed and analyzed. Sediment at the bottom of this
lagoon will also be analyzed. Limitations to development and
. alternatives will be discussed.
d. Floodplains and floodways will be illustrated utilizing Federal
Emergency Management Agency Mapping,
C Air Resources
1. Climate
a. A discussion of climatic factors includin g , wind temperature,
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- precipitation and humidity will be provided.
2. Air (;;Quality
a. National and state air quality standards for the project area
will be listed and the existing levels, based on available data,
and compliance status for each pollutant noted. Existing
pollutant sources and sensitive receptors will be noted:
D. Terrestrial and Aquatic Ecology
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1. Vegetation
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a. ',', Vegetation types in the project area will be listed by species
and mapped based on field investigation. Site vegetation will
be characterized by species presence and abundance, age, size,
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distri
b o dominance community types, value as wildlife
habitat and productivity. Any unique, rare, threatened or
endangered species will be noted.
2. Fish and Wildlife
a. Fish and wildlife species in the project area will be Iisted based
on field investigation. Species presence and abundance,
distribution, dominance and productivity will be discussed.
Any unique, rare, threatened or endangered species will be
noted.
3. Wetlands
a. Wetland areas will be delineated and mapped utilizing U:S.
Army Corps of Engineers criteria. Wetlands meeting criteria
for regulation by the NYS Department of Environmental
Conservation will also be delineated and mapped. Wetland
characteristics including acreage, vegetative cover,
classification and benefits will be discussed.
E. Agricultural Resources
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1. Soils
a. Soils will be listed by name, slope and soil group ranking
within the NYS Land Classification System. The number of
acres within each group and the location on a map will be
provided.
• 2. Agricultural Land Management System
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• a. An inventory of existing erosion control and drainage systems
will be provided and any existing soil and water conservation
plans will be discussed.
3. Operations
• a. The number and types of farm and associated operations on
and adjacent to the site will be listed.
b. Research and educational programs will be listed.
C The type and proximity of agricultural facilities such as storage
sheds, barns, sorting and .packing houses will be listed.
F. Transportation
1. Transportation Services
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a. p A complete description of existing facilities will be provided.
The description will include size, capacity and condition of the
facility. Descriptions of roadways, highways, traffic controls,
site ingress and egress and parking will be included.
b. '' The current level of facility use will be fully described.. The
existing AM:_aind PM peak hour traffic volumes will be
counted at key intersections, the vehicle mix will be reported
and current problems identified and described. The following
intersections will be included:
• Caldwell Road and NYS Route 366
• Tower Road and NYS Route 366
• Tower Road and Judd Falls Road
• Judd Falls Road (north) and NYS Route 366
• Judd Falls Road (south) and NYS Route 366
• a Judd Falls Road and Ellis Hollow Road
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• Ellis Hollow Road and Pine Tree Road
• Dryden Avenue, Maple Avenue, Ithaca Road and Oak
Avenue (Six Corners)
• Stevenson and Game Farm Road
C The trip generation of the proposed project will be determined
rand added to the projection of future background traffic. -The
future traffic- c-endi+ieps With and without the + will b
examined to deter-mine the traffic- impacts a��e6med With 04
proposed et, (this sentence relocated to section on
impacts)
d. The noise impact of any projected changes of traffic volume
on Ellis Hollow Road will be evaluated.
2. Public Transportation
a. The existing components of the public transportation system
will be fully described. -
b. Services currently available within the study area will be
defined, and measures of current usage will be reported.
31 Pedestrian Environment
Z Existing pedestrian activities will be described in the context of
overall transportation.
b. Future pedestrian activities generated by the proposed
development will be described in the context of the overall
transportation system.
4. Bicycle Facilities
a Existing bicycle facilities will be described
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h Future bicycle facilities will be discussed.
G Land Use and Zoning
1. Existing Land Use
a. A description and map of existing land uses on and within 14
mile of the project area will be provided. 314
Residential areas of Pine Tree Road, Bryant Park, Varna and
Forest Home will be included,
b. A description of existing zoning on and within 1J-2-mile of the
project area will be provided. 314
c Commercial areas including East Hill Plaza will
be described and evaluated.
e & The existing Town of Ithaca land use plan will be discussed.
The on -going plan update will be discussed as it affects the
project.
e. Past waste disposal °practices on the site by Cornell will be
investigated and discussed. Limitations to development and
alternatives will b discussed.-
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An evaluation of surface and
ground water containment will be included.
1 L Community Services
This section' will present a discussion of existing levels of usage and projected
future needs.
1. Police and security services as provided by the Town, State, County
and
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Cornell University will be discussed. Manpower and equipment
levels and adequacy will be discussed.
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2. Fire protection manpower and equipment levels will be inventoried.
• The existing and future adequacy of fire protection services will be
discussed.
3. Health care manpower and facilities provided by the Town and
Connell University will be inventoried and assessed.
4. Rec1reational facilities provided by the Town and Cornell will be
inventoried and assessed.
5. Socli al Services provided by the Town will be inventoried and
assessed.
6. Primary and secondary schools serving the area will be inventoried
and, assessed.
7. Utility services provided by Cornell and regulated public utility
companies including electric power, natural gas and telephone service
is will be inventoried and assessed.
8. Potable and fire protection water supply provided by municipal
systems and private (Cornell University) system will be inventoried
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and' assessed. Energy analysis will include hydraulic modeling using
"Kentucky Pipe" model.
9. Sewage disposal options including privately owned " on-site " systems
will be inventoried and assessed.
10. Solid waste disposal facilities provided by the County will be
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discussed. Collection and recycling programs by Cornell will be
discussed.
L Demography
1. Population characteristics including household size composition and
• age will be discussed using the most recent available census data.
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21 Population projections will be presented using published data.
J. Cultural Resources
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1. Visual Character
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a. The visual character of the project area including Cascadilla
u Creek will be discussed and illustrated with photographs.
Surrounding roads from within the project area which are
visible will be noted. A zone of visibility map will be
prepared.
Educational Resources to the Community
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2. Hisll
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Noil'se
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Educational resources will be described.
and Archaeological Resources
Historic areas and structures listed on the State.or National
Register and those structures with the potential for such
eligibility will be located.-and described. Local registers of
historic places and structures will be consulted.
A Phase 1A Cultural Resources Survey will be conducted to
determine the potential for presence of archaeological
resources and the need to conduct field surveys as
construction progresses.
Existing noise sources in and nearby the project area will be
described and subjectively evaluated. Any nearby sensitive
receptors will be located and described, including residential,
areas around the site.
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This section will describe the potential impacts of the project as described in Section III and on
the environment as described in Section IV. Impacts and mitigating measures will be
discussed for both construction and operation phases. Mitigating measures will be presented
for each significant impactllidentified,
The DGEIS will take a "threshold" approach to many potential impacts. For example, traffic
impacts will be spaced out: over a number of years as development occurs. The future traffic
conditions with and without the project will be examined to determine the traffic impacts
associated with the propiosed project. The DGEIS will recommend the specific traffic
improvements necessary to mitigate impacts as certain thresholds are - reached. For other
impacts, particularly those related to construction, generic mitigation measures applicable
throughout the life of the i�project will be proposed. Threshold limits will be proposed by
Cornell and its consultants for Town review.
• The proposed change in zoning from R -30 to Special Land Use will be described and its
impacts on current land use restrictions will be explained.
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VI. ALTERNATIVE
This section of the DGEIS will present alternatives at a level of detail sufficient to permit a
comparative assessment of costs, benefits and environmental risks for each alternative. The
level .of detail of the discussion will be greater. for The Orchards. The following alternatives
will be considered:
A. Alternative, Design and Technologies
1. Land Use Plan and Development Program
Potential alternative land use plans and development programs will
be examined.
B. Alternative Sites
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10 Al' iternative sites which could meet the project objectives will be
disc cussed. Factors considered will include the availability of land,
suitability of alternative site(s) to accommodate design requirements,
- - - avI ilability of utilities, compatibility with zoning and land use plans,
compatibility with natural resource considerations and accessibility.
