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HomeMy WebLinkAboutPB Minutes 1999-05-04A 1 0 MAY 44 1999 FILED -- TOWN OF ITHACA Date The Town of Ithaca Planning Board met in regular session on Tuesday, May 4, 1999, in the Tompkins County Human Services Building, First Floor Conference Room, 320 West State Street, Ithaca, N.Y. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Robert Kenerson, Board Member; James Ainslie, Board Member; Tracy Mitrano, Board Member (8:03 p.m.); Larry Thayer, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town; Dan Walker, Director of Engineering (9:04 p.m.). EXCUSED: George Frantz, Assistant Town Planner, ALSO PRESENT: Muriel Brink, 206 Tudor Road; Diana Yee, 206 Tudor Road; Lois Kingsbury, Town of Dryden; Bruce Brittain, 135 Warren Road; Ellen Schmidt, 8 Genung Circle; Oskar Schmidt, 8 Genung Circle; Robin Schmidt, 8 Genung Circle; Hollis Erb, 118 Snyder Hill Road; Robert Kuehr, 1150 Ellis Hollow Road; Elizabeth Harness, WHCU Radio; Dorothea & Merritt Queen, 117 Terraceview Drive; Gordon Rowland, 1166 Ellis Hollow Road; Amanda Ufford, 147 Honness Lane; Gregg Bell, 113 Penny Lane; Robin Seeley, 332 Hurd Road; Mary Squyres, 383 Hurd Road; Elizabeth Schryver, 547 Ellis Hollow Creek Road; Herbert Schryver, 547 Ellis Hollow Creek Road; John Murray, 95 Brown Road; Doug Clearo, 95 Brown Road; Kim Martinson, Cornell PDC; Harry Ellsworth, 152 Honness Lane; Rev. Culver Mowers, Brooktondale; Peter Demjanec, Demjanec & Associates; Andrea Riddle, Montessori School; Pam Quinlan, Montessori School; Mike Stubbs, Ithaca High School; Bill Seldin, 120 Northview Road; David Herrick, T.G. Miller, P.C.; Elizabeth Livesay, 785 Snyder Hill Road; Lucia Armstrong, 121 Honness Lane; Beverly Livesay, 147 Snyder Hill Road; Bruce Turnbull, 118 Pine Tree Road; Nancy Winemiller, 148 Pearsall Place; Martha Robertson, 1655 Ellis Hollow Road; Paul Smith, 1482 Ellis Hollow Road; Jeri Cheraskin, 1760 Slaterville Road; Morton Hatch, 696 Snyder Hill Road; Kyra Stephanoff, 8 Fox Hollow Road; Stephen Keast, Hurd Road; Kristof Ostland, 13 Ringwood Court; Chris Grippin, 875 Snyder Hill Road; Peter Salton, 206 E. Upland Road; Gerald Wolfe, 474 Snyder Hill Road; Cindy Kramer, 207 Bryant Ave; Faith Chase, 100 Comfort Road; Peggy Walbridge, 123 Hunt Hill Road; Robert Fischer, 135 Pine Tree Road; Frank Baldwin, 149 Pine Tree Road; S.M. Blackler, 14 Nottingham Dr; Antone Blackler, 14 Nottingham Dr; Bruce Grannan, 176 Genung Road; Cande Carroll, 176 Genung Road; Nickolas Bellisario, 1172 Ellis Hollow Road; Robert Chase, Ithaca NY; Lauren Bishop, Ithaca Journal. Chairperson Wilcox declared the meeting duly opened at 7:31 p.m., and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on April 26, 1999, and April 28, 1999, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on April 26, 1999. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) R a , PLANNING BOARD - PAGE 2 MAY 411999 APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox 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. Chairperson Wilcox stated Tompkins County is allowing the Town to use the building. They asked that no one enter or exit through the emergency exits unless instructed to do so in an emergency. They request there be no food or drinks. The Town will have an employee at the front door to make sure people can enter and exit because the County has requested the door remained locked. Chairperson Wilcox opened this segment members of the'public wished to be heard. of the meeting at 7:33 p.m., and asked if any With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:34 p.m. OTHER BUSINESS. Attorney Barney stated they received an application to obtain permission from the Court of ii Appeals to appeal the Mecklenburg Heights /Linderman Creek decision to the Court of Appeals in the State of New York. This is the highest court in the State of New York. Chairperson Wilcox asked if this meant the second highest court in the State of New York ruled in the Town's favor. Attorney Barney responded yes. The decision of the lower court was reaffirmed. There is a request for permission to appeal to the Court of Appeals of the State of New York. The application will be heard May 24, 1999. The court will then decide if they will allow the appeal. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed reconstruction of Campus Road, between Tower Road and Caldwell Road, to consist of rebuilding and realigning that portion of Campus Road, modification of the entrances to B Lot parking area to. reduce the number of curb -cuts on Campus Road, modification of the intersection at Caldwell Road, addition of bicycle lanes, revision of the sanitary and storm sewer system, and installation of the lighting and landscaping. The project site is located off of Dryden Road (Route 366), Tax Parcel No's. 63 =1 -2.2, 63 -1 -12, 63 =1 -119 63 =1 -131 67 =1 -10.2, and 67 =1 -10.6. Residence District R -30. Cornell University, Owner /Applicants Kim Martinson, Agent. Chairperson Wilcox opened the public hearing at 7:35 p.m. Kim Martinson, Cornell University PDC, stated the plan is to rebuild Campus Road and modify curbing to allow for bicycle lanes. There will be two driving lanes and two bicycle lanes. B Lot will be modified. There will be four entrances for safety purposes. In doing this, a driving lane will need to be built inside the lot. This will improve traffic flow within the parking" lot. Other portions of the project include extending the sidewalk and lighting on the north side of the road towards Caldwell Road. it 9 PLANNING BOARD -- PAGE 3 MAY 4, 1999 APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED The project will be bid as an alternate. The emergency access drive to the Poultry Virus Building is for an emergency entrance only. Board Member Hoffmann asked which of the existing curb sections would be removed. Ms. Martinson responded they are planning to remove the curbing at the end of each bay. This will allow for a 22 foot driving lane within the parking lot. Larger islands will replace the existing ones. Board Member Hoffmann asked about the alternates on Sheet 15. She did not see anything in the text. Ms. Martinson replied the reason there are alternates is to break up the cost for the driveway. The second alternate is the curbing along Caldwell Road which is being coordinated with the Town of Ithaca. It is not certain to occur. It depends upon the cost from the contractor. Board Member Hoffmann asked if the Town and Cornell University have come to a conclusion on cost sharing. Ms. Martinson stated that negotiations have been going through Bill Wendt, the Director of Transportation. The negotiations are not directly connected to the project. Jon Kanter, Director of Planning, stated the Town has been^ having discussions with Cornell University, The Town feels there are some appropriate portions of the Caldwell Road project that involve the intersection with Route 366. The Town's plans for Caldwell Road have been revised to not include a turning lane at Campus Road. It was thought better to keep it as a narrower roadway. They have retained the turning lane at Route 366 where the new traffic light has been installed. There are some reasonable relationships of that part of the Caldwell Road project with Cornell. There are positive discussions going on with Cornell. The board will need to discuss whether or not it should be a condition in the resolution. Chairperson Wilcox asked if any member of the public wished to be heard. Bruce Brittain, Forest Home, stated his concern is with Caldwell Road, Caldwell Road was ii going to be three lanes wide and is now down to two. The drawings still show Caldwell as three lanes wide. The drawings need to reflect that Caldwell will be in a different location than anticipated. Sheet 15 does not have Caldwell Road identified and does not have the dimensions. It is shown three lanes wide coming down Campus Road and tapering towards Tower Road. With no other persons to be heard, Chairperson Wilcox closed the public hearing at 7:44 p.m. Board Member Hoffmann stated it is frustrating when drawing are not updated. Board Member Thayer stated it is difficult to see, but it appears to be two lanes wide. R PLANNING BOARD PAGE 4 MAY 411999 APPROVED -APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED -APPROVED - APPROVED Ms. Martinson stated she talked with Dan Walker, Town Engineer, earlier. It is the correct drawing. Even though Caldwell Road will not be three lanes wide, it will be widened for bicycle lanes and shoulders. This is why the curb is shown so far over. Chairperson Wilcox stated the paved surface of Caldwell Road will be wider than the existing lane. Ms. Martinson stated the turning radiuses look larger because they have been increased due to Cornell's request. The plans reflect these changes. Board Member Hoffmann asked how many bicycle lanes will be on Caldwell Road and do the plans reflect it. Ms. Martinson stated the Town's plans will reflect the bicycle lanes. Board Member Hoffmann asked if there will be a bicycle lane on each side of the road. Ms. Martinson stated there will be two twelve foot driving lanes and two six foot shoulders. Board Member Hoffmann asked if there is a connection between the bicycle lanes and the bicycle lanes on Campus Road. Ms. Martinson stated it should line up, but it is not shown on the drawings. Mr. Kanter stated the bicycle lanes may not be marked on pavements. The shoulders will line up with the turning radius of Campus Road. Board Member Hoffmann stated she remembered that the bicycle lanes would be marked. Ms. Martinson stated the Striping Plan shows which bicycle lanes will be striped. Board Member Hoffmann asked what will happen with the materials taken off site. How will they be stored or disposed of? Ms. Martinson stated the millings that comes off the road will be used as a sub -base. It will be stock piled in the staging area of the parking lot. The other material will be the responsibility of the contractor to dispose of off site. Board Member Hoffmann asked if the storage site in the Town. Ms. Martinson responded yes. Board Member Hoffmann stated in the March 2, 1999 resolution it mentioned the receipt of any required permits for work to be done in the Caldwell Road right -of -way from the Town of Ithaca Highway Superintendent. This will be coordinated with the Town and Cornell University. PLANNING BOARD PAGE 5 0 P I MAY 42 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED MOTION by Lawrence Thayer, seconded by James Ainslie: WHEREAS: 1. This action is the consideration of Final Site Plan Approval for the proposed reconstruction of Campus Road, between Tower Road and Caldwell Road, to consist of rebuilding and realigning that portion of Campus Road, modification of the entrances to B Lot parking area to reduce the number of curb -cuts on Campus Road, modification of the intersection at Caldwell Road, addition of bicycle lanes, revision of the sanitary and storm sewer system, and installation of lighting and landscaping. The project site is located off of Dryden Road (Route 366), Tax Parcel No's, 634-2.2, 634-12, 63- 1 -3.1, 63- 1 -3.31 67- 140.2, and 67 -1 -10.6. Residence District R -30. Cornell University, Owner /Applicant; liKim Martinson, Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review, has on March 2, 1999, made a negative determination of environmental significance with regard to Site Plan Approval; and 3. The Zoning Board of Appeals has on March 10, 1999, granted Special Approval for the proposed Campus Road reconstruction project; and 4. The Planning Board, at a Public Hearing on May 4, 1999, has reviewed and accepted as adequate a site plan submission which includes a drawing set entitled "Campus Road Reconstruction Tower Rd. to Caldwell Rd.," prepared by Cornell University Planning, Design and Construction, dated April 6, 1999, and other application materials. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Board hereby grants Final Site Plan Approval to the proposed site plan as shown in a site plan submission which includes drawings entitled, "Campus Road Reconstruction Tower Rd. to Caldwell Rd.," prepared by Cornell University Planning, Design and Construction, dated April 6, 1999, and other application materials, subject to the following conditions to be met prior to the issuance of any building permits or commencement of construction: a. submission of an agreement for consideration University regarding Cornell's share of costs under consideration by the Town, that are reconstruction project and /or result from the said agreement to be reviewed and approve Town Highway Superintendent; and between the Town of Ithaca and Cornell for the improvements to Caldwell Road, directly related to the Campus Road needs !generated by Cornell University, I by the Attorney for the Town and the be submission and approval by the Town Engineer of all plans for cutting, removing, storage, and installation of fill showing locations, and sedimentation and erosion control measures at each location in the .Town of Ithaca. AYES - Wilcox, Hoffmann, Thayer, Kenerson, Conneman, Ainslie, Mitrano. Jk i PLANNING BOARD.,. - PAGE 6 MAY 411999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED NAYS - None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed conversion of a single - family residence into the new Montessori Middle School, consisting of 3,044 ± square feet, located at 122 East King Road on Town of Ithaca Tax Parcel No. 43 =1 -3.6, Residence District R -15. Also consideration of a recommendation to the Town of Ithaca Zoning Board of Appeals regarding a sign variance. Elizabeth Anne Clune Montessori School, Owner /Applicant; Peter Demjanec, Agent. Chairperson Wilcox opened the public hearing at 7:57 p.m. Peter Demjanec, Demjanec & Associates, stated there is one I revision to the proposal. There is a revised parking layout which diminishes the impact on the vegetative buffer. The smaller parking area will require the removal of five trees. The owner will work` with Town Staff to determine adequate and correct replacement plantings. The proposal consists of converting a small residence to the east of the Montessori Main School for use as the Montessori Middle School. It is consistent with the master plan presented to the Town Board. It is a slight deviation because they always thought the middle school would enlarge the main school. This opportunity will allow both schools to be on the same side of the road. Chairperson Wilcox stated there will be a change where students will be placed and in which building they will be placed based upon their age and level. With this proposal, Montessori School could have three buildings in which students are housed. Mr. Demjanec stated the intent was that the annex would begin by taking the overflow from the main school and contain the upper classes. The annex would grow parallel to the growth of the middle school. At one point in time when it was sufficiently large,` it would assume the preschool program and then the Middle School would move back to the main building. The intent was to always to get the preschool program onto the annex side of thee, road, then get the Middle and Elementary Schools on the same side of the road adjacent to the, athletic fields. That required a succession of three additions. The first two to the annex and the third to the main school. The opportunity arose to purchase this house and that effectively takes the place of the second two additions. The second annex addition has been drawn and submitted to the Town. Chairperson Wilcox asked if they thought the number of student trips across the road would diminish as a result. Mr. Demjanec responded yes. The Middle School will have access to the current gymnasium and future athletic fields. The Preschool will always be a free standing program on the annex side of the road. Board Member Hoffmann asked what happened to the plan to add onto the annex. PLANNING BOARD PAGE 7 1 MAY 43 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 -APPROVED -APPROVED -APPROVED Mr. Demjanec stated they have asked the Town to stop evaluating the plans. They do not Piave any intention of building the second addition to the annex. The school will re- evaluate that in the context of looking at how large their preschool program is at the time it moves across the street. It may be necessary to do the addition to accommodate the preschool program. Andrea Riddle, Administrator of Montessori School, stated they have had the preschool program for at least 15 years. The number of students has remained steady for the last 8 or 9 years. She does not feel the preschool program will grow significantly. The only possible impact is that many private schools are closing. Board Member Hoffmann stated the additional space is not going to be built unless there is growth within the preschool. The plans are still there, they are not being canceled. Ms. Riddle stated the drawings are complete and it was their intent to build the addition. Then the house next door came up for sale. If the school were faced with needing more space they would build the addition. Chairperson Wilcox stated it is beneficial because the board was concerned about lot coverage with the addition of the additional classrooms. Why was the parking area redesigned? Mr. Demjanec responded that in the original drawing, A1, the three new parking spaces faced north and the back -up faced east. The back -up encroaches on the planting buffer between this house and the one to the east. In the process of laying it out, it- occurred that the parking arrangement could be made more compact, drawing A5. The cars would park facing east and then back -up towards the house. It is 30% less paved area on the site. It requires the removal of 5 trees instead of 8. Mr. Kanter stated the main concern was not the cutting of the existing trees. Staff comment was that any parking area needs to have additional buffering around it. Staff does prefer the first version because it does provide a better circulation pattern. Normally, staff does not like to see excessive paved surfaces, but there might be reasons to keep the first version. Staff did not ask for an alternate and it was only submitted a few days ago. Mr: Demjanec stated his observation to the owner was the same as Mr. Kanter. In the original parking plan, cars that are leaving are not backing towards pedestrian traffic. The owners have communicated the desire to maintain the residential character of this home with the possibility of it reentering the market as a home. In that context, he does not see it as a long term middle school. Mr. Kanter asked how that relates to the overall program at this point. He was under the assumption that the converted house would become the middle school. He did not know of long range plans to convert it back into a house. Mr. Demjanec stated the possibility needs to be left open. The house recently came onto the market and the owner decided to use the opportunity to utilize it as a middle school. No one knows what will happen years down the road. It would be prudent to remain flexible in the destiny of the building. PLANNING BOARD PAGE 8 MAY 411999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Board Member Ainslie asked if the school was leasing or renting the house. Mr. Demjanec replied Montessori School is purchasing the house. Board Member Ainslie stated if they did not convert the house and the school was growing, the addition would need to be built on the main building. Mr. Demjanec stated it is a possibility. The Planning Board has already approved one addition to the main building. Chairperson Wilcox stated that members of the board are surprised that there is an applicant looking 5 =10 years down the road and would like to keep their options open. The applicant is trying to minimize the changes to the front yard for the parking that may make the lot look more like a commercial lot than a residential lot. Mr. Demjanec stated Chairperson Wilcox is correct. The owner would like to changes to the interior as well. In the event the house were to reenter the market, it ca n as a home. Board Member Hoffmann asked if the applicant plans to pave the driveway. Mr. Demjanec stated their plans are to put gravel down. minimize the still be used Board Member Hoffmann stated she would like the driveway to be safe for the current users rather than looking ahead into the future and having it appropriate for sale. Chairperson Wilcox stated he prefers the original driveway because cars would not be backing towards the pedestrians. Mr. Demjanec stated in the proposed motion, paragraph 2, subparagraph d, submission of documentation in regards to necessary state building code variances. They are scheduled for a New York State variance hearing on May 20 and Zoning Board of Appeals hearing on June 9. The owner would like to be under construction in early June. The State would not be able to deliver documentation of their decision until the end of the summer. They are slow in getting things recorded and sent out. Chairperson Wilcox asked if they were documentation from the State. proposing to start construction before getting Mr. Demjanec responded no. The New York State variance hearings issue spot. They would have a decision from the Code Review Board on May 20, 1999, able to act based upon that decision. They would not receive a formal notice of many months after, Chairperson Wilcox asked if the Town would accept a notarized statement. decisions on the They would be the decision for 1. PLANNING BOARD PAGE 9 MAY 411999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney stated that Andy Frost, Zoning /Building Inspector would receive some documentation. Mr. Demjanec stated that Mr. Frost should be in attendance. Attorney Barney stated it is acceptable to have documentation from the State or Mr. Frost. Chairperson Wilcox asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:15 p.m. Chairperson Wilcox stated there is not a SEQR Determination because this is an educational use under 10,000 square feet. Chairperson Wilcox stated he and Board Member Hoffmann expressed an interest in the original parking configuration. It is safer to back away from the school and sidewalk. Mr. Kanter stated that this resolution incorporates a recommendation as the sign review board for a sign variance. Chairperson Wilcox asked if Mr. Demjanec could give an overview of the sign. Mr. Demjanec stated there are two signs in the packet. The first is the approved annex sign. The second is the proposed sign for the middle school. They are the same size, color, and materials. The only change is that "Annex" will be changed to "Middle School ". They are asking for the middle school sign to be mounted 5 feet above grade. Attorney Barney stated that the applicant does not plan to build the second portion of the proposed construction on the main building. Is there a reason why a revised site_ plan cannot be submitted indicating that? At this juncture it will not be built. The board is making its determination based on traffic, usage, structure, site plan now. If it is not changed, someone can build based on that site plan without any review from the Planning Board. Circumstances may be different at that time. If there is not an intention to build it, then they are out of compliance with the site plan they are getting approval for. The site plan needs to be modified to reflect the current plans. Mr. Demjanec stated he would like to see the options of the owner remain open. This board has already approved additions to the annex and main school. The owner does not have a need for either at this point in time. A few years down the road it maybe necessary or desirable. Mr. Kanter stated he is trying to recall when the addition to the main building was approved as a site plan modification. The site plan sunset law is 3 years. Attorney Barney stated if there is not any construction, then the sunset provision is applied. There are a number of areas in the Town where there have been problems because construction has not occurred and then a number a years down the road construction happens. He recommends that this site plan should resemble what is going to happen today, not what may possibly happen. PLANNING BOARD PAGE 10 MAY 44 1999 APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Board Member Hoffmann asked if the site plan showed the additions to the annex and main ouilding. Mr. Demjanec stated the site plan shows the current conditions. It does not show the approved additions. Attorney Barney stated these plans do not show the additions. A statement can be added to the resolution that it is understood that the site plan shown as Drawing Al is the current approved site plan. Any prior site plans are superceded by this one. Chairperson Wilcox stated that at some point, if the applicant chooses to build the additions, they need to come before the Planning Board, Board Member Thayer asked if a time limit can be imposed. Attorney Barney stated that in the Zoning Ordinance there is a provision that if nothing is done to an approval within a specific amount of time, it is no longer valid. If any partial work is done, it eliminates the sunset rule. Board Member Thayer asked if they do not do any work, would they need to come back before the board. Attorney Barney stated yes. Mr. Demjanec stated the owner is asking for permission to use the building adjacent to the main school as a middle school. He does not see a linkage between that and previous approvals for the single classroom addition to the main building or a second classroom addition to the annex. From the owner's perspective, it takes a great deal of time, effort, energy and resources to prepare and secure the approvals. The owner does not want to abandon them. Mr. Demjanec stated he does understand the Town's concern about wanting to have some sort of control of development and not having something hanging out there that could happen at a future date. The sunset time for site plan review approval is more than adequate protection for the Town and time for the owner to utilize their invested resources. Mr. Kanter stated that he is unable to remember if there were playground improvements as part of the site plan or whether there were parking lot or walkway improvements. Mr. Demjanec stated that the Town and the owner should agree on a sunset date. A sunset date can be set for three years from this date. Beyond that date, it will require another site plan approval. Attorney Barney stated it is fine as long as the board is comfortable with it. Board Member Hoffmann stated she did not remember where the proposed athletic fields are to be located. l 1 PLANNING BOARD. PAGE 11 MAY 4, 1999 APPROVED - APPROVED - APPROVED AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Mr. Demjanec stated they are on site plan Al. It is the parcel to the north and is the parcel that was originally targeted as a Town Park, Attorney Barney stated the Town and the owner are in negotiations over the park. Board Member Hoffmann stated this will make a difference in the decision. It is an unresolved issue. Mr. Kanter responded it has been an unresolved issue for each of the different phases of review. From the staff's perspective, it was seen as an expansion. It had positives over previous approvals. Even though there is a potential for expansion, it is safer for children not crossing the road. Board Member Mitrano stated she would like to make sure the sunset rule is an appropriate action for the board to take. How often does it happen? Attorney Barney stated it is up to the board. Most times applicants want to modify site plan during the review process. It is unusual to have a previously approved site plan be modified. Chairperson Wilcox stated the applicant is trying to replace two prior approved additions. Attorney Barney stated the applicant might want to build the other additions in the future. Mr. Demjanec stated they would like to do something different and reserve the right to do what was previously approved. Board Member Mitrano stated she was on the Montessori School Board two years ago. She feels it is unusual and is concerned about the precedent that is being set. Attorney Barney stated that if the applicant is willing to accept the three year time frame, then the board should go along with it. It is giving the applicant more time. What is the line shown between the two buildings? Mr. Demjanec stated it is a path that connects the two buildings. Attorney Barney asked if they had an easement for the path. Mr. Kanter stated that staff has asked for documentation of the easement. Board Member Hoffmann stated one of the conditions deals with a vegetative buffer by the parking area. Could the board hear a description of the buffer? Mr. Demjanec stated they do not have the details. They plan to work it out with the Planning Department. Mr. Kanter stated staff would recommend a mixture of evergreens and shrubs. l % PLANNING BOARD PAGE 12 MAY 4, 1999 APPROVED -APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED MOTION by James Ainslie, seconded by Lawrence Thayer: WHEREAS: 1. This action is Consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals regarding Special Approval and a Sign Variance for the proposed conversion of a 3,044 + 1= square foot single family home, located at 122 East King Road, Town of Ithaca Tax Parcel No. 43- 1 -3.6, into the "Montessori Middle School." Said conversion includes interior renovations, new entranceway and overhead door, handicapped accessible ramp and walkway, and the addition of three parking spaces. Residence District R= 15. Montessori School, Owner /Applicant; Demjanec & Associates Architects, Agents, 2. This is a Type ll Action, pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act (SEQRA), requiring no further environmental review. 