HomeMy WebLinkAboutPB Minutes 1999-05-18r
F
May 18, 1999
lil
FILED
TOWN 01; iT14ACA
Date 1011yIn
..
The Town of Ithaca Planning Board met in regular. session on Tuesday, May 18, 1999, in
Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m.
PRESENT: Fred Wilcox, Chairperson; George Conneman, Board Member; Robert Kenerson, Board
Member; James Ainslie, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board
Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town (8:11 p.m.); Dan
Walker, Director of Engineering (8:25 p.m.); George Frantz, Assistant Town Planner.
EXCUSED: Eva Hoffmann, Board Member.
ALSO PRESENT: Frank Santelli, TG Miller; Beverly L'ivesay, 147 Snyder Hill Road; Martha
Robertson, 1655 Ellis Hollow Road; Oskar, Robin and Ellen Schmidt, 8 Genung Circle; Faith Chase,
106 Comfort Road; Elizabeth Harness, WHCU; Susan Shefter, 145 Pine Tree Road; Edith Cassel,
152 Pine Tree Road; Peggy Waltridge, 123 Hunt Hill Road; Stephen Gibian, 1379 Coddington Road;
Lucia Armstrong, 121 Honness Lane; Jim Semp, Waldorf School; Thomas Nicholson, Waldorf
School; Kathryn Wolf, Trowbridge and Wolf; Joni Carroll, Cornell University; James Aist, 414 Snyder
Hill Road; Rev. John Sotero, 520 W Seneca St; Gene Rotunda, Barden; Jack Young, 410
Triphammer Road; Ruth Mahr, 103 Judd Falls Road; Lauren Bishop, Ithaca Journal; Muriel Brink,
206 Tudor Road; Tammi Aiken, TG Miller; John Murray, 95 Brown Road; "Doug Clearo, 95 Brown
Road; Bill Seldin, 120 Northview Road; Larry Turchin, Traffic Solutions; Dave Herrick, TG Miller;
Hollis Erb, 118 Snyder Hill Road; Robin Seeley, 332 Hurd Road; Gordon Rowland, 1166 Ellis Hollow
Road; Gregg Bell, 13 Penny Lane.
Chairperson Wilcox declared the meeting duly opened at 7:34 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 May 10, 1999, and May 12, 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 May 12, 1999. (Affidavit of
Posting and Publication is hereto attached as Exhibit #1.)
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 opened this segment of the meeting at 7:35 p.m.
Robin Seeley, 332 Hurd Road, submitted her comments to the Planning Board. (See
Attachment #1)
►W
M
PLANNI vG
BOARD
PAGE 2
MAY 18
i s �a
APP
C'.i D-
�P�PO',f D
-APoP! vIID-
At.'GUST 1?. i9 ;U-
A� ir3f? .�%IfFD
-APPI Gt,i D "GPf'`r?OtIED
Ruth Mahr, 103 Judd Falls Road, stated she did inquire about what was acceptable under
"PERSONS TO BE HEARD ". She was told that anything that is not a public hearing could be spoken
to.
Chairperson Wilcox stated the public hearing on the Burger King Preliminary Site Plan
Approval has been closed.
Ms. Mahr stated she would like to submit her comments to the board. (See Attachment #2)
Chairperson Wilcox closed this segment of the meeting at 7:36 p.m.
PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed First Assembly
of God Church, to consist of a ± 15,000 square foot church structure, including sanctuary,
offices and classrooms, and parking for up to 162 vehicles, to be located on the south side of
Bostwick approximately 1,000 feet west of Five Mile Drive /NYS 'Rte. f3A, on Town of Ithaca
Tax Parcel No. 31=4 -6.2, Residence District R -30. This is a scaled back version of a proposal
for which the First Assembly of God Church received Preliminary 'Site Plan Approval in
September 1994. First Assembly of God Church, Owner /Applicant; Tammi Aiken, T.G. Miller,
P.C., Engineers & Surveyors, Agent.
Tammi Aiken, T.G. Miller, stated they have obtained special approval, height variance, and a
variance to have parking in the front of the church from the Zoning Board'' of Appeals. There is a
revised grading plan to show extended parking. The landscape plan is revised to show the additional
parking. There are additional drawings showing the dimensions on the elevations.
Chairperson Wilcox stated there is the concern that the landscape plan will be completed.
Ms. Aiken stated the planting schedule has Phase I, II and III. These are consecutive years.
It will commence at the start of the project.
Chairperson Wilcox asked when Phase III will start.
Ms. Aiken responded it would begin the third year after the building construction has started.
Chairperson Wilcox opened the public hearing at 7:40 p.m., and 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 7:41 p.m.
MOTION by George Conneman, seconded by Lawrence Thayer.-
WHEREAS.
10 This action is the consideration of Final Site Plan Approval for the proposed First Assembly of
God Church, to consist of a +/= 15,000 square foot church structure, including sanctuary,
Y
PLANNING BOARD PAGE '3 MAY 181 1 =s �9
APF'r:C:.' D - APPROVED - APP OVER — AL GUST 17. 1 ?099 — APPROVED — APtr'POV E0 - APP'r'?011FD
offices and classrooms, and parking for up to 162 vehicles, to be located on the south side of
Bostwick Road approximately 1,000 feet west of Five Mile Drive /NYS Rte. 13A, on Town of
Ithaca Tax Parcel No. 314-6.2, Residence District R -30. First Assembly of God Church,
Owner /Applicant; Tammi Aiken, T.G. Miller, P.C., Engineers & Surveyors, Agent, and
2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in
environmental review with respect to Site Plan Approval, did, on April 20, 1999, make a
negative determination of environmental significance; and
3. This is an action for which the Planning Board, on April 20, 1999, did grant Preliminary Site
Plan Approval, with conditions; and
4. The Zoning Board of Appeals, on May 12, 1999, did grant Special Approval for the proposed
project, as well as a variance from Article V, Section 18 and Article Xlll, Section 69 of said
ordinance to allow a building height of 57' 6" (36 feet maximum height allowed) and to permit
the parking of vehicles within the front yard; and
5. The Planning Board, at a Public Hearing on May 18, 1999 has reviewed and accepted as
adequate a site plan submission prepared by T.G. Miller, P.C., Engineers and Surveyors
entitled "First Assembly of God, Bostwick Road," which includes drawings entitled "Site Plan,"
dated 311911999; "Grading and Drainage Plan," dated 311911999 and revised 4126199; a
"Landscape Plan" prepared by Cayuga Landscape Company, Inc., with a revision date of
4126199, elevation drawings of the proposed church, dated 218199 and revised 2122199, and
other application materials.