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CO Alternative Size
1. An increase or decrease in project size will be considered and
D. Alternate Scheduling
1. Alternate construction and operations phasing will be discussed.
E. Alternate Land Use
1.
Use of the project area for other uses will be considered.
F. No Actionli
1. The no- action alternative will
be considered, including its effect on
Cornell University's needs and possible displacement of impacts.
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This section will identify those natural resources identified in Section IV
consumed, converted or made unavailable for future use.
This section will also present a' summa of unavoidable adverse impacts.
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This section will describe potential growth inducing aspects, including potential increases in
. development pressure on other lands and various secondary impacts. Specifically considered
will be the following:
A. Population
1. Potential increases in population due to job creation and consequent
need for housing, education, commercial and other support facilities.
B. Developme,�nt Potential
1. Potential new development caused by expanded infrastructure such as
road improvements or utilities.
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C. Growth potential for the University will be described.
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Campus physical growth needs and their likely
impact on the GEIS area will be explained.
21- The potential "ripple effect" of Cornell development
will be described.
Ate, Use
1. This section will estimate the direct and indirect use of energy
attributable to the proposed development.
B. Conservation
1. This', section will describe the energy conservation opportunities
available for the proposed development.
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The following technical appendices will be included. Additional appendices may be prepared
as necessary.
A. References,,' Including Published Materials and Person Consulted
Be Relevant Correspondence
C Traffic Study
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D Storm Water Management Calculations
E. Utilities
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F. Wetlands Reports
G Cultural Resources Report
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TOWN OF ITHACA
• LOCAL LAW N0. OF THE YEAR 19
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DRAFT
TOWN OF ITHACA
• LOCAL LAW N0. OF THE YEAR 19
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A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING
TO PROCEDURES FORISITE PLAN APPLICATIONS.
Be it enacted by the Town Board of the Town of Ithaca as
follows:
The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968, and subsequently
amended, be further amended as follows: _..
1. Article IX, Section 46, the opening paragraph, is amended
to read as follows:
. "Section 46., Procedure Related to Establishment of a Zoning
District. When an application is submitted to the Town
Board-for-.establishment of a Residence District R5, Multiple
Residence, Business 'A', 'B', 'CAP •'D', =and 'E', and any
other Special-Land Use .Districts, the establishment of which
may be. permitted under this Ordinance, all hereinafter
referred to as 'Districts', the applicant shall proceed as
follows:"
' 2. Article IX,. Section 46, subdivision.l,° is amended to read
as . follows:
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=!'The applicant shall submit Aa general !site .plan to the ..Town
Board which Fshall show.property lines, including metes and
bounds, adjacent public streets,....topography; size 4and
location df existing or -proposedt' structures, and thel.
applicant -shall submit such other'.pl'ans and - information and
any other features deemed. reasonably necessary by the- Town
Board for adequate study. .of the proposed plan. Upon, its
review of the general site ,plan,, they Town 'Board may refer '
the matter to the Planning, Board for further review: and
recommendation." m
3. Article IX, Section 46, subdivision 2, first sentence,
is amended to read as follows: --
?' -- - -- "Upon - referral - -of- -the -matter -to- the ' Planning -- Board -by- the - - -
Town Board; •.;the Planning. Board. may' require such changes in4
the general!. site plan as' are necessary to. meet the
requirementsi� of this ordinance -and. may make any other
recommendations which it deems necessary to promote the
general health, safety, morals, ando the general welfare of
the community."
4. Article IX, Section 46, subdivision 3, is amended to
read as follows:
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2L1.JJL4140P9 LL, Lbik, :!r L. 't t LV . JC/CralY
n3. Whenever a District is created pursuant to the_
provisions of this Article, the owner shall be bound by the
general, site plan as approved and adopted by the Town
Board."
5. Article IX is further amended by renumbering former
section 46 -a to be 46 -b and adding a new section 46 -a reading as
follows:
"Section 46 -a. Procedure Related to Special Approvals. In
those circumstances where site plan approval by the Planning
Board is a ipre- condition to the granting of a Special
Approval forba use, the applicant shall proceed as follows:
1. The applicant will submit a site plan which shall
show property lines, including metes and bounds,
adjacent public streets, topography, size and location
of existing or proposed structures, and such other
plans and information and any other features deemed
reasonably necessary by the Planning Board for adequate
study of the proposed plan.
2-. The Planning Board may require such changes in the
site plan as are necessary to meet the requirements of
this Ordinance and may make any other recommendations
which it deems necessary to promote the general health,
safety, morals, and *the -general welfare of < the
community, The 'Planning Board shall then adopt a
resolution recommending, either approval, approval with
modifications; or disappr'o!val of the proposed plan.
Before Zany such resolution is adopted,. the. Planning,
Board shall hold a public hearing which shall be .heard°
;by the ] LPlanning Board within thirty (30) days of the
filing !of the .completed application for the Special
Approval with site plan with the Planning Board, and
such hearing shall be advertised in a. newspaper of
general, circulation in the' Town' of Ithaca at least sfive
(5) days-before such-hearing. The Planning Board shall
make its determination within thirty (30)- days after
the hearing and forward the same to the Chairman or
Clerk of the Board of'Appeals.
-- T 3. Theo owner and- applicant- -- shall -be -bound --by the-final-
8 ite plan as approved by the Planning Board."
60 Article, IX, former section 46 -a, now renumbered 46 -b,
is amended by deleting subdivision 1 and inserting a new
subdivision 1 to read as follows:
^'1. After a Residence District R5, Multiple Residence,
-may
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n3. Whenever a District is created pursuant to the_
provisions of this Article, the owner shall be bound by the
general, site plan as approved and adopted by the Town
Board."
5. Article IX is further amended by renumbering former
section 46 -a to be 46 -b and adding a new section 46 -a reading as
follows:
"Section 46 -a. Procedure Related to Special Approvals. In
those circumstances where site plan approval by the Planning
Board is a ipre- condition to the granting of a Special
Approval forba use, the applicant shall proceed as follows:
1. The applicant will submit a site plan which shall
show property lines, including metes and bounds,
adjacent public streets, topography, size and location
of existing or proposed structures, and such other
plans and information and any other features deemed
reasonably necessary by the Planning Board for adequate
study of the proposed plan.
2-. The Planning Board may require such changes in the
site plan as are necessary to meet the requirements of
this Ordinance and may make any other recommendations
which it deems necessary to promote the general health,
safety, morals, and *the -general welfare of < the
community, The 'Planning Board shall then adopt a
resolution recommending, either approval, approval with
modifications; or disappr'o!val of the proposed plan.
Before Zany such resolution is adopted,. the. Planning,
Board shall hold a public hearing which shall be .heard°
;by the ] LPlanning Board within thirty (30) days of the
filing !of the .completed application for the Special
Approval with site plan with the Planning Board, and
such hearing shall be advertised in a. newspaper of
general, circulation in the' Town' of Ithaca at least sfive
(5) days-before such-hearing. The Planning Board shall
make its determination within thirty (30)- days after
the hearing and forward the same to the Chairman or
Clerk of the Board of'Appeals.
-- T 3. Theo owner and- applicant- -- shall -be -bound --by the-final-
8 ite plan as approved by the Planning Board."
60 Article, IX, former section 46 -a, now renumbered 46 -b,
is amended by deleting subdivision 1 and inserting a new
subdivision 1 to read as follows:
^'1. After a Residence District R5, Multiple Residence,
-may
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• Businessy - Light Industrial or Industrial District, or any
other Special Land Use District, has been established
by the Town Board and whenever a specified development or
Changes in thellgeneral plan are proposed, or whenever a site
plan is required by.any other provision of this Ordinance, a
site plan for the proposed use must be submitted and
approved by the Planning Board before a building permit may
be issued. If the original site plan submitted in
connection with the initial creation of the District or the
granting of the Special Approval was of sufficient detail
and containedisufficient information as to constitute, in
the Planning toard's discretion, a final site plan, such
original site'iplan shall suffice* otherwise, the applicant
shall submit a detailed site plan (hereinafter referred -to - --
as 'final site plan') in accordance with this Ordinance.