3. The Planning Board, at a Public Hearing on May 4, 1999, has reviewed and accepted as adequate, drawings entitled "Montessori Middle School, 122 East King Road, Ithaca, Tompkins County, New York" including Sheet Nos. A 1 through A4, all dated April 12, 1999, and prepared by Demjanec & Associates Architects, and other application materials. NOW, THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board; and 2. That the Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed conversion of a 3,044 +A square foot single family home, located at 122 East King Road, into the "Montessori Middle School," with conversions including interior renovations, new entranceway and overhead door, handicapped accessible ramp and walkway, and the addition of three parking spaces, subject to the following conditions, to be met prior to the issuance of a building permit: a. submission of construction details and materials for the proposed parking area and stone path, as noted on the Preliminary Site Plan Checklist; and b, submission for review and approval by the Town Planner of a landscaping plan showing the addition of a vegetative buffer between the proposed parking area and adjacent property with native plant materials appropriate for screening, as well as the addition of landscaping to be located in the front of the proposed parking area to provide additional screening from East King Road; and C, submission of documentation showing that the applicant has obtained an easement to construct a path and provide access across the 25 foot strip of land, owned by Evan L I PLANNING BOARD PAGE 13 MAY 4, 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 -APPROVED -APPROVED -APPROVED Monkemeyer, located between the existing Montessori Main Building and the proposed Montessori Middle School property; and d, submission of documentation showing any necessary approvals and permits from county, state, and /or federal agencies, especially in regards to necessary State building code variances; and e, the granting of Special Approval and any necessary Sign and Parking Variances by the Zoning Board of Appeals; and f. submission of an original or mylar copy of the final site plan (Sheet A1) to be retained by the Town of Ithaca. AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; and b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed use; and C, the specific proposed change in land use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be granted. AND BE IT FURTHER RESOLVED: 1. That the Planning Board, acting as the Sign .Review Board, hereby recommends that the Zoning Board of Appeals approve the sign variance for the Montessori Middle School, for the sign shown in the submittal by "Sand Carved Sign," dated April 5, 1999, subject to the following condition: a, that the sign shall not exceed 6 feet in hei 10.5 square feet in area. 20 That the approval of the site plan for the 122 properties as shown on Drawing Al supercedes and the annex dated June 3, 1997 and May 5, contemplated by such site plans is substantially this resolution (May 4, 2002)a ght, as measured from the ground level, nor East King Road property and the related the site plan approvals for the main building 1998 respectively, unless the construction completed within 36 months of the date of PLANNING BOARD PAGE 14 MAY 40 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 - APPROVED -APPROVED APPROVED AYES - Wilcox, Hoffmann, Thayer, Kenerson, Conneman, Ainslie. NAYS - None. ABSTAIN - Mitrano. The MOTION was declared to be carried. PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a proposed Moratorium on Drive - through Businesses in the Town of Ithaca, excluding those applications for such businesses which are currently pending before the Town of Ithaca. Chairperson Wilcox opened the public hearing at 8:36 p.m. Chairperson Wilcox stated the Planning Board has been asked by the Town Board to make a non - binding recommendation to the Town Board on a proposed Local Law, The Town Board is considering enacting a Local Law that would place a nine month moratorium on any new drive= through businesses in the Town of Ithaca. It would exclude any pending applications. The purpose of a nine month moratorium is to give the Town a chance to review and investigate what the impacts of drive - throughs are. The Town will determine if they would like to regulate drive - throughs. done. Board Member Mitrano stated it is a good idea. Board Member Hoffmann stated it is a good idea to study the subject and to see what can be Ruth Mahr, 103 Judd Falls Road, stated "I support it ". Gregg Bell, 113 Penny Lane, stated he supports the moratorium. There are many moratoriums for planning issues where there has not been an exclusion for things before the board. There is a sense of deference to the applicant. However, there is not a legal requirement that it be the case. He recommends the Town get as much legal research as they need to find the answer to the question. Mr. Bell stated he knows of other towns that have had moratoriums on items before the board. The issue is who the Town government wants to represent the most. If the concern is deference to the developers versus the interests of the public, it should be stated clearly. This is what is appears to be. The issue is not unnamed drive- throughs. The issue is a specific drive - through. The moratorium should apply to the present application as well. Bill Seldin, 120 Northview Road, stated the applicant entered into this process in good faith and that Rowe Restaurants has made a considerable investment. The studies that have been required by the Town so that the various issues could be addressed. The applicant has gone through the SEQR process only to find that it was not necessary. To develop those issues took considerable, time, effort and monetary expenditure. Including the applicant would deprive the applicant of the vested interest that he has in the process. The applicant has come 90% of the way in terms of what they have tried to do. The applicant has welcomed public input even at hearings that would not normally be open to the public. It has not been easy. The applicant has respect for the process and public input. 0 PLANNING BOARD PAGE 15 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1 999 - APPROVED _ APPROVED - APPROVED Hollis Erb, 118 Snyder Hill Road, stated she has a vested interest of twenty years of home ownership on Snyder Hill Road. She supports the moratorium and she supports extending the moratorium. Ms. Erb is concerned about issues of litter and architectural appropriateness and of loss of open space. Martha Robertson, 1655 Ellis Hollow Road, stated she understands the applicant's frustration. However, the applicant must appreciate the cost of doing business. Anytime a business owner has to go through the approval process, it is part of the cost of doing business. If Burger King were to be included in the moratorium, the applicant should only consider it a temporary setback. The application for Burger King represents an irreversible change to the Town. Once it is done, it cannot be changed. This is something that will change the intersection. Joel Harlan, Town of Dryden, stated a moratorium should be given to Cornell University, Ithaca College, and Collegetown. They are building big box buildings fifty times the size of Burger King. Everyone is O.K. with that. There is a lot of traffic at Cornell University and Collegetown. These buildings can be seen for miles. When Burger King comes in the County, they are chased out. Why not do the same to Cornell University, Ithaca College, and Collegetown? Maryanne Newton, 378 Snyder Hill Road, stated she supports the moratorium. She would like the board to reconsider the exclusion of Burger King. She asked the amount of monetary investment that Rowe Restaurants has in the project. If the board is going to make a decision based on the applicant's vested interest over the vested interest of the community, could numbers be provided. Chairperson Wilcox closed the public hearing at 8:50 p.m. Board Member Ainslie stated he would hate to see a moratorium cut down on certain drive - throughs. He stated he is the oldest board member and he has artificial knees. He enjoys being able to go to a bank or drug store without having to leave his car when it is icy. Board Member Ainslie stated his generation is increasing everyday. There were comments submitted stating that people need to get out of their cars and walk. Board Member Ainslie stated he exercises three days a week. He would hate to see a moratorium make it impossible for older people. Chairperson Wilcox stated that the Planning Board does not make decisions on moratoriums. The Planning Board also cannot make decisions on zoning. It is the prerogative of the Town Board as elected officials. The Planning Board is making a non - binding recommendation to the Town Board. The Town Board will be holding a public hearing on whether to adopt the proposed moratorium. MOTION by Tracy Mitrano, seconded by George Conneman: WHEREAS: 1. The Town Board has proposed a "Local Law Providing for a Moratorium for the Establishment of Drive - through Businesses for a Period of Nine Months," excluding those applications for such businesses which are currently pending before the Town of Ithaca; and PLANNING BOARD PAGE 16 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17) J999 - APPROVED - APPROVED - APPROVED 2. Said proposed local law would establish interim regulations prohibiting the establishment of drive - through businesses for a period of nine months from the date of enactment of the local law, but not including any application which is currently under active consideration by the Town of Ithaca, in order to provide a reasonable period of time for the Town Board to consider alternative regulations regarding the establishment of such uses within the Town of Ithaca; and 3. The Town Board referred said proposed local law to the Town of Ithaca Planning Board for their recommendation; and 4. The Planning Board, at a Public Hearing held on May 4, 1999, has reviewed the above - referenced local law. NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of Ithaca Zoning Ordinance, hereby finds that a. There is a need for the proposed local law providing for a moratorium for the establishment of drive - through businesses for a period of nine months; and b. The existing and probable future character of the Town will not be adversely affected by said moratorium; and C, The proposed local law is in accordance with a comprehensive plan of development of the Town, and will allow the Town Board to examine alternative means of regulating such uses within a reasonable period of time; and BE IT FURTHER RESOLVED. 1. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed 0 "Local Law Providing for a Moratorium for the Establishment of Drive- through Businesses for a Period of Nine Months ". 2. AYES - Wilcox, Hoffmann, Kenerson, Conneman, Mitrano, Thayer. NAYS - Ainslie. The MOTION was declared to be carried. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a Burger King restaurant and drive - through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 ± square foot building and drive - through on a 1.859 ± acre parcel, additional proposed parking spaces on the east side of the proposed buildings, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca { , P_ LANNING BOARD PAGE 17 MAY 4, 1999 J APPROVED -APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED - - Tax Parcel No. 62 -2 -1.22, Business "C" District. Cornell University, Owner; Rowe Restaurants,. Applicant/Agent. Chairperson Wilcox opened the public hearing at 8:55 p.m. Chairperson Wilcox stated he called Mr. Seldin last week and asked if the applicant had made use of the firm Claritas and their demographics estimates. He asked Mr. Seldin to look into it because he is an employee of Claritas and they are in the business of selling demographic estimates. Chairperson Wilcox stated his primary function with the company is the development of the estimates. He was unaware of the applicant or their consultant making use of the company's numbers. Bill Seldin, 120 Northview Road, stated that the applicant had not used the demographics from Claritas. He stated that he has the permission of his client to give amount of monetary value he has invested in the project. Since the beginning of this process, Rowe Restaurants Inc, has spent more than $58,000. Twenty -five thousand dollars of which is a non - refundable fee to the franchise. The additional $33,520 is for permits, expert witness fees, and studies. If the board would like, a more precise breakdown can be provided. Mr. Seldin stated the applicant came before the Planning Board on December 1, 1998, for Sketch Plan Review. Public comments were welcome at that point. The applicant welcomed public input from the start. Eight issues were given to the applicant; traffic through the plaza, lighting, landscaping, parking spaces, how cars would get to the entrance, sidewalks, clutter, trash, exhaust, and odor. ' The Planning Board then expressed. their concerns. One of the main concerns was drainage and traffic. David Herrick from T.G. Millers will address the drainage concerns and interior plaza concerns. Larry Turchin will address the traffic concerns. Bob Rowe will present the architecture of the project and how it blends in with the neighboring architecture and landscape. The applicant tried to develop the project in depth to answer as many questions as possible. The Planning Department did not look at this application in a vacuum. They were aware of CFCU and the proposed Summer Hill Apartments. An in depth study was done of traffic, drainage, landscape, lighting. The noise factor was addressed. The odor problem was addressed by catalytic converters. The applicant would like to focus and highlight on the issues pertaining to the studies that need to be addressed. David Herrick, T.G. Miller Engineers, stated long lists of issues were given to the applicant that was pertinent to the SEQR process. In developing answers to those issues, a long Environmental Assessment Form and additional details were developed. As mentioned at the Sketch Plan Meeting, there was a desire to minimize parking spaces. Fifty parking spaces were originally proposed. The Preliminary Site Plan includes forty parking spaces. Sheet C01, the layout plan, shows a. landscape island in the middle of the parking area and is the nesting site for site light and pole. Eight parking spaces are being set aside. Should there be a proven need for more parking spaces, Mr. Rowe would come back before the board to ask for the eight additional parking spaces. . PLANNING BOARD PAGE 18 MAY 4. 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Storm water management is an important issue. Guidelines established by. the New York State Department of Environmental Conservation SPEDES permit process were used. These are guidelines established for projects in excess of five acres. Sheet CO2 is the Grading and Drainage Plan. Around the perimeter of the impervious surfaces, there are shallow flat sloped vegetative swales that will collect and store run -off. The swales will function similar to tile field construction in an agricultural field. The water will fill up in the basin and will infiltrate through the topsoil layer through a stone layer that surrounds the perforated tile. It will then flow out to the tributary that cuts through the parcel and down to Ellis Hollow Road. In designing the drainage and grading system, the sediments are being filtered out that may run off the parking lot. The outlet structure for the drainage system controls what runs off the property. The ability to accommodate a severe flood situation is built into the system. It was important to maintain the flood storage volume in the tributary. This was accomplished in the grading of the site. There is additional piping to be installed. A sensitive storm water management system has been created. Pedestrian access was a concern and how other sidewalks and pathways could be connected. The vicinity map, Sheet G01, shows the short network of sidewalk that connects with pathway of Pine Tree Road. It will also connect with the CFCU sidewalk. There are pedestrian sidewalks to the senior citizen housing. There is also a network of asphalt sidewalks that adjoins Pine Tree Road down to Coyote Loco. Mr. Herrick stated the site lighting is shown on sheet C01. There are approximately 8 poles on the property. Some are single fixture poles and others are duplex. One pole in the middle of the parking lot has three fixtures attached to it. The poles are 24 feet total mounting height. The poles that exist on the entrance drive are 30 feet in height. The poles in the Plaza parking lot are 35 feet in height. In keeping with the character of the light, high - pressure sodium is being proposed. It is consistent with the Trust Company and the East Hill Plaza. The poles and fixtures will be bronze color. The photometrics have been looked at for this plan. Their goal was to keep any light from migrating off the property. There will be wall- mounted units for security purposes. They will be located over the doors. The operation of the restaurant stops at 11:00 p.m. The parking area lights and the illuminated signs will go out at 11:00 p.m. The only lights to remain on after that time are the security lights on the building. Mr. Herrick stated the vicinity map represents the landscape improvements that Cornell University presented in 1996. They are expected to be a condition of this project if the project is approved. Staff has recommended additional islands be placed in the parking area. The purpose of the changes is to help eliminate traffic problems with cars cutting through the gas station to East Hill Plaza. It is to define the concept of a loop road around the outside of the Plaza. The entrance from the gas station to the Plaza is proposed to be reduced from 60 feet to 30 feet. In doing so, the hope is to have turning movements formalized. People who cut through will need to turn more formally. They will have to stop and think before proceeding. There is not a proposal for this project to have access to Ellis Hollow Road. They have utilized the recently reconstructed entrance drive to the Plaza. There is a second ingress and egress to the Plaza parking lot. The drive on the Ellis Hollow entrance is opposite the CFCU entrance. PLANNING BOARD PAGE 19 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST-17, 1999 - APPROVED -APPROVED - APPROVED Mr. Rowe has provided information to the Town that the broiling system in the building will use a catalytic converter. This will render a lot of emissions traditional of this type of process. There should not be large odor problems with the project. Mr. Herrick stated that there was a concern that the menu board would be generating loud offensive sounds. The menu board is facing the Plaza and the sound will be directed towards the Plaza. The menu board also has volume control. There should not be a noise problem from the operation of the restaurant. The architecture of Burger King is a corporate image. Mr. Rowe will show the board the options that he has and the materials he would like to use for the project. The drive - through consists of two windows. One window is for receipt of payment. The other window is distribution of food. The structure is about 16 feet in height. It is about 42 feet wide and 73 feet in length. This totals out to be about 2,800 square feet. Larry Turchin, Traffic Solutions, stated there are issues that have come up relative to the study. The first item was to discuss procedures with Mr. Kanter and what the Town would like to see studied as part of the impact study. As part of that review, locations were determined and what would be included in the analysis. The traffic counts conducted were obtained by using traffic devices. The trip counter was left out for a seven -day period. Computers then downloaded the traffic trips. To assist the turns at the intersections, a handheld microprocessor was used. Computers also downloaded this information. All of the initial counts were real time. The actual counts are in the study. The existing counts were not modified. They were taken directly off the printouts and into the study. Trip generation routes were included in the study. The Institute of Transportation Engineers has developed publications using existing studies collected from across the United States. The latest material was used in developing the study. The intersection was analyzed using the Highway Capacity Process. It was a process developed by the Transportation Research Board that is a branch of the National Research Council for Highway Administration. The University of Florida later transferred the actual documentation into a computer program and support. The Trip Generation Book is the same book the Town uses. The Summerhill Apartments will generate 41 trips in the morning and 43 trips in the evening, peak hour. A capacity analysis was done taking the built conditions of the proposed Burger King and the bank. The level of service in the morning, worst case, for this area was the same. It was a "B" both times. There is nothing dramatic occurring. One of the problems is the identification of the numbers used in the study as being round trips. They are not. They are one way trips. When forty - one trips is mentioned, it is one way trips. If they were to be looked at as round trips, the numbers would need to be divided by two. Mr. Turchin stated there is an issue regarding the number of trips for the Burger King and the number of trips of the CFCU. If the report is not read carefully, the point will be missed that there is an existing credit union. It does not represent new traffic. The people are already there. They were not identified as new traffic in the study. There are only 80 round trips with the Burger King and 86 round trips for the CFCU. The numbers are not as great as seems to be interpreted. PLANNING BOARD PAGE 20 MAY 4. 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED Part of the trip distribution process is identifying where everyone is going. They go to an axisting intersection. The number of cars entering is known. They add up the cars going into the intersection and then calculate the percentages of where the cars are traveling. This is applied against projected numbers. Another concern was the amount of elderly residents that will be crossing the service road. It was identified that they would be encountering a large number of vehicles. The study is done during the peak times. Typically the elderly do not walk from their homes just to walk through peak traffic. They would find it more convenient to walk through the off peak periods. When they do walk to Burger King, they will travel along the walkway on the north side of the intersection. The numbers are in the study. The Town has the documentation available. Mr. Herrick stated there are important issues of signage. There was confusion about the freestanding sign and how much square footage is being proposed. The sign will be a little less than 50 square feet total. The applicant is asking that the board consider granting the extra five feet in height. The other issue is the location of the freestanding sign. It is the preference of the applicant that the sign be at the rear end of the property. This is the Plaza side. The Sign Ordinance requires that all ID signs be in the front of the property, Ellis Hollow Road. Sheet C01 is the layout plan and the sign is shown in the northwest corner of the parcel. If the sign were located at the front of the parcel, it would be adjacent to the pedestrian way near the intersection of the driveway and Ellis Hollow Road, Mr. Rowe has developed a landscape assorted vegetation around it. There is exter around the entrance /exit signs and around landscaping be considered along the area for the applicant proposes it remain as lawn area, landscape plan to screen the parking from the plantings adjacent to the Trust Company site. plan that will preserve the Norway spruce and other isive use of deciduous shrubs and perennial grasses the building. Staff recommended that additional future parking spaces. Since it is a vegetative swale, If parking is built there in the future, then revise the pedestrian way. Another recommendation was to add Bob Rowe, Rowe Restaurants Inc, stated he has brought examples of the building. He has taken a picture of the proposed building and various pictures of other architecture in the area. The architecture and colors are of great variety. Mr. Rowe presented examples of the masonry that will be used to build the building. They are the actual colors and blocks. Mr. Rowe also supplied examples of other colors and designs that can be used for the building. Once the board has seen the other pictures, it will be understood why this building style was chosen. There has been some worry about the new Burger King image that is coming out. That building or the colors are not available. It is not an option. Mr. Seldin stated in the recommendation by the Planning Department in the Memo of April 28, it was stated that the proposed red building trim at the top of the building with illumination is a concern. It could be considered as a string of lights and not part of the sign. This may be a violation of 6.01 -4. 