NOW, THEREFORE, BE IT RESOLVED:
14 That the Town of Ithaca Planning Board hereby waives certain requirements for Final Site
Plan Approval, as shown on the 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 Final Site Plan Approval for the proposed construction
of the proposed First Assembly of God Church, to consist of a +A 15, 000 square foot church
structure, including sanctuary, offices and classrooms, and parking for up to 162 vehicles, to
be located on the south side of Bostwick Road approximately 1,000 feet west of Five Mile
Drive /NYS Rte. 13A, on Town of Ithaca Tax Parcel No. 31 =4 -6.2, as shown in a site plan
submission prepared by T.G. Miller, P.C., Engineers`and Surveyors entitled "First Assembly of
God, Bostwick Road," which includes drawings entitled "Site Plan," dated 311911999; "Grading
and Drainage Plan," dated 311911999 and revised 4126199; a "Landscape Plan" prepared by
Cayuga Landscape Company, Inc., with a revision date of 4126199, elevation drawings of the
proposed church, dated 218199 and revised 2122199, and other application materials, subject to
the following conditions, to be met prior to the issuance of a building permit.
PLANNING BOARD PAGE 4 MAY 1841 Ingo
A PPFo C VED — APPROVED — A PPFde 0VED — A1_%GUST '17. 1999 — AFTRO E — A PPpf GVED - A PPP RGVEE)
a. submission of construction details of all proposed improvements and detailed sizing and
final material specifications of all improvements, including proposed water and sewer
line connections, prior to issuance of a building permit; and
b, submission of the record of application for and approval status of all necessary permits
from all relevant county, state and federal agencies; and
C, revision of the "Grading and Drainage Plan," to include the grading details for the
proposed drainage swale to be located west of the future 69 space parking area; and
d, submission of an original or Mylar copy of the final site plan to be retained by the Town
of Ithaca.
AYES - Wilcox, Thayer, Kenerson, Conneman, Ainslie, Mitrano.
NAYS - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: SEAR Determination, Young Subdivision, Bostwick Road and Seven Mile
Drive.
Chairperson Wilcox opened this segment of the meeting at 7:43 p.m.
John Young, 410 Triphammer Road, stated he and his brother have a 20 -acre parcel at the
corner of Seven Mile Drive and Bostwick Road. A gentleman who wanted to buy a portion of the
parcel approached them. They needed to do a 3 -lot subdivision in order to give the gentleman the lot
he wanted. The larger parcel will remain agricultural. The parcel the gentleman will receive is 3.5
acres. This will leave 3 acres on Seven Mile Drive.
Board Member Kenerson asked if the board previously approved a 9 -lot subdivision.
Mr. Kanter stated the lots would have been individual frontage lots. It was not given Final
Subdivision approval.
Board Member Kenerson asked if the creek was free flowing most of the year.
Mr. Young stated it is dry during the summer. It is not a very big creek.
MOTION by Lawrence Thayer, seconded by James Ainslie:
WHEREAS.
10 This action is consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of a 20 +1- acre parcel into three lots, 13.49 + 1= acres, 3.5 +1- acres, and 3.05 + 1-
r
y
PLANNING
ING
BOARD
PA GE
5
MAY 18A)
Ic,:gca
AP±P
C v'ED —
APPFIO`vED
—APP; C:'ED
—.AIJ UST 17.
11 U
- APPFiollyED
—APP; C;t %E£? -
AF'F'te?OIIE.j)
acres respectively. Said parcel is located at the
Drive, Town of Ithaca Tax Parcel No. 31 =5 -1.2,
Susan M. Barnett, James R. Young, and Julie R.
Agent; and
corner of Bostwick Road and Seven Mile
Residence District R -30. John F. Young,
Young, Owners /Applicants;. John F. Young,
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively
determined to act as Lead Agency in environmental review with respect to Subdivision
Approval, and
3. The Planning Board, on May 18, 1999, has reviewed and accepted as adequate a Short
Environmental Assessment Form Part I, submitted by the applicant, and a Part 11 prepared by
Town Planning staff, a plat entitled, "Lands of John F. Young, Susan M. Barnett, James R.
Young, and Julie R. Young- Bostwick Road and Seven Mile Drive- Town of Ithaca- Tompkins
County- New York, "prepared by Kenneth Baker, P.L.S., dated March 24, 1999, and other
application materials; and
4. The Town Planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
NOW THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of environmental
significance in accordance with the New York State Environmental Quality Review Act for the above
referenced action as proposed, and, therefore, neither a Full Environmental Assessment Form, nor
an Environmental Impact Statement will be required.
AYES - Wilcox, Thayer, Kenerson, Conneman, Ainslie, Mitrano.
NAYS - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: APPROVAL OF MINUTES — APRIL 6, 1999.
MOTION by Fred Wilcox, seconded by James Ainslie.
RESOLVED, that the Planning Board does hereby approve and adopt the April 6, 1999 as the
official minutes of the Town of Ithaca Planning Board for the said meeting as presented.
THERE being no further discussion, the Chair called for a vote.
AYES: Wilcox, Conneman, Kenerson, Ainslie, Mitrano, Thayer.
NA YS: NONE
�l
PLANNING BOARD PAGE 6 MAY 1333
AFJP C:tiED- AF'ir3P7`v`ED -AroP C:ti D- AL%GUST17
The MOTION was declared to be carried unanimously.
AGENDA ITEM: APPROVAL OF MINUTES — APRIL 20, 1999.
MOTION by Robert Kenerson, seconded by George Conneman.
RESOLVED, that the Planning Board does hereby approve and adopt the April 20, 1999 as
the official minutes of the Town of Ithaca Planning Board for the said meeting as presented.
THERE being no further discussion, the Chair called for a vote.
AYES. Wilcox, Conneman, Kenerson, Ainslie, Mitrano, Thayer.