This final site plan shall show property lines, including
metes and bounds, adjacent public streets, topography,
including existing and proposed contours, size and location
of structuresIl, area and location of parking, off - street
loading and access drives, proposed signs and lighting,
proposed •landscaping and any other features deemed
reasonably necessary by the Planning Board for adequate
study of the proposed plan."
7.. Article IX, former section 46 -a, now.renumbered 46 -b, is
..further amended by amending subdivision 4, opening paragraph;
sec6ndtosentence, by adding thereto the following after the words
• "site plan - approval ":
nand shall. hold .a public hearing on said application for "
.- modification of the site-plan--and shall make its decision on.
i .same within
J. time limats set forth with respect to an
original site!iplan application. ". P
so Article IX is further amended by adding' a new section
46 -c reading as, follows:
nSection 46 -c General Considerations
The Planning Board's review of a general, preliminary,
or final site] plan shall include as appropriate, but shall
not be limited to, the following considerations:
- — - - - 1.- Adequacy;: arrangement,— and- l- ocat-i-on -of vehicular- --
- access and circulation, including intersections, road .
j widths, pavement 'surfaces, off - street parking and
loading areas, and traffic controls.
2. Adequacy,. arrangement, and location of pedestrian
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and bicycle traffic access and circulation, control of
intersections with vehicular traffic, and appropriate
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provisions for handicapped persons.
• 3. Adequacy, location, arrangement, size, design, and
general site compatibility of buildings, lighting,
signs, open spaces, and outdoor waste disposal
facilities.
4. Adequacy, type, and arrangement of trees, shrubs,
and other landscaping constituting a visual and /or
noise- deterring buffer between the applicant's and
adjoining lands, including the retention of existing
vegetation of value to the maximum extent possible.
5. In the case of a residential property, and in the
case of" other properties where appropriate, the
adequacy "and utility of open space for playgrounds and
for informal recreation.
69 Protection of adjacent properties and the general
public against noise, glare, unsightliness, or other
objectionable features.
70 Adequacy of storm "water, drainage, water supply,
and sewage disposal facilities.
8: Adequacy of fire .lanes and other emergency
provisions.
9. The effect of the ".proposed development ..on
environmentally sensitive areas. including; but not
limited to wetlands,, floodplains, woodlands, - -_ -steep
slopes, and water courses, and :on other open ;space
Areas of,importance,:to the.neighborhood.or commun�,ty.
100 Compliance with the. Zoning Ordinance, subdivision
regulations, if applicable, and any other applicable
laws, rules; requirements, or policies.
90 Article IX is further amended by adding a new section _
46- dreading as follows:
"Section 46 -d. Other Provisions
-' - 1.= No building permit shall be _issued for . a_ project__with. an
approved final site plan until the applicant has furnished
j to the Town Engineer an irrevocable letter of credit in an
amount to be '!approved by the Town Engineer. Such letter of
credit shall insure that all items on the site plan that may
be deemed necessary to provide for., adequate traffic flow,
utilities, and other infrastructure items are constructed in
! accordance with the approved final site plan and any other
4
' .:.... . .. .. .. � ...r– • ^'dlri+'ICR r— pry -_.. _�.r _ _ ___
.A r
r y
6�
0
IN
•
pertinent specifications and requirements. The Planning
Board may waive the requirement or may accept other evidence
or promise of; completion of required facilities for the site
plan if, in its discretion, it determines that there is no
need for the letter of credit.
-
2. No final certificate of occupancy or certificate of
compliance shall be issued until all improvements shown on
the final site plan as approved by the Planning Board are
installed or until a sufficient performance guarantee, such
as a letter of credit, has been provided to the Town for
improvements Ilnot yet completed. The sufficiency of such
performance guarantee shall be determined by the Town
Engineer after consultation with the Building Inspector or-
other persons designated by the Planning Board. The
Planning Board may waive the requirement for such
performance guarantee if, in its discretion, it determines
that the guarantee is not needed.
3a Unless work has materially commenced in accordance with
the final site plan within one year from the issuance °of the
building permit .-authorizing such work, or within eighteen
months of the date the Planning Board gave final site plan
approval, whichever is earlier, not only the building permit
but the site plan approval (both final and preliminary)
shall expire and the permissible uses and construction on
the property !Ishall revert, to those in effect prior to the
granting of !any site, plan 'approval. The Planning Board,
upon request li of the applicant;. • and upon a finding. that • the
imposition of the time }limits set. forth above would create
an 'undue hardship on the applicant, may extend the ti
i me
limts.•.for %su`ch additional periods as the-Planning-Board may
reasonably determine. An •application for such extension
shall. be. made no later than .six months ,after. the expiration
of the time limits set forth above.
For • the ' purposes of this • section, work will not have
ymaterially commencedp .unless, at aminimum, (i.) a building
permit has been obtained; (ii) construction equipment- and
tools consistent• with the size of 'the proposed work have
been brought'` to and been used on the site; and (iii)
substantial 'excavation (where. excavation is required) or
framing or erection (where excavation is not. required) ..has
—been started i,and is- being diligently pursued.
5
1 �
+
•l
pertinent specifications and requirements. The Planning
Board may waive the requirement or may accept other evidence
or promise of; completion of required facilities for the site
plan if, in its discretion, it determines that there is no
need for the letter of credit.
-
2. No final certificate of occupancy or certificate of
compliance shall be issued until all improvements shown on
the final site plan as approved by the Planning Board are
installed or until a sufficient performance guarantee, such
as a letter of credit, has been provided to the Town for
improvements Ilnot yet completed. The sufficiency of such
performance guarantee shall be determined by the Town
Engineer after consultation with the Building Inspector or-
other persons designated by the Planning Board. The
Planning Board may waive the requirement for such
performance guarantee if, in its discretion, it determines
that the guarantee is not needed.
3a Unless work has materially commenced in accordance with
the final site plan within one year from the issuance °of the
building permit .-authorizing such work, or within eighteen
months of the date the Planning Board gave final site plan
approval, whichever is earlier, not only the building permit
but the site plan approval (both final and preliminary)
shall expire and the permissible uses and construction on
the property !Ishall revert, to those in effect prior to the
granting of !any site, plan 'approval. The Planning Board,
upon request li of the applicant;. • and upon a finding. that • the
imposition of the time }limits set. forth above would create
an 'undue hardship on the applicant, may extend the ti
i me
limts.•.for %su`ch additional periods as the-Planning-Board may
reasonably determine. An •application for such extension
shall. be. made no later than .six months ,after. the expiration
of the time limits set forth above.
For • the ' purposes of this • section, work will not have
ymaterially commencedp .unless, at aminimum, (i.) a building
permit has been obtained; (ii) construction equipment- and
tools consistent• with the size of 'the proposed work have
been brought'` to and been used on the site; and (iii)
substantial 'excavation (where. excavation is required) or
framing or erection (where excavation is not. required) ..has
—been started i,and is- being diligently pursued.
5
•
FILED
TOWN OF ITHACA
Date IL /g. /99.
EXCERPT From the Minutes of the Planning Board Meeting
June 4, 19910
PUBLIC HEARING. CONSIDERATION OF SITE PLAN APPROVAL FOR THE
PROPOSED "MINNIE'S BQ, CONSISTING OF THE CONVERSION OF AN EXISTING
STRUCTURE TO A RESTAURANT -TYPE OPERATION INCLUDING LANDSCAPING AND
PARKING LOT IMPROVEMENTS, ON A SITE ON THE SOUTHEAST SIDE OF ELMIRA
RD. (NYS RTE. 13) APPROXIMATELY 250 FEET SOUTHWEST OF ITS
INTERSECTION WITH SEVEN -MILE DRIVE, TOWN OF ITHACA TAX PARCEL NO.
6- 33- 2 -7.2, BUSINESS "C" DISTRICT. KEN BALDASSARRE,
OWNER /APPLICANT. (ADJOURNED FROM APRIL 16, 1991)
Chairperson Griggrov declared the Public Hearing in the
above -noted matter duly'opened at 8:20 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted above.