6.01 =4 states that a string of lights not part of the sign shall not be used to advertise, outline buildings or features of building or attracting attention except as specified in Section 3.01. Section 6.02 =2 states that indirect illumination including backlighted letters is permitted in all districts. In the proposed resolution, it suggests to the Zoning Board of Appeals that they consider approval of the special permit. It is non - binding and is an expression of the Planning Board's PLANNING BOARD PAGE 21 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED position. The applicant asks that the Planning Board recommend to the Zoning Board of Appeals chat they approve the special permit. Mr. Seldin stated that in the Village of Chittenango there is a Burger King operated by Mr. Rowe which has been there for 18 years. The Mayor of Chittenango, Sullivan Town Supervisor, Sullivan Highway Superintendent, and Town of Sullivan Parks and Recreation Department have submitted letters in their support of Burger King, The Mayor of Chittenango has suggested that the purpose of the letter is to give the Town of Ithaca background information on the Burger King Restaurant that is located in the Village of Chittenango. (See Attachments #1 -4) "Burger King has been an excellent neighbor to the village and surrounding businesses since the time they entered this community. One of the factors that we look at when a new business wants to enter our community is what services they require and the actual dollars that we realize from taxes. We also look at the needs of the community and if the business is a positive thing for our residents and will generate jobs or the negative things that may happen if we allow them into the community. I am happy to say that the .Burger King Restaurant has been an asset to the Village of Chittenango. The services that they require are very few and are limited. The taxes that the village collects are far greater than the services that are provided. This helps the village keep the taxes in check. The community is supportive of Burger King." The other letters address the garbage, litter and the lighting. Chittenango is not the Town of Ithaca. Mr. Seldin stated he was suggesting what they say would be true for the Town of Ithaca. There is something for the Town to look at in the manner that Mr. Rowe has conducted and operated his businesses in other locations. Mr. Seldin submitted a listing of 73 community organizations that Burger King has partnered with. (See Attachment #5). Mr. Seldin also submitted five letters from East Hill Plaza employees and business owners in support of Burger King. (See Attachment #6 -10). Mr. Seldin stated that the Planning Board passed a resolution recommending that the Town Board approve a moratorium on drive - through businesses excluding Burger King. There are no other quick serve restaurants in the Town of Ithaca. The moratorium and study will insure that none other will be built unless it is appropriate to do so. The moratorium removes the issue of other drive - through restaurants coming into the Town of Ithaca. Mr. Seldin submitted a petition signed by 259 people in favor of Burger King. The petitions were passed out in various location of the East. Hill Plaza and the Senior Citizens Restaurant. (See Attachment #11)0 Ruth Mahr, 103 Judd Falls Road, stated she expected a public hearing at 8:25 p.m. This is a controversial issue to be starting public comments at 10:10 p.m. when there are about 50 people wishing to speak. It is inconsiderate to the public. Kyra Stephanoff, 8 Fox Hollow Road, stated her house is one mile from East Hill Plaza. One seven day period of measuring traffic during the year is insufficient data to make a universal statement as to how much traffic there is coming into the intersection. There should have been five or more seven -day periods scattered throughout the year. She has lived in Summerhill Townhouses. They are primarily student housing for Cornell University students. In each apartment there is three or four individuals. Each of the individuals PLANNING BOARD PAGE 22 MAY 4, 1999 APPROVED - APPROVED - APPROVED -AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED usually has a car. The number of cars coming out of the Summerhill Townhouses was under estimated. The Cornell FingerLakes Credit Union has a new building. There is now an empty structure. If a new business comes into the structure, more traffic will be added. The current location of the proposed Burger King is where the snow is dumped in the wintertime. Where will the snow be piled? Ms. Stephanoff stated she did not see any petitions put out by Burger King. East Hill Plaza is a community shopping area. If Burger King comes in, there will be two scenarios. She has never heard residents say there were insufficient restaurants in the East Hill Plaza, Burger King makes their money out of high volume people coming through. There is not a high volume at East Hill Plaza. More people will be drawn in or the current number of people will go to Burger King instead of the current establishments. If other businesses in the area go out of business there will be less choice. East Hill Plaza does not need a Burger King. Ellen Schmidt, 8 Genung Circle, submitted her comments to the Planning Board. (See Attachment #12)0 Steve Robertson, 1655 Ellis Hollow Road, stated his mother was a resident for two years at the Senior Citizens housing at East Hill. Mr. Robertson stated he wanted to read a short letter written by Dr. Tillimer. 'The benefits of the proposed moratorium on drive - through businesses in the Town of Ithaca are reducing dependency on automobiles as well as the traffic problems and litter that accompanies such businesses. I must comment on the only disadvantage of the moratorium. This is the concern raised by Town of Ithaca Supervisor, Cathy Valentino, "Drive - throughs make it easier for senior citizens to go about their daily business without having to get out of their cars ". "As a gerontologist who focuses on the health of older Americans I want to take strong issue with this argument. Research shows that the vast majority of senior citizens, and the ones able to drive, are enjoying good health so that they do not require drive - through windows to "go about their daily business". Research shows that senior citizens tend to prefer face to face interactions with service personnel and are less likely to use more impersonal electronic ways of meeting consumer needs. I hope that no one was persuaded by the notion that drive - throughs should be promoted to meet senior citizens' needs. This supposed concern for the aged is misplaced in this context. The Town of Ithaca does not need more drive - through businesses for this or any other reason." Mr. Robertson stated his mother's two years at the apartment complex were important. She was able to walk back and forth to the East Hill Plaza and go to the grocery store. She did not drive and the vast majority of residents do not drive. If a Burger King were to be located at East Hill Plaza and meet the needs of the older citizens it should be located in the strip of buildings that exists with a sidewalk. The petition is interesting. The petition mentioned whether or not a Burger King should be located in East Hill Plaza. He does not remember any description of its location. He does not remember if there were mention of whether it was a drive - through or not. If there are 250 people who 1 , PLANNING BOARD PAGE 23 MAY 4, 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 -APPROVED -APPROVED - APPROVED would like to see a Burger King at East Hill Plaza, there maybe more than that. Mr. Robertson stated pie would not have been opposed to a Burger King at East Hill Plaza for his mother's sake when she was at the apartment complex. She would have eaten well if she had the opportunity. Joel Harlan, Town of Dryden, stated these stores are not needed. Cornell University, Ithaca College, and Collegetown are out growing the towns. The new business is quick business. Environment and change is needed. Jobs are needed. The homeless and poor need to be out to work or else it will be chaos. Dairy Queen has gone out of business. Dunkin' Donuts has gone out of business. The Commons are a mess. Expect panhandling. The towns need to out grow Cornell University so that the towns can dictate to Cornell University. Crime rate will increase if there is not growth. When a business like Burger King comes in no one wants it. Burger King cannot be seen, but there are big box buildings that can be seen for miles. Things need to be organized. Everyone is being run out of the stores. Lucia Armstrong, 121 Honness Lane, stated she would like to present the Planning Board with a petition from the residents asking the board not to approve Burger King. In less than a week they have 217 signatures. These are signatures from residents, not from people who are working in East Hill Plaza. (See Attachment #13)8 Culvey Mowers, Town of Dryden, stated he has patronized the Burger King in Chittenango. It is a good one, but there is not a comparison between that restaurant and the Town of Ithaca. There will be pressure placed on the landowners in the area if Burger King is to be approved. (See Attachment #14). Cathy Valentino, Town of Ithaca Supervisor, stated she would like to make a correction. She stated that she was mentioned in a letter to the editor in the Journal. It misinterpreted the article that Lauren Bishop wrote in the Ithaca Journal when she was speaking in favor of the moratorium. Supervisor Valentino stated that she was not misquoted, but if people read the article closely it will be interpreted differently. When the Town studies drive - throughs during a moratorium, it is important for all aspects to be looked at. She stated she was using senior citizens and their handicaps as an example of how their needs may be met with a drive - through. It was being used as a positive aspect for those less able to get around. It was the only context that she was using. Susan Bull Riley, 71 Woodcrest Avenue, stated she would like submit a letter to the Planning Board. (See Attachment #15). Chris Grippen, Snyder Hill Road, stated he is younger than most that have spoken, but he has lived on Snyder Hill Road his entire life. He respects every one's opinion. It has given him a different perspective and he values this area as much as anyone does. Mr. Grippen stated he has a young family and he believes Burger King will give his family an opportunity to go somewhere to eat. If his family wants this type of food, they need to drive 20 minutes. His kids would love to have Burger King at East Hill Plaza, but the neighborhood needs it as well. There have been a lot of businesses in East Hill Plaza that have gone out of business. If the Town wants to keep the current businesses running, other businesses like Burger King need to be brought in. The value of East Hill Plaza needs to be enhanced. PLANNING BOARD PAGE 24 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 =APPROVED - APPROVED - APPROVED Elizabeth Livesay, 785 Snyder Hill Road, stated she noticed in Mr. Herrick's presentation that. ne discussed the slope swale as being water drainage control site. Then he previously proposed it as a future - parking site. Is it so? Ms. Livesay stated she grew up on Snyder Hill Road. She remembers when Pine Tree Road was home to mostly sheep, pigs and green willow trees. She remembers the red brick farmhouse that stood on the proposed site. She remembers pastures where the East Hill Plaza now exists. Ms. Livesay stated she has observed generations of young families taking their families to see the farm animals. She was one of those children. In spite of increased traffic Pine Tree and Ellis Hollow Roads remain an active biking, jogging and walking route. Young families with children outside a pasture or lunchtime runners are not scenes that can be found on Route 13 south or Triphammer Road. She fears once the first domino falls that a precedent is being set. Regardless of a nine month moratorium no one will know what will happen. Then are 7 parcels of privately owned land in the adjacent area. Cornell University may decide to do something different with their crop fields. She has done a lot of her shopping at the East Hill Plaza and has worked there. If would be a fine idea to have Burger King. She is disappointed that they did not discuss them occupying the end building. There are enough fast food places in the County. There is not a need. A need has not been demonstrated. She is amazed that people can say that there is a need when other food is available. It would not bring high or moderate level jobs to the area. She is also concerned about pedestrian walkways. Cindy Kramer, 207 Bryant Ave, stated she would like to submit her statement to the Planning Board. (See Attachment #16). Ms. Kramer stated Mitchell Street was not mentioned in the traffic report. Many people will travel from Mitchell Street to the East Hill Plaza. This traffic will be passing by Belle Sherman School doing school arrival and breakfast time. The supporters of Burger King have been open to the public's input. The applicant has invested time and money. The difference is point of view. She is worried about property values changing. Ms. Kramer stated she is interested in preventing the problem and not treating the problem. She is interested in the long -term effect on the community. Ruth Mahr, 103 Judd Falls Road, stated she would like to submit her statement to the Planning Board. (See Attachment #17). Richard Fischer, Pine Tree Road, stated he has lived in the Town of Ithaca for 40 years. The board has heard many good reasons for denying Burger King. The community calls upon the Planning Board to veto their request. Frank Baldwin, Pine Tree Road, stated he would like to submit a letter from Anne Kendall who is a dietitian and nutritionist. (See Attachment #18). Beverly Livesay, 147 Snyder Hill Road, stated she and her husband are senior citizens and have lived on Snyder Hill Road for 42 years. (See Attachment #19). Lois Kingsbury, Town of Dryden, stated she has used East Hill Plaza and has found it to be very dangerous. The comment that the senior citizens do not go to the plaza during peak hour is true PLANNING BOARD PAGE 25 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED - APPROVED - APPROVED for her also. She does not like going to the Plaza during peak hours. It is a dangerous lot for cars and pedestrians. Buses also park in the Plaza and there is much confusion any time of the day. There is not a sidewalk to get someone from the end of the walk at the apartments to the covered store walkways. Theoretically people will be able to go from the apartments to Burger King, but they will have to cross the bank entrance /exits. One of her main concerns is the safety of pedestrian traffic. Cornell University has proposed to put landscape islands in. Hopefully it will help the situation. East Hill Plaza is half Cornell University businesses and has two types of businesses, the general public and students. Ms. Kingsbury stated she wished the drive - through moratorium would have included Burger King. She also hoped the owner of Burger King was aware that there was a McDonald's project for the same area and it was turned down. Chairperson Wilcox stated that ten years ago the Planning Board did not deny the McDonald 7s application. The applicant was required to complete a Full Environmental Impact Statement. The applicant sued the Town saying they should not have to. The Town won and the applicant withdrew their application. Gregg Bell, 113 Penny Lane, stated he has studied cities for 30 years. He has read extensively and has gone to many conferences. He has taken a look at the broad picture of what is happening. It is nice to look at traffic studies and debate the small details. The issue is not the traffic counts and how to handle the drainage swale. The issue is character. The issue of character is sweeping across the country. The Town needs to look at what they are going to be as a town. The Town Board and Town Planning Board has a great deal of power to determine that question. Ultimately that is what it is about. The developers submitted a petition of 259 signature in support of Burger King. None of those people are present. It is interesting. The people present are the ones that really care. They are the ones who live in the area and pay the taxes. They are the ones who the Town Government is elected and appointed for. No one knows who the supporters are. In 1971 there was a site plan approved for East Hill Plaza. In the site plan there was a requirement that the developer of East Hill Plaza create a row of conifer trees that are 425 feet long, 10 feet deep, and at least 5 feet high along Ellis Hollow Road. If the Town had enforced that requirement, this proposal would not be able to happen. The requirement has never been changed. He would like to see the requirement take place. The graphic titled "East Hill Plaza Neighboring Architecture" does not show the open space around the area. It does not convey the feeling of the surrounding area. In addition, he would like to see a graphic of the neighboring architecture of Mr. Rowe's Burger King in Dryden. Mr. Rowe is bringing a concept to the Town of Ithaca that he has been doing in other towns. There are a series of things happening in the Town of Dryden as a result of poor planning. Mr. Rowe is part of it. It is not a question of what organization he supports. It is what he has done to the community. The issue is what type of town is being created. It is also an issue of who the Town government represents. Does it represent any developer or the taxpayers? Martha Robertson,, 1655 Ellis Hollow Road, she would like to submit her comments to the Planning Board. (See Attachment #20). PLANNING BOARD PAGE 26 MAY 4. 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 -APPROVED = APPROVED -APPROVED --- Mary Squyres, 383 Hurd Road, stated she would like to submit a letter to the Planning Board rrom Johanna Gettinger. (See Attachments #21 =22). Kristof Ostland, 13 Ringwood Court, stated his concern is the image of the area once a fast food restaurant goes in. There is a domino effect. The area will become known for fast food. A change in the image of the area will have a direct impact on his business. Maryanne Newton, 378 Snyder Hill Road, stated she would like to submit a letter from her neighbors. (See Attachment #23). She does not think it is easy to get information about this project. There are many people in the area that do not understand how the process works. Ms. Newton stated it was mentioned that the Planning Board already has their mind made up. She does not understand the difference between the Town of Ithaca and City of Ithaca. She does not know if the Planning Board's approval /disapproval will end the process. Ms. Newton stated there are many people who do have opinions and are not certain how to go about it. The neighborhood would encourage another family dining option at East Hill. The neighborhood does not need a fast food restaurant and drive - through. There is a problem with traffic in the area. This will make traffic worse. She admires the rural character of East Hill Plaza. She does not want to see this change. Robin Seeley, 332 Hurd Road, stated that talking about the traffic study is important. Traffic is the biggest impact. It has not been clear how some of these numbers were arrived at. She called DOT to find out what is happening with the Judd Falls, Pine Tree Road and Route 366 intersection. The answer was that there is no current plan for anything. There is only a proposal being discussed at the beginning stages. There are safety issues that need to be addressed at this intersection. Ms. Seeley submitted comments to the Planning Board. (See Attachment #24). Bruce Turnbull, 118 Pine Tree Road, stated this board should act consistently with the Comprehensive Plan and the promises that were made when East Hill Plaza was allowed. Hollis Erb, 118 Pine Tree Road, stated she can see the horse pasture from her house. She begs the Planning Board not to degrade the quality of her neighborhood with a drive - through fast food restaurant. It will take the character away from the neighborhood. Cande Carroll, 176 Genung Road, stated she questions the traffic patterns and the traffic study that was done. The number of days is inadequate. She also questions the grouping of architecture. East Hill Plaza is very beautiful. It is a great shopping center. Ms. Carroll stated the series of nine photographs does not represent the shopping center as a whole. Taken as a whole it is beautiful. Ms. Carroll stated she questions the narrowing of the entrance /exit between the gas station and the East Hill Plaza. This was to formulize people's driving habits. If there is any similarity to the new configuration at the bottom of Mitchell Street, where Route 366 meets Mitchell Street. It is atrocious. People new to the neighborhood do not have a clue what to do. The ID sign is big whether it is 55 square feet or 50 square feet. A letter was read from an employee of East Hill Plaza and it gave the impression that having a drive - through Burger King would offer low cost nutrition. A few years ago the Ellis Hollow and Judd PLANNING BOARD PAGE 27 MAY 4, 1999 APPROVED -APPROVED -APPROVED - AUGUST 17, 1999 - APPROVED - APPPOVED - APPROVED Falls Road intersection was redone. It has changed since then. It is not a safe intersection as it was. then. It is already very difficult to cross as a pedestrian. There are not any markings or signs suggesting that there are pedestrians. For traffic coming into Ithaca from the south, most likely there will be a sign mentioning Burger King. This will bring in a lot of traffic. The newspapers show that drug deals come from the south of Ithaca. Is some of it going to be done at East Hill Plaza? Susan Shefter, 145 Pine Tree Road, stated a drive - through restaurant is a complete departure from anything else in East. Hill Plaza. If it were not, a drive - through chain restaurant would be acceptable to Burger King to put in the line of stores. She looked at the traffic study and she came up with a figure of 45% existing East Hill Plaza customers. Fifty -five percent will be newly generated traffic. The newly generated traffic will not be people who already live in the area and use the shopping center. It will be people outside of the area who will use the drive - through and leave a trail of litter. Ms. Shefter stated she hoped the Planning Board would not approve the application. Peter Salton, 206 East Upland Road, stated that Ithaca already has a mall, shopping center, and hundreds of parking spaces. The applicant is asking for 40 more. He does not see anything radical about the plan. This is not heavy industry. There is already litter at the East Hill Plaza. Behind the P &C and East Hill Plaza there are large dumpsters filled with trash. It makes sense to have nice landscaping around the restaurant. It also makes sense to have a restaurant. He welcomes it to be in the Town of Ithaca. Some of these business will go out. Burger King will be a magnet to East Hill Plaza. The Planning Department explained that the "C" District would not spread across the road into the farm fields of Cornell University, The Town of Ithaca needs to be business friendly. Peggy Walburn, 123 Hunt Hill Road, stated the traffic needs to be looked at carefully.. The snow removal needs to be addressed. Where will it go? Where will the commuters and buses park? There have been many promises made in the past in terms of buffers and the worries of future sprawl are real. Having been on a Town Committee she knows that things do not get enforced. There is too much for a town to do. Ms. Walburn stated she hopes the Planning Board would not approve the application. It is not needed. If Cornell University students need it, put it in Collegetown. It will serve the students far better than overwhelming the Town of Ithaca. A letter was submitted on behalf of Merry Jo Bauer. Please See Attachment #25. With no other persons present to be heard, Chairperson Wilcox closed the public hearing at 11:45 p.m. Chairperson Wilcox stated that it was not known how long the discussion would take. If at 11:30 a decision could be made by midnight, then the board would continue their discussions. Given it is 11:45 p.m.; the board will not be able to reach a decision for another two or three hours. It is appropriate that the board adjourn the Preliminary discussion of Burger King to the May 18, 1999 Planning Board meeting. Mr. Kanter stated it will be a long meeting with Burger King on the agenda. Chairperson Wilcox asked the Planning Board if a special meeting was needed to discuss Burger King. PLANNING BOARD PAGE 28 MAY 4, 1999 APPROVED - APPROVED - APPROVED - AUGUST 17, 1999 - APPROVED APPROVED - APPROVED' Board Member Hoffmann stated her personal preference would be a special meeting. She will not be able to attend the May 18, 1999 meeting. Attorney Barney stated there is not anything major on the May 18, 1999 meeting agenda. There is sufficient time to be able to discuss Burger King, Chairperson Wilcox stated the board has decided to adjourn the discussion based upon the comments that the board has heard. The board has decided to hold the discussion at the next Planning Board meeting, May 18, 1999. It will be held at Town Hall. It will be a meeting for the Planning Board to ask the applicant questions. It will not be a public hearing. The public is welcome to come and listen to the discussion. Public comments will not be permitted. MOTION made by Robert Kenerson, seconded by Tracy Mitrano. BE IT RESOLVED, That the Town of Ithaca Planning Board adjourns the Preliminary Site Plan discussion of Burger King to the next Planning Board Meeting, May 18, 1999, AYES: Wilcox, Hoffmann, Conneman, Kenerson, Ainslie, Mitrano, Thayer. NAYS: NONE. The MOTION was declared to be carried unanimously. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the May 4, 1999; Meeting of Town of Ithaca Planning Board duly adjourned at 11:51 p.m. Prepared by: Carrie L. Coates, Keyboard Specialist/Minutes Recorder Mary Bryant, Administrative Secretary for the Town of Ithaca Planning Board. Town of Ithaca 126 E Seneca Street Ithaca, NY 14850 VILLAGE OF CHITTENANGO VILLAGE HALL 222 GENESEE STREET CHITTENANGO, NEW YORK 13037 PHONE: (315) 687 -3936 FAX: (315) 687 -6622 The purpose of this letter is to give the Town of Ithaca some back ground information on the Burger King Restaurant that is located in the Village of Chittenango. Burger King has been an excellent neighbor to the Village and surrounding businesses since the time they entered this community. One of the factors that we look at when a new business wants to enter our community is what services they require and the actual dollars that we realize from taxes. We also look at the needs of the community, is this business a positive thing for our residents, will it generate jobs and what are the negative things that may happen if we allow them into the community. Pm happy to say that Burger King Restaurant has been a great asset to the Village of Chittenango. The services they require are very few and are limited to maybe a police issue of a fender bender in the parking lot or fire or rescue calls which are very seldom. The taxes that the Village collects is far greater than the services that are provided which helps the Village keep how taxes in check. The community is very supportive of our Burger King which is easy to see because the parking lot is always full. They also have been a great help to the local economy because they have employed many of our local residents. They are very supportive of all the local community organization. This is a great help to the groups that are putting on different types of events. Now that we have explained all the positive points of the local Burger King restaurant I would also say that over the years we have had a couple of complaints about relatively small issues and in every case the management of our Burger King was quick to react to the issues and the problem resolved with out delay. As Mayor of the Village of Chittenango I would say again that the Burger King restaurant is an excellent neighbor to our business community and would highly recommend that your community take advantage of what they have to offer. Please call if you have any other questions regarding this issue. Sincerely, Robert Freunscht, Mayor ATTACHMENT #1 TOWN OF SULLIVAN County of Madison TOWN OFFICE BUILDING 7500 LAKEPORT ROAD CHITTENANGO, NEW YORK 13037 John E. Gladney Supervisor April 30, 1999 Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 Dear Sir, Residence: (315) 687 -6984 Office: (315) 687 -9190 Fax: (315)-687 -5315 I'm writing this letter to you concerning the Burger King in Chittenango, New York. The business has been in Town for the past twenty years, just to fill you in on the history. Burger King has been an asset to the community in many ways. They are located within the Village of Chittenango within the Town of Sullivan. They have helped sponsor many local functions and activities. The range of programs run from Oz Fest, to assisting the schools with funding, to donating supplies for the local Parks and Recreation. They have created NO burden to the community. The Town of Sullivan is pleased to have them here. If you would like to discuss this situation with me please call the above number. S J6in E. Gladr. Town Supervi ATTArUVI FUT A r) TOWN OF SULLIVAN County of Madison Town Office Building Lakeport Road, RD #2 Chittenango, New York 13037 E1win.Centner Jr. Highway Superintendent April 30, 1999 Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 Dear Sir, Office:(315)- 687 -6031 or (315) - 687 -41 -90 This is a letter of support for the Burger King in Chittenango. This is notice that they have not created any problems with garbage, sewers or any other special district concerns. For example, the garbage pick up is included in their taxes but they have their own service. The Burger King has not been a problem to the local community. They have been good neighbors and I would recommend them to any community. If there are any questions, give me a call. 1� Elwin Centner Highway Superintendent ATTACHMENT #3 I -I OWN OF • i PARKS & RECREATION Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 To whom it may concern: 7507 LAKEPORT ROAD, CHITTENANGO, NY 13037 (315) 687 -3471 FAX 315 687 CO) ( ) - 15 WEBSITE: WWW.SULLIVANWEB.COM April 30, 1999 The Chittenango Burger King restaurant is an active partner in the greater Chittenango community. It is well maintained and professionally operated at all levels. The recent addition of a playground area has greatly increased the play spaces that children have available to them in the village center. For the past 15 years the support of the Town of Sullivan Parks and Recreation Department's activities has been greatly appreciated by all. Programs that the Burger King supports include the annual youth fishing derby and the "Yellow Brick Road Run ", an 8K road race drawing people from all over the area as the kick off for "Oz Fest ". These programs benefit a great number of participants and without the generous contributions from community patrons such as The Chittenango Burger King restaurant, we would have a difficult time putting them together on a yearly basis. On behalf of the Town of Sullivan Parks & Recreation Department and the Sullivan Community Council, I support the Burger King's efforts to open a new restaurant in your area. Sincerely, J�- Justin Pokines, Director Town of Sullivan. Parks & Recreation Department CC: Mr. PhilConstanzo Burger King Restaurant 520 Genesee St. Chittenango, N Y 13037 ATTACHMENT # 4 TOWN BOARD MEETS 'I ST WED. OF MONTH 7:00 p.m. S.C.C. 2ND THURS. 