NAYS: NONE
The MOTION was declared to be carried unanimously.
PUBLIC NEARING: Consideration of Preliminary and Final Subdivision Approval for the
proposed subdivision of a 20 ± acre parcel into three lots, 13.49 ± acres, 3.5 ± acres, and 3.05
± acres respectively, located at the corner of Bostwick Road and Seven Mile Drive, Town of
Ithaca Tax Parcel No. 31 =5 -1.2, Residence District R -30, John F. Young, Susan M. Barnett,
James R. Young, and Julie R. Young, Owner/Applicantsmi John F. Young,, Agent.
Chairperson Wilcox opened the public hearing at 7:55 p.m., and 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 7:56 p.m.
Mr. Kanter stated the County is concerned with limited site distance looking west on Bostwick
Road. There is a crest and curve in the hill that does limit site distance to about 320 feet. It is about
the same length as the frontage. It is a difficult area.
Chairperson Wilcox stated the board is approving a subdivision. What makes this subdivision
different from other subdivisions?
Mr. Kanter stated in any 3 -lot subdivision the site distance would be looked at. If there were a
potential problem it would be looked at. There is intent for this lot to be a building lot.
Board Member Thayer asked if there is a specified minimum clearance required for a driveway
cut.
Mr. Kanter stated that there are standards based on the grade of the highway, the curve of the
road and the average speed traveled. There needs to be 450 to 500 feet clearance distance for this
s
PLANNING BOARD PAGE 7 MAY 18 1999
AF'PFdCVE7 —AF-MP 0'Vr D —AFjP 0liED- AUGUST?7. 7;?019- APPRO`,%ED —AP't OV D- '4PT- ?R011F.D
site. It is only 320 feet maximum. This is something that the County needs to look at. They probably
will not deny the curb cut.
Mr. Frantz stated 320 feet is between 65 and 70% of the recommended site distance.
Mr. Kanter stated they would not normally deny a curb cut permit on that basis. They may
require it in a certain location on the lot.
Mr. Young stated the current access road is the worst location along the frontage. As long as
the driveway is in a different location than it is now it will be an improvement. A homeowner does not
want a driveway that will put their life at risk.
Mr. Frantz stated that many times homeowners do not think of the problem.
MOTION by Robert Kenerson, seconded by Tracy Mitrano:
WHEREAS:
1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of a 20 +1= acre parcel into three lots, 13.49 + 1= acres, 3.5 +1- acres, and 3.05+
acres respectively. Said parcel is located at the corner of Bostwick Road and Seven Mile
Drive, Town of Ithaca Tax Parcel No. 31- 5 -1.2, Residence District R -30. John F. Young,
Susan M. Barnett, James R. Young, and Julie R. Young, Owners /Applicants; John F. Young,
Agent; and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency
in environmental review with respect to Subdivision Approval, has, on May 18, 1999, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a
Part ll prepared by Town Planning staff; and
3. The Planning Board, at a Public Hearing held on May 18, 1999, has reviewed and accepted
as adequate, a plat entitled, "Lands of John F. Young, Susan M. Barnett, James R. Young,
and Julie R. Young- Bostwick Road and Seven Mile Drive- Town of Ithaca- Tompkins County -
New York, " prepared by Kenneth Baker, P.L.S., dated March 24, 1999, 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 Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist,
having determined from the materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control nor the policies enunciated or
implied by the Town Board; and
r
PLANNING vG BCARD PAGAE 8 MAY 1st
APP Ct1ED - APrORk?4%ED - APPRO'viED -AUGUST 17. 1 .0'39 -Af ir7Pio,%EC -APP C'.:ED _ APPt t'`?GEIFj!
2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Subdivision
Approval for the proposed subdivision of 20 +1- acres from Town of Ithaca Tax Parcel No. 31-
5-1.2, as shown on the plat entitled, "Lands of John F. Young, Susan M. Barnett, James R.
Young, and Julie R. Young- Bostwick Road and Seven Mile Drive- Town of Ithaca- Tompkins
County- New York, "prepared by Kenneth Baker, P.L.S., dated March 24, 1999, subject to the
following conditions:
a. Approval by the Tompkins County Health Department of onsite sewage disposal
facilities and public or private water systems for lots which will not be served by public
sewer or water, prior to the issuance of a building permit on those lots; and
b. Prior to the issuance of building permit, the implementation of Stormwater management
and erosion control plans, conforming to NYS guidelines for reducing the impacts of
Stormwater runoff in new development, be prepared by the applicant and approved by
the Town Engineer; and
C, submission for signing by the Chairman of the Planning Board of an original or Mylar
copy of the plat and three dark -lined prints, prior to filing with the Tompkins County
Clerk's Office; and
d, evidence that curb -cut approval has been obtained from Tompkins County be provided
to the Director of Planning prior to the issuance of any building permit for Parcel B.
AYES - Wilcox, Thayer, Kenerson, Conneman, Ainslie, Mitrano.
NAYS - None.
The MOTION was declared to be carried unanimously.
The Planning Board adjourned from 8 :08 p.m. until 8 :15 p.m. to review materials that had
been submitted to the board.
AGENDA ITEM: Continuation of 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 f 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.
Chairperson Wilcox opened this segment of the meeting at 8:15 p.m.
PLANNING BOARD PAGE u MAY 18, 11991
F Pf GIVEL? - 6PrPF`,+`L^. - r1I'F'r C;t %D -AI_ %:1ST 77 Ig? - Af'PFrJ %rte -t'F7 C;.:PF'r`0�1F
Chairperson Wilcox stated as part of Preliminary Site Plan approval and recommendation to
the Zoning Board of Appeals, the resolution contains a list of various determinations the board must
make. They are detailed in the Zoning Ordinance under sections 77 and 78. They are also shown in
the memo of April 29, from Christine Balestra. Chairperson Wilcox stated he would like to look at the
11 issues that the Planning Board has to consider in approving Preliminary Site Plan Approval. The
Zoning Ordinance states the Zoning Board of Appeals and Planning Board shall hear and decide all
matters referred to and upon which is required to pass by the terms of this ordinance. In deciding
such matters referred to it in granting special approval, the Board of Appeals and the Planning Board
shall determine that. 1. The health, safety, morals, and general welfare of the community in
harmony with the general purpose of this ordinance shall be promoted.