At this point, Mr. Baldassarre distributed to members of the
Board copies of material concerning the ventilation system proposed
for the chicken barbecue stand. The ventilation system is
manufactured by the Sturdi -Bilt Company located in Detroit,
Michigan. (Ventilation System material attached hereto as Exhibit
#1.)
A large map was appended to the bulletin board.
Chairperson Grigo.rov noted that the Board was looking for
information on the adequacy, reliability, and operational mechanisms
of the hood system, particularly with respect to the removal of the
odor of smoke and the like, how long it lasts, what kind of cleaning
operations are needed, and what kind of maintenance operations are
needed to maintain it."
Hoyt Benjamin, of the B &W Restaurant Supply, approached the Board
and offered that he was open to questions about the ventilation
system.
Attorney Barney wondered what one would smell after the system is
turned on. Mr. Benjamin responded that the system is not a
mechanical process for removing an odor, commenting that, in his
information, there is not any kind of that equipment being used;
generally, it is not available and if it were available it would be
extremely expensive. "Attorney Barney asked if one could smell the
same odor outside as they would inside. Mr. Benjamin said that that
was a pretty fair statement. Mr. Benjamin said that the system
contains the emissions as they are coming off the equipment. Mr.
Benjamin noted that, typically, this stuff-is designed for the inside
of a building to safely conduct the grease -laden air from the inside,
remove the grease and ^get the air outside, adding that that is the
entire principal of a restaurant exhaust system. Mr. Benjamin stated
if
that the primary concern of any restaurant exhaust system is that it
• be fire safe. Mr. Benjamin said that the baffle filters that come
with the hood are designed to quickly accumulate any grease that goes
up with the heated air, adding, the grease accumulates on the baffle
Planning Board Excerpt (2) June 4, 1991
• filters that rest at an angle in the back of the hood; the air passes
through them and little particles of grease are trapped on the
filters, and the air moving through the system is always somewhere
between 2000 -3000. Mr. Benjamin stated that that temperature is hot
enough to keep the grease in a liquid state, in a liquid state it
follows the filter back down into the collection trough and into a
cup for disposal; this has to be cleaned at regular intervals,
depending on what is being cooked and how fast it gets greasy. Mr.
Benjamin said that it does not take smoke out per se. Mr. Benjamin
stated that he did not know of any restaurant in Ithaca, including
the big dining halls at Cornell University, where there is anything
other than this type of system; this is what is designed for
commercial restaurant use. Mr. Benjamin stated that this system
would meet the Town Fire code, Building codes, and Health Dept,
codes, adding that it has all the approvals that are necessary from
the various State and Federal agencies for this kind of equipment for
this kind of application. Mr. Benjamin said that, beyond the very
simple principles involved in this, one would be looking for
something that is not commercially available, not commercially used,
and that the codes are not written for, commenting that the codes are
more specific about fire problems than anything.
Board Member Bob Kenerson asked about the anticipated height.
Mr. Benjamin replied that, to meet the code, it would be 40" over the
level of the roof.
• Chairperson Grigorov wondered if the charcoal filters were a
different system. Mr. Baldassarre responded that he wanted to get
the best system available and this is what Mr. Benjamin recommended.
Chairperson Grigorov wondered if the drainage system information was
in. Assistant Town Planner George Frantz responded that the drainage
is shown on the site plan. Mr. Frantz said that the parking lot
would be gravel. Mr. Frantz said that he did not see drainage as
being any problem as a result of this proposal. Chairperson
Grigorov, referring to the landscaping, noted that there are a couple
of areas of lawn, a parking area in the back, lighting inside the
building. Ms. Langhans wondered where the parking was located that
is not to be permitted. Mr. Baldassarre replied that there would be
no parking in the front; there will only be parking on the side and
in the back. Chairperson Grigorov said that the main difficulties
were with the smoke and the odor.
Chairperson Grigorov noted that this was a Public Hearing and
asked if there were anyone from the public who had any comments or
questions.
George Sheldrake, of 713 and 715 Elmira Road approached the
Board. Mr. Sheldrake stated that he owns Earlybird Farm, Mr.
Sheldrake, directing his comment to Mr. Benjamin, wondered if he knew
of any restaurant in Ithaca that has a 30' by 4' charcoal grille.
Mr. Benjamin answered, no. Mr. Sheldrake was concerned about the
• smoke. Mr. Sheldrake noted that Mr. Baldassarre would have a
sprinkler system, and asked what the plans were for water. Town
Engineer Dan Walker stated that the water will be coming to the
• -•• Planning Board Excerpt (3) June 4, 1991
• corner of the property that the subject building sits on; this will
be the last property that the end of the watermain will touch in the
first phase; the second phase will be in the next summer's (1992)
construction season. Mr. Walker said that there will not be water or
sewer out there until next summer (1992).
Mr. C. Gray, owner of the Grayhaven Motel on Elmira Road, spoke
from the floor and stated that he is the guy that will get all the
stink from the smoke. Mr. Gray, commenting on the traffic, stated
that there are no roads on Elmira Road where there is a turn -in road
or a turn -out road. Mr. Gray wondered where Mr. Baldassarre was
going to build. Mr. Baldassarre said he plans no expansion, he will
be using the existing building. Mr. Gray mentioned a traffic light
to control traffic, stating that there are accidents on that road
every week. Mr. Gray felt that this proposal should be held up at
least a year until the Board finds out what is happening with the
4 -lane highway on Rte. 13, Mr. Frantz responded that there are no
plans for any 4 -lane highway; the State plans are for improvements to
replace the bridges over the railroad tracks and Buttermilk Creek.
Eleanor Sturgeon, of 718 Elmira Road, approached the Board and
read aloud the following letter dated 6/4/91.
"To The Ithaca Town Board -
I am writing this in protest of the food establishment proposed
• for my neighborhood.
It will cause traffic hazards on an already busy road, cars and
probably trucks will park on the road sides.
It is already difficult to enter and exit ones own driveway in
this neighborhood.
Besides the above mentioned problem, there are others variables
to consider, such as water and sewer.
Sincerely,
John Bargher
716 Elmira Road
Ithaca, NY"
Ms. Sturgeon noted that Mr. Bargher has rented his home at 716
Elmira Road for 17 -20 years. Ms. Sturgeon mentioned the high density
in the area where the business is proposed. Ms. Sturgeon wondered if
the Health Dept. has looked at the sanitation aspect of the
proposal. Ms. Sturgeon stated that there are no parking spaces along
Elmira Road, and there is no safe turn -off. Ms. Sturgeon said that
the space they speak of as parking space is an old farm area which
might, or might not, take the weight of traffic in the changing
• seasons of the year. Chairperson Grigorov responded that nothing can
happen without the Health Dept. approval. Ms. Sturgeon stated that
there is no sewage or water, and the risk of smoke to people who have
Planning Board Excerpt (4) June 4, 1991
• allergy problems, such as herself, will affect the neighborhood. Ms.
Sturgeon reiterated that the project is moving into a high- density
area for a halfway rural area: a high- density residential area.
Chairperson Grigorov interjected that it is a commercial zone. Ms.
Sturgeon said that it may be a commercial zone, but until just
recently it has been wholly residential. It was wholly residential
until the Veterinarian moved in; there were only two farm markets in
that area, commenting that it is an area that is probably 1/2 mile to
3/4 of a mile long. Ms. Sturgeon offered that there have been a lot
of accidents on Elmira Road. Ms. Sturgeon said that she keeps flares
in her home for when accidents happen on Elmira Road, commenting that
it is a dangerous area. Ms. Sturgeon stated that she felt it is not
a safe area for a restaurant, unless a traffic light is installed,
and more amenities of the City are offered. Ms. Sturgeon stated that
she did not plan on the neighborhood changing, as she liked it the
way it was when she purchased her home; now people are buying land
with definite plans to change the neighborhood.
At this point, Chairperson Grigorov read into the record a letter
from Elsie McMillan.