7:00 p.m. TOWN PARK BOARD 3RD WED. 7:00 p.m. ROWE RES TA URANT MANAGEMENT INC. 36 NORTH STREET DRYDEN, N.Y. 13053 TEL: 607 - 844 -3025 FAX: 607 -844 -3025 The following is a partial list of community organizations and events that we have helped with financial and/or product support. Many of them are ongoing relationships that have been in place for years. Chittenango Dollars for Scholars Dryden Dairy Days Fingedakes Independence Center Tully High School Academic, Top Five Tully Cross Country Club Mcgraw Senior Class Mcgraw High School Yearbook Chittenango High School Athlete of the Week Chittenango High School Athlete of the Month Chittenango High School Athlete of the Year Town of Dryden Bicentennial National Child Safety Council Tully Teachers Association Chittenango Lacrosse Association NYCNY Basketball Association Tully Hose Company (volunteer fire co.) Dryden Veterans Home Christmas Dinner Dryden High School Yearbook Bolivar Road PTA Tully High School Yearbook Chittenango Booster Club Dryden Sertoma Club Tully After the Prom Committee American Cancer Society Dryden Track/Football Committee Dryden High School All Night Graduation Party Madison County Sheriff Dept D.A.R.E, Tully High School Prom Night Party Dryden Varsity Cheerleaders Club Tully Varsity Club Madison County Head Start Saint Leo's Catholic Church Bridgeport Elementary Health Fair Madison County Office for the Aging Dryden PTA Etna - Freeville Nursery School March of Dimes (Bikers for Babies) Tully Rotary Club Southworth Library Association The Bobby Berkey Fund Promo Partner.doC „ , ATTACHMENT #5 1 1 .f L ROWE RES TA URANT MANAGEMENT INC. 36 NORTH STREET DRYDEN, N.Y. 13053 TEL: 607 - 844 -3025 FAX: 607 -844 -3025 The following is a partial list of community organizations and events that we have helped with financial and/or product support. Many of them are ongoing relationships that have been in place for years. Chittenango Dollars for Scholars Dryden Dairy Days Fingedakes Independence Center Tully High School Academic, Top Five Tully Cross Country Club Mcgraw Senior Class Mcgraw High School Yearbook Chittenango High School Athlete of the Week Chittenango High School Athlete of the Month Chittenango High School Athlete of the Year Town of Dryden Bicentennial National Child Safety Council Tully Teachers Association Chittenango Lacrosse Association NYCNY Basketball Association Tully Hose Company (volunteer fire co.) Dryden Veterans Home Christmas Dinner Dryden High School Yearbook Bolivar Road PTA Tully High School Yearbook Chittenango Booster Club Dryden Sertoma Club Tully After the Prom Committee American Cancer Society Dryden Track/Football Committee Dryden High School All Night Graduation Party Madison County Sheriff Dept D.A.R.E, Tully High School Prom Night Party Dryden Varsity Cheerleaders Club Tully Varsity Club Madison County Head Start Saint Leo's Catholic Church Bridgeport Elementary Health Fair Madison County Office for the Aging Dryden PTA Etna - Freeville Nursery School March of Dimes (Bikers for Babies) Tully Rotary Club Southworth Library Association The Bobby Berkey Fund Promo Partner.doC „ , ATTACHMENT #5 1 1 Onandaga County Volunteer Firemans Association Dryden Elementary School Marathon Elementary School Dryden Fire Department Christmas Party YMCA of Ithaca Girl Scouts of America Boy Scouts of America Salvation Army secret Santa program The Special Children's Center of Cortland The Dryden Baptist church Milliken Station Charity Fund Raiser (Milliken Ball) Brownie Troop #434 Freeville PTA Dryden Youth Baseball ( Babe Ruth) Spafford Area Historical Society Tully Elementary PTO Shelly Martin Benefit (St. Joseph's hospital) Saint Pauls,Church Church of the Immaculate Conception Tully Lake Property Owners Association Presbyterian Church of Tully WCNY public television station Preble Children's Center Labrador Mountain Ski Patrol Tully Community Fair Town of Fabius Bicentennial. Onandaga Pop Warner Football Association Fabius - Pompey Elementary School Vesper United Methodist Church Tully United Community Church St Jude Children Research Hospital Honduras Hurricane Relief Fund McGraw High School Student of the Month Promo Partner.doc 2 I/ 714 Valley Road Brooktondale, NY 14817 May 3, 1999 Town of Ithaca Planning Board Ithaca, NY 14850 Dear Sir /Madam, As a resident of Brooktondale and an employee at the East Hill Plaza complex I would like you to know that I wholeheartedly support a Burger King being located at East Hill Plaza. I have seen other fast food establishments in neighborhoods such as ours and have found them to be excellent neighbors. The trash is insignificant and I can not believe hoards of people will be traveling into this area to buy a burger. It is time that another option is available in this part of town. Five dollar sandwiches, although delicious, become very expensive for your average wage earner. It is time we had choices. Another avenue of revenue for the County would also be a novel idea. This area is zoned commercial and has the capacity to handle such an establishment. It is time we welcome businesses that have proven to be responsible and put individual agendas aside. As far as I am concerned, the sooner this Burger King gets built the better. Very truly yours, Ursula UHR/uhr ATTACHMENT # c May 3, 1999 Stacie Updike 41 Morris Rd. Freeville, NY 13068 Town of Ithaca Planning Board: I am writing to you today to support the new proposed Burger King at the East Hill Plaza. As an employee of East Hill Plaza it would sure be nice to have a fast food restaurant in the area. It would also be nice to have a selection of places to eat. I think Burger King would be very profitable and a good idea for the East Hill Plaza area. Sincerely, Stacie Updike ATTACHMENT #7 { 1 May 3, 1999 TO: Town of Ithaca Planning Board To Whom it May Concern, I am writing to you today to support the proposed new Burger King at the East Hill Plaza. As an employee of the plaza, it would greatly improve our choices for lunchtime meals. Obviously, since there are no fast food restaurants in the immediate area, this business would certainly be a profitable venture. I hope you will consider this venture and know that there are many employees at the East Hill Plaza, all of whom would certainly patronize this new, convenient, less expensive type of eatery. Thank you, 1 Anne Donath 160 Wygant Road #B -6 Horseheads, New York 14845 ATTACHMENT # 8 1, May 3, 1999 Amy Chapman East Hill Plaza Ithaca, NY 14850 Town of Ithaca Planning Board: I am writing to you today to support the new proposed Burger King at the East Hill Plaza. As an employee of East Hill Plaza it would sure be nice to have a fast food restaurant in the area. It would also be nice to have a selection of places to eat. I think Burger King would be very profitable and a good idea for the East Hill Plaza area. Amy Chapman ATTACHMENT 469 1 ouse TLETS ,et INC. 92 Glenwood Ave. • Binghamton, NY 13905 • (607) 797 -5040. 797 -8051 Fax (607) 797 -6478 East Hill Plaza • 337 Pine Tree Road • Ithaca, NY 14850 • (607) 273 -0001 Fax (607) 273 -0004 3100 Watson Blvd. • Endwell, NY 13760 • (607) 754 -2526 Fax (607) 754 -1725 2400 Corning Road • Elmira, NY 14903 • (607) 733 -2000 Fax (607) 737 -9644 ici l_ - _._Ii'•t:.i .`i:�..• ~! cn . f f Ll I'il c.1 f? ci C7 !? .T:: = ri'l =: i it Y i : t l_{ ? _ ci I" U I 'G -n r ba ':i1(a 1= cirl'= 'cr.ICt.' _i I,f Tile ne,-1 )'jj.Ile —g _4r �t::.a `(: 1 _� <-'�JU :�i -it7 pow. !�•1v L.j is �. i. L 1'`.L: ��. 1iJ i.at 74In. �WP 'S� -�= v�1iJs 'm u. Ci 'LED 1-:�.L '~.i. V devS =1C•illt )l s f. r Si?'. /era1 tp iS fIEl1,y i= StaUrari'u {:.%}..Li =`J:C^ a. _?!';� /=i':1?fi ��tµYr;til' 2 S 1-1 tom- r i;c �10 i:i1i� I =: s_r i"� i t'. ,_,=tp i '1 ;. iil'.'S. '� ..> _. ._ _1_.lrre j 2lti IMF =aa li�,'7!= ;iJ ?� J.i?IiS. ?fli?ci-Cli�tly �iiC? i'`'�:yg I .. .� y l !.! i_ j . C'_" ` F. a .!..� pip.i ..a a Ip" Wii prl=S �Cr? !? C''•. = :',r r3 b( rove 7r J �:•�r l _'fi =r aii _ vi�1s �:� T F �� - — lip f p4p -L arid. CZ y Manage2l r ID C 1'': 2 S 1-1 tom- r :, W 1 r'1 r! pup ,` ?fli?ci-Cli�tly �iiC? i'`'�:yg D�/Sryryr =ti.L pppo. CZ y Manage2l r I. Giie P. Z.- �:,{`�i�•!_au `• :e7 ::A fQ+'; 'iii :i:1_ �3.L '_:_: ATTACHMENT # 10 pup I. Giie P. Z.- �:,{`�i�•!_au `• :e7 ::A fQ+'; 'iii :i:1_ �3.L '_:_: ATTACHMENT # 10 PETITION TorAIL Currently there are few restaurant and carry -out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel many miles through numerous neighborhoods and congested areas throughout the greater Ithaca area to reach restaurants and carry -out food establishments in Lansing to the north, and on Route 13 to the southwest. These trips consume fuel and time, add congestion to the local road network, and negatively impact other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents'. NAME ADDRESS .f e r 1 r r r /��r, � �� � VK.•t' f. �' JJ st r 6Z1 �! 1 ATTArUM -V7%rr Al t IN t 11 I i 1 . 4 _ . .r r 1 r r r /��r, � �� � VK.•t' f. �' JJ st r 6Z1 �! 1 ATTArUM -V7%rr Al t IN t 11 I i 1 . 4 _ NAME � � P , r ok J �[ • V i GY/YXQ ADDRESS �I II l' l� K 1 Jr „ I [II 1 : 1 , I it 11 I S'7 PETITION Currently there are few restaurant and carry -out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel many miles through numerous neighborhoods and congested areas throughout the greater Ithaca area to reach restaurants and carry -out food establishments in Lansing to the north, and on Route 13 to the southwest. These trips consume fuel and time, add congestion to the local road network, and negatively impact other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents. NAME ADDRESS ;s7 C�3L I&OMroIiiPmJ D rNIAIj ST Dr :4 Y Yt� C/ Svz/- PPPPj "(5U/4-/ U1 Se, % n' z� a IPA`' �. %a.-� Deb a ;. . ,,._.. ' L6. xt �I- ,,, 17W,,O c0-, NAME AD n n s f t' n .i l lei lnl;l( Co�wll Ael 79 3M, 'J v i - "R/f"AW Z 93�� Rl ss r (20. j.r re e5o X1; /f * r7 Aaf� •4oc" �y 7 I Von VNI E O)ILLn... P. IU Rr S.S L goo 12J Illkjo-.- - . -.... ..._._... - -- ..._ __... w _. _F.. --- .... -_ .__ .. - -- ...._._ _._.._.__I.,.._.._.._._ -- _...... ..- __..._._ _. _. ..., ._. .. _ _...- ....._.._ -._ .. _..,._..__. .- __ . __ - -.... ._ - -..._ _. _.. i i i PETITION Currently there are few restaurant and carry -out residents of East Hill, including the Ellis Hollow, P Pine Tree Road, Belle Sherman, and Varna neighbort East Hill residents must travel many miles through av and congested areas throughout the greater Ithaca are and carry -out food establishments in Lansing to the not the southwest. These trips consume fuel and time, add road network, and negatively impact other neighborhoa ` rOT+4L options available to Home, Snyder Hill, among others. moire 7 i to reach restaurants th, and on Route 13 to congestion to the local We urge the Town of Ithaca Planning Board to grant the request to construct a Burger ring at East Hill Plaza, thereby providing a restaurant and carry-out food alternative in closer proximity to East Hill residents ADDRESS I,', N I� �► i 11J • i r .� � � � � • ..�• :' ` ►. � ,'.,.►, 1•'r 1, l' '1 ► •'� � :; i • < / / %I� Ili5�•.:�;. ., r. �� r.. ?i ". :w !6R. 1::/ � •1,• •'�I� //O, 0 ��' . i• r'n� %�w• %rl %� MORN 1 �... it 1.9•_•: r..t. r�:.� I�lu'_J_�� 1..6 ..1�J�• _. a, l b "8 �Ifl I00 t6 S U, A r4 1)rIV e L I fih cok PAAt. 1/1 ^" / / uJSD 1 ICLIII� r 2 3 Y h G 5 �o �r NAME 2, j4d� Pao EecZ^. 0 ADDRESS �a& Q/Ac�.rood. or 7'Z44WCAQI=� !-m) noA 1 ^ r-f . P- ( ;L Z A t —�S kr.� W �-c Or- T_ mod. TOTAL P.03 2_ 3 y 5 �i- X' . ti ta. �Z r3. r�. NAME iLE "am. ss .ea �jY /qm TOTAL P.03 T777 ru .1 V • .. F w�iw'^! 111 ` • �'FFf y�.tl W 1l• M1i81 ` �' MY y W { I�"� %� Kt`s 1 z y • �.. WPM UDWMMME, NAME- ADDRESS . t Jo (036 8-da�E oroa dS �2y LVoo � cA I ao a o-,, ci s box 6 tlz4tc RAJ CA Orr^. m AA 6046 -e VA i4-, e. -Oo �jn. lr6a l,/Y, /� 1 - J� ��%ft I Z E (s 5 y WA PETITION s''�'° J� I rA Currently there are few restaurant and carry-out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel man; and congested areas throughout the and carry -out food establishments in the southwest. These trips consume road network, and negatively impact r miles through numerous neighborhoods greater Ithaca area to reach restaurants Lansing to the north, and on Route 13 to fuel and time, add congestion to the local other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct .a Burger King nt East Hill Plaza, thereby providing a restaurant and carry-out food alternative in closer proxniity to East Hill residents. NAME ADDRESS I 1 M -i T�'lxnr ta UY )V ?S16 7,e� c.. �j6. J L COXG I� &:Z /-fie.. NY /Y65-63 .r z" /4 weYey% /sz % /i /4 eid 403 E fu4woodVt CQI,a, a . y►o �\n,� ��b 'Rile* 11 H!Cc ::�OL 1Vxxe' w wlam YOGI C4 i TA-%Cja. 14 KS L NAME A, I LO Z3 G re� Tee ZG v Alm o Z� ( Orr 1 3 G 31 m i ti 3� carj, f 33 r - 3q 414 Ffi e,l� 3� ✓ 1A %x q O 1 ( t l�d�n r,.L� b4 Lois La.w,AA21441 , NY llin-0 W�s SLAN 0 ?�o w. I It'd w I �.{¢taca, �r r Hvso % Ina« T f:2b PtnMA Ln• vv\QC.: I t I ids .e,„ ck -c -z l b c,tFe 0 I L4 - nay rl t CA lle jm gg/ (. o wE2 ZTH�Li�i AJ i YBS� Aar (48Sd Uift Cf I ,mot *4 �-y� _ Aly ,Yjjo� 0-AA �� I ("CA CC. 1 TOTAL P.03 73 I y - ro*T� L. PETITION Currently there are few restaurant and carry -out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel man: and congested areas throughout the and carry -out food establishments in the southwest. These trips consume road network, and negatively impact y miles through numerous neighborhoods greater Ithaca area to reach restaurants Lansing to the north, and on Route 13 to fuel and time, add congestion to the local other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King uL East Hill Plaza, thereby providing a restaurant and carry-out food alternative in closer proxmity to East Hill residents. NAME FA 114el Re u, R ' �� L4aJ0 7�n PETITION Currently there are few restaurant and carry -out residents of East Hill, including the Ellis Hollow, I Pine Tree Road, Belle Sherman, and Varna neighbor East Hill residents must travel many miles through nu and congested areas throughout the greater Ithaca are and carry -out food establishments in Lansing to the not the southwest. These trips consume fuel and time, add road network, and negatively impact other neighborhooi I options available to Home, Snyder Hill, among others. erous neighborhoods to reach restaurants 1, and on Route 13 to )nLrestion to the local We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents. NAME ADDRESS a -ac= LC\ M (30 LCR Ljiitti �OU LlJi?Xi ZOG �/GV11JSk/�Ek% I D lrl 1ri�•/% aL 6F i4 I v3"� J ti ~� � : k , P C 1- lysri� "ro7A L PETITION Currently there are few restaurant and carry -out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel many miles through numerous neighborhoods and congested areas throughout the greater Ithaca area to reach restaurants and carry -out food establishments in Lansing to the north, and on Route 13 to the southwest. These trips consume fuel and time, add congestion to the local road network, and negatively impact other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry-out food alternative in closer proximity to East Hill residents. PETITION Currently there are few restaurant and carry -out residents of East Hill, including the Ellis Hollow, F Pine Tree Road, Belle Sherman, and Varna neighborl East Hill residents must travel man, and congested areas throughout the and carry -out food establishments in the southwest. These trips consume road network, and negatively impact y miles through nu greater Ithaca are Lansing to the not fuel and time, add other neighborhoo, TDTY`1 L options available to Home, Snyder Hill, among others. neighborhoods to reach restaurants ►, and on Route 13 to ingestion to the local We urge the Town of Ithaca Planning Board to grant they request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents. NAME / re 9 -Z�? 41Q1_= PN C tR �foole =6FJ&W/= , Fc 4�p AL- PETITION Currently there are few restaurant and carry -out food options available to residents of East Hill, including the Ellis Hollow, Forest Home, Snyder Hill, Pine Tree Road, Belle Sherman, and Varna neighborhoods, among others. East Hill residents must travel many miles through numerous neighborhoods and congested areas throughout the greater Ithaca area to reach restaurants and carry -out food establishments in Lansing to the north, and on Route 13 to the southwest. These trips consume fuel and time, add congestion to the local road network, and negatively impact other neighborhoods. We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents. NAME ADDRESS e5c7 lqv PETITION Currently there are few restaurant and carry -out residents of East Hill, including the Ellis Hollow, F Pine Tree Road, Belle Sherman, and Varna neighborl East Hill residents must travel many miles through and congested areas throughout the greater Ithaca and carry -out food establishments in Lansing to the the. southwest. These trips consume fuel and time, road network, and negatively impact other neighborl �TC> nor LW options available to Home, Snyder Hill, among others. merous neighborhoods a to reach restaurants th, and on Route 13 to congestion to the local We urge the Town of Ithaca Planning Board to grant the request to construct a Burger King at East Hill Plaza, thereby providing a restaurant and carry -out food alternative in closer proximity to East Hill residents 1. NAME AD I&FA li/!��L� / ��1.;i .� -•' -!� is I �u (Ala zlel L10 F YI ar/►ij a,5 c oe c te�� e ►,� o I V E 149 NAME ADDRESS Ellen Schmidt - 8 Genung Circle Ithaca (Town of Dryden) I would like to address the Impact of Growth on Character of Community or Neighborhood that one fast -food restaurant and the domino effect ofyF adding more drive -thrus to the immediate area West of EH Plaza would have on East Hill Plaza and its environs. Not a new problem in this country, an April 19, 1996 Gannett news report's title reflects it's content: "America's Towns Have Lost Their Individuality in a Modern Chain Reaction ". The first sentence reads, "Everywhere we go today, everything looks the same. Yes, the Mississippi River at Vicksburg, Miss., is wider than the Rappahannock at Fredericksburg, Va. But go to the intersection of U.S. 61 and Interstate 20 outside Vicksburg, then to Interstate 95 and Virginia 3 in Fredericksburg. Or Hospitality Lane in San Bernardino, Calif. Turn 360 degrees in those places among the Taco Bell and McDonald's, Pizza Hut , Jiffy Lube and Aamco Transmission and then tell us which is Mississippi, which is Virginia and which is California. (No fair looking at the license plates.) Out in edge- of-the -town America, where nobody lives and everybody drives, Vicksburg looks like Fredericksburg looks like Boise looks like San Bernardino looks like Santa Fe. National chains and franchises have laid a carpet of uniformity on the commercial landscape, and in many cases, have killed downtowns in the process. The same holds true in shopping malls, where the faces of national chains and the usual fast food outlets dominate the food courts. Today in the United States, there are 9,747 McDonald's, 11,358 Subways, 8,064 Burger Kings, 4,242 Domino's Pizzas, 3,435 Little Caesars, 2,624 Dunkin Donuts, 1,531 Days Inns, 1,512 Holiday Inns. In 1979, discount retailer Wal -Mart had 276 stores; today there are more than 2,200. In 1980 the top three fast -food companies had 13,000 outlets; by 1994 the top three had 36,000. Wherever in this country you travel, wherever you stay or eat, the good news is there are no surprises. The bad news is ... there are no surprises." It is not a unique concern that we are having here: It is not only the neighborhood residents and consumers who are having grave concerns about the uninvited intrusion of large chain outlets. The December `96 `Business Times "reports that traditional neighborhood business districts are "drowning in the tidal wave of ubiquitous chain retailers." Although the SEQR process was not continued in regard to the Burger King at East Hill Plaza, a perusal of the document prepared by the Town of Ithaca Planners is instructive. The information that the Planning Staff of the Town of Ithaca filled in on Environmental Assessment Form Part II helps us to see how the planners were viewing the compass needle: ATTACHMENT x612 f 0 Question 19 reads, 'ill the proposed action - i.e. Burger King - effect the character of the existing community? ", The Town Planners checked the box `yes ". In the examples of the thresholds of these effects on the character of the existing community • the planners checked `yes" to: "Proposed action will cause growth in the density of land use" • And `yes" to "The development will create a demand for additional community services (e.g.police, fire) r Opemaeadi xewpple It is clear from reading the way the Ithaca Planning Staff filled out the SEQR Form that they recognized the potential change in character that will ensue if this Burger King is approved. The original plan for EH Plaza was to create and maintain a neighborhood shopping center with community character reflected in architecture, landscaping, lighting, signs, and local neighborhood merchants. In the Comprehensive Plan, the commercial zoning designations a,b,c,d are to be replaced with three new types - the relevant one is "Neighborhood - Commercial ".. The Comprehensive Plan indicates a need to revise the old classifications of commercial zones in order to consider land use and neighborhood character. Commercial does not equal commercial and the Plan recognizes that. We have a window of opportunity to look very carefully at what this neighborhood will look like 57 10, or more years from now. Indeed, we have the opportunity to determine whether there even will be a neighborhood. When I was interviewed by members of the media a week ago after delivering a lecture, some of my comments detailed the !per a"�n�?requent violence that the loss of community and the loss of connectedness of individuals within a community have brought us. Being reduced to ant hills is what our country has always resisted, Instead we celebrate uniqueness in individualsyand„ our communities. r�•.7e��l�boc-{�oc� S By my signature below, I assert that I live in one of the residential areas (Bryant Park, Ellis Hollow, Pine Tree Road, Honness Lane, Snyder Hill Road, Forest Home) which collectively make up the East Hill neighborhood and which will be affected by the proposed Burger King drive - through restaurant; AND 1. since there are other carry-out restauarants in the East Hill Plaza (Collegetown Bagels, P & C Foods, Ling -Ling Gardens) and another fast -food restaurant within one mile of the East Hill Plaza (Wendy's) there is no need for Burger King in the proposed location at 1006 Ellis Hollow Road. The use of 1006 Ellis Hollow Road for a Burger King restaurant does not fill a neighborhood need. 2. the existing and probable future character of the neighborhood in which Burger King is to be located will be adversely affected. I base this on evidence of the attached references establishing the loss of community character and individuality once a major fast -food chain becomes established. There are currently no national or international chain stores in the East Hill Plaza, Adding Burger King will begin a process of losing the individuality of our neighborhood. 