Board Member Mitrano asked how is community defined.
Chairperson Wilcox asked if the word community is defined in the Zoning Ordinance.
Attorney Barney responded no.
Chairperson Wilcox stated it is up to each individual to make that determination.
Board Member Mitrano stated a nutritionist might be concerned about the health. Animal
rights activist might be concerned about the morals. She feels the safety and general welfare is a
concern. There are concerns about traffic safety. There is concern for the general welfare of the
community as to whether this is appropriate for the neighborhood.
Chairperson Wilcox stated he is concerned about safety in and around the East Hill Shopping
Plaza, 2. The premises are reasonably adapted to the proposed use and that such use will fill a
neighborhood or community need. 3. The proposed use, location and design of any structure shall
be consistent with the character of the district in which it is located. 4. The proposed use shall not
be detrimental to the general indemnity or neighborhood character in amount sufficient to devalue
neighborhood property or seriously inconvenience neighboring habitants. 5. The proposed access
and egress for all structures and uses shall be safely designed. 6. The general affect of the
proposed use upon the community as a whole including such items as traffic load upon public
streets, load upon water and sewage systems is not detrimental to health, safety and general welfare
of the community. 7. Lot areas, access, parking and loading facilities are sufficient for the proposed
use. 8. Natural surface water, drainage ways are not adversely affected. Under section 78 the
following conditions need to be considered: Planning Board Recommendations. In making
recommendations to the Town Board and Zoning Board of Appeals the Planning Board shall
determine that; 1. There is a need for the proposed use in the proposed location. 2. The existing
and probable future character of the neighborhood in which the use is to be located will not be
adversely affected. 3. The proposed change or use is in accordance with the Comprehensive Plan
in the development of the Town.
Chairperson Wilcox stated if a majority of this board finds that they cannot vote for a resolution
and agree to all the conditions, it is a waste of the board's time to deal with site plan issues. If the
Vi
PLANNING BOARD PAGE tv MAY 13. 1999
Af F' Ct�Ef? - ,4f%r'�F�,ir� -A!"F� C! %EL� — Af_ %G;1ST '17. 1999 �Af'rc�`,%t�r� — it"�J'•C;v�iAF3F'OEfD
majority of the board is comfortable with all the conditions, then it makes sense to deal with site plan
issues.
Board Member Mitrano stated she would not be comfortable voting for the project with these
conditions.
Chairperson Wilcox stated he is concerned this could be a litigious issue. It is important that
the board members state their views.
Board Member Mitrano asked Attorney Barney how concerned he is about this becoming a
litigious issue.
Attorney Barney stated that there is a chance of this becoming a litigious issue on either side.
He would be comfortable defending either action. The decision has to be based on findings that are
based upon the provided information.
Board Member Ainslie asked if the drainage situation is adequate for the buildings at East Hill
Plaza and for a proposed Burger King,
Daniel Walker, Town Engineer, responded yes. The proposal that the applicant has put
forward will not increase the existing drainage problems. They are safely handling the water quality
issues with the ditch around the buildings. They are meeting all standards in the drainage design.
There is nothing in the drainage design that they are not doing correctly. The drainage problem in
the area will continue to exist whether or not Burger King or any other building is built on that lot until
the County corrects a drainage problem. The County created the problem when they redesigned
Pine Tree Road,
Board Member Ainslie asked when the problem would be addressed.
Mr. Walker stated the problem is short-term. The basic drainage problem is a County road is
flooded by a County structure. There are ways to correct the problem. This site plan does not make
the problem worse. It will aid in some ways because there will be additional storage provided by the.
plans that the applicant has put forward.
Board Member Ainslie asked if Cornell University would be responsible for the removal of
snow at East Hill Plaza.
Bill Seldin, 120 Northview Road, stated Cornell University is responsible and they will truck the
snow off site.
Board Member Mitrano stated she is concerned about the character of the neighborhood. She
has secondary concerns about traffic. She is concerned about the detrimental impact on property
values.
PLANNING BOARD PAGE 1'1 MAY 13, 19919
AP¢' G.%EL? - AF'rOPO'llE D -APPr C:»D - ALt'GUST .1T. 19 :? - APr0iF,O °,iED -APP C.%ED - APr- yi`?GE1FCf
Chairperson Wilcox stated he feels the County is unlikely to take any swift action to correct the
drainage problem under Pine Tree Road. If they were to correct it, it would be a public
acknowledgment it was done wrong.
Board Member Thayer stated the point is that this project is not going to add to that problem.
Board Member Ainslie stated that if the number of people who are petitioning Burger King had
the same concern about the water problem they would get some action.
Board Member Conneman stated that he is concerned about the exit to and from the plaza.
He asked the applicant to show the board how traffic would come in and out of the plaza safely.
David Herrick, T.G. Miller, stated he is referring to drawing C01.
they do not have access onto public streets. People that are using the
patronize businesses within the plaza. A left -hand turn lane can access
continue to go around on the right. Some one can also go up to the stop
route to the Burger King entrance. The landscape islands will be discuss
in directing traffic along the outside of the parking spaces. There
movements that need to be made.
It is important to note that
plaza entrance are there to
Burger King while traffic will
sign turn left along the outer
ed. The islands will help aid
are no significant turning
Board Member Thayer stated he is concerned about the width of the driving lane it the parking
lot. Will there be lines that direct vehicles.
Mr. Herrick stated that as part of the landscape improvements, the parking lot would be re=
stripped.
Board Member Thayer stated it is odd to have a main entrance off a parking lot.
Mr. Herrick stated the focus was to keep it off Ellis Hollow Road,
Larry Turchin, Traffic Solutions, stated a second access off a parking lot. is a common practice.
People will travel in the same travel patterns that they have for years.
Board Member Mitrano asked why Mr. Rowe wants a restaurant there.
Mr. Turchin responded that there would be some people that will desire to go there.
Board Member Mitrano stated the traffic would increase.
Bob Rowe, Rowe Restaurants, stated they based their decision on current traffic counts. They
do not figure in extra traffic counts. They look at demographics, population, and the existing traffic
counts.