"June 4, 1991
TO: Zoning Board
Town of Ithaca
40 FROM: Elsie McMillan
812 Elmira Road
Ithaca, NY 14850
I learned about the hearing tonight (from a neighbor) too late to
change plans and attend. The item of a proposed barbecue stand is
the one of particular concern. Although I, myself, would not be
likely to be affected by such a business at that location, I wish to
show support for my neighbors - and there are several households -
who are sure to be affected. I strongly oppose the use of the stand
for a barbecue business unless the odor, smoke, and traffic caused
by it is kept to a level satisfactory to the close residents. After
all, they were there first! If permission is granted, with
restrictions, I hope provisions for enforcement of the restrictions
will also be provided for.
To be sure, the area is zoned for business, but there are many
business uses for the site that would not be opposed by those living
nearby. Business zone or no, I believe the right of the residents to
an environment at least as wholesome and pleasant as it has been for
the past twenty or thirty years should not be jeopardized for the
first business proposal that comes along. The owner of the barbecue
business will not be living there. Many long -time residents will.
Those are thoughts I would have expressed in person had I been able
• to attend the hearing tonight.
Elsie McMillan"
• Planning Board Excerpt (5) June 4, 1991
• At this point, George Sheldrake read into the record the
following letter.
"Mr. and Mrs. Dane Cruz
713 Elmira Rd.
Ithaca, New York 14850
(607) 277 -0880
June 2, 1991
TO WHOM IT MAY CONCERN.
Due to a previous, engagement my husband and I are unable to attend
tonights meeting to discuss the proposal of a barbeque drive -in near
our home on Elmira Rd. We live within 200 feet of the proposed site
and feel that we must state our position. A cooking establishment,
of any sort, this near to our home would be most bothersome. The
smoke created by cooking would be in direct line with our open
windows and porch. My 85 year old father lives with us and my
concern entends to his health and comfort. It is impossible to
believe that this establishment could be accomplished without
continual disruption and discomfort to our home.
It is therefore our request that that the proposal be denied. Thank
you for your consideration in this matter.
• Sincerely,
Helen Littleton- Cruz"
Robert Miller, of 823 Elmira Road, spoke from the floor and
stated that he just heard about the proposal the other day, and
questioned the fact that, if this is a business zone, it does allow
the proposed operation. Chairperson Grigorov answered, yes, a
restaurant would be legal and no variances would be necessary.
Harley Steffy appeared before the Board and stated that he was
representing Sybil Phillips, a homeowner on Elmira Road who is a
stone's throw away from the proposed project. Mr. Steffy stated that
Sybil is allergic to smoke, and this would be an extreme hardship on
her. Mr. Steffy, referring to grease, wondered what percentage of it
the filtering system removed from the air. Mr. Benjamin replied that
he did not have it on the tip of his finger, but it is certainly not
100 %, but probably it would be 50% to 60 %. Mr. Steffy wondered how
far the prevailing winds would drift the remaining grease. Mr.
Benjamin responded that he did not know. Mr. Steffy felt that it
would be at least the distance that a stone could be thrown. Mr.
Benjamin stated that Mr. Steffy's concerns about the smoke, grease
and the odor, are best understood by looking at other establishments
that have fairly sizable cooking areas and look-to see what comes out
of their exhausts. Mr. Benjamin stated that the NFPA Fire Codes have
to be followed when being involved with restaurants. Mr. Steffy said
• that he thought any restaurant is a fire hazard. Mr. Steffy stated
Planning Board Excerpt (6) June 4, 1991
• that he felt the proposed project would cause undue hardship on all
the people that reside in that area.
Town Planner Floyd Forman, directing his question to Mr.
Baldassarre, asked Mr. Baldassarre to go over traffic numbers that he
expected to generate being open on weekends. Mr. Baldassarre
responded that he predicts the average person would pick up 2,3, or 4
chicken halves. Mr. Forman noted that there could be an average of
300 people, and most of those people would come in between 12 :00 noon
to 2:00 P.M. Mr. Forman wondered, picking a peak hour of 12:00 noon
to 1 :00 P.M., how much traffic would the applicant expect to generate
in that peak hour. Mr. Baldassarre responded that he could not
honestly say; he did not know. Mr. Forman, pointing to the map, said
that people would be driving down "here ", turning across traffic and
into the chicken stand for lunch, then heading back out "here ", again
cutting across traffic, then back down to the State Park. Mr.
Baldassarre said that not everyone would be going to the Park. Mr.
Forman said that he understood that, but part of the draw in the
summertime would be that the stand would be open on Saturday and
Sunday. Mr. Forman said that when trip generation is figured, the
number is doubled, so when the number is 300 people that would be 600
trips; meaning one trip in and one trip out. Mr. Forman wondered if
he was being fair in stating that much of the business would take
place between 11 :00 A.M. - 12:00 noon and 5 :00 P.M. - 6:00 P.M. Mr.
Baldassarre said that is right. Mr. Forman wondered if a tractor
trailer could pull into the stand, swing around, and pull back out.
• Mr. Baldassarre indicated on the map how the tractor trailer could
maneuver. Assistant Town Planner said that the amount of traffic
added to Elmira Road probably may not be a lot, the problem is in the
turns. Mr. Forman stated that Othat was the point he was trying to
make. Mr. Forman said that it wasn't so much the traffic numbers
that were at all disturbing, it was just the cutting across traffic
that raised an issue that should be dealt with by the Board.
Dooley Kiefer, member of the Conservation Advisory Council,
stated that the sight distance at that location is not very good,
commenting that she felt that a business that generates less traffic
might be appropriate for that site, and not a business that generates
lots of traffic. Ms. Kiefer wondered if the Planning Board had it in
their discretion to deny certain types of business in a commercial
zone. Chairperson Grigorov responded with, not arbitrarily, no.
There appearing to be no one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
and brought the matter back to the Board for discussion.
Virginia Langhans asked Mr. Baldassarre what he is going to do
about water. Mr. Baldassarre responded that he would have a 1000
gallon underground water tank and have water delivered to the site.
Ms. Langhans wondered if that would be enough water for a sprinkler
system. Mr. Baldassarre answered, yes, there would be enough
• pressure. Dan Walker said that the Town Zoning Officer Andrew Frost
would be looking at that from a fire standpoint.
• Planning Board Excerpt (7) June 4, 1991
• Chairperson Grigorov stated that the problems facing the Board
are the odors and the traffic. Mr. Baldassarre said that he would be
open Friday, although not every Friday, probably just July and
August. The applicant noted that he would be open Saturday and
Sunday and holidays. The applicant said he would not operate the
stand during the week. Mr. Baldassarre stated that he had originally
asked for 85 -90 days out of the year.
William Lesser wondered if the Town planners could give the Board
some idea of the traffic impact, especially on the weekends. Mr.
Lesser said that he felt the traffic pattern during the week was
somewhat predictable, but the weekend traffic should be researched.
Assistant Town Planner George Frantz said that he does not have any
weekend traffic data for Elmira Road, but during the weekday the
average daily volume is in the range of 13,000 to 14,000 vehicles per
day. Mr. Frantz said that the weekend traffic is probably higher
than the average road simply because of the presence of the State
Parks. Ms. Langhans said that Elmira Road is one of the entrances
into the City of Ithaca.
Town Engineer Dan Walker said that one aspect of traffic is that
right now there is Earlybird Farms, the Veterinarian, and the three
motels which are all within about a mile, plus the Eddydale Farm
Market which is about 1/2 mile down, plus a fair amount of traffic
that comes out of Seven Mile Drive, the Town Highway Garage is on
Seven Mile Drive, the County Highway Garage is on Bostwick Road, and
• any County traffic that is going south would take that road, adding
that there is a significant traffic problem there right now. Mr.