3.4. the general effect of a Burger King drive - through upon the community as a whole is detrimental to the general welfare of the community (by means of significantly increased traffic [demonstrated by the Burger King - Traffic Solutions traffic study], increased litter [demonstrated by the lack of any specific formalized agreement between the town and Rowe Restaurants about litter pick -up], dramatically changed visual impacts, and loss of open space important to the community). The open space at 1006 Ellis Hollow Rd. is important to me as a visual buffer to the East Hill Plaza and its acres of parking lot. The general effect of a Burger King drive - through will be to set a precedent for approval of other similar chain restaurants to locate nearby. If Burger King opens at this site, the probability that other major changes in this neighborhood will occur within five years increases significantly, since fast -food restaurants rarely stand alone. They are clustered. There are 7 parcels of land owned privately that could be sold to other fast -food chain restaurants if Burger King opens at 1006 Ellis Hollow Road. The cascading effects (further increases in traffic, in litter, and adverse visual impacts) will change the character of our neighborhood. These cascading effects are detrimental to the general welfare of the community. On the basis of these assertions I urge the Planning Board NOT to recommend Burger King (1006 Ellis Hollow Rd.) for a Special Approval from the Zoning Board of Appeals. NAME (print) SIGNATURE ����9inaJs be�ny hetd� 0� AP p ecJa mec�� ATTACHMENT #13 ADDRESS ar7 Wi k A&Ot 4 Sc hirvie ea ANA(� Frank Baldwin 149 Pine Tree rd. Blythe Baldwin 149 Pine Tree Rd. Purnima Baldwin 149 Pine Tree Rd. Sarah Baldwin 149 Pine Tree Rd. Susan Shefter 145 Pine Tree Rd. Bruce W. Turnbull 118 Pine Tree Rd. Martha Turnbull 118 Pine Tree Rd. Martin Shefter 145 Pine Tree Rd. Edith Cassel 152 Pine Tree Rd, David G. Cassel 152 Pine Tree Rd. Jeff Olson 202 Pine Tree Rd. Kathy Gleason 202 Pine Tree Rd. Arete Brim 146 Honness Lane Judy Mark 147 Pine Tree Rd. Alison Casarett 144 Pine Tree Rd. Louise Bernian 143 Pine Tree Rd. Chris Vren 143 Pine Tree Rd. Cecilia Cowles 143 Pine Tree Rd. Christa L. Bissell 137 Pine Tree Rd. A J. Mecenas, MD 105 Pine Tree Rd. Joy G. Mecenas 105 Pine Tree Rd. Meena Howbal 105 Pine Tree Rd. Mary Fischer 135 Pine Tree Rd. Richard Fischer 135 Pine Tree Rd. Thomas J. Reimers 3C Wildflower Drive Leslie Miller - Bernal 105 Cornell St. Pierre Clavel 109 Cornell St. Jane M. Dieckmann 201 Worth St. Richard Rosenbaum 201 Worth St, Bonnie Rabin 107 Cobb St, Joseph M. Caloo 110 Cobb St. David Weiner 109 Cobb St. Alega Simons 111 Cobb St. Coert Bonthius 207 Cobb St. Kate Bronfenbrenner 207 Cobb St. Helen Engst 211 Cobb St. C. Vivian Lorenzo 229 Valley Rd. Catherine Davidson 306 Worth st. Diane Morton 28 Cornell St. Karen Laureth 102 Joanne Drive Donna Fleming 100 Valley Rd. Cynthia Schnedeker 409 Mitchell St. Page Webb 9 Parkway Pl. Karen Westmont 206 Forest Home Drive Ruth Mahr 103 Judd Falls Rd. : �f 5 Lynn Podleski 708 Mitchell St. Kris Althuler 708 Mitchell St. Joe Leeming 609 Mitchell St. Robin Seeley 332 Hurd Rd. Martha Robertson 1655 Ellis Hollow Rd. Steven Robertson 1655 Ellis Hollow Rd. Linda Lavine 209 Ringwood Rd. Gordon Rowland 1166 Ellis Hollow Rd. Robert Kuehn 1150 Ellis Hollow Rd, Janis Graham 1150 Ellis Hollow Rd. Louise Schefkowitz 1175 Ellis Hollow Rd. Lane Heller 1175 Ellis Hollow Rd. Lewis McClellan 108 Crest Lane Louise Kingsbury Jack Kingsbury Barbara Keeton Janice Bretscher Joan Albern Elisabeth Schryver Sally Norcross Margaret Coles Nariman Mistry Lucille Miller Virginia Mistry Daren Miller Jeanette Knapp Warren Knapp Stephen Keast Dan Mittler Thomas Kern Margaret Kennedy Thomas Eisner Maria Eisner Carol B. Skinner Ruth Schwartz 10 Snyder Heights 10 Snyder Heights 5 Snyder Heights 293 Ellis Hollow Creek Rd. 5 Sunnyslope Terrace 547 Ellis Hollow Creek Rd. 1171 Ellis Hollow Rd. 6 Sunnyslope Terrace 1159 Ellis Hollow Rd. 74 Dodge Rd. 1159 Ellis Hollow Rd. 74 Dodge Road 1143 Ellis Hollow Rd. 1143 Ellis Hollow Rd. Hurd Rd. 3 Eagles Head Rd. 114 Park Lane 63 Hickory Circle 60 Hickory Circle 60 Hickory Circle 398 Ellis Hollow Creek 3 Sunnyslope Terrace Charles Wilcox 10 Hickory Circle Suzanne Lowry 55 Hickory Circle Muriel Brink 206 Tudor Rd. B. A. Lewis 139 Snyder Hill Rd. Jules Benjamin 204 Tudor Rd. Lou Anne Bangs 201 Tudor Rd. Mary Ellen Stewart 110 Tudor Rd. Francoise Vermeylen 108 Tudor Rd. Harry Taggart, Jr. 107 Tudor Rd. Yimin Xu 205 Tudor Rd. q5 i M. Elizabeth Colucci Diana Yee 206 Marie Sanderson 210 Stephen J. Colvicci 251 Caren Rubin 212 Virginia Steele Roger Steele 217 Susan B. Martin 209 Kristine Shew 207 Tudor Tudor Tudor Tudor 217 Tudor Tudor 209 Tudor Rd. Rd, Rd. Rd, Rd. Tudor Rd. Rd, Rd, Tudor Rd. Katie H. Payne 397 Turkey Hill Rd. Gary B. Wallace 1139 Ellis Hollow Rd. Sam Richmond 1139 Ellis Hollow Rd. Cynthia Sherman 42 Sparrow Crest Paul W. Sherman 42 Sparrow Crest jean Bonasera 363 Hurd Rd. Mary Squyres 383 Hurd Rd. Linda Garrett 1907 Ellis Hollow Rd. Dennis Ryan 1878 Ellis Hollow Rd. Elizabeth Regan 1878 Ellis Hollow Rd. Alicia Alexander 136 Hunt Hill Rd. Mark Sorrells 103 Hunt Hill Rd. Nancy Sorrells 103 Hunt Hill Rd. Herbert Schryver 547 Ellis Hollow Creek Rd. Wayne Gottlieb 1397 Ellis Hollow Rd. Susan Suarez 1397 Ellis Hollow Rd. Drew Harvell 3 Sunny Knoll Charles Greene 3 Sunny Knoll Bud C. Tennant 4 Sunny Knoll Priscilla Tennant 4 Sunny Knoll Zorika Henderson 7 Sunny Knoll Charles Henderson? Sunny Knoll Theresa M. George 93 Ellis Hollow Creek Rd. Suzanne Spitz 1402 Slaterville Rd. (corner Honness Lane) Nancy Cooke 142 Pine Tree Rd. Frances Helmstadter 305 Ithaca Rd. Shelly Blackler business owner, Knitting Machines etc. on Mitchell Street Richard Riley 71 Woodcrest Ave. Laura Chumley 62 Woodcrest Ave. Susan Bull Riley 71 Woodcrest Ave. Cheryl Barton 63 Woodcrest Ave. W.T. Barton 63 Woodcrest Ave. Andrew Hayward 58 Woodcrest Ave. Linda Myers 54 Woodcrest Ave. Sanford Sutman 54 Woodcrest Ave. Mary Jane Porter 43 Woodcrest Ave. �6 4 Keith Porter Jouyoung Lee W. O. Sack Cindy Milner 43 Woodcrest Ave. 38 Woodcrest Ave. 36 Woodcrest Ave. 66 Woodcrest Ave. Elizabeth Livesay 785 Snyder Hill Rd. Susan Hatch 696 Snyder Hill Rd. Martin Hatch 696 Snyder Hill Rd. Jane Lomley 742 Snyder Hill Rd. Kathryn Thompson 30 Sodom Rd. Bruce Thompson 30 Sodom Rd. Nina Thompson 30 Sodom Rd. Carl Gottlieb 111 Dewitt Pl. Ned and Ann Dyken 750 Snyder Hill Rd. Raymond P Glahn 785 Snyder Hill Rd. George Livesay 147 Snyder Hill Rd. Beverly Livesay 147 Snyder Hill Rd. Larraine R. McCue 101 regency Lane Pegyl Uk,.(�n 04-�c- (23 ( fhc( U . V& WV0 Ito Cobh Kaxe s ku ut� tl fC l-f ow.p o Ee `�uc�i;�q l-i ai Karfwooa� Qd . M (C4e( Co me((,c. 2-6( 14Aaca �d Rt6\ Ber%S{eeh, 103 Cd je. PA. SitQ (� W tna1'o 419 Ail( fcJ\t(( Sf. l.aur'ie M. JoinWd -)% 4(t Meftkel( St. Ri r Kanzo ki (4(la kc kReq S{-. Bodo Karris 4((o Af fcAec( Sf. Sue lfer1364 koY A(fcke(( 5t. G. David Qrumjml 20, Fat{ m6CJVL Ave.. Joa.,, Jcjcobs ewroLf,j 20( F��oum /hoc.. S¢e I/en Rogers 205 Faar wto uKk Aur . Ucana Cuts Zo(p e( (hwood Avc. A. R oW t 20 s Fam atiowtit- A\x . 2unal� �r�w � o n til . Conrad PCt,1 c.ca. klix(c Sae rem. 106 Wes r44 t S+4 l6 G 6 (nett; 60 0( t{3 6 kt, ft Le cr sF 2 3 dL.4c e(1 Sf �f« AZ tdak Sf-. Scoff A dakS Cfex. kondpo.3kov W3 At dke(( sf. tos VkiwoodC Jck, Scje fjcc [(g Z'rUtn4 1P(O.W.. suzce crga e c( f!Q AOMOLS ( (JCL . C� h.'f. c0.. (C rafiklh ZO ? 8 A' % fee lam( 3 3 Z Build e4 COMMENTS ON A BURGER KING OUTLET AT EAST HILL PLAZA The Rev. C. L. Mowers, PO Box 130, Brooktondale, NY (539 -7930) I'm speaking as a twenty -year resident of the area just east of Ithaca. For all those years, most of my routine shopping and many other activities of my daily life have been centered at East Hill Plaza. I have seen the level of activity at the Plaza grow over the years, so it is now perhaps the busiest area of its size in Tompkins County. Pine Tree /Judd Falls Road was recently listed in the top 5 roads in the Ithaca area for volume of traffic. The Plaza parking lot is one of the most crowded and potentially hazardous places to drive - or walk - which many of us ever visit. I'm fortunate to be in good health and have good eyesight, yet getting from my car to the safety of the colonnade is often a challenge. I have real concern for the seniors at Ellis Hollow Apartments who must cross the lot to the grocery store or pharmacy from their homes. Perhaps no cure for the present condition is practical. But I can't think of anywhere around Ithaca where a drive- through restaurant would be a worse idea. The inevitable back -up of vehicles during peak hours is enough of a problem, to say nothing of cars driving away while the driver and other occupants sort out their sodas and French fries, and the daily round of deliveries to a business which, unlike the rest of those at the Plaza, would have no out- ot-the -way rear entrance. The developer may see market potential among Cornell students, a population who could be said to be "under - served" by food franchises. But the nearest area of concentrated student housing is at least four blocks away, and - guess what - they'll drive their cars if there's a Burger King at the Plaza! My final point is the Plaza neighborhood. Sprawl certainly has happened here. In recent years we've seen a hotel, many Cornell offices, and two large Cornell athletic facilities added to a small area which already had four banks, a major supermarket, a pharmacy and at least fifteen other businesses. Yet the area retains an open and welcoming appearance as a major eastern gateway to Ithaca. Locating a Burger King outlet at East Hill Plaza would increase danger for vehicular and pedestrian traffic; it would make current Plaza businesses less attractive and accessible to customers; and it would sharply degrade the nature of the neighborhood. We see what "franchise fever" has done to Elmira Road. Ellis Hollow and Pine Tree can still be saved! ATTACHMENT # 14 a I am a property owner in the town of Ithaca, and I live at the top of Woodcrest Avenue with my husband and daughters. Our back yard looks up at the Cornell Horse Barns and the fitness center, so as the crow flies, we are very close to where Burger King would be going in. Walking up to the East Hill Plaza takes about fifteen minutes if I follow the East Hill recreation path to Mitchell Street, then take Mitchell on up to the Plaza. Walking along the recreation path is beautiful, and Mitchell Street has a sidewalk that goes as far as a back driveway of sorts that leads to the Judd Falls Plaza. This route to the Plaza is well used by many, such as graduate students who live in the housing between Mitchell and Maple Streets, residents of the Belle Sherman neighborhood, and residents of the condominiums that border Honness Road.( It would be extremely dangerous to continue to walk up Mitchell St. past where the sidewalk ends.) With a Burger King on Ellis Hollow, I imagine pedestrians will want to make a straight shot towards it, risking the part of Mitchell that is wildly unsafe, particularly in winter when there is no shoulder to the road and the snowbanks rise abruptly from the roadside. For pedestrians from down the hill heading anywhere in East Hill Plaza, however, it should be noted that that Judd Falls Road is already a dangerous crossing to make. There are several lanes and heavy traffic. As it is, I allow only my teenager to negotiate that traffic in her beloved expeditions up to Collegetown Bagels. The heavier traffic that would accompany a Burger King would make her trips up to the Plaza so much more hazardous than they already are that I doubt I'd allow it any more. And since the arrival of a Burger King would inevitably herald the arrival of many more similar businesses, it wouldn't be long, I sure, before a walk to East Hill would be very undesirable. I would miss very much having a place where my neighbors and I could comfortably walk to. What a loss - yet another place fit only to be driven to! Just the domain of cars and lots and lots and lots of them. What's at stake here is the character of the entire area. I know lots of kids - my own included - who wouldn't mind at all having the convenience of burgers and fries virtually next door, but what surprises me is that there are grown -ups who can't see past the conveniences and recognize that allowing in a Burger King would open the door to this area changing forever into a dirtier, noiser, more crowded and dangerous intersection. Aren't there businesses that would thrive there besides a traffic - generating drive - through? The area is on the edge of being a cars -only sort of place, and the arrival of a drive- through would tip the balance towards being a place hostile to walkers. Please insert my comments into the public record of this hearing. Susan Bull Riley 71 Woodcrest Avenue Ithaca, NY 14850 ATTACHMENT # 15 4 Cindy Kramer 207 Bryant Ave. Ithaca, NY 14850 May 5, 1999 Town of Ithaca Planning Board 126 E. Seneca St. Ithaca, NY 14850 Dear Planning Board. As a resident of the Bryant Park neighborhood in Ithaca I am opposed to the building of a Burger King at 1006 Ellis Hollow Rd. My concerns are related to the following potential negative impact of a Burger King at the proposed location: *Increased traffic in the immediate area and the surrounding neighborhood, accompanied by increased noise and a decrease in safety for street crossing, especially for children. *Growth in trash on the streets. • Negative impact on locally owned restaurants in the East Hills Plaza area. •Decrease in the values of residential property as a result of increased traffic, noise, and trash. •Compounded impact by the likelihood of additional drive through restaurants in the immediate area. Whether the level of service with the increased traffic appears to be acceptable to Burger King and traffic engineers, is not my main concern, but how the decision about the Burger King site will impact the quality of life and safety of the streets in the surrounding communities is critical. We need to ask ourselves about who will benefit from this and whether we need a Burger King at East Hills Plaza. The primary documents that are being used by the Planning Board have been prepared by Burger King and traffic engineers. I do not feel that my point of view as a resident is represented by these documents. If you consider not just current interests, but the future interest of our neighborhoods and the community our children will inherit, then you will vote no on the Burger King site plan. S' cerely, Cindy amen ATTACHMENT #16 l Ttle3daL, i'a 4+. 9 _ J Fes♦ { r., } } th 1+k a -a 1 FeI r nj 1 Q r' +_r _vr, ?:I �� !_lle f!1�UvU ���i�(n �� / ±ti i.��7 L'`J Jr'J tl' -t + .�p(� �r Y It l , j4 �17 -j +' •'O �IiY^ j yi ,a} , t F 01 1. i- rop1�.� d 8urq�-, ,,..,ila jr-. is -t:,: -d qh l .e ta..., F,n. iJt Ea.1•. hi � � , aza m `i•.'.I� l'� i.JLrl !'i. t';:ahr. ; +:: -) • IU,dd r a RI.J., 7 +?w n of I !I lacy There are nurr:uar o f oV11st phut i wourld' lflke to ivri3 a rat-larding the !_ r' i r ?!J 2 aI t1? Uizilu _ +. rger t�.ing Ur -': ve Ir�1.in re_ l.a�_,, 1Jri! lIB Ca a t H.1! P1$�!�. 1. ReIe`dance of the Town Cotr.prehensive Plan to this del =isiol-t!. THE APPARENT INT ENTION � �F BOTH STATE LAW AND TOWN LAW !S THAT OE'VELOFNENT AND APPROVALS 5E GUIDED 1'1 THE TOWN C01MrPREHEN%(5i''dE PLAN! AND 5E IN CONFORMi FY ITH THE TOWN COMPREHENSIVE ?LAN. �. Section ?<<'? -�� Suosection l l .a; of No iv York State Tovyn 1 +3'� specifier that all To',f'n land use regulations mu-3t he in accordance `P' Ith a comprehensive plan adopted by the Town. TF T F r -� 4t 1 i 1j +1.: LlLlt has b. ► he 145lr n o Ithaca adopted a -omprehensi : e plan 111 , as !let to adopt a zonir::y ordina +acs cor�s;,;ent 1^tith that plan. This is in appi3t-8it VIOlatiilrl Of S J+8 ITTA' c. Additionall, Article specifies that the Pianning Bo tcho T iru t �rla l and the Znninli - i : 'v / 1� i 1 � � and 1 U +. the � i i +1 or0003ed use is in accordance 1�t ±ne T jWA of !t� aca _om.,' lit { inanl�? ard, in making -special rasa recommendations to PBoal"d lif, Anneals must Ijotprmine fret the J Ji .11 VV� t1 t2•. 4 if 1.1. 41 1.1 1 with the cl or iprehen iye plan. ?. Town of Ithaca Umorehensive Plan. a. Spirit and 'ntetr, :!. i 1? The To % ;jn of Ithaca'_ orr.0rehensIve planning of "ort arose fr-orr, concerns about Changes in the Town js physical environment, especially perceptions re-larding development %E?ecutive Summary, p. 1 yL� 1 ,IIJ L ,J t.. ii.'an is c;- +,3 r, ?ye1' o i r,7:, > ^1ryi�i iF lrt is n 1 r. oat re. r,ter,,:-. the V+L:1n:l� el 1 or t. �. in !�1 JG Jr V Jll i;•_+� � i- ��+ !11'1 1 crs..xvn of ft=!IJtv'J s 0gsical '�� -�Y'ir i),l•ir;:Ie1it in recent ATTACHMENT -$17 ti: +� I •.:?tal f_ iJI ��..�.; ..il��fii7r i�f1iJ l;l f: face of p es, :-,uf a: l i um bean 3 mo",Pmant .c? pr ota^l and improve that I,� h,i:t, iocal lrJ.Q!!i� -•YT !'•J ii i -'r' G$r.i r!r• -ti jr�;..;� r G. �. u�� � -���1� � r•.i��l v i.n�r:•51i. iJi_• .:v:ai 4J F1i J ;r L'. 6. :1 i,:ii�•JJ•, �.�?�.,1 •.�:�, : t'.111 hG•-! �• l., ^ vi 4 ' ! i } ;!:' '+i�lJa ij 64 J ^+�r + 0 •� : ✓/: oo7r r r l,L;r? " (Italics ached. i;lntr:- ductiton; I DOES THIS PRCP,�iSAL PRiJTECT THE l{JfTUF'�`,L Ehd�f IFI,Ni"IEJT, SCEiiiC ucr�iJT' +' ANC lvEiri-I5� =H +� +JCS % ra'1LL 71 -iE PLA�yldllC YDARD FRDTEC T THE, `;;NT �JF onf , r f r �',, - T ! , i , , T>JVVirJ�rt +JPLc TU +�- �iJuCc i H�':;t ►J�vf� FI�TI�EcE'- f b. sA hat T01 Wt nspeop I e %ov ant. iii�p ► t A �. r►Y3 to the ': tom n f th•_ T `h!n !_f +1� I 1 ri+ G Z._n input lray it to +y ,1 the �e'reli ,? tit f 0, :7 re.,ei!•,fa_ Plan. `The residents survey ::sic? provided val!_labie ins ighty= andiwas an it7lpi -taut p8i -t of pre paritoil ( ?e goals and Ob }ectltr'$s.Jt I t,,� +� :' ff T i"'+ Ti"J SURVEY r ,f i r l c6 f—• s +• E L1-itN L� O11-4' i 0 THE RESIDENT •� r FOR GUIDANCE lot D�+1 TC r�i�1�EE�F� t CHOICE nr I IEIR L,WN F1.171 L' R E I 52� cf To•ri -e idents agreed cr sirangly a +ar ?ojrd '^ ith the fnllowini, statement: "l think that existing neighborhoods in the It are threatened by the rat? of r,e%,Ae development." 29% disagreed or strongly, disanreed with that statetrent. I U1 59% disanreed or stror<<,iq disanreed with the f ►illowing stat2trrei�t: The Town of Ithaca should nct adopt policies Which '0 ;o,lld res=trict furthergromth of residential, commercial industrial, institutional I and other development.."' e'rt el opment." (77 � i�gree d sir stror,gi y agreeiJ with the stitement.) I ►, ;7,17 of the respondents answered "None)) to the ifollo''�ing question: "Which +]f tl!►? fUiit�1. %ing G ;ii'mei "Cial facilities am e napdc -d in the !ieneral area where you live'?)' - I i THE i_DI`jPREHENSIVE. P'"A �J REt1E,i4dLS A PH;L'=00PH�i� THAT IS PROTECTJVE OF 1 NEIGHBORHOODS. OPENNESS, AND THE CHARACTER +Jr THE TOO,;-- l'SJ. IT I' H!GHL' SKEPTICAL OF +,F; +i%t,1TH riJR CR:ii�r�ITH S S,I <:E. IT REVEALS FESIDENT rF:EFE!= :ENCESn F• iR LITTLE +JrR 1' O ADDITI+JNAL C; M.1ERCiAL DE' °,!'ELOFi�ENT. i _z _ I t+ }'•farther ql.;; +�an:e tr!_�'(! ±l'e Ci-u prehensit'e Plan ;De! "TICS With respeist to comr;ie`, ►al de'?elopr<,ynt. 1 F , a 11 T(j� gt�al ;`3 t pr+_' "''''�e ' or a iir{i3 te i In ;i�nber o '-tfiu:l- != i;1,!?,n811j� %�+!]r' !_+�b- �r ?rrlt>;� sae and at. E.r -act tve. f�j.' T} h .that... meet preser adb'erseI'3 �� 1eLting objtecti�,,ve i • t =1 have `stalall -scale Commercial al eas . It, and anti; ipated neighbori'iood need: vyhile not urrounding n6ighborhoods." .71 The Comprehensive Plan propose` 'edljring +lZa fir? =:ent " Neighl borhood" "Community and classes of : ^r'merCial ZCnB to three- "Lake Front." "Neighborhood Comrriercial ,find be limited to those commerCial activities ser4'ing the 'c nyenience needs of the surrounding corm munity.„ IS THIS A i�1tl�H>`ORH1 ODC ORIENTED OKIPOSAL" DOES IT FULFILL ANTICIPATED NEIGHBORHOOD NEEDS WHILE NOT ADVERSELY AFFECTING 'SURROUNDING NEIGHBORHOODS? ON NNHAT BASIS WILL YOU MAKE THAT .!I !C GMI ENT? WILL THIS PROPOSAL CiONTRlBU1TE TO MAKING THIS AREA SAFE AND ATTRACT i k1E IN ACCORDANCE ';�� lTH THL OP: I1INAL PROM ACID IN ACCORDANCE WITH THE WISHES OF AREA 3E ZONED "NEIGHBORHOO'D L.O+ lMERC RESTAURANT BE i1ONSISTEi�! T WITH THAT iSE FOR THIS COl~ MERt_ IAL CENTER PRESENT RESIDENTS THAT THIS A, �� OULD' DRlSYE- THROUGH DESIGNATION? DOES THi S 8 C!ARD WISH TL.s .IE0P4RGIZE A ; IJTt RE DESIG NATION OF THIN AREA AS "NEiGHB4ORHOOD C0111MERICAL" BY APPROVING A IJSE THAT COULD 5E PRE•'UDIC IAL TO SUCH DESIGNATION^ d. Further guidance frem reigb . and r s rans port ati following !goals., obiect i o.iS_ ani the Comprehensive Plan: Traffic. or;. Tale Cornprehensik1e Plan Iists the —3 — t !�Li .r qEn Ju e thvt arpe us urac ; . a1 r� i;ut 1Onrrj g, i F- s liu -t? -2; r- t nh 'y 5hlv',S{ ?, r x!10` �0 1 1& �_i'�'_ :..i�: jt r_j:; !_.r t1^r.��11 .�I:..I.ar:J ter _o..! a_,�h� It,t.�rJt vtl�1.I 00,- t0 vnrC -+ -ira ros4,4e i rpac t ('r' + re. f'tJorGO p ip t� _�.._ , _1 _3-11:3: a .' .4 -Z ro. ! '.ih 3., v': c I�f trclV`fic I i m J througn traf1ric... j iS A L)Fr11 i'E- THROUGH .ESTAUIR NT -- WHI!.H IE 6 ?VNEiv.Of N T L'r Ti 44 ?GENERATOR, 'rvHIi H 't�O iLC 311E Lim!S�+THD ON r1+iv ► EAR 8040 THAT Lcr?Ci THROUGH' R� i TI a t:r a !� +,� +�t I ry ! a �r �r +1.; r .E'SIDEN !AL XREA•3t; {.;NCB WHICH WO11_LD r�ri?�C HEA : TRAFr IC yy `I �j r. r?- ptr�!_ r' !nTC r= ��Ti[ ?�ji=-- �'�"jC;I�T1-j�iT WITH VVI \�I_1` \•_ �� 1 17 �': i�A1 ♦D 111��L' vJ:`J1 Jv ?!`Iii t: 1 L c.1 ! I r �Ji �• 1 L THE 00"010 N COMIPREHE "11SI`V E PL N' rr 4!13-11 > 1 ,-• i. f o,1 +rl ono. NEW YORK r•T aT i a f .� r' !~ ?{^ 5:l1T �C ri T o TIJ , r3- �I 1 6 n Jr r! .r S A F �r,V i� �PE�'IF ._ H .:000 Tt� � I,E RIL:HT 3_. L�>_, !�i'ZL !�Oi1lC�ITi0fd' = "!D THEjEEn TO EIFORCC THOSE COrIC�± T IONS. P�',ST CONOIT1 10NS IMPOSED ON 1�WNER= ,�,ttlC /OP1 v- !DEVELOFERS AT F_64ST HILL °1 �+,� L HAVES N ! T BEEN ENFOi�C:Ei ti:)f; ? ? -;3 !._j ±N ir-��n '1�1i�''� !f {ti�!?+'!ir�` t:jte? T,'�'�'rll'I_a�`-`t -.rr� jr .- o 41 j�-1 ` :� 1 Q� i r: `f. o s+s4t-1_tf; ti�1, � 4C:,ndtllin =i� _ i.i�il�li,t.� tlhat "the a {iti{ r14.$ #� L. board arla I 1a: {} 1 y� n r+ 1 a /! . ,z ! 1 r 33 - 1 t +' 1 t i s -+ �+ r 3 y� 3-' _• ti ri .� + Oi tr 'lai? the auth itt� ,13 �!r pecisem } :,ch i pasonabl- 4+ {dlt, +�,t-J and 1 N_-1 iL 11,iJ are dire!_tly related to and incidiantal to a _!ropr_•sed site plan. Upon its' approval of said sit? plan, arh„ such conditions f'oust be met in connection with the iss!..ance of permits n{a applicat,le enforcement agents or officers of the town." i IN ? A' RCH 1 971 . ASI r, COIF 0 i ?Ofd OF THEE .SITE PLI A � A Pt�.0 AL., t I E ►E`, {cLOPE -R w4iS ASKED T 0 PLANT 425 EVERGREENS, EACH A NI "dl;t'1i_M 0 100 D rTrT T i Z• r. ( , 1 Tt iT1, .P•. f•. r ,i i , I•y I•n.1 p.. . Tr 11T ( i �t 1 1 f 5 1 y' ! 1 ! �' 1 1{ THE I NOT, t!5/ � AS 10 Ft� t , ALL ALU?11i� as H IT P3-1�1.� , HE = l i(,L' fPNLLb ,, ?1 L. } rlRfl l,i F 1�! n !� -1 T+ THl JL I ON AP ARc-N I L11 ,. I ! S REP"N1N6 . R0M . HP R!Ot -,E?. S CO t •� IT ,1l IRAQ r Y E', ?ER ENFORCED. C.H►t4aGE`.a IN THE P.F K i hJ6 L01 T Ti1tT WOO OLD i,{ i�+''r E iI`g1PRFj'%E THE AEST HETICS AND SAHT''r' OF PEDESTRIANS AND MOTORI. T'- a. f tj ;'tit rOO a Piarlittriy —4 — A t i 11 r!,j 1 1 1i : rnaki,nl; recoinimendi Appeals, the Plarins )bons to nin Board Ir V the To,,',,n shall date U`Pftl �,I;rli!!g Cirdiilan::? 'SeCtlOn f�"1, +, li"! 31oar +� to tt'ip. 7oninto Board i), rmine that; 1. Thera is ,3 need for the ;�r,pclsFd ua it tree proposed loratior.. %. The existing and probable future character of the neighborhood in wYr ich tt "��? Lis': is to he located `,'fill not be adversely affected. J. I ! ea proposed change or use ios in accordance with a comprehensive plan or de�:el�Jprrent ot the Town. 1 Deed, err• in acco +fiance '�,Gti:.,: i }'� �.ei:,_;or ti ; ?. } ill =ud;AZsi,on �i r, tti- fi:;e 'r- TI�;w:1 1c1 Planning -� :�3t�� shall determine that: Th k8Q tln � fa +y'{ rora 1 I Ile 1IrU Ui, •3a1 VI. •+, rr:L7 ` 1 in harmony with the Iieneral purooc (b)... the proposed use. ..wi (t) The general effect of the whole., including ... traffic load Capon health, saf a_tg and general welfare a. NEED. s and general we] fai-e of the comrn,.init,, this trdinan:e' hall be promoted or .. . 11 f ill l a neighborhood or community need. proposed use upon the -Community as a 1,.11:._ ,_ ;._ not d t ..,.. , _ the oul.ft c straets...��J etr1 melItal .fir the the cornmiinityl. What has the T own Planning Board done to determine need in the proposed location's' Ho'w ' has the Planning Board dit i 9rentiated between need for a drive-through as opposed to need '1 o a :on-drive-t hrul;gll estabuishment? Has the Planning Boar, determined that there is a need for a 1� i 71i '� ❑l ! B 'i ter i t Aa 1c a Jrive- throu��I 1 f so, ha the : , c lr , ng �oarlJ de'.•. / nl t ned ,h� •. ere' I •_ need in this location? -.n n st: n it6� n f ilf h Zo ilr to I,IJIIoi._ -.�;It w; �.II a;ll_lcipated changes ;;c ;I;>= �Un�i'ii; ICI dinanl�e {,IJ W comply with the Town Cotilprehensi;a'e Plan, has the P ianninq ward established that there is a ;feed for a dri e- thMugh .J re'staurant's' b. Tr :3ftic loads and public safetu. What has the Planning Board done to detai r off-peak ?ft eak irnpacts of traffic. on the neighborhood of sorest Home? Ho%,,Gt ='elan!, students ww'1?>> li4'e lrl the efp=3nded err. j�alilLlis i :r in I- laSbr�� +ack: 4,14P Q f WIG 8nd ncw'f i7llar y st -ud tints '•rit ►lo ii'ae the irnPro,1?d Nr?rth fsartp!.ic Y1; :%t inn, Iie li^ tyill decide diuriq I i,i-(j111ak h urs that I(;Pij 'Nfi�Ylt i� i�i�rii[ti�i!� r H[i;iY m,3ny ii ai �Y [ti. '.5ri1i } iter: is lii itii [ il,. �I i {]tI}1 all ar( . t �] 13z�d; lion i},•} ri j' 1 tti>3i e be all,: vg '�ui�L 1 I 11; IS Road I11J1. VI It th GIGGING, S � I irnplications for public heal"` 3n,d safat y wvyhen prmsently ?5.laf the ISO :icles on this road exceed th e,% ljo ing _pead lirmi and sere , is e or no p fnr��err °ri4'! ��G f I' I:�TEt�T '�ti T �� THE TOE. ifs! Ca?i FREHEf'dG i'r'E I PLAN, HA S THE PLANN I NG r � �: �r:M, Bu"A I'm) DET EIRMIP�ED ,r�^ THAT THAT THIS T r+i ar-r T . a F!�. r iLL NO r�r;�.c ADDI: IGP -JH� T, , GLFGENG ON NEiGH80RHGGDS`•' HE:�,�r' H�;G IT 1MADE THAT DE ?ERijHNAT!i:,i+i. rte. r` tF,�ERE �T.JDIt� OF OFF-PEAK T?Ar, IG I_'JAD� T c" ^ADE rGR. HE FGA: �T HGf^E NEIGHBORH00D°' %,iHv, OR �'r 14 ;SGT? c. Air qualit!u, and the enwir onment. What has the Planning Board done to assess air QUalit14 'Impacts related specifically to additional vehicular traffic generated by this prc e .t'~ "ghat are the air quality impa�_:ts .af adr'itit�nal gasollline angine emissions due t�� additional trips'~ What are the air quality impacts at East Hill Playa that ;Mould result frnm standing and idling at an addjltional drive through TacilitV'z I I As a reasident of the T13%,syn of ! haca, I would lika you to rr_ i.e me and Ofther Torn residents the ianswers to these questions and 4he a'ils for your ans%yars. I I — to- Anne Kendall, PhD, RD, CDN 3 Woodland Rd. Ithaca, NY 14850 Town of Ithaca Planning Board 126 E. Seneca St. Ithaca, NY 14850 To Whom It May Concern: I write regarding the proposal by Burger King to open a drive - through restaurant at East Hill Plaza and wish to have my comments entered into the written irecord. I understand that part of the review process includes an assessment of the contribution of the proposed business to the health of the community. As a nutritionist and a Registered Dietitian, I would like to bring to your attention information about the nutritional value of meals available at Burger King. The majority of the most popular foods served by Burger King are high in fat, saturated fat and sodium. High intakes of these nutrients are strongly associated with the development of obesity, diabetes, hypertension, cardiovascular disease and certain cancers. These diseases are the primary causes of morbidity and mortality in the United States. Approximately 50% of U.S. adults, ; are currently overweight and the prevalence of overweight and obesity among children is increasing at an alarming rate. It is unlikely that the presence of Burger King on East Hill will contribute to the health of our community. Recommended Daily Amounts: 67 g fat, 22 g saturated fat, 2400 mg sodium Nutrient Values of Common Burger Kins Items* Food Calorie Fat (g) % Fat Sat. Fat Sodium m Bacon Cheeseburger 609 39 58% 16 804 Medium French Fries 341 20 53% 10 241 Chicken Tenders 236 13 .50% 3 541 Croissandwich 361 24 60% 8 719 Fish Tenders 267 16 54% 3 870 Apple Pie 311 14 41% 4 412 Whopper 614 36 53% 12 865 *Source: Pennington JAT. Bowes and Church's Food Values of Portions Commonly Used, 16'' Ed. Philadelphia: JB Lippincott. 1994. Thank you for you consideration. Sincerely, \�� ��� W `-�. <� •'� , ✓ 1. Annie Kendall, PhD, RD, CDN ATTACHMENT #18 Our objection is not to Burger King per se, but to a drive through Burger King in this neighborhood and most especially in that location. I will address these objections in reverse order: • The location, adjacent to Ellis Hollow Road but with no direct 'access to or from the road will cause confusion to those not familiar with the area and the expectation is that 55% of the customers will be from out of the area and will cause safety problems for the traffic on Ellis Hollow Road. • Access through the shopping center parking lot was addressed in my previously presented statement. Safety concerns and t e convenience of the users of the shopping center were paramount. 4 /tzZi� • There seems to be confusion among the planning staff and developer about which is the front and which is the back of the proposed facility. The logo sign seems to have ended up facing the parking lot, even though this has been called the back of the facility by the planner. If there is this confusion among the people who have all of the information, what chance does an unfamiliar customer have? ' • The proposed facility is out of character with the neighborhood and even with the Town of Ithaca. The ways in which this proposed facility deviates from the provisions of the Town of Ithaca zoning ordinance are spelled out in the planning department memorandum dated April 28, 1999. The entire concept of the! �building with the red trim, which the applicant states is part of the overall identity of Burger King, the number and size of signs, the fact that there is not even a provision in the ordinance for a menu sign for a drive- through restaurant, the visual impact of the excessive lighting are all out of character for the Town of Ithaca, and would forever change the character of the Town if permitted. Dissected out, for variance, makes them seem individually less onerous, but they must be considered in their totality. • There is no need in that location for the proposed facility. • How has the planning staff determined that there is a need for such a facility in this location? What polls have they taken? What research have they done? ATTACHMENT #19 *7 ZL I TO THE PLANNING BOARD OF THE TOWN OF ITHACA: From Martha Robertson, 1655 Ellis Hollow Rd. May 4, 1999 I heard Supervisor Cathy Valentino on WHCU this morning, and I'd like to take this opportunity to respond to several things she said. 1st - We in the audience emphatically DO appreciate the vast amount of work that town boards and officials do between these public meetings. In fact, I believe that's why more of us don't volunteer to sit on these boards! We sincerely thank you for taking on these responsibilities. 