PLANNING BOARD PAGE 1 � MAY 13. 19919
APP G:'ED - APPRG6/ED -APPr C �icO - AU.�.-iUST 17. 79 4? - APPPG4%ED -APB' C:IED - .�PPF i'`?GIIECi
Board Member Kenerson stated he finds the opposition is emotional and not factual. The
Town has Zoning Ordinances and the board needs to go on the facts. There has been a well thought
out, factual presentation. The project needs to be judged on the basis of the facts and compliance
with the Zoning Ordinance. He does not have a problem saying that this project is as good as other
projects in the East Hill Plaza, neighborhood and Town.
Board Member Mitrano stated the facts are to be interpreted. It is a fact that a Burger King in
the area will change the character of the neighborhood.
Board Member Kenerson stated that anything would change the character of a neighborhood.
The board needs to face the job that they are given. The board cannot guess or assume that
someone does not like something. It is not documentable.
Board Member Mitrano asked Board Member Kenerson if he thought it would affect property
values.
Board Member Kenerson stated that anything would affect property values. Not doing
anything will affect property values.
Board Member Mitrano stated that one of the requirements is not to create detrimental
economic change to the neighborhood.
Board Member Conneman asked how Burger King would affect property values.
Board Member Mitrano stated that it will change the character of the neighborhood in a way
that people will be less inclined to live in that neighborhood.
Board Member Conneman stated that people felt that more traffic would change the character
of the neighborhood. If you no longer have trucks or restaurants there will be less traffic.
Board Member Mitrano stated the reality is being ignored. This restaurant will affect the
quality of the neighborhood.
Board Member Thayer stated that an empty lot in the wintertime filled with banks of dirty snow
is detrimental to the neighborhood. This is going to be replaced with an attractive building.
Board Member Mitrano asked Board Member Thayer if he thought banks of dirty snow
affected property values.
Board Member Thayer stated it does not add to it. It detracts more than a vacant lot.
Mr. Seldin stated beauty is in the eye of the beholder. If the Plaza did not exist, then he would
agree. When the CFCU drive - through was approved, no one objected. There was no talk about
of
PLANNING BOARD FADE 13 MAY 13, 1999
APPt C.iED - APrOFIO9%F D -APPr G.II.=D —AI ,'GUST 1 T. 73.9 — Af'`r''RciVED — AFWI, 0'v ED _ AF3FYR0VF.D
traffic. He would like to hear how Burger King would affect the property values. They have focused
on traffic and drainage. The traffic counts were taken while the colleges were in session.
Board Member Mitrano stated that two wrongs do not make a right.
Board Member Ainslie stated this is zoned commercial. Pine Tree Road is not zoned
commercial. If a house on Pine Tree Road sold a house to McDonalds, is it impossible for them to
locate there.
Mr. Kanter stated that there is always a chance.
Board Member Ainslie stated the drive - through issue was brought up because of Burger King.
Nothing was said about CFCU. Drive - throughs are not the worse thing for a population getting older.
This is a commercial zone.
Mr. Kanter stated that the Town Board adopted the drive - through moratorium. They have set
a public hearing for the June meeting to consider an amendment to the nine -month moratorium. This
would extend the moratorium to include all commercial development over 7500 square feet. This is
the square footage in the Comprehensive Plan that describes neighborhood commercial. It talks
about establishing three commercial zones: neighborhood, community and lakefront commercials.
Mr. Seldin stated the Town Board looked favorably on passing the local law. Burger King has
an agreement in the lease with Cornell University that prohibits any fast food competition. The
applicant is not trying to create a monopoly.
Board Member Mitrano asked what is the notion that it is an emotional appeal. Whether it is
emotional or not, there are arguments to be weighed. The board has been given the charge of things
to look at. The area is zoned for this type of activity. Just because it is zoned to accommodate it
does not mean it meets the other qualifications. There are good and bad arguments on both sides.
Mr. Frantz stated that he understands the concerns that East Hill will look like Elmira Road.
People see this happening everywhere and they assume that the Town of Ithaca has the same
policies. The Town does not. The commercial zoning has been around key intersections as
opposed to sprawling along road frontage. The zoning on the south side of Ellis Hollow Road from
the city line to the Town of Dryden is residential, not commercial. To the east of Summer Hill
Apartments it is R -30. It is designated to be rezoned agricultural. This is going in the opposite
direction of commercial. The Town is moving in the opposite direction than what many people fear
the Town is going.
Attorney Barney stated it is unreasonable to anticipate rezoning one way or another.
Mr. Kanter stated that Board Member Hoffmann mailed her comments to the board. Could the
applicant address the question for need of the project?
r
PLANNING BOARD PAGE 14 MA'' .1 3. 1 �gf?
APP137 CVED - APPROVE - A PPPf 0IVIE:7 — A1_%OUST 17. 7999 - APfPROVED - AFf d>RIG VED _ AP ' CVED
Mr. Seldin stated that from the start the applicant welcomed public comment. The applicant
knew the public would be well organized and not necessarily for the project. Petitions were
circulated for and against the project. A definition of the word need has to be established. Burger
King fulfills a need for some people and not for others. The Zoning Ordinance criterion is what the
Planning Board has to base their decision on. The board should not have to operate under the
threat of litigation. The applicant has never suggested litigation. The applicant has demonstrated a
need. It is in the petitions.
Attorney Barney stated that there has never been a threat by either side on this controversy.
As a lawyer, the ultimate test is that if you are right as a lawyer a judge will confirm it. There is a
basis for either point of view.
Mr. Seldin stated that there is no other fast food restaurant in the Town of Ithaca. That
constitutes a need.
Board Member Mitrano stated there may be a reason that there are not drive - through fast food
restaurants in the Town of Ithaca.
Chairperson Wilcox stated one of the things that has bothered him is the existing and probable
future character of the neighborhood. If you drive through the United States, where there is one fast
food restaurant there is another. The cause and effect bothers him. Is it the zoning that encourages
one after another or is it something else. Chairperson. Wilcox stated he contacted the County
Planning Department and the New York State Planning Federation. He asked that they research
professional articles or papers on the domino affect. They could not find anything. He stated he
does not know whether one brings another or if zoning causes this to occur.