Walker said that it is a "congested" problem and the Town Highway
Department usually responds, if there is anyone there, to assist with
traffic control immediately. Mr. Walker noted that the amount of
traffic the proposed establishment might generate is probably
comparable to what happens at the farm markets during the Spring busy
season. Mr. Walker mentioned the Veterinarian's Office in that there
have been traffic problems there because there is very poor sight
distance from the driveway right across the street. Mr. Walker said
that the proposed establishment may increase the problem by 100, but
there would have to be a pretty in -depth study really to determine
how much worse this makes the problem. Mr. Kenerson mentioned
Stellar Stereo, Mr. Walker responded that they are fairly low
volume. Mr. Walker stated that he is concerned about traffic in that
area because the Town enters and exits Seven Mile Drive with slow
moving vehicles in that area, especially in the summertime, adding
that the Town has been talking with the State to solve that problem.
Assistant Town Planner George Frantz stated that he checked the
sight distance regarding the proposed chicken stand and noted that
the shortest sight distance is to the south, toward Elmira, and it
was somewhere between 400' to 5001. Chairperson Grigorov wondered
what was considered okay for the 50 mph speed limit. Mr. Frantz
responded that it is within the range. Mr. Frantz reported that the
• sight distance to the north is 1000' or more. Board Member William
Lesser wondered if, this matter aside, it is possible, if the Board
.agrees, to ask that some kind of traffic study be done, because this
Planning Board Excerpt (8) June 4, 1991
• sort of request is coming up more and more frequently, and there is
not a lot of traffic!'information to work from in making a judgement..
A voice wondered what kind of traffic study. Mr. Lesser responded,
for one thing, weekend traffic is being discussed. Ms. Sturgeon said
that Saturday traffic is horrendous, and Sunday, from about 11:00
a.m. until the State Parks close is also horrendous. Mr. Frantz,
answering Mr. Lesser's comment about a traffic study, stated that one
option the Board has is to make a Positive Determination of
Environmental Significance based on potential adverse impacts of
traffic, then direct the applicant to look into a potential impact of
traffic, including what the traffic volumes are, by the hour, on the
weekends, and what would be the lefthand turns into the site, along
with the righthand turns, then come back to the Board with that
information. Board' Member Stephen Smith stated that that would be
rather difficult. Mr. Frantz also mentioned adding any other
potentially large impacts. Chairperson Grigorov stated that the
other problem, of course, is the odor.
At this point, Chairperson Grigorov referred to Mr. Frantz's
Planning Board meeting notes -- 6/4/91 on Minnie's BQ, which are
attached hereto as Exhibit #20
Chairperson Grigorov wondered - when the winds are prevailing
winds, does that mean the direction the wind is blowing. Mr. Frantz
replied, yes.
• Mr. Lesser wondered if anyone was familiar with an operation such
It
as the one proposed here looks like with fans, commenting that
everyone is familiar ° with McDonald's and Mano's type operation.
Chairperson Grigorov° stated that the proposed stand will be open on
one side. Mr. Lesser stated that it was hard for• him to envision
what an open barbecue pit would be like, and if it would be a major
problem or no problem';at all with the smoke. Mr. Lesser wondered if
there was anything in the area at all like the proposed stand. Mr.
Baldassarre replied, no, there are other barbecue pits around, but
none that look like the proposed one; the others are all open, adding
that his stand would be closed on three sides. Mr. Frantz,
commenting on the odor problem, stated that it happens in all
restaurants; on a warm day especially, one can be driving down
Spencer Road which is directly behind Elmira Road, and smell the
odors from the restaurants along Elmira Road. Mr. Frantz stated that
odors are very common in areas where there are restaurants, and,
frankly, he did not know how one can eliminate odors. Mr. Lesser
stated that he didi not think the odor can be eliminated, but it is
just hard to visualize because most restaurants do not have a 30 -foot
charcoal pit. Mr. Baldassarre said that he would not always be using
a 30 -foot charcoal pit, he would start out with a 20 -foot charcoal
pit.
Virginia Langhans offered that the problem is that even though
the site is zoned commercial, a restaurant is being constructed in a
• residential area. Mr. Smith asked Mr. Baldassarre how much of a
savings he envisions by using the existing structure. Mr. Smith
asked Mr. Baldassarre how valuable the structure was to him, because
Planning Board Excerpt
• it seems like a fair amount of
Smith wondered if it would
Mr. Baldassarre stated that he
(9) June 4, 1991
work would have to be done to it. Mr.
be better to put a new structure there.
did not think so.
Stephen Smith mentioned strip development. Mr. Lesser stated
that he is hesitant to support something when there is potential of a
traffic matter, which '!he, personally, has no real knowledge of,
except for the personal experience of driving through there sometimes
on summer weekends. Mr. Lesser said that he is reluctant to commit
the community, and certainly the people who use that road and live
there, to something like the proposed use that may be appropriate and
it may not, he really,did not know. Chairperson Grigorov stated that
the problem is that it is a legal use for this area so that makes it
a little bit different than if it were something that needed a
variance.
Board Member Judith Aronson, commenting on the suggestion Mr.
Frantz made, asked if we could have a Positive Determination rather
than a Negative one, because most of what has been addressed falls
within the environmental area, whether it is traffic, odors, or
safety. Mr. Lesser wondered about a traffic study, and if it would
necessarily be revealing,- and to put the applicant to the delay and
expense of a fairly thorough traffic study for summer weekends, would
the Board likely be,in a position where they would be able to make a
substantially better decision at that point than they could have.
Ms. Langhans noted 'that the Board would have to wait for the summer
weekend. Mr. Frantz stated that the Board would be in a positon,
based on the information available in the traffic study to: Number
One, identify whether or not there are any problems from the
development, then if there are no problems identified in a more
detailed traffic study, then fine, go ahead and approve the project
based on that additional knowledge that the Board has, adding, on the
other hand, if the report study does identify problems then the Board
has something to refer to in mandating mitigating measures to the
applicant. A voice wondered how many measures could possibly be
mandated. Mr. Frantz responded, lefthand turn lanes and stuff like
that. Chairperson Grigorov wondered if there were any mitigating
measures for the traffic. Mr. Frantz responded, yes, there are a
number of design measures that could be incorporated any time, if
needed. Chairperson Grigorov said she did not mean anything on the
road, but wondered if there was anything the applicant could do on
his site. Ms. Langhans stated that a traffic lane would still have
to be crossed. Town Engineer Dan Walker stated that he thought a
traffic study would show something that is already pretty much common
knowledge among the State Transportation Planners, that, regarding
the capacity of Elmira Road as a major thoroughfare and as a local
road, those two uses are in conflict just based on existing usage
there now, i.e., the existing turning movements. Mr. Walker said
that at least a three lane road would probably be a suggestion from
the State Traffic Engineers to mitigate existing problems on the road
now with the existingiicommercial and motel uses in that area, along
• with the turning movements, adding that just Seven Mile Drive alone,
and Five Mile Drive farther down the line, are both problem
intersections. Mr. Walker said that one design the State was trying
Planning Board Excerpt (10) June 4, 1991
to push through involves a four -lane bridge and a four -lane roadway,
. but there is a major funding problem, and that is why there is not a
four -lane road there now. Mr. Walker offered that at one point the
State was planning on the roadway construction all the way out to
Shady Corners, but that project has been pulled back. Mr. Walker
stated that a traffic study would show what is already known.
Virginia Langhans agreed with Mr. Walker. Mr. Lesser wondered, from
a traffic study, would it be possible, looking at those numbers, to
substantiate a problem. Mr. Lesser wondered if there was a
significant problem there at this time. Mr. Walker responded with,
yes, one is going to see a problem with turning movements off that,
and that could be proven by the problems with turning movements onto
the existing facilities that are on the other side of the road now.
Chairperson Grigor,ov wondered if there was a way to prove there
is not a problem. Mr. Walker said that a traffic study can be done
and prove that no one has any trouble turning and the traffic does
not back up, and there are never any accidents, but a study like that
would be questioned. Mr. Walker stated that in his professional
opinion there is a traffic problem out there. Mr. Lesser, directing
his question to Mr. Walker, wondered if, in his professional opinion,
would this proposal,° as the Board understands it, exacerbate that
problem notably? Mr.;yWalker responded that Mr. Lesser's question was
very subjective. Mr. Walker replied that, if there are existing
traffic problems out there, it could be shown how traffic backs up,
how people go around on the shoulders, and the evidence of the
• shoulders breaking down. Mr. Walker stated that he has observed,
informally, that a study would come up with an answer that there is a
traffic problem with additional turning movements out there; it is
creating additional 'traffic congestion problems there. Mr. Walker
noted that it is a 50 ,,mph zone, but everbody drives 65 mph.