2nd - For us the issue is NOT Burger King per se. There are two main problems with this application: the drive- through, and the destruction of the open green space at this intersection. Any other drive- through business on this site would be just as problematic. In fact, months ago we urged Burger King to locate within the existing store -line. Our opposition would all but disappear if BK agreed to do that. But the developer has said his business would not survive without the drive- through, so that compromise was refused. Which brings me to something else Ms. Valentino said this morning. She cited statistics, which she said the BK developer had given her, showing that the traffic generated by a drive- through is actually less than that generated by a sit -down restaurant. I am very confused by this, and I hope the Planning Board will examine the issue closely, because it goes to the heart of Mr. Rowe's application. • If the drive- through generates less traffic, why is the applicant insisting on a drive- through? His earlier statements, namely that he needs the traffic of a drive- through to survive, contradict this latest assertion. Which is true? • The applicant's traffic studies downplay the numbers of additional cars that will beµ: brought there by the drive, If the additional traffic is really so insignificant, ATTACHMENT 1120 N then why has he been saying that that traffic is the margin between a business success and a failure? If the added draw of a drive- through really is insignificant, then it shouldn't be any compromise for the applicant to put the restaurant in the existing store -line. Personally, I believe that the new traffic will be significant, and it will be noticeable by all of us in the surrounding neighborhoods. I don't know if it actually represents the profit margin Mr. Rowe needs to make this a go, and it's not clear to me that Mr. Rowe knows either. But personally, I worry whenever someone seems to tailor their information to whatever fits their purposes. 3rd - Ms. Valentino also expressed this morning her concern about the economic viability of the existing stores in the Plaza. I agree heartily with this concern, and believe that the best thing for that Plaza would be a sit -down BK in the currently vacant space. A drive - through BK will keep people driving by East Hill Plaza, and will inevitably hurt the stores we have now. 4th - On the radio, Cathy Valentino said that the Town should be "fair" to the applicant; he has followed all the rules. It is commendable that Mr. Rowe has done so, but does that mean the Town must approve his application? Whether or not the Town actually passes a moratorium on other drive- throughs, this application is not in the best interests of the Town. Following the rules should be necessary, but should certainly not be sufficient. In fact, to be "fair," the interests of the many should be weighed more heavily by this body than the interests of the few. To that end, the Town Zoning Ordinance lists criteria by which the Planning Board is supposed to evaluate proposed projects. Those criteria are: proposed _ _ , ? es it fit a Do 1 Is there a need for the use_in the proposed locaion t _ neighborhood need? If there is a need, it can certainly be met as well, or better, with a Burger King in the- existing-store line: . - , 1 r 0 3 2) Will the existing and probable future character of the neighborhood in which the use is to be located be adversely affected? The prospect of an Elmira Road, at East Hill, is easy to see and not far in the future, if this is built as proposed. 3) Does this project promote the health, morals and general welfare of the community, or (at least) is it not detrimental to the same? Clearly, the health and safety of the community are not promoted by this project and in fact are degraded by it, especially if it is a drive- through. By these criteria, I urge the Planning Board to consider their role; as guardians of the community's interests, and to see the community's interests as the more compelling case. Finally, the Supervisor said this morning that she was most concerned with the longer term, and hoped that we could all look ahead 15 years from now: I applaud this point of view; I believe it supports our opposition to this drive- through application. With the horse farm, and the trees and the lawn, we have a unique intersection at East Hill. Do we want it to look like Elmira Road in 15 years? I don't. The open space at that intersection is precious to us right now; won't it be even more precious in 15 years? I think so. Johanna L. Gettinger 111 Joanne Drive Ithaca, NY 14850 Town of Ithaca Planning Board 126 East Seneca Street Ithaca, NY 14850 May 4, 1999 Gentleman/Ladies: I am writing both as an East Hill resident and in my capacity as a Licensed Real Estate Broker in Ithaca for nineteen years. As an Eastern Heights resident I know that the people living in the neighborhoods surrounding East Hill Plaza enjoy living in an area rich in its natural surroundings and pastoral qualities. Each day whether commuting to and from work, or going about day to day business, there are fabulous views to be enjoyed to the entire south west, incredible sunsets, and the sense of green surroundings. Many of us would not be living here were it not for the surrounding views of hills, farms, ponds, streams, woods, trails, and the pastoral quality of the Equestrian Farm with horses grazing in the fields, greeting us as we come `home' each day. The nature of `home' to most East Hill / Ellis Hollow residents is. that of a suburban/rural community affording space, privacy, andldignified quiet, relaxed lifestyle away from the `neon' associated with `city' living. G Were Burger King to bring a fast food `drive -in' to this area, especially with this setting a `precedent' for future commercial drive-in type businesses forming a `fast food strip mall' type area, it is my opinion the area would not be the same in character. With such a change in the character and nature of the EastHill area, this would be a `less desirable' and `less attractive' area for people to move to. It would therefore lower property values against the will of the people who live here. If Burger King wants to be here for those who prefer Burgers, there are appropriate sites such as `What's Yor Beef type space. As a Realtor, I don't know of anyone in my nineteen years who has `desired' or requested to live in an area close to a `.fast food strip'. Once Burger King comes in here, there will be other drive - thru's to follow (potentially a total of seven available sites as I am told). These will not `enhance' the quality of life on East Hill that brings people in this direction. ATTACHMENT 421 _ You don't hear of many people requesting to `live on Elmira Road'. It is plainly not a residential area. Please do not lower our `property values' and quality of life, by turning our Ellis Hollow/East Hill neighborhood into a `fast food strip'. Yours truly, X a 7ohanna L. Gettinger Licensed Real Estate Broker Broker Associate /Audrey Edelman and Associates Real Estate PS: The views expressed above are my own and do not in any way, 'express the views of Audrey Edelman Real Estate. ATTACHMENT #2; Ithaca Planning Board Re: Burger King Site Plan Review -- East Hill Plaza 4 May 1999 Dear Board Members, As both long -time and less long -time members of the East Hill Community, we wish to register our voices against the proposed Burger King at East Hill Plaza, and encourage Board members to .dy approval for this project. We are concerned primarily with the impact on traffic, which is already a recognized problem on the Pine Tree -Judd Falls Roads corridor from Route 79 through Cornell and Forest Home. Burger King would encourage non -local traffic, and be more of a burden on our community than a benefit. We do not, however, consider ourselves anti - development. On the, contrary, our concern is about the nature of development. Fast -food establishments breed more of the same, and the Judd- Falls/Ellis Hollow/Pine Tree Roads junction could not and should not support such. Those who live near it should be spared the negative impact on traffic and the assault on the semi -rural aesthetic that currently helps improve our quality of life (We are also not unconcerned about the potential negative effect on our property values.) While we have supported proposals to mitigate the bad effects of a drive-through 'eatery, we have been disappointed that Burger King has rejected them. We urge the Town Board now to acknowledge community use and impact as more important than the needs and desires of outside investors. We would in fact welcome another food provider at East Hill, but; ideally a local business, and NOT a drive - through. At the very least, any approval for Burger King should be contingent on their agreeing to, and investine in, community proposals to mitigate the negative effects of their presence. Maryanne Newton Nicholas Nicastro 378 Snyder Hill Road I I, G VV .:, LV'4��' Dan and Bronwyn Jenkyns 377 Snyder Aill Road Do� W��� 3 11 6� �7 ATTACHMENT #23 Yours sincerely, Helen awi Nivison 376 Snyder Hill Road Bob and Betty Becker 4 May 1999 Town of Ithaca Planning Board 126 E. Seneca St. Ithaca, NY 14850 Dear members of the Ithaca Planning Board, When you make your decision whether or not to recommend the proposed Burger King restaurant for a Special Approval, you will be making a decision on several issues. 1. Is there a need for the proposed use in the proposed location? at} (see re+;t'h�!) I would say' no ", and A citizens also have said it With take -out food available in the East Hill Plaza at Collegetown Bagels, Ling -Ling Garden, and at the deli across, the street, there are places to get take -out food. There is a fast -food restaurant one mile away ( Wendy's). There is no need for Burger King in the proposed location. 2. Will the existing and probably future character of the neighborhood in which the use is to be located be adversely affected? Yes. Please see the enclosed materials that I Review (Aug 1998) ;article enclosed from staff noted on the SEQR part II form that coi (approval of Burger King). It will change in restaurant is located here, others will come. King restaurants - but only one stood alone. near them. submit with this letter: NY State Development Plan the Detroit News. Also, the Town of Ithaca Planning nmunity character will be affected by this action part because of secondary effects: once one fast -food In a trip to Maine last weekend, I saw about 10 Burger The others had Wendy's, McDonald's, or Taco Bell 3. Is the proposed change or use is in accordance with a comprehensive plan of development of the Town? NO. I have written two pages on this; see enclosed. You will also be asking (sect 77 (7) of Zoning Ordinance) (a) Does this project promote the health, safety, and general welfare of the community? Health: Not promoted. Fast food encourages obesity and the food served is high -fat. See enclosed, also letter submitted by Anne Kendall, nutritionist at Cornell University.;, Safety: Not promoted. The East Hill plaza is dangerous in its internal circulation.( see enclosed data on how much traffic goes through the Citgo unregulated or undirected). Narrowing the opening to the Citgo by 30 feet will make this opening more dangerous!; not less. And there is no assurance that the internal parking lot improvements will be made. Pedestrian safatywill be �;r �ea� compromised by walkways that do not connect. Cars waiting for the Drive-thrufwill end up on the East Hill Plaza service lane unless they can get through the drive -thru in 60 seconds or less (see enclosed analysis). (b) Does such use fill a neighborhood or community need? NO. see above, #1. There is no need, and residents have signed a statement that there is no need, given the other restaurants available in this commercial area. (d) Is the proposed use detrimental to the ...neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants? YES. A local realtor has submitted a letter to you stating that, based on her 19 years in the real estate business in Ithaca, nearby residential properties will be devalued. ATTACHMENT X624 UW YES. Pine Tree Rd, residents will be more inconvenienced than they ace already - having difficulty moving on their own street, or getting out of their driveways in the morning. (f) Is the general effect upon the community as a whole, including... traffic load upon public streets ... not detrimental to the health, safety and general welfare of the, community ? NO. The general effect is detrimental. See enclosed about traffic safety. See enclosed articles about health effects of fast -food. Thank you for considering my comments. Robin H. Seeley A a" 332 Hurd Rd. Ithaca, NY 14850 (Town of Dryden) I Questions on the traffic study 1.Site development methodology a) Estimation of site generated traffic - where did the numbers for generated trip ends come from? Was the data from Land Use 834 (Fast food restaurant with drive- through window) used? Which trip generation rates and equations were used? Was the number of trip ends determined using the average trip rate for peak hour of the adjacent street traffic, or using the average trip rate for peak hour of the generator? Did the consultant use data from restaurants with one drive- through window or two drive- through windows (such as the proposed BK)? It seems to me that a restaurant with two drive- through windows will process cars more efficiently and thus will generate more trip ends than a restaurant with one drive- through window. I assume that that is why the restaurant is designed with two drive- through windows (to process cars more efficiently and thus get them though faster = more cars per hour). - distinguish between site - generated trips, diverted link trips and pass -by trips. The ITE Trip Generation Manual says `Impacts at entrances and exits to the proposed sites should be based on trip generation rates or equations; impacts on„ adjacent streets can be based on a reduced forecast to account for pass -by trips ". - the EAF form mentioned that the maximum traffic impact would be 103 trips per hour. Based on my reading of the ITE Trip Generation Manual, the actual! , maximum impact would be the trip ends generated at the entrance or exit to the site, which would be about twice the number cited by the traffic consultant, or about 206 trips per hour - quantifying the number of pass -by and diverted link trips* The Institute of Traffic Engineers recommends that the procedures in its 1998 Trip Generation Handbook be used. The methodology for estimating pass -by and diverted link trips was chan ged and updated in the 1998 Handbook, and now the 1997 methodology in the Trip Generation Manual has been superceded by this 1998 book (see fax from Lisa Fontana, ITE). The BK traffic study mentions only pass -by and new site generated trips, but does not mention divertedu'link trips. The percentages mentioned in the BK traffic study (55% new trips, 45% pass -by trips) seem to be derived from the ITE Trip Generation Manual Table, which cites data from two Burger King studies of pass -by, diverted link, and primary (site - generated) trips. One„ Burger King from the Chicago suburbs (< 5,000 sq. ft.) was surveyed in 1987 and found to have 56% non - pass -by trips and 44% pass -by trips. I assume that this is the data that forms the basis lIi of the EHP BK traffic consultant's assumption (p. 10) that the proposed East Hill Plaza BK would have 56% non -pass- by trips and 44% pass -by trips (p. 10 of the EHP BK traffic study). However, that same table in the ITE manual shows data from a different Burger King restaurant that closely matches the EHP BK (2,600 sq. ft, 1987, Minneapolis -St. Paul W; these data show that primary trips to Burger King were 27% of the total, diverted link trips were 48 %, but pass -by traffic was only 25 %. My opinion is that the discrepancy in the percentage of pass -by trips for the Chicago and Minneapolis Burger King restaurants, which was not made clear in the EHP BK traffic study, should be reconciled by asking the traffic consultant to use the currently recommended (by ITE, communication with Lisa Fontana at ITE) practice for estimating pass -by, diverted link, and new trips to BK contained in the more recent 1998 Trip Generation Handbook. This may seem like a fine point, but here is why it is not. The rest of the BK traffic study conclusions are based on the estimate of how many new trips will be added to the roads. If the amount of pass -by traffic was over - estimated, as I believe it was (see above), in the BK traffic study, then the impacts on local roads from BK will be underestimated, 2. Trip assignment and distribution - . "The distribution of traffic on the existing area road systems was based on the procedures shown in the Trip Generation Manual. " This statement contains insufficient information to evaluate exactly how the distribution was done. What about diverted link, pass - Burger King? How were these calculations done? As stated above, the distribution of traffic which has diverted link, pass - new trip) components is a complicated business, and according the ITE Transporation Planning) should be done using the currently recommend( methodology of ITE, which is described in the 1998 Trip Generation Met and primary trips to , and primary trip (or .sa Fontana, and revised n 0. 2 3. Congestion at the Ellis Hollow Road entrance. According to my calculations on the Ellis Hollow Road entrance to the EHP (using the BK traffic study numbers on the figures), at the peak, on Saturday, a car must enter or exit Ellis Hollow Road every 5 seconds if cars are not to form a line. AM 159 - - - 277 448 mid -day 206 383 578 PM 261 437 630 Saturday 206 346 586 (numbers are vehicles per hour exiting or entering) 4. Issue of cars cutting through At the Planning Board meeting of Dec. 1, 1998, concerns were rt Planning Board member about the problem of traffic to and from Burger Citgo gas station entrance as a means to get to the EHP Burger King. Th states "The issue of proposed Burger King Restaurant traffic adding to tl should not occur. I cannot envision a motorist whose trip end is the recta part of their trip. From all directions, motorists whose trip end is the Bur far more convenient means of access than utilizing the service station." I disagree. I collected data on the number of cars using the Citgo station as the EHP parking lot at two times in April: from 7 to 10 am (morning peak), Saturdays from 12:30 to 1:30 pm (Saturday peak). In the morning an aver hour cut through the Citgo station, including busses from TCAT routes 5, Saturdays 102 vehicles per hour and 106 vehicles per hour used the Citgo entrancelexit, without stopping for gas. Often these vehicles were travellin conflicting directions. There are no stop signs at the intersection of the gas lot, and no lane guides. There is one speed bump, but that apparently doe: significantly reduce the speed of the faster cars. The EHP BK traffic study states that the intersection between Citgo and d be made narrower, but this will not solve the problem, in my view. If the will make the situation all the more dangerous, because then there will be and cars will try to get to the opening "before the other guy ". I disagree that traffic headed to BK will not use the Citgo as an entrance /e traffic now uses this entrance at a rate of about 100 cars/hour on Saturday congestion at the Ellis Hollow Road entrance to the EH Plaza, it seems vei avoid this intersection and "cheat" by cutting through the Citgo station to t the EHP BK drive - through. Also, cars leaving the BK and entering the El strongly tempted to cut through the Citgo station to get to Pine Tree Road intersection. m�d by citizens and by. ing possibly using the 4,1 P BK traffic study traffic component urt making this routing r King restaurant have a means to enter or exit and on two different .ge of 52 vehicles per 50, and 81. On the two > tation as an at high speed and in station and the parking not deter cars, nor EHP parking lot will >ening is narrower, it ss room to get through, 1. As stated above, iid -day. Given the likely that cars will e an alternative route to ' parking lot will be �d to the Route 366 In my opinion, unless the intersection between the Citgo station and the parking lot is completely blocked off, the increased traffic due to EHP BK (and CFCU) will continue to cut through here and will make this unofficial intersection more dangerous. 3 5. Drive - through stacking analysis The EHP BK drive - through has only enough room for 6 cars, according to the traffic study. For comparison, the BK on Elmira Road has room for 15 cars. The EHP BK traffic study used data from the Dryden BK to analyze the proposed EHP BK drive - through. First, it seems to me to be inaccurate to use a one - window drive- through BK to estimate how a two- window BK at East Hill Plaza will work. Second, if filling an order in the drive- through takes an average of 3.5 minutes in at the Dryden BK, then serving the 57 cars an hour that would go through the EHP BK at the peak times would take about 3.3 hours (EHP BK traffic study). The EHP BK traffic study concludes that serving 57 cars an hour will not actually take 3.3 hours because the orders at Dryden BK are processed "as a group ". But no information is provided on the amount of time saved by doing it this way. Additionally, if the orders were processed more speedily as a group, why did it take 3. 5 minutes to process each order? If 57 cars per hour were going through the EHP BK drive- through, orders would have to be filled at a rate of 60 seconds per order, a rate which seems truly unobtainable for the entire peak time, every peak time. If filling an order took longer than 60 seconds, then cars would start to stack up in the drive- through lane and out into the EHPlaza service road, which would truly be a safety hazard. Cars could not stack in the parking lot, because then the exittentrance into the Plaza would be blocked. The traffic study says "I cannot foresee any spillback problems from this operation." I disagree. I see major spillback problems from this BK, especially at peak times. 6. No current plan: NYS Dept of Transportation plan at Pine Tree/Rt. 366 /Judd Falls Rd. I received a fax from R. Tennant, NYS DOT Traffic and Safety, stating that DOT has no current plans to change anything at this intersection. He suggested that I call someone else in DOT to get details, which I did. This is what the DOT planner (Mary-Jane Meier) told me (May 3, 1999) : The project involving Rt. 3661Pine Tree Rd. intersection is a project to replace the bridge over Cascadilla Creek This potential project is in the "earliest stages of discussion There are no concrete plans, and no contracts. Several alternatives are being considered, including leaving the bridge and the intersection and the signalization as it is now (May 1999). IF DOT decides to go ahead with this bridge project, they may or may not change the signal at the intersection, and even if they did, construction would begin in 2002 AT THE EARLIEST. This intersection is described as "failing" in the BK traffic report, meaning that (I believe) LOS for this intersection is at E. The added traffic will apparently cause a bad situation to get much worse, for even though the traffic consultant has modeled in a different type of traffic signal at this intersection, there is no information on why this was done. Is Burger King going to pay for changes at this intersection? Without some changes here, traffic congestion at this bad intersection becomes much worse. The safety of the intersection declines. 04/16/99 10:25 %T202 863 5486 INST TRAINSP ENGS Institute of Trans ortation Engineers 525 School Street, SST, Suite 410 Washington, DC 20024 -2729 US-j FAX Transmittal Date. To. From: RE: Robin- Aoril 16,1999 Robin S Lisa M. Fontana Ph. 607539 -7897 Tecbzucal Generation Handbook Fax: 607 Attached is the Table of Contents and Introduction for an ITE Proposed R� entitled the Trip Generation Handbook, published in October 1998. At this t Handbook is the most recent ITE publication regarding pass -by trip genera pass -by information contained in this publication supercedes information editions of ITE's Trip Generation Informational Reports. For your information, the comment period on this publication has been e in order to increase the amount of feedback that we have received on the Phone (202) 554-8050 (11 FAX (202) 863-5486 Email: Lfontana©vax.ite. Z001/007 Ixy Practice the Trip Generation characteristics. The was published in prior to September If 1999 04/16/99 10:25 $202 863 5486 . b 4D n a, 0 m- 1t�N�a n m a�0 ,.EUa C y to 7zta CD NOS o CO CL 3 0 °_� coN m ff ,g CA I 0 o cn � l mQnai o�S Ca CL fAaCMD m C uL P i3 -* co "m 0 a a QCn cz, Izi _ 07m, F -+mr -ir m �.y mm3' o cZ e co a � �''� -'m oCD aX m o �is3° —' .°: *01) ch H•� Q'�a 51 5 ID -. �., • a CL cr f' @ C m ac.���4 g ca 4 Owl cr y�Q CL M 1 a� 0 ~ QL a Crj o A) Q �Cq X v CL T AI -► co al 45 5 11 `���� m�r u �.cao aK AQ v do to car m o �a rn30� �r'n tm `� $ O C4 n CIA c9 Q`C (D to a Ion �. ow Q o LOS c _ m d 9 A INST TRANSP ENGS M w a m T { to w -4 m �, S N O o to m C o CD US a p m FL -1 s n > g In d � m Mmi c3o m m � m m > 3 T. us C 7� 7 m 9 d H 7 G. c ?� l �u v m 0 rd G Q002/007 0 1 a� 0 9 Co is Gi. CD O o� N O zi to LK C cn CL 3 o `� N I c rn y J � � �u v m 0 rd G Q002/007 0 1 a� 0 9 Co is Gi. CD O o� N O zi to LK C cn CL o `� 1 z � O > _ v 1 04/16/99 10:26 I $202 863 3486 nip INST TRANSP ENDS °I An - iTE Proposed Recommended Practice w � October 1998 Institute of Transportation Engineers Q003/007 s� 04/16/99 10:26 $202 863 5486 Table of Contents ... ............................... ........................... ....• -••• ....evil INST TRANSP ENDS ....v ACI=vAedgments ......... 110001011011. • • . - Chapter x fn Zip c� DO" ........... ..................... ::: : : 1.2 Purpose of the Trip Generradon Ha rdbaok ............. . . . . .1 111:::::::::::::::: 2 1.3 Contents of the Trip Gmmtiott Handbook . ........... . Chapter 2 Selection of Independent Variable and Time Period for Analysis .............................3 2.1 Definitions of Independent Variables ...................... ..... _ _ _ .. 3 2.2 Selection of Independent Variable, If a Choice is Available .. - - .. - • 11 11.. • .....1... 6.0 9 .. 4 2.3 Selection of Independent Variabl, If the Measure Must Be Derived 9 0 0 9 ........1111 • 2.4 Tlme Period for Analysis ...................... ............................... 1111... :. : : :..................4 2.5 Time of Day. Day of Week. and Seasonal `niations .............. 0 ..................... ... Chapter 3. Guidelines for gstimating Trip Gerwrat9on . ..............................7 3.l Barkground ...................... 1111........---- ............... ........7 3.2 Available Information on 1 i•ip Generation 11 1 1... 4 111.. . • .9 3.3 Guiding Principles ................................................... ............................... ...9 3.4 Recommended Pmeedure for Estimating "Trip Generadon .......1111 0 6 4.6.091.1 .. ...12 3.5 Sample Problems ........................................:• .........1..................... Chapter 4. Conducting a Tip Generation Study .......... .... _ _ ....1 s 481 BadcgroundI ........................................ ......1 S 4.2 Rnsons to Conduct a'iiip Genemrion Study 1 6 1 1 9 0 1 1 ... .......... • .. 1 l7 4.3 Trip Generation Study Design ............. ........ 0 .. I .........:............... .1111... _ ...............19 4.4 Conducting the Study ............ .............................. 4.5 Establishment of a Loral Trip Generation Ratc nr Equation 2Q 3.6 % idation of vrni Gerteratimr Ra"Equations fur Lace,] Use ............ ... • • • • • • 0 ....... ......... �. 4.7 Combining Trip Grecrwrm and Lo"I 02rn • • Chapter 5. Passoo ft Primary, and Diverted Linked Trips ......... a 4 6 0 4 . , . 010.0 1111.........27 5.1 Backgrom+ d ..................... ............................... ...----- .........., sees .....2J 51 Sample Application of Pass-By Trip Assigtunent Procew .......... . . . . ............... . .31 s.3 cautions ................. ............................... ..............32 5.4 Dam Base on PaSS -By Primary. and Diverted Linked Trite ............. .......... 72 E sar ......... S.S A Guide for Bs�blishing Pa-By Tri(rMaldng a . .............72 ........... 5.6 Rcwtnm=ded Data Collecnvn Procedures ............... ... • • • • . • • • • • ' Chapter B. Estimating Trip Generation for Generalized Land Uses .............77 6.1 Background .............................. ............... ..... .... 