Chairperson Wilcox stated that he has serious safety concerns. He is concerned about traffic
levels on the portion of Pine Tree Road and above the crest of the hill. The section is narrow with
houses close to the road. He is also concerned about the Pine Tree Road, Judd Falls Road, and
Route 366 intersection. Burger King will attract a significant amount of traffic during the lunch hour
from Cornell University and Cayuga Heights through that intersection. Chairperson Wilcox stated his
primary concern is the cars coming through the Citgo station. A number of cars are cutting through
the gas station. With the addition of a Burger King with an entrance off the East Hill Plaza parking
lot, there will be increased traffic in the parking lot. As a result more people will be cutting through
the Citgo station. A mitigation measure has been proposed to deal with that. It is not sufficient. The
only sufficient means of dealing with the safety issue is eliminating the entrance into the parking lot.
Mr. Seldin stated the applicant has gone through a lot of effort to explore the very things the
board is concerned about.
Mr. Turchin stated the traffic study is based on the existing volumes of traffic coming into the
area. These cars were counted between November and December 1998. These numbers also
included the counts from the CFCU study. Morning, mid -day, evening and Saturday traffic is
included. The worse scenario conditions were taken. The number of cars for East Hill Plaza and
PLANNING BOARD PAGE 15 MAY 13, 1999
AF'P C.': %ELF — AFPrOFIO fED — A[-NPr C•!l"ED —AI %f, UST 7. 7999 — ,4PPFic`. `r`ED —APiP C.%EL? - A Piri F?CIIF.D
both driveways added up to percentages of cars coming into the area. Based on these percentages,
the number of cars coming to and from Burger King is anticipated.
There is confusion between what a trip generation book is and a traffic impact study. The trip
generation books are strictly related to analyzing what we can expect to come from a proposed
development. The trip generation books cover hundreds of different developments. These are
based on existing traffic studies. To conduct a traffic impact study is a different technology. It uses
the trip generation data, but it is a different technology. It gets into distribution counts and how they
are analyzed. Based on the counts, not many cars were going down the CFCU access drive. There
is a great existing volume on the road. When compared to what is coming from the south, the
numbers are higher to the north. The higher quantity of cars was distributed to the north. Cars go
south towards Snyder Hill Road in a lesser volume.
Chairperson Wilcox asked why that logically makes sense.
Mr. Turchin stated if there are 500 cars coming from the north, 20 coming from the south, 50
cars are being generated from Burger King, it is anticipated that the large volume of cars is coming
from the north. When the new traffic is distributed, it is based on the fact that there are only 20 cars
to the south. Most of the cars are coming from the north.
Chairperson Wilcox stated his concern is that there may already be too much traffic in that
portion of the road. What does that mean? Is there too much traffic during the morning rush or too
much traffic in the evening rush? There is a lot of traffic for a road that was not meant to carry that
much traffic. He is concerned that there is too much traffic already. He does not want any traffic
added.
Mr. Turchin stated he did not assess traffic going through the section of Pine Tree Road. The
main intersection will have more cars. The only thing to do is to have the State address the problem.
Chairperson Wilcox stated this is different from the drainage. The drainage is an acknowledge
problem and the proposal will not make it worse. The applicant did not cause the problem and they
are not making it worse. The traffic problem at that intersection is outside the applicants control, but
they are making it worse by the increased traffic that will be generated. Cars cutting through the
Citgo station also needs to be addressed.
Mr. Herrick stated if there was not a connection between the Plaza and the gas station the
ability to move from one use to another would have to be done on Public Streets. Traffic would be
added to the streets. The connection keeps people within the plaza. It eliminates people from
making movements on a higher speed road. The fact that it is there is a benefit to the safety of the
plaza. The entrance to the Plaza from the Citgo station will be reduced down to 30 feet from 60 feet.
It is a negotiable intersection between two driveways. They are also adding landscape islands that
will formalize traffic within the Plaza. People will have to negotiate an island. They are not going to
be able to drive over it to get to the gas station. They are not going to sever that connection. It
PLANNING BOARD PAGE 16 �M'�AY 1s. 1999
AFFP 0VED - APIPR 0 VED - ArdPr=?0 V D - AL'G UST 17. 79%9 - APIOR0`' Erg - A PPI 1 0 v ED - .fit PF R 0 1 ED
keeps people off the public roads. They are looking to making people think about what they are
doing.
Chairperson Wilcox stated that if a car enters the gas station first to purchase gas and then
would like to go to the plaza, then it would be best to have the driveway exist. The problem is the
cars leaving the parking lot and cutting through the Citgo station to the intersection. The proposed
landscape islands will help. He does not believe it will solve the existing problem. It is a dangerous
problem. There is great potential for danger.
Board Member Ainslie stated that Burger King will be bringing in a lot of traffic at noontime
from Cornell University. There is an unknown of how much traffic will be generated by Burger King,
Board Member Conneman asked if there is a innovative solution to the traffic problem.
Mr. Herrick stated he does not know that there is an accident situation at this location. They
are discussing a perceived safety issue. The State looks at the number of accidents. This is being
addressed by making people pay attention to their driving habits. The only way to eliminate the
problem is to eliminate the access between the parking lot and the gas station. Is there a concern
that more people will be cutting through the gas station? Is it the existing condition that the board
wants dealt with?
Chairperson Wilcox stated it is an existing problem, 0 It is not Burger King's fault that the
problem exists. The addition of the Burger King and its entrance off East Hill Plaza will contribute to
more traffic cutting through the parking lot.
Mr. Herrick stated that the people using the drive - through are looking at an exit that is
immediately in front of them onto Ellis Hollow Road. They are not likely to go back into the plaza and
cut through the gas station to leave the site.
Chairperson Wilcox stated he feels that the traffic will cut through the gas station.
Mr. Walker, stated the Town has had a problem with the intersection from the gas station into
the plaza for a long time. The problem used to be much worse. The gas station driveway that comes
off Ellis Hollow Road now used to look like an extension of Pine Tree Road before the County
relocated the intersection. Part of that has been corrected and the intersection is much safer. When
the gas station came in for site plan revisions, the pass through problem was addressed. The gas
station came in about the same time the plaza was trying to improve the parking lots. They were
going to put in a continuous island in to create a ring road. The islands were never installed. Then it
was keyed to the P &C expansion. A psychological block needs to be used to stop people from
driving through. They do think it is easier to cut through the parking lot. The best way to control the
traffic is putting a median between every row of parking. This cannot be done in the northeast
because of snow. If a median were to cover three bays of the parking lot between the entrance to
the gas station, people would have to make 2 or 3 turning movements to get out. It would discourage
them from doing. A lot of the resistance has been from Cornell University's management of the plaza
to not want to limit the plaza. It is a lot better than it used to be.
PLANNING BOARD PAGE 17 MAY 118, 1999
APPr CVED — Af rPROVED —APP C: V D — AUGUST 17. 1999 — Af'`PRc`aVED — APF3i %C. %wD - Af�E`RO11 Ej l
Board Member Conneman stated that if Cornell University allowed change in the pattern it
would solve some of the problem.
Mr. Walker stated that the Planning Board has asked that the changes be made and it has not
been done. It is a condition of approval.
Board Member Thayer stated it needs to be met before Final Site Plan Approval.
Mr. Kanter stated that it needs to be completed prior to issuance of a Certificate of Occupancy
for the Burger King Restaurant,
Mr. Walker stated the applicant needs to provide the Town with a plan before the Final
Approval. In order for P &C to get their Certificate of Occupancy for their addition, the basic
landscape plan would need to be put in.
Chairperson Wilcox stated that there are people waiting from the Waldorf School. The board
does not know how much longer they are going to spend on Burger King. If you wait, the board will
get to you when Burger King is finished. If you feel that you do not want to wait, it can be
rescheduled.
Mr. Frantz stated in general the domino affect of fast food restaurants and chain stores is pre=
determinant. One is if the local economy can support more than one. The second is the existing
traffic volumes. The intersection at East Hill Plaza is one of the busiest intersections there are. The
third factor is a community decision to zone to accommodate more commercial development than
they need. The amount of traffic that Burger King is going to generate on Pine Tree Road is small
compared to the other streets in the vicinity. This is because the market for Burger King is to the
north and west. There are not a lot of people living in the southeastern corner of Tompkins County.
Rezoning the South Hill Conservation district will have a positive affect on traffic on Pine Tree Road.
One of Pine Tree Road's major future problems is South Hill. If the Town hinders the potential
residential development on South Hill this will help Pine Tree Road.
Board Member Mitrano asked in what way will it help.
Mr. Frantz stated the fewer homes that are built on South Hill, the fewer cars that are going to
be traveling Burns Road and Pine Tree Road. The average suburban home in America generates 10
vehicular trips a day.
Mr. Kanter stated that there is a specific project that the State Department of Transportation is
doing for the Route 366 /Pine Tree Road intersection. It is listed in the Ithaca Tompkins County
Transportation Council Transportation Improvement Program. It was scheduled as a year 2000
project. There are funds for the project. The Town has been working with the State on the design
study. They have produced a final project proposal. This project will widen the bridge and add
turning lanes. It will address the operational deficiencies of the intersection. One of the primary
design objectives is to recognize the existing problem with the intersection. The second alternative is
PLANNING BOARD PAGE 18 MAY is, 1999
APP CVED - ,4PIPRO`VED --APP OVED -AUGUST 17. 199.9 - AF11PROVED - -APPI 0VED - AF>F"ROVED
replacing the bridge and realigning the intersection. The project would cost $1.75 million dollars.
The Town Board sent a letter to the State stating that they would prefer the realignment option. It
would allow the installation of a traffic light. The State indicated if they only re -build the bridge, they
would not put a traffic signal there.
Chairperson Wilcox asked the board if they felt that the applicant has met all the special
approval conditions.
Board Member Thayer stated he feels that the applicants have met all the conditions.
Board Member Kenerson stated that he is comfortable that the applicants have met the
conditions.
Board Member Ainslie stated that he is uncomfortable with traffic coming from outside of the
plaza. No one knows how much traffic will be generated from Cornell University,
Board Member Thayer stated that there are traffic problems now and they are not going to get
better. The problems will be addressed to satisfy the situation.
Board Member Conneman stated that he is uncomfortable with the safety issue within the
plaza. He would feel comfortable if the issue can be addressed.
Chairperson Wilcox asked if he felt it could be mitigated in Site Plan Review.
Board Member Conneman responded that he could be comfortable if it is mitigated in Site
Plan Review,
Board Member Mitrano stated that she feels the applicants have not met all the conditions.
Board Member Ainslie stated the board has not made Cornell University do the various things
they were to do on this property.
Attorney Barney stated if Preliminary Site Plan approval is granted, there is not going to be a
Certificate of Occupancy issued until all requirements have been met. The proposed resolution has
conditions to deal with the issues. Whatever decision the board makes, it has to made upon
substantial evidence that goes before the board. There has been a traffic study completed. The
traffic study has indicated what the situation will be. One can draw two different conclusions. One
that the roads are over loaded. This would be a basis for denial. The other conclusion is that the
incremental traffic being added is not going to change it significantly.
Board Member Mitrano stated the applicant stated that what they studied is what is present.
Mr. Kanter stated Mr. Turchin based some of the modeling for the determination of distribution
on existing traffic counts and patterns. The traffic study includes many projections based on
PLANNING BOARD FAGGE 1v I's-MA'V %3. 1999
A P PP C VED - AP110Rc` VED —Ar'P T ii G ED - AI)GUS"T .IT, 15 9 - Af'`r0ROV ELE) —APP P CAVED - AP PIR01/F.D
anticipated traffic generation from Burger King, and CFCU., After those projections it distributes the
traffic. How accurate they are is unknown. The traffic study was adequately done.
Attorney Barney stated there is universal overturning of a decision of a board made upon
speculation. Where they have not been overturned is when there is some substantial evidence of
what the traffic will be.
Board Member Ainslie stated that he wished Cornell University had not leased the property. It
would have solved many problems. He does not understand why Burger King would devalue
property. I am comfortable with the applicant's mitigation measures.
Chairperson Wilcox stated that Board Member Hoffmann has submitted her suggestions for
site plan review. Board Member Hoffmann would like more landscaping along Ellis Hollow Road and
the entranceway to the plaza. ...
Mr. Kanter stated she was also concerned about some of the existing trees on the site that
would be lost in the development. The trees would have to be removed due to the regrading of the
site.
Chairperson Wilcox stated Board Member Hoffmann is also concerned about pedestrian
access between East Hill Plaza and the Burger King Site. 'She feels that the color scheme does not
blend with the Citgo and East Hill Plaza. She suggests that snow removal be added into the
resolution. There needs to be proof that the snow removal will be dealt with. Will the utilities be
underground?
Mr. Herrick responded yes.
Chairperson Wilcox asked what will be done with the existing telephone poles.
Mr. Rowe stated he is waiting for NYSEG to call him back. He has proposed to have all
utilities underground.
Chairperson Wilcox stated Board Member Hoffmann is also concerned about on site lighting.
Mr. Herrick stated the lighting fixtures will be similar to the ones in the plaza. The lights are
high - pressure sodium with the same illumination as the plaza. The poles are similar in color and
shape. The poles are not as tall as the East Hill entrance drive or the Trust Company. This site has
fewer lights than the Trust Company has. They are using 400 -watt' high - pressure sodium fixtures.
They submitted plans to show where the light spillage is Limited. The lighting fixtures are the shoe
box style. The illumination is appropriate to make the site safe. Security lights are mounted on the
building.
Chairperson Wilcox asked what the three requirements of lighting are.
PLANNING BOARD PAGE 210 MA 18.1999
.+APP GVED - APPRO'V LD - APP O V D - AUGMUST 17. 1999 - APP+ OVED - APiP OVER - Af') t-?0VEC 1
Mr. Frantz stated that there is no upward spillage into the atmosphere, no glare off the site,
and no spillage off the site.
Mr. Rowe stated that he has pictures of lighting for the board to see. The filaments do not
hang down. The glare is contained on site.
Mr. Herrick stated the site lights will be off at 11:00 p.m., excluding the security lights.
Chairperson Wilcox stated the illumination of the roof concerns him. The issue is whether the
illumination is appropriate and if it is consistent with the Zoning Ordinance,
Mr. Kanter stated that it might be interpreted as a string of lights that are not part of a sign.
Chairperson Wilcox stated as a condition the lighting can be removed.
Attorney Barney stated the lighting would require a variance.
Chairperson Wilcox stated he did not agree with the lighting outlining the roof. The board can
remove it from the resolution, or the board could recommend that the Zoning Board of Appeals not
grant a variance for it.
Attorney Barney stated the Planning Board is the sign review board.
Mr. Kanter stated the board could allow the red band', around the roof without the lighting.
Mr. Seldin asked if it would be allowed if the lighting was not shining on the red band.
Attorney Barney stated the lighting is designed to outline the building.
Mr. Seldin stated that the applicant would like some direction on the 25% rule.
Mr. Herrick stated that the height allowed under the sign law is 20 feet for the ID sign. Mr.
Rowe is asking for 25 feet. He is complying with the square footage of the sign. He is asking for an
additional five feet in height. Mr. Rowe will also need a variance because the applicant would like the
ID sign to be located in the rear yard of the property.
Board Member Mitrano asked if Mr. Rowe wanted the sign higher because of the location.
Mr. Herrick responded yes. The sign could be in the front yard and would not need a variance
for the five feet.
Chairperson Wilcox stated that the Planning Board makes a recommendation to the Zoning
Board of Appeals as the sign review board.
PLANNING HOARD PAGE `?1 MAN 13, 1999
APP C IlS=D - AFJfOFfO'vfED - APP Ckvi D - Af_%GUST ; 7. 1 1.3'.9 -- APPFfO` fE^ - Al PP C;IvIE ? - ;APP- 1'`?Ct1F0
Mr. Rowe stated that they evaluated what signage they felt they needed on the site. From
Judd Falls Road they felt they needed to get as much height as possible to get visibility.
Mr. Kanter stated that under the sign law the Planning Board does have discretional authority.
They can approve up to 25% of the dimension of the sign without the applicant going before the
Zoning Board of Appeals.
Chairperson Wilcox asked what the height of the Citgo sign is.
Mr. Kanter stated he does not know what the height is but they did receive a variance for the
sign. The sign law requires 6 -inch maximum height for individual letters on a canopy or marquee
sign. The proposal is for 19 -inch letters.
Mr. Rowe stated the sign law defines a canopy as an ornamental roof like. projection or
covering. The proposed sign is not a roof like projection or covering. The marquee sign is defined as
a permanent roof structure projecting from the building. The definition of a wall sign is a sign painted
or affixed on and parallel to the external wall of a building or structure.
Chairperson Wilcox asked what type of sign is it.
Attorney Barney stated that this situation came up during the Best Western site plan. It was
decided that it was a projecting sign.
Mr. Kanter stated a canopy sign does not need to be against the canopy to be considered a
canopy. It also looks like a marquee sign.
Attorney Barney stated it is not a wall sign because it is fixed on and parallel to the exterior
wall. A projecting sign is a sign that protrudes at an angle from a building or structure.
Mr. Rowe stated that the reason the sign is on the front of the building is because the ID sign
is at the rear of the site.
Attorney Barney asked what is the area of the sign.
Mr. Rowe stated it is 22 square feet.
Attorney Barney asked what is the linear footage of the front of the building.
Mr. Rowe stated it is 70 feet.
Attorney Barney stated that he recommends it be treated as a projecting sign with a variance
for 22 square feet. It will be consistent with what was done` with Best Western.
PLANNING BOARD PAGIE '?� MAY 13, 1��9
AF'P Cv'ED- Af`'t'FIO'JED -APP C•V"�=D- AI >GUST17 1999- APrPROVED -AFjP C'vE0- AFP-RGVFCj
Chairperson Wilcox stated a recommendation has been made that the colors be consistent
with East Hill Plaza,
Board Member Mitrano stated that Burger King has certain colors. They should not be
required to conform to P &C.
Mr. Kanter stated that the three trees need to be replaced.
Mr. Frantz stated that the City of Ithaca shade tree ordinance requires that if someone cuts
down a tree within the City's public right -of -way they must replace it with a number of trees that add
up to the caliper of the tree that is removed.
Mr. Herrick stated that additional trees have been proposed. Additional evergreens can be
added to the site plan so that there is year round screening.
Chairperson Wilcox