Chairperson Grigorov wondered if traffic would prevent someone
from putting a business on Elmira Road. Mr. Walker responded that
the traffic is why someone would want to put a business there. Town
Planner Floyd Forman stated that what Mr. Baldassarre is proposing is
probably the most intensive use, adding, in order to make a go of the
business he is going to have to sell an awful lot of chicken. Mr.
Forman cited a car dealership, for example, where a few people are
coming in and buying a large object, but Mr. Baldassarre has to sell
an awful lot of small !'inexpensive items in order to survive, and they
are doing it rather quickly to come in and out. Mr. Forman offered
that it is the numberilof people that have to make those movements in
and out of traffic; it's one thing again, a car dealership or a large
object where a few people are going to come in, and if ten cars are
sold a week the ildealership is probably doing okay, but Mr.
Baldassarre, as he put it, has to sell 500 -700 chickens per day on a
weekend in order to make a go of it, so there are a large number of
people making those turning movements. Mr. Lesser noted that any
sales are concentrated within just a small portion of those days.
• Alfred Eddy, ofiEddydale Farm Market, offered
car will purchase 20 chickens. Mr. Eddy commented
traffic on Elmira Road is Sunday morning. Mr. Eddy
that sometimes one
that the least
commented that no
•
•
Planning Board Excerpt (11) June 4, 1991
one
has
made
the
Seven
Mile
Drive turn as much as he has in the last
25
years;
he
goes
home,that
way.
Virginia Langhansp stated that it sounds as though it is going to
be difficult. Mr. Lesser stated that it sounds to him that some
traffic information is needed, but he did not know if the applicant
wants to go to that trouble and expense. Chairperson Grigorov stated
that she does not wait the Board to just use that as a cop -out. Mr.
Lesser said that is 1,not a cop -out if the. Board asks for it.
Chairperson Grigorov pstated that it should really be considered
whether it is worthwhile.
Judith Aronson wondered if it was being suggested, in the absence
of a Positive Determination, that the Board really has no
alternative. Chairperson Grigorov responded, no, she was not
suggesting that. Robert Kenerson stated that it did not sound as
though things were going any place.
Mr. Kenersonil MOVED that the application be denied.
Chairperson Grigorovi stated there really has to be some good
grounds. Attorney Barney stated that if it is going to be denied
SEQR does not have to be dealt with. Mr. Kenerson stated that, even
though it complies, itljis not, apparently, going to be a satisfactory
use, such as: safetiy use, disturbance in the neighborhood; we have
said it all. Chairper "son Grigorov stated that it has to be very
specific because this is a legal use. Mr. Kenerson stated, yes, it
is a legal use, but the way the legal use that is being applied here
is with the increas''ed traffic loads and the impact on traffic, and
the impact on the neighborhood from odors and grease, etc.
Attorney Barney summarized what was said, indicating as follows:
first, upon the finding that the traffic turning moments here of this
particular use which would involve a considerable amount of traffic
to sell the volume" of the product that is being sought here would
create a significant traffic hazard on Route 13, and second, that the
use of the fans doves not eliminate the odors and the odors would
constitute a significant deleterious impact on the people in the
surrounding vicinity, and third, that it is not really possible to
design a site here that would accommodate the turning movements of
JI
the cars in such a way that it could.be done safely.
Attorney Barney lisuggested that these could be findings, and if
the Board approved of them the Board would be suggesting or moving a
denial of the site plan approval. Mr. Kenerson agreed with Attorney
Barney.
Chairperson Grigorov noted that there had been a motion made, and
wondered if anyone wanted to second the motion.
Judith Aronson SECONDED the motion.
Mr. Lesser wondered if the Board was
• for making a finding with no specific data.
that he thought the Town Engineer had
vulnerable on the traffic
Attorney Barney stated
indicated that there is a
•
•
Planning Board Excerpt (12) June 4, 1991
significant problem there already, and there has also been testimony
from a number of people in the audience. Stephen Smith wondered if
the absence of water and sewer would have any bearing on this?
Attorney Barney stated that that would be another finding and
probably should be included because, at present, there is no public
water and public sewer. Chairperson Grigorov asked if there was any
further discussion. Chairperson Grigorov asked for those in favor of
denying approval. Chairperson Grigorov asked that all those in favor
of denying approval do so and signify aloud by saying Aye.
Chairperson Grigorov ilnoted that no one opposed and there were no
abstentions. Chairperson Grigorov stated that the motion was carried
unanimously.
Mr. Baldassarre asked if he would receive a copy of the denial in
the mail. Chairperson Grigorov answered, yes. Stephen Smith
apologized for the matter taking so long.
The following resolution was adopted by the Planning Board.
RESOLVED, that, in the matter of the Consideration of Site Plan
Approval for the proposed "Minnie's BQ", consisting of the conversion
of an existing structure to a restaurant -type operation including
if
il
landscaping and parking lot improvements, on a site on the southeast
side of Elmira Road (NYS Rte. 13) approximately 250 feet southwest of
its intersection with Seven Mile Drive, Town of Ithaca Tax Parcel No.
6- 33- 2 -7.2, Business if "C" District, the Town of Ithaca Planning Board
deny and hereby does deny the requested site Plan Approval upon the
following findings:
1.
2.
3.
4.
that the 600 -plus daily traffic turning movements required to
sell the volume ofIproduct needed, according to the applicant, to
make the operation feasible would involve a considerable amount
of traffic and would increase dramatically an already hazardous
and over - burdened situation on NYS 13 at the proposed site;
that using the fans proposed would not eliminate the odors, and
those odors would constitute a significant deleterious impact on
the people in to surrounding vicinity;
that it is not 'really possible to design a site that would
accommodate the turning movements of the cars in such a way that
they could be done safelty without significantly altering the
highway itself which cannot be done without the State designing
and agreeing to such alterations, and
that, at present; there is neither public water nor public sewer
available.
(Roll call vote: Aye - Aronson, Baker, Kenerson, Langhans,
Lesser, Smith, Grigorov. Nay - None.)
Chairperson Grigorov declared the matter of the Consideration of
Site Plan Approval forliithe proposed "Minnie's BQ", duly closed at
9 :39 p.m.
•
•
Planning -Board Excerpt
Mary
S(I
Bryant
,,//Reco
Town
of
Ithaca
Plann
7/12/91
(13)
g Secretary,
Board.
June 4, 1991
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I It lteej; outside Joints cont nuous externally he larc wel(�ed ancr oli "shed: AI exposedsur-
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+I+(1 QQt t + ! 11 'tl 1. i O! ( r .' II h + 1' 1 I I t ti t 1;
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S Cl Il ALVANIZED Sl�li
M
AC - ' �) A N, GRE -ASE I f ly
CrA
r aces assure rapid, �J e
))s. Meanwhile, the
tiller and 6p 1hrough
SIFICATION BY UNDERWRITERS LABORATORIES, IIIC. AS 10
Y AFTER EXPOSURE TO GREASE LADEN AIR
C
,
All
0
I
The Type ACRU -D ant:�
tfeen designed espec�al
Incorporate an altimlrrliil
weathertight comparllj E
The Type VCR Lip -bias
boillmn ppinning to krei
VCH Is U.L. approved lc
illators are AMCA ceillf
When s ecifying VCR
The Type VCR Is ails I a
VVhen specifying VCR v
VENT
TUDE
Ifl
,n . .. .— ... -.. ...._._.
i
Eli, Drive
. ... ! .. .._ �.__.. r _ • he J,i;LAI LI . ._f � ...
8 '•& HIV SUlal'I_Y
510 T {1ird si.
r 1
Ithaca, NY 1x850 �
(607) 273- 53 0
ROOF VENTILATOR
ilb -blast roof y6htilators are available in either direct or Bell drive. These ventilators have
to w tlere li is necessary to eject fuhies up al d away frciir� the building. .These units
f1 �ncne , non - overloading centrifugal wheel. Th mo 8 and 'drives are enclosed In a
cool!ed y alrttubes from an area free of conla`niria do 11 ies.
nillator Is designed for COMMERCIAL KITCH A�" _�CA -•10 S and features a one piece
lase leakage. The VCR Is belt drive only and has tit alma lea fires as jhe ACRU -B. The
Illon up to 300 0F. Type VCR Is available In sizes 1211 hibl1g`h 4490 belt cj�lve only. These ven-
t alr and sound.
fills S' Ubstltutt3 V In the catalog number for R ( xarli', a 12QV2B
'I IIr1 I . 'II I : 66111
I as a 'square base wall mount unit in sizes 12 tllioll It 345 drive only.
nil tliflls add "W" to model number (Example 120V2C Wj.
- T
-- B ----- ...._...._..
Sr ..
1i
_" . \
--,- X11- _ —I_ --
I_.- ^r
C
C
l
�h
4 C
� � q
ease Ter l`mi'naior
dialn of,.lhe VCR
!� absorb grease
from commercial
l`on. See page 60
iormalion.
f
ACRU -D DIMENSIONAL.
DATA
DATA
-- - - - - -- --
ACRU -B
APP "x.
Ship "d.
Size
Shpg.Wt.
hpg.Wt.
r_�..
D
G
T -Slj.
:S
wt.
70
.. -A
11
7
] I
..._.. -
5: (9
--
2
lit
-
20
90
-
21
661
..
7. 1142
.... _.
.. _ .18 _ ..
�8
..... ..-
28---
100
_13.112_
- -2 - -_
h1t8_
7= 1
2
17-13/16
30
120
_13112
1
2
-
8
_
20
_18_
_
2
20
67
IB
2� {51
38- 18
:t118
2
20-
60_
66_
150
19 -718
35
18
20 -511
-�
2
- 24
_17_3116_
30. 18
24 {13116
-_ -_ 9 -
2
2N. --
-- 72 -
_ _
_135_,_17-'13/16_
24_
-
38-
-
5116
f(0
-
—24 -'
--
-87
150
-718_
18
35. 18
20
29518
_
2
24
90
165
_19
19.318_
11111 18
38-t;1F
2-
2
_90
180
-
22.718_
({•
18
1
-
- - -23 --
-102 -
d,
lid,
ACRU
-BIVCR DIMEWS10 AL
DATA
1,
ACRU -B
VCR
Shpg.Wt.
hpg.Wt.
Size
A
B
C
17
t3
Ti
Leaa_s Mtr
Less Mir
-
-
-
2Q 711
6.5118
2
18_
30_
NA_
100
15-1/16
25-'18
120
17-13/16
30
18
24.1
1
2
_
20
`55
61
135
17_13116
3(�-
IB
2� {51
6
8
2
20-
60_
66_
150
19 -718
35
18
20 -511
-�
2
- 24
_
70
77_
165
19 -318
IB
29 51
_ _
2
24_
75_
83
180
22.718
_35•
q8.
18
38 51
_
2
2
^24_
_
ILL
-
-
-
_
--
_90
�95
22.718-
({•
18
1
-
2
100
d,
lid,
!
210
25 -112_
-I-;
45-
IB
.!.
3 -51
_
_
_
-
3
_24 _
30
220
225-
25 -112
it-
.
/8
51
5
3
_200
220 -
242 -
-
245
-
27.11116
-
49.
--
/8
rL 5 TI
_
16 -318
3
_30_
30
240
-
-_264_
270_
28- 1116_
18
37.31(
_
18tl -
_3_
__..36 --
-_ -260_
286,
300
33 -7116
_d0:.
5
/8
J -11
-
_1
2U
3
36-
300
336
5
18
4 4.71)
22
3
4z
365 -
374
330.
33.11116
35.15116
6
18
4&51d_
_
-318_
3
42
_
380-
420
365
6
18
6.4.1116
_2__d
3
_
48
_
402
37.7_116
445
42 -7_116
78.
18
1;1:71
tj
_'27
28 -7/8
3
54
_440_
500_
_484
490
44 -3_116
78-
18
86 -11
8
32-7/8
_
54
-
_556-
'sizes
121d Iiilii
_3
_650
-7_15
VCR is
available
In
490
�elt
Drive
only.
rs%'i+ -y44r The type Acnu -p, A� fl� LI p loot Ventilators are available as
Underwi tars' Labo ai He loot
models. When listed 'models
111 \ / are requ�recJ, a .ecl y (ta Acl`106 or ACRtieU.
` Y •• I t I 1 - r' : I:: II di I. I I , I I I
The +ype VC oo Vehtlialois afe UL Isted for the removal
of smoke alit, ordase lado t vaprirs. tYZII-1W, 762)
1135331 keel Nalionai hre pr Iecllon Standard MFPA 96.
nmco ofen cooly Cc!!Ta
n"1°rn �iOlson arp Iced ei
ad bn to Pq �naifiil I
6labdar.Jfgit) aild I
r°iro 8601101 l'iou" all i.'
TFi9 soon rating
ca� r t 3001 1 esl Sol,
is La cli of 5 lee! 1
301.
9
-'1
I
i
,I I � � I I•, r I
cerli Les that the ACRU -D, ACRU -BIVCR sown,
o befit the AMCA Seal. The ratings shown are has -
accorrlynce with AMCA Standard 210 land AMCA 4.
imply with the requlremrints of the AMCA Certified
l rli Iri; t'ii.11 fir
own ere oblalned In accordance with AMCA Slan
Num ier 2A. Loudness values Iri cones at a;hl .IIr f
re ca i:iilated In accordance with AMCA Slandard
I
I
1,
,I I � � I I•, r I
cerli Les that the ACRU -D, ACRU -BIVCR sown,
o befit the AMCA Seal. The ratings shown are has -
accorrlynce with AMCA Standard 210 land AMCA 4.
imply with the requlremrints of the AMCA Certified
l rli Iri; t'ii.11 fir
own ere oblalned In accordance with AMCA Slan
Num ier 2A. Loudness values Iri cones at a;hl .IIr f
re ca i:iilated In accordance with AMCA Slandard
I
J
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1747
TO: Planning Board members
FROH: George R. Frantz, Acting Town Planner
DATE: May 30, 1991
RE: Planning Board meeting -- 6/4/91
A few items regarding the meeting agenda:
Cornell University Tennis Facility,
Priscilla Noetzel- Wilson of Cornell University will present the
University's plan for a tennis center on Pine Tree Road north of
the Equitation Center. This will be a sketch plan review intended
to afford the Planning Board an opportunity to. review the project
and comment on it. At this time Cornell has no set timetable for
bringing the proposed'' facility to the Town for Special- Approval and
construction. However because of the interest generated by the
proposal over the past several months, the University feels it is
appropriate to present it to the Planning Board now for informal
review.
Minnie's- g
The applicants have returned to the Planning Board with additional
information regarding the ventilation system and a revised. site
plan as requested by ;`the Planning Board -on April 16. I have also;
spoken with Hoyt Benjamin of B &W Supply, vendor of the ventilating
equipment, regarding its capabilities.
The exhaust system proposed, as I related to you at the April 16
meeting, is expected to address the potential problem of smoke.
However it is not expected to be effective in °eliminating potential
cooking odors from the exhaust.
There are a couple of factors which may reduce the potential for
any adverse impacts on the surrounding properties due to odors.
The first one is that the exhaust from the pit will be directed
upward into the atmosphere by, the fans of the exhaust system.
Also, because of the orientation of the site and Elmira Road, the
prevailing northwest winds can be expected to disperse the exhaust
in the direction of the barn and undeveloped area to the southeast
of the site.(see aerial photo in packet)
Hasbrouck Apartments.
The Zoning Board of Appeals on Wednesday, May 22 granted Cornell
University the variances related to the proposed expansion of
/,