77 61 Overview of Recommended procedure ...... • • ..... I ....... a • • • • • • • • • • . • • . • 77 6.3 Determination of Potential Land Use Mix 1 0. 1 1 1101 • ..... • .. • • - • • • • ... 9 77 6.4 Ed t m cion ccDerelopment Quanriry ............................... . • - - - - ...........1111. :.................78 6.5 F.sdmadon of Trip Generation . ............................... . ....... . Chapter 7. Multi-Use Development .............79 7.1 Background ................ .......................... .. ............................... .......79 Wh 7.2 at v a Multi•Use Development' - .......... .1 . 11 1 so 73 What Is Nat a Multi -Use Development? .. ............................... ............... 80 7.4 Methodology for Estimating Trip Ceenerarion at Multi -Use Sites ........... .. ' .. • .... . 83 73 Procedure for Estimating Muld•Use Trip Gancrauan ..........92 7.6 Cautions Regarding Recommended Procedure ........................ ..........1111.: .0101. , , , 95 itm 7.7 Data CoUc at Multi -Use Developments .......... . Appendix A. Tuck Tip Generation ....... ............................... ............................105 .............. Appendix B. Effect$ of T ortabon Demand Management (TD?A and .. , , . , , Transit. Ti I'p Generation ........ I .. 1 5 Appendix C. Summary of Literature on Multi -Use Developments.. ........................... .1611.123 AppendixD. Glossary ............ ....................................... ............................... . ............139 Index ..................... ...................... ......,...........,....... ........................,,...,. Comments Form ............................... 1111... 1111. ............................149 Trip Generation Handbook N ITE iii 04/16/99 10:27 $`202 869 5486 INST TRANSP ENGS The itudtute of T wportation Engineers (IsM published the Socrh Edition of Trip G in 1997. 176c first two vohun� the first land tttro ohun�pwell the datappl is 'Me d their describes the data base used to Generation is an YID jn{ormadottal Report. During the development of Trip Gemmnion, = decided informational trip generation data from fie development Tshis separate document, the 7jjp Generation Handbook, is The Trip Generation Ha .%Wk has tyro Primary purposes: data Pr=ented in Trip a nffazJd11, and to provide informs trip generation for development sites9 to separate the proccssing an of recatnmcndations on how a Proposed Rerotnmended F to provide instruction and gt ,tion on supplemental issues c Because the instruction and guidance in the main body of this handbook represents a practice for estimating trip generation, its function is distinct from that of 73 rp Gener 1 appendices of this handbook are for informational putposcs onlyo 1 'fie =alysis methods presented in the handbook have been develnped to be simple t novice transportadon planner /cng ter, yet ciendy accurate for the experienced This handbook h2s been published aS a Proposed Recommended Practice of the Ins meats. Please provide feedback on the user comment form at the end of this publica 0 a F, G! ••i @1005/007 in three volumes the Usa'r Guide, statistics. 7itip men,;, acing of the 5 use and apply the data* ictice of the Institute. lance in the proper use of importance in estimating Me 0 undersmndabie to the professionalw in order to solicit can'- rip G generation Handbook ■ ME v L. - -- • 3 j 04/16/99 10:27 $202 860 5486 CHAPTER 1 Introduction use of Trip Generation Data ssMe thousands of data points pre- sented in Trip Generation are used for a variety of purposes. For csam- ple, developers determine site access requirements for prop developments with The aid of Trip duration. Traffic engineers use trip Senem on data to estimate future trtffic volumes upon which off -site Mnsportation e- rnents are based. Conununides use the data to evaluate the implica- tions of requests for Zoning cbanges or of potential land use !:.. _.: The complexity of potential trip generation issues has grown for the novice transportation planner, for local planning officials, and for the veteran of Trip roach" starting back in its earliest edi- tiow.The many issues facing the users of trip generation data include the followings INST TRANSP ENGS ♦ the need to select as 2PProPri2m trip generation esdmadon method when Trip Grnrratron data (1) includes both a weighted average rate and a regression equation or (2) is based on onlq a limited sample of data points: ♦ the iuc =sed recognition of the ♦ the need to collect local trip gen- eration data to either validate the 1.•� use of Trip Generation data for ••i local use or estabiish a new IOC31 ..r.�r� trop generation rate; .di M pm-by trip - making phenome- non as a significant damn, for some land u3cr7 the continual evolution of the mixes of land use, site densities, and on -site amenities within lard development (e.g., multi-use d(.rvelopments), ♦ the occasional need to estimatl nip generation for a site before the land use mix or density of :& development are laiown; ♦ the introduction of new issues (e.g., how many crude trips are genetated); and 10006/007 tive3 and persPecti"es� all Parties involved in the development of trip generation estimates should adhere to established engineering ethics simile to the M Canon of Engineering Ethics and conduct all analyses and reviews objwwmlY+ accurately, and profession4ye ♦ the claim that specific tram - portation demand management programs and transit services will reduce site trip generation by a certain amount. One issue the need i in the use Although reviewers Purpose of the Trip Generation Handbook The Trip Gmera6im Ha„ dbook has two primary purposes. The fast is to provide instruction and guidance in the proper use of data ptcstnted in Trip Gencraua+t• rrhe second is to provide additional information and data on supplemental issues of importance in esd=drLg trip gen- eration for development sites. that has not changed is or ethics and objectivity of Trip Generrtdon data, study preparers and may have different objcc- The instruction and guidance in the main body of this handbook represent a proposed Recom- mended practice for estimating trip generation for a development site. As such, its function is distinct from that of Trip Generadi n, which is an • • If portttion professional. Trip Generation 1-tandbook Chapter 1 r 04/16/99 10:28 $202 863 5486 ®Contents of the Trip Ganaration Handbook Chapter 2 provides guidance in the selection of the appropriate inde- peudent variable and in the selec- tion of a time period for exam tm ing trips generated by a develop- ment site. Chapter 3 presents a recommended mc&odology for estimating *asp g+e,nemdon for a land use for which data are provided in Tnz ireJtoution. Chapter 4 offers guidelines for the proper execution of a loci trip generation study, for the validation of Trip Generation data for local use, or for the establishment of new local trill generation rates. Chapter 5 explains the concepts of pass-by, P�� and diverted INST TRAINSP ENDS finked =iPs and their impormnce in estim2ting a* at a site's c6ive- . presents a data base on passm ... .. a. • . .. .. • • 1 11 .M • 1 • • :111-11-UP . • 1� by dam; and provides Uilstructlons The gem �! (with sample tin rcquircmcncs, data requirements, and a sample Ap McVey k smmment). on • • . w J1 L 1 1 . .. 1 • es=aang trips generated by 2 proposed site with an unknown 11 . . .t1 1 1 1 1 • ..1 . Chapter 7 indud= a definition of multi-use developments and pnsents a method for estimating internal capture rates (and the nm2l- tant reduction in external trips) with- in a multi -use development. 2 ITE ■ Trip Generation Handbook Chapter 7• Q 007 /007 also contains a of appendices that fe information on additional related to trip generation. tformation provided in the dices is strictly informational not intended to recommend .. • . •.�.1 1 all or e.. Appe,ndix : presents . . 1. • . on •. potential effects of • :1... Vi i12 .• .. ure on multi -use develop- ment that was used in the prepara- tion of the chapter 7 guidelines. Appendix D presents a glossary of terms used throughout taus r .x C t MAY -03- 1999 07 :44 FROM TRAFFIC ENGR $ SAFETY TO 916072736620 P.01 NEE' i• t z REGION NO. 3 T E L E F A X r F PAX PHONE NO. (315) 428 -4311 d 3... S TO: I�4yin/ N PP /Py o. a FROM* ! ' rhllaN r SUBJECT: /�T .3 ✓�` Fd s � / /0i q'P /rye :FGA _ PAGES: (including the cover sheet) j 16 Y r - MESSAGE - 0 ado �► Ve /�,'e< i•+ Rf 36� ov1i ��tc.�c�%�a of C It'C l� Why! f: yyt a �C T� /ti Sever4l Part AW !j /l riyevV/p. �'� // /'7� /y - %.�•• 3 L 3 s 4p Ps 4i r, ty, �� i� Xd vr y — Coe q DATE d s 7z �. TOTAL. P.01 :.. ....: is Xa NEE' i• t z REGION NO. 3 T E L E F A X r F PAX PHONE NO. (315) 428 -4311 d 3... S TO: I�4yin/ N PP /Py o. a FROM* ! ' rhllaN r SUBJECT: /�T .3 ✓�` Fd s � / /0i q'P /rye :FGA _ PAGES: (including the cover sheet) j 16 Y r - MESSAGE - 0 ado �► Ve /�,'e< i•+ Rf 36� ov1i ��tc.�c�%�a of C It'C l� Why! f: yyt a �C T� /ti Sever4l Part AW !j /l riyevV/p. �'� // /'7� /y - %.�•• 3 L 3 s 4p Ps 4i r, ty, �� i� Xd vr y — Coe q DATE d s 7z �. TOTAL. P.01 T hursday, April 22. 1999 April 19, 1996 hltp: //www.delnews.com /menu /stories /44500.htm Next Story Return to the section index Return to The Detroit News Home Page Americas duality in s towns have lost their indivi reaction By Hollis L. Engley / Gannett News Service Everywhere we go today, everything looks the same. Yes, the Mississippi River at Vicksburg, Miss., is wider than the Rappahannock at I intersection of U.S. 61 and Interstate 20 outside Vicksburg, then to Interstate 95 anc Hospitality Lane in San Bernardino, Calif, Page: 1 C+lr�iT ..................... modern chain redericksburg, Va. But go to the Virginia 3 in Fredericksburg. Or Turn 360 degrees in those places among the Taco Bell and McDonald's, Pizza Hut and Boston Market, Jiffy Lube and Aamco Transmission and then tell us which is Mississippi, which is Virginia and which is California. (No fair looking at the license plates.) Out in edge -of- the -town America, where nobody lives and everybody drives, Vicksburg looks like Fredericksburg looks like Boise looks like San Bernardino looks like Santa Fe. National chains and franchises have laid a carpet of uniformity on the commercial landscape, and in many cases, have killed downtow i in the process. The same holds true in shopping malls, where the faces of national chains like Radio Shack, Gap, Barnes & Noble, Sports Authority, JCPenney and Sears greet shoppers and the usual fast -food suspects dominate the food courts. Today in the United States, there are 9,747 McDonald's, 11,358 Subways, 8,064 Pizzas, 3,435 Little Caesars, 2,624 Dunkin Donuts, 1,531 Days Inns, 1,512 Holm In 1979, discount retailer Wal -Mart had 276 stores; today there are more than 2,2( companies had 13,000 outlets; by 1994 the top three had 36,000. Wherever in this country you travel, wherever you stay or eat, the good news is t is ... there are no surprises. We like that. We must, to support franchise and chain businesses the way we do; sales in 1994. In his books The End of the Road (Penguin) and Home Away From Home (Bu . roadside architecture that once helped make a place unique — the cowboy boot in Grand Forks, N.D.; Bob's Java Jive in Tacoma, Wash., a cafe shaped like a But traveling thousands of miles of U.S. highways has made even Margolies uniformity. ;ger Kings, 4,242 Domino's Inns. In 1980 the top three fast -food are no surprises. The bad news 's alone did $15 billion in John Margolies celebrates the pool at the Westward Ho Motel pot. the virtues of national He cites his McDonald's rule: "You'll get the same burger and the restrooms located yin the same place. It's the 1975 Holiday Inn slogan - -'the best surprise is no surprise.' " Room for everyone "I think the feeling here is that there's definitely a market for both (chains and in( of the National Restaurant Association in Washington. D.C. "People are not exclusive restaurant - goers. And most independents welcome the nts)," says Wendy Webster ... because it will bring t y , ._I Thursday, April 22, 1999 http: / /www.delnews.com /menu /stories /44500.htm Page: 2 people out. They drive right by (the independent restaurant) and it's free marketing." Ellen Shubart thinks that, especially when traveling, people do drive right by, straight to a chain restaurant. Food at the chains doesn't "scare us," says Shubart, editor of Franchise Times. Chain food might look and taste the same, but Shubart laughs, "That's the whole premise behind franchising. We know what we're going to get, and it won't be a bad scare from mystery meat loaf." But have we lost something in this homogeneity? For one thing, we've lost the vitality of many functioning downtowns. With so much business on the outskirts, does downtown mean anything any more? "It's important because if you have a traditional downtown, it means that you have an active business leadership and an active civic leadership and from that a sense of community," says Richard Moe, president of the National Trust for Historic Preservation in Washington, D.C. "It's very difficult to find a sense of community in a strip mall. It's just not conducive to that." Mark Schoifet of the International Council of Shopping Centers in New York is not so certain. He thinks that in some cities, malls may become contributing downtown citizens. He cites shopping centers in Indianapolis and Norfolk, Va., and says, "It's almost as if the suburban opportunities for expansion have become fewer." Gearing up for uniformity Indeed the automobile, says historian James Kunstler, is the key to the phenomenon of commercial sameness and sprawl. Kunstler says the genesis of those strip developments at the edge of your town go right back to the 1890s, when Henry Ford was tinkering with the embryonic horseless carriage. In his 1993 book, The Geography of Nowhere (Simon and Schuster), he traces European land -use in this country from the Pilgrims to the Pasadena Freeway. And he finds recent generations lacking taste and foresight. "The price we're paying for a Big Mac is a complete degradation of our civilization, the complete degradation of our public life," he says. "I would say that's a bad deal." In Geography he writes, Eighty percent of everything ever built in this country has been built in the last 50 years, and most of it is depressing, brutal, ugly, unhealthy and spiritually degrading." But not everyone buys Kunstlei's dark internal combustion -driven view of U.S. sprawl and ubiquitous monolithic edge -of -the -town businesses. Go with the flow, John Margolies says, things will probably change again. "The wave of the future is consolidation and two or three monolithic chains to serve one function or another," he says. "In the old days there were hundreds of brands of gasoline. Now there are a few. "The prevailing mode of computerized, new age, millenium America, and the world for that matter, is Marshall McLuhan's (global village) come true." Copyright 1996, The Detroit News Comments? Criticism? Story ideas? Talk to us. Mo nday, May 3, 1999 Noverriber. 1997. V:S: Edition http:/twww.cspinot.org/nah/novtast.htm Fast Food Follow Up By Jayne Hurley & Bonnie Liebman � Page: I I. Remember when all fast -food burgers and fries were small, all the chicken was fried, and the only decision was whether to get a shake or a Coke? I More than three decades - -and billions of burgers -- later, the choices are better...and worse. Fast food chains are tripping over each other to build bigger burgers. Fries have swollen to "super sizes" that have as many calories as a Big Mac. Chicken, fish, and potatoes are no longer fried in beef fat, but the vegetable shortening clogs arteries almost as much. What's more, restaurants have dropped some of the improvements of the early '9,Os. McDonald's has canned its McLean Deluxe burger, which was made from lean meat. The company's grilled chicken sandwich has put on 140 extra calories from a thick layer of mayo. And its shakes and ice cream cones are no longer low -fat. Likewise, Taco Bell's Border Lights menu is gone. And yet, if you look hard enough, you can find some new fast foods that are worth crossing the street for. The best of the lot: Wendy's Fresh Stuffed Pitas. They loin a handful of salads, baked potatoes, grilled chicken sandwiches, and selected subs on the short list of fast food that's not half bad. I It's the usual fast -food refrain: one more item you can try ... a dozen more to avoid. Here's a rundown of what's hot, and what's worth a closer look. Monday, May 3, 1999 http:/twww.cspinet.org/nah/novtasl.htm Burgers, etc. It's tough to walk out of a fast food restaurant without blowing at least half a day's artery- clogging fat. A large fries will do it. So will a Big Mac, a Whopper, a Burger King Chicken Sandwich, or nine Chicken McNuggets. So what are fast food chains doing? without the bacon, it's worse than a Big 'N Fatty - -its version of Burger Meanwhile, Burger King has rolled has more beef than bread," says the of colon and prostate cancer. Page: 2 Late last year, McDonald's introduced the Arch Deluxe burger. Even Quarter Pounder. And MickeyD is testing the Big 'N Tasty - -make that the King's Whopper. out its Big King burger to battle the Big Mac. "It's like a Big Mac, only it ad. Just what America needs: more beef to clog arteries and raise the risk "We think it's a bigger, better Big Mac," boasts a company spokesperson. With nearly double the Big Mac's sat fat, it's more like a bigger, badder Big Mac. Wraps A pita (pocket) bread or flour tortilla stuffed with salad, chicken, fish, or other foods often has less artery- clogging fat than a burger, an order of nuggets, or a fried chicken sandwich. But some wraps are better than others. Wendy's Fresh Stuffed Pitas lead the line -up. While most chains think salad is synonymous with iceberg lettuce, Wendy's dares to add carrots, red cabbage, cucumbers, red onion, broccoli, and romaine. Try skipping the dressing. You should still have flavor to spare. Just beware of Wendy's Classic Greek Pita. To your heart, its feta cheese looks like a Quarter Pounder. Most other companies' wraps have fewer vegetables. Taco Bell stuffs its Fajita Wraps mostly with rice. But if you hold the fajita sauce - -they taste fine without it - -they almost get a Better Bite. Unfortunately, you can't order KFC's Chicken Twister without sauce. And Long John Silver's fried fish, chicken, or breaded "popcorn" shrimp is greasy and unappetizing ...with or without the sauce. Despite its healthy image, Au Bon Pain's Southwestern Tuna Wrap has more sat fat than two Quarter Pounders, plus 950 calories to pad your waistline. Au Bon's delicious Summer Turkey Wrap, on the other. hand, is the lowest -fat wrap we found. Grilled Chicken Sandwiches "McDonald's has ruined its grilled chicken sandwich," writes NAH reader Mrs. Allen Nitz of Wauwatosa, Wisconsin. "It used to have three grams of fat and now it has 20 grams." What happened? McDonald's now adds more than a tablespoon of mayo to its sandwich. The added fat isn't saturated, but it piles on an extra 140 calories. A grilled chicken sandwich is still better than almost anything else on the menu. A few chicken tips: • At McDonald's, order the Grilled Chicken Deluxe without the mayo or ask for a package of light mayo. It will add just four grams of fat and 40 calories. • Go elsewhere. A KFC BBQ Flavored Chicken Sandwich, Wendy's Grilled Chicken Sandwich, Arby's Light Roast Chicken Deluxe or Grilled Chicken BBQ, Long John Silver's Flavorbaked Chicken Monday, May 3, 1999 July /August 1998 — U.S. Edition :.: Nor http: / /www. cs pinet.org /nah /7_9Beat. ht m Why We're Getting Fatter Xelly Brownell is a professor of psychology, epidemiology, and public health at Yale University in New Haven, leading obesity experts and is a member of Nutrition Action Healthletter's Scientific Advisory Board. Brownell by telephone. You notice it especially at the beach. With one out of two adults and one out o it's almost abnormal to be normal weight. Fewer manual jobs, more compute afraid to let their kids outside to play without supervision, and increased deper the fattening of America. But that's only part of the equation. The food indus each year on advertising and promotion to create an environment that constant not hawking carrots and celery sticks. Q: Why is there an obesity epidemic in the U.S.? .A: There are several logical places to look for the answer. Our culture and the medical p places. Culture has blamed obesity on the individual. We assume that people are overweight lazy, weak, and gluttonous. An imperfect body reflects an imperfect person. Q: Don't people need to watch what they eat? .A: Yes, but the pressure on people to take responsibility for what they eat is staggering already, will be counterproductive and make people even more obsessed with what they eat. A good example is the Shape Up America! program, which is spearheaded by former Surges basic message is that the American public should weigh less and exercise more. Is there anyone i Q: What's wrong with the medical profession's approach to obesity? A: People are in hot pursuit of the obesity gene, and perhaps something will come from genetic people lose weight. But, I ask you, do genes explain the epidemic and will they provide the solu Developing drugs to solve the obesity problem might help some people, but the effort might repair the damage caused by smoking, and not attending to its cause. And searching for the gene for obesity may be like searching for the gene to discover who w Yes, it would be interesting, but the cause of the lung cancer is smoking, not biology. Q3: What's causing obesity rates to soar must be something that has changed .X: Right. The prevalence of obesity has increased dramatically since 1980. And obesity is on tl each becomes more like America. . Can we explain the increase because we have less willpower than we did ten years ago? Are with biology? Has the gene pool changed in ten years? Evolution takes millions of years. We ig The constant pressure to eat? A: Yes. I believe that Americans are exposed to a toxic food environment. The word `toxic' is r agents in the environment that are widely available and that cause people to be sick. Americans have unprecedented access to a poor diet —to high - calorie foods that are widely a promoted, and good tasting. These ingredients produce a predictable, understandable, and inevit ,J Page: t iecticut. He is one of the nation's to Nutrition Action's Bonnie Liebman four children overweight, and television, parents ence on cars all contribute tc y spends billions of dollars pressures us to eat. And it's may be looking in the wrong of personal failings, that they're I wonder whether more pressure General C. Everett Koop. Its America who doesn't know that? coveries that will help some V I don't believe so. likened to developing drugs to get lung cancer once they smoke. rise in country after country, as so different? Can we explain it the obvious. too strong. There are dangerous ilable, low in cost, heavily le consequence —an epidemic of y Monday, May 3, 1999 diet - related diseases. : Is the food industry to blame? http://www.cspinet.org/nah/7-98eat.htm 1ge: z ,A: The food industry certainly contributes, but it's hard to know whether the industry is responding to demand from consumers or is shaping food preferences. Either way, the environment is terrible. The New York Times recently ran an article on McDonald's. It said that three new McDonald's come on line every day, that a corporate goal is to have no American more than four minutes from one of its restaurants, and that seven percent of Americans eat at McDonald's on any given day. And that's only one chain. This is capitalism at its best to be sure, but what effect is it having on us? McDonald's signs now say `billions and billions served.' When it becomes `trillions and trillions,' will we be better off? }: Why is the fast food industry so successful? :A: It has made many marketing breakthroughs. One was serving breakfast. Others were the drive -in window and package meals —what McDonald's calls super -value meals. And now we have very large sizes —what they call supersizes. The industry's influence is so pernicious and pervasive that many, perhaps most, American children recognize the word `supersize' as a verb. It's just part of our culture. 4� : It's not just fast food. Our studies show that a typical meal at an ordinary restaurant has 1,000 calories, and that's without the dessert or appetizer. A: One of the first things people from other countries notice when they visit the U.S. are the large portions served in restaurants. In most of the world, there's no such thing as a doggie bag. Q: And food is available everywhere, all the time. A: Yes. It seems like every service station has been remodeled to put a food market inside. You can drive down the road in many communities and pass five or six service stations, fast food restaurants, and convenience stores in less than a mile. One Exxon station near my home has not only a food market with the usual chips and snack foods, but also a Dunkin' Donuts franchise inside it. And a Texaco station off the interstate had a food market, Dunkin' Donuts, and Subway. Fast food is infiltrating our culture. There are fast food restaurants inside some schools. Malls have food courts. Fast foods are showing up on airline flights and in airports. It's basically everywhere. Vii: And schools that don't house fast food chains serve hamburgers, pizza, tacos, or other fast foods anyway. A: Right. You can argue that we're biologically programmed to eat such food because it's high in fat and sugar. Laboratory rats will eat that kind of food if you give them access to it, and they can become quite obese. Animals —and people — evolved in an environment where food was scarce and calorie expenditures were high. Under those conditions, being programmed to eat high - calorie food is adaptive. Those ancient genes wouldn't be a problem if the environment weren't so damaging. Q. The ancient genes programmed our ancestors to eat high- calorie foods to sustain people in times of scarcity 0 A: Exactly. But there's no scarcity today, and we expend far fewer calories. The environment has only changed over the past hundred years, and it takes thousands or trillions of years for evolution to catch up and change our ancient genes. The environment has changed too quickly. Q4 What about sedentary lifestyles? A: This is terribly important. The toxic environment is a combination of food and lack of physical activity. The remote control, video games, the automobile, television, and to some extent the computer are all part of the toxic environment because they discourage people from being physically active. Q: Aren't there barriers to physical activity? A: Some people live in neighborhoods where they can't go outside because walking or running is too dangerous, and they don't have money to join health clubs. Plus, given that we're becoming fatter as a society, it becomes less appealing to exercise. And energy - saving devices are part of who we are. We can't get rid of the remote control or the computer. Those devices will continue to creep into our daily lives so there'll be even less need to be physically active. That means that people are going to have to get physical activity on their own time and in their own way. it Monday, May 3, 1999 http://www.cspinet.org/nah/7-98eat.htm Do other countries have less -toxic environments? A: Yes. And they have less obesity, too. There's an alarming increase in obesity, like we see level. As the environment changes, those countries will have more diet problems, as we do. (,); What about the social pressure to eat? Has junk food become synonymous A: As in most cultures, food has tremendous social meaning. People can feel like they aren't everybody else does. Food also has personal meaning. It can be a person's best friend, and it allows some peop Some people look forward during the day to being alone with their food in the evening. It rep nurturance that may not come from other people. 4): Is that a result of the toxic environment? A: Some people would be drawn to food regardless of the environment, but just as the alcohol people feel cool and part of a group if they drink, the food industry makes eating seem pretty s m3: What's the answer? A: I recommend that we develop a militant attitude about the toxic food environment, like we b certain actions to change the American diet to be more healthy. The specific proposals I've made are: subsidize the cost of healthy foods, so they cost less; they cost more; regulate food advertising aimed at children; and develop more opportunities for Q: How do people react to your bad - food -tax proposal? .A: The knee-jerk response has been: `Where does it end? Are you going to tell us how to lead decisions ?' But if you went back 20 years and said `I propose we recover money from the tobacco con caused by smoking' or `we should ban smoking in public places' or `take Joe Camel off the bi you were crazy. Government intrusion, they would have charged. But all that changed as we recognized the overwhelming toll produced by smoking. It beca the intrusion on individual rights for the greater social good. With 425,000 people dying each year from smoking - related diseases, this is a crisis. Yet 3 and a sedentary lifestyle. This certainly seems serious to me. Q: So even though french fries aren't as addictive or harmful as cigarettes, in manipulating us, from a young age, to do something unhealthy? A: Exactly right. I have asked myself whether Joe Camel is different than Ronald McDonald. encourage children to adopt habits that could be bad for their health. Q: Aren't our growing waistlines a sign of the food industry's success? Page: 3 the U.S., but they start at a lower fun? of the group if they don't eat like to numb out from a difficult world. Tents comfort, soothing, and glorifies drinking and makes about tobacco. And that leads to ie the cost of bad foods, so to be more physically active. lives and intrude on personal to repay states for expenses ,,' people would have thought so serious that society overlooked die from diet - related diseases cases there's an industry could claim that they both when we see record levels obesity ty in our clhildren and growing omenal sales of s a it's difficul it to be fastlfoods,optimistic and soft drinks. �e mature Sill ersize Food, Supersize Peo i It food industry is selling food in larger portions," says Marion Nestle, chair of the Deparunell New York University. "There's been a steady progression of restaurants and manufacturers dropping small sizes. Starb its menu any more, only `tall,' `grande,' and the even - larger `venti.' " Nestle and colleague Lisa Young asked 100 college students taking a nutrition course to bring m cookie that.they considered "medium. "1 Then they compared those foods to serving sizes that tli Agriculture —which advises the public on how much of what to eat —calls "medium." The result o A typical medium baked potato was seven ounces, instead of the USDA's four ounces. of Nutrition and Food Studies at doesn't have `short' drinks on a bagel, baked potato, muffin, or U.S. Department of V 4 t Monday, May 3, 1999 http:/Iwww.cspinet.org/nah/7-98eat.htm • A typical medium bagel was four ounces, double the USDA's two ounces. • A typical medium muffin was six ounces, triple the USDA's two ounces. It's a great sales technique," says Nestle. "People buy larger sizes because they perceive them as good value. If they're going to spend all this money on food, especially in a restaurant, they figure they might as well get a lot to eat." And more food doesn't cost much more. At many United Artists movie theaters, a small drink (22 oz.) costs 52.50, a medium (32 oz.) costs $2.75, and a large (44 oz.) costs $3.00. Why is it profitable to sell giant servings? "Only about 20 cents of every food dollar goes to the producer of the food," explains Nestle. "The rest is for packaging, transportation, advertising, and marketing." And those costs don't change much as the serving size soars. Page: 4 Movie and a Measuring Cup 40K, so foods come in bigger sizes. Does that make us eat more? Yes, says Brian Wansink, director of the Food and Brand Research Lab at the University of Illinois at Champaign-Urbana. Wansink sent 79 parents home with a video and either one- or two -pound bags of M &Ms plus either a "medium" or "jumbo" movie - theater -sized tub of popcorn for each family member. "On average, people ate 112 M &Ms from the one -pound bag and 156 from the two -pound bag," says Wansink. Likewise, the average person ate roughly half a tub of popcorn, whether it was medium or jumbo (which held twice as much). "People can often eat about 50 percent more of hedonistic foods like candy, chips, and popcorn when they come in bigger packages," says Wansink. "With other foods, the increase is usually about 25 percent." Why? "I think we're hard -wired to believe that bigger equals cheaper. So people feel that it costs nothing to use more." More evidence: People poured themselves about 20 percent more bottled water when it came in a two -liter container instead of a one -liter container.2 But when the containers were labeled it water," they poured the same amount from each. "People see tap water as free, so there's no size quantity discount," says Wansink. "And for most products, you do save money by buying a larger size." Drop Anchor Signs in supermarkets can also encourage people to buy more food.3 In Wansink's studies, people buy more of an item —often twice as much —if the sign uses: • Multiple -unit pricing, like "2 for $1.50" instead of 75 cents each." • Quantity • Suggested quantities, like[ "Snickers bars--buy 18 for your freezer." sells even more). "Just putting a specific number on a sign will stimulate shoppers to buy more than the one or two they ordinarily would," says Wansink. "When consumers shop, they anchor on a suggested number to buy and then adjust that up or down, depending on the circumstances." Most people anchor on one or two, and usually buy one to three of the item. "But when the sign suggests a different, higher number," he explains, "many consumers unconsciously adopt this as their new anchor and adjust down a few units from that." How to avoid eating more? • Include in your shopping list the amount of each item to buy. • At restaurants, don't hesitate to ask for a doggie bag. You'll have tomorrow's lunch already made. • Offer to share an entree, appetizer, or dessert. You'll save money and calories. 1 J. Amer. Dietetic Assoc. 98: 458, 1998 — U.S. Edition. 2 Journal of Marketing 60: 1, 1996. 3 Journal of Marketing Research 35: 71, 1998 — U.S. Edition. [ Nutrition Action Healthletter ] [ CSPI Home Page ] ac- RECOMMENDED SITE PLAN REVIEW PROCEDURES FOR DF FACILHES (Site Development Plan Review, August 1998, NYS Di Coon Local Government Technical Series, Appendix F on "Drive -in ARE NOT MET BY PROPOSED BURGER KING (1006 Ellis Hol From the Site Development Plan Review document, bold print King site plan review E -THRU of State, James A. ilities ") WHICH r Rd. ) * * * * * * * * * ** current Burger 1, SITE ANALYSIS Air quality: state and federal regulations concerning air quality where a series of facilities will concentrate cars, should be reviewed prior to final approval. Air quality not yet considered for Burger King; Burger another 4 lane drive -thru facilitity (CFCU bank) 2. TRANSPORTATION Pedestrian access: Pedestrian walks should should be provided pedestrians entering from the shopping center areas. Walkways exist, but there is no pedestrian link between B the current pedestrian path along the Town of Ithaca right Summerhill Apts. and Ellis Hollow Apts. A congested ser both CFCU and Burger King will have to be crossed by F (including the elderly). 3, ON SITE CIRCULATION Parking spaces which require "backing" directly in front of eid drives should be avoided. There should be a one -way traffic system if cuts or a loop system with a median strip separating entry and exit if tl is adjacent to accomodate er King and way from road serving exit or entry :re are two curb a. is one curb cut. Burger King has two curb cuts, and so should have a one -way traffic system. It does not. 1 Recommended minimum standards for various drive -in facilities are as follows: Drive -in restaurants: one space per four seats. I Burger King thus needs only 19 parking spaces. It is proposing 40, which is double the reommended amount of parking. , 4. STRUCTURES Facilities which are located in shopping centers should ... blend with them. The use of garish ...colors simply to attract attention should not be permitted. Drive -in facilities will employ a number of design motifs to market their product or service. These motifs should be complementary to the community and surrounding land uses. As stated in the SEQR analysis prepared by Town of Ithaca Planning Staff, the style of Burger King does not fit with the style of the buildings closest to it: CFCU bank, TCTC bank, the medical/dental office building, and Best Western motel. It uses more garish colors than are used on the facade of all of the other shops in the East Hill plaza, and it has more garish signage than in the East Hill plaza. Its colors are not unlike the Citgo gas station, I j but Burger King is not a gas station, and a gas station would not be allowed in a Business C zone. SIGNS: Although there may be intense competition between such commercial developments, that is no excuse to do away with fair and uniform sign standards. Too large signs, or too tall mounts,...should not be permitted. Variances for size and location of Burger King signs are being considered. MAINTENANCE: Provisions should be made for adequate maintenance of the site (iincluding re -use or demolition of abandoned drive -in facilities). ...areas should, be provided for snow removal and storage. There is no provision for re -use or demolition of the proposed Burger King, should it be abandoned. There is no area provided for snow removal or storage. ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Town Law 272-a- 11. Effect of adoption of the town comprehensive plan. (a) All town land use regulations must be in accordance with a pursuant to this section. Town of Ithaca zoning regulations are not in accordance with Comprehensive Plan. The Comprehensive Plan calls for the e shopping areas. This is not recognized by the current zoning distinguishes Business A -E. hensive plan adopted Town of Ithaca ilishment of neighborhood nance, which only ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Town of Ithaca Zoning Ordinance (section 78) states that "in met the Town Board and the Board of Appeals, the Planning Board 3. The proposed change is in accordance with a comprehensive Town." E Town of Ithaca Comprehensive Plan: V -I: Adoption of the Corr. Town Board (Sept. 1993) compels other town boards to follow recommendations to determine that:... of development of the iensive Plan by the Comprehensive Plan. Below are ways in which approval of the proposed Burger King isl not in accordance with I the Town Comprehensive Plan. Appendix E: Goals, objectives and recommended actions E2 (d) Discourage "strip commercial development". NOTE: New York State "Site Development Plan Revieq states the following: "the drive -in facility has led to a "strip" commercial development ". Approving Burger King for a Special Approval does (d). A2-0) Discourage conversion of local residential roads into thr Approving Burger King does not meet this objective. L roads such as Judd Falls Rd and Pine Tree Rd (and Mi become "through" roads to the East Hill Plaza and to B increased site - generated traffic. F1 (b) Require a Pedestrian Circulation Plan for new development There is no such plan for the proposed Burger King. met. F3 (c) Ensure that large volumes of traffic are not routed through awkward confusing intersections. , August 1998, 4iferation of meet objective E2 roads, al residential hell St.) will ger King with its objective is not areas of .h . a Approving Burger King does not meet this objective. Large volumes of traffic will be routed through the awkward Judd Falls Rd. / Pine Tree Rd. /Rt. 366 intersection. No current plan exists to make this intersetion less awkward, congested, or confusing (R. Tennant, NYSDOT Syracuse). F3 (e) Provide safe pedestrian crossings Approving Burger King does not meet this objective. There is no safe way for pedestrians to walk from the town of Ithaca right -of -way located near the apartment complexes to Burger King, Chapter III: Town of Ithaca Comprehensive Plan: GOALS AND OBJECTIVES Al: Neighborhoods that have low traffic and low speeds This goal is not met by approving Burger King. 'Siting Burger King on Ellis Hollow Rd. will increase traffic in neighborhoods (Forest Home [because of North Campus student housing], Pine Tree Rd (BK traffic report) B 10: Protection of historic sites and structures Siting Burger King on the Mitchell site, which has potential historic significance (NYS Dept. of Parks, Recreation and Historic Preservation letter from R. Pierpont, April 5, 1999) does not meet this goal. B 14: The City of Ithaca remain a strong core for the community Siting Burger King a half mile from the city boundary will draw restaurant traffic to East Hill Plaza (town) rather than to city restaurants (Collegetown, Downtown). This objective is not met. te Aryal I ft • "• It •' 11 Immompm • 1:•' ••� •' 1 • 1 UV 1 R UNF40 W UWANMWF I Log qWP FIN 1! 0 .: MIW The objective is to have small -scale neighborhood oriented commercial areas... located so as to meet ...neighborhood needs while not adversely affecting surrounding neighborhoods, and of an architectural state that enhances their neighborhoods. Approval of the proposed Burger King does not meet this objective. Surrounding neighborhoods, with their exisiting transportation problems (Comprehensive Plan, map of transporation problem areas) will be adversely affected by the addition of Burger King traffic. The architectural state of Burger King cannot be said to "enhance" the neighborhood. This objective is not met by approving the proposed Burger King. F. TRANSPORTATION tow W W The objectives are to have 1. A reduced need for cars in the greater Ithaca area ... Provide a planning framework for new development...to public transit. There are no bus stops at Burger King. 5. Future deveopment designed so as to minimize adverse impa efficiency and safety... To accomplish this objective, the Town should: limit the scale and concentration of development to what can be transportation system. Approving Burger King does not do this. As indicated transportation" areas map in the Commprehensive Pla: system is already stressed and adding more traffic fro strain it more (ego Judd Falls /Pine tree /366 intersecti 79 intersection, Pine Tree Rd near Rt. 79, Pine Tree simplify provision of on present roadway by the y the "problem the transportation Burger King will Pine Tree Rd. /rt. 1. near Rt. 366). c l ri w . ; My name is Merry Jo Bauer. I live at 921 Coddington Road and although that is 3 1/2 miles from the East Hill Plaza I still consider the Plaza part of my neighbor hood. I go there every week, and usually more often. I patronize the P &C, the wine shop, the drycleaners, the drug store, M &T Bank, TCTC, the Credit Union regularly, and occasionally the Video Store, the Bagel Store, the Hairdressers, the Hardware Store, the Mailing Store and the gas station. The Plaza is by no means a beautiful Plaza, but neither is it ugly. That small stretch of green, with a few trees and shrubs, softens and enhances the area. Does it have to look like Elmira Road? I don't know if it is too late to protest Burger King's plans. Apparently it is legal for them to be there. Has Cornell already sold the land? To whom do we have to appeal not to build there? Burger King? I think it is apparent that people in the neighborhood do not feel the need for a Burger King. Cornell? Do their students and workers need a nearby Burger King? Let them build it on the Cornell campus! Does Cornell need the money? Do we know for how much they sold that piece of land? Is it part of the public record? I would like to know the answer to that question. What Cornell should be doing is enhancing that small spit of land with some lovely landscaping - I'm sure they could afford it just from the proceeds from the $45.00 parking tickets they hand out at the East Hill Plaza! Cornell has in the last few years become one-of the most highly endowed universities in America, and here they are, degrading a neighborhood, apparently just for money. I dread to think what the traffic pattern in front of a Burger King on Ellis Hollow Road will be. Right now that turning lane is tricky and incorrectly used. Traffic in and out of a Burger King parking lot will make it even worse. If Cornell cannot revoke the sale of that land, then let Burger King occupy the former "What's Your Beef" space and have a drive -thru in the back. But the best outcome of all would be for Burger King to withdraw its plans and, if necessary, for Cornell to buy back its land and deed it to an organization such as The Finger Lakes Land Trust to be open space forever. ATTACHMENT # 25 TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca,New York 14850 Tuesday, May 4, 1999 AGENDA - [NOTE: The May 4, 1999 Planning Board Meeting will be held in the Tompkins County Human Services Building, First Floor Conference Room,320 West State Street,Ithaca, N.Y.] 7:30 P.M. Persons to be heard. 7:35 P.M. PUBLIC HEARING:Consideration of Final Site Plan Approval for the proposed reconstruction of Campus Road,between Tower Road and Caldwell Road,to consist of rebuilding and realigning that portion of Campus Road,modification of the entrances to B Lot parking area to reduce the number of curb-cuts on Campus Road,modification of the intersection at Caldwell Road,addition of bicycle lanes, revision of the sanitary and storm sewer system,and installation of lighting and landscaping. The project site is located off of Dryden Road(Route 366),Tax Parcel No's.63-1-2.2,63-1-12,63-1-3.1,63-1-3.3,67- 1-10.2,and 67-1-10.6. Residence District R-30. Cornell University,Owner/Applicant;Kim Martinson, Agent. 7:45 P.M. PUBLIC HEARING:Consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed conversion of a single-family residence into the new Montessori Middle School,consisting of 3,044+/-square feet,located at 122 East - King Road on Town of Ithaca Tax Parcel No.43-1-3.6,Residence District R-15. Also consideration of a recommendation to the Zoning Board of Appeals regarding a sign variance. Elizabeth Anne Clune Montessori School,Owner/Applicant;Peter Demjanec,Agent. 8:05 P.M. PUBLIC HEARING:Consideration of a Recommendation to the Town Board regarding a proposed Moratorium on Drive-through Businesses in the Town of Ithaca,excluding those applications for such businesses which are currently pending before the Town of Ithaca. 8:25 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a Burger King restaurant and drive-through at East Hill Plaza,to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include:a 2,820 +/-square foot building and drive-through on a 1.859+/-acre parcel,additional proposed parking spaces on the east side of the proposed building,proposed signs,landscaping,lighting,and outdoor seating area, located on Town of Ithaca Tax Parcel No.62-2-1.22,Business"C"District.Cornell University,Owner; Rowe Restaurants,Applicant/Agent. 6. , 7. Other Business. 8. Adjournment. Jonathan Kanter,AICP Director of Planning 273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY MARY BRYANT AT 273-1747. (A quorum of four(4)members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, May 4, 1999 —' By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, May 4, 1999, at the Tompkins County Human Services Building, First Floor Conference Room, 320 West State Street, Ithaca, N.Y. , , at the following times and on the following matters: 7:35 P.M. Consideration of Final Site Plan Approval for the proposed reconstruction of Campus Road, between Tower Road and Caldwell Road, to consist of rebuilding and realigning that portion of Campus Road, modification of the entrances to B Lot parking area to reduce the number of curb-cuts on Campus Road, modification of the intersection at Caldwell Road, addition of bicycle lanes, revision of the sanitary and storm sewer system, and installation of lighting and landscaping. The project site is located off of Dryden Road (Route 366) , Tax Parcel No' s. 63-1-2 .2 , 63-1-12 , 63- 1-3 .1, 63-1-3 .3 , 67-1-10 .2 , and 67-1-10 .6. Residence District R- 30 . Cornell University, Owner/Applicant; Kim Martinson, Agent . 7:45 P.M. Consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed conversion of a single-family residence into the new Montessori Middle School, consisting of 3 , 044 +/- square feet, located at 122 East King Road on Town of Ithaca Tax Parcel No. 43-1-3 . 6, Residence District R-15. Also consideration of a recommendation to the Zoning Board of Appeals regarding a sign variance. Elizabeth Anne Clune Montessori School, Owner/Applicant; Peter Demjanec, Agent. 8:05 P.M. Consideration of a Recommendation to the Town Board regarding a proposed Moratorium on Drive-through Businesses in the Town of Ithaca, excluding those applications for such businesses which are currently pending before the Town of Ithaca. 8:25 P.M. Consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a Burger King restaurant and drive-through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2 , 820 +/- square foot building and drive-through on a 1. 859+/- acre parcel, additional proposed parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No. 62-2-1.22 , Business "C" District. Cornell University, Owner; Rowe Restaurants, Applicant/Agent. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Jonathan Kanter, AICP Director of Planning 273-1747 Dated: Monday, April 26, 1999 Publish: Wednesday, April 28, 1999 .y OF I?' off' ���;•, TOWN OF ITHACA ,�, � �/ 126 EAST SENEGA STREET, ITHACA. N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1650" PARKS 273-3C35 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1793 FAX ;607)273-1 704 PRESS RELEASE -FOR IMMEDIATE RELEASE DATE: April 30, 1999 CONTACT: Jonathan Kanter, Director of Planning 273-1747 The Town of Ithaca will be holding a Planning Board meeting on Tuesday,May 4, 1999,beginning at 7:30p.m. Please note that this meeting will be held in the Tompkins County Human Services Building, First Floor Conference Room,320 West State Street,Ithaca,NY,rather than in Town Hall (where the meetings usually are). The following items will be considered at the May 4, 1999,Planning Board meeting: 7:35p.m. - Public hearing on consideration of Final Site Plan Approval for the proposed reconstruction of Campus Road at Cornell University, between Tower Road and Caldwell Road. 7:45p.m. - Public hearing on consideration of Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed conversion of a single family home into the new Montessori Middle School, East King Road. 8:05p.m. - Public hearing on consideration of a Recommendation to the Town Board regarding a proposed Moratorium on Drive-Thru Businesses in the Town of Ithaca, excluding those applications for such businesses which are currently pending before the Town of Ithaca. 8:25p.m. - Public hearing on consideration of Preliminary Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed construction of a Burger King restaurant and drive-thru at East Hill Plaza, to be located between the I� existing Citgo Gas Station and the existing Tompkins County Trust Company. TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: May 4, 1999 PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFILIATION (Please PRINT to ensure accuracy in official minutes.) AIWI- r�rson) IL �� C qfvCilvey-L. v�cwev-� e PL�E-�, PEWAW-1� Itk ` r rw e) (i c� -T-/ ,,v Lj L 2, P, f1d I l2r cs l N,, �. TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: May 4, 1999 PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFI LIATION (Please PRINT to ensure accuracy in official minutes.) T u 0 a 444 SOW A- t e r '0 {� { + 8 Gckuti C1,�-C [-e- -• V* QV-.--Z V-a, �sor d�I d (IGG r,(1.s �3 ?eKM44Lc Ary r. TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: May 4, 1999 PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFILIATION (Please PRINT to ensure accuracy in official minutes.) Z-- / � 2 s J rel' F_ R Cj-e_.rte- 1 o L=4 7�V rCLr—Al��t, H / ,l LLAiL4L7 LL tzP Q r l 0144 kyamc+ LAI 2 cry v y� y ' �06 t r �l`acl2 /VV 7�7; 1 T.N LC TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: May 4 1999 PLEASE PRINTYOUR NAME PLEASE PRINT ADDRESSIAFFILIATION (Please PRINT to ensure accuracy in official minutes.) L�=� I %6 � � �ic�'4�CSCL�Sfrzio / 1-7z ELLr H,,LC-,321J i The Ithaca Journal W@dnesday, April 28, 1999 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday,May 4, 1999 B direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings wild be held by the Planning Board of the Town of Ithaca on Tuesday,May 4, 1999 at the Tompkins County ll man Services Building, First Floor Conference 8,05 P.M.Consideration of a Room, 320 West 'State Recommendation to the Town Street,Ithaca,N.Y.,at the Board regardina proposed following times and on the Moratorium on Drive-through following matters: Businesses in the Town of 7:35 P.M. Consideration of Ithaca, excluding those ap- Final Site Plan Approval for pficatians for such businesses the proposed reconstruction whichare curren0 pending of Cam us Road, between before the Town of 3thnca. Tower Road and Caldwell 8:25 P.M. Consideration of Road,to consist of rebuilding Preliminary Site Plan Ap and realigning that portion of provaI and a Recommendo- Campus Road, modification tion to the Zoning Board of of the entrances to B Lot park- Appeals regarding Special ng area to reduce the num- Approval for the proposed bet of curb-cuts on Campus construction of a Burger King Road, madification of the restaurant and drive-through intersection at Caldwell at East Hill Plaza, to be to- Road, addition of bicycle cated between the existing lanes,revision of the sanitary Citgo Gas Station and the and storm sewer system,and existing Tompkins County installation of lighting and Trust Company on Ellis Hal- iandscapinqq The project site low Road. Said proposal will is loco ted off of Dryden Road include: a 2,821 1111,0 (Route (Route 366,Tax Parcel No's- foot building and drive- 63-1-2.2, 63-1-12, 63-1-3.1, through on a 1.859± acre 63-1.3.3, 67,1-10 2 and parcel, additional proposed 67-1-10.6. Residence District parking spaces on tha east R-30. Connell University, side of the proposed Owner/Applicant; Kim Mar- building, propposed signs tinson, Agent landscaping, lighting, anr� 7:45 P Considerafion of outdoor seating area,ll Mated Preliminary and Final Site on Town of Itfioco Tax Parcel Plc, Approval and a Rec- No.62-2-1.22, Business"C" ommendolion to the Zoning District. Cornell University, Board of Appeals re ording Owner, Rowe Restaurants, Speck)Approval far the pro. Applieantf Agent, used conversion of a single. Said Planning Board will of amity residence into the new said times andsaid place Montessori Middle School, hear all persons in support of consisting of 3,044± square such matters or objections feet,located at 122 East King thereto. Persons may appear Rood on Town of Ithaca Tax by agent or in person. Parcel N . 43-1-3.6, Resi. Individuals with visuol impair- dence District R-15. Also ments, hearing impairments consideration of a rec. or other special needs, will ommendation to the Zoning be provided with assistance Board of Appeals req arch, g as necessary, upon request. a sign variances. Elizabeth Persons desiring assistance Anne Clune Montessori must make such a request not School, Owner/Applicant; less than 48 hours prior to the Peter Demjanec, Agent, lime of the}�ublc hearings. Jonathan Kanter, AICP4 Director of Planning 273-1747 April 28, 1999 TOWN OF ITHACA AFFADAVIT OF POSTING AND PUBLICATION I, Sandy Polce being duly sworn, depose and say that I am a Secretary for the Town of Ithaca, Tompkins County, New York; that the fallowing Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Tompkins County Human Services Building, First Floor Conference Room, 320 West State Street, Ithaca New York,on Tuesday, May 4, 1999 commencing at 7:30 P.M., as per attached. Location of Sign Board used for Posting: Bulletin Board, Front& Entrance of Town Hall. Date of Posting : April 26, 1999 Date of Publication: April 28, 1999 'Janes n gc.s-• Sandy Poke, Secretary Town of Ithaca. STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 26th day of April 1999. tary Pub 'c Mary d. Saxton filename: p&paf Notary public, State of New York Registration #0ISA55t�J9 3 Qualified in Ttoga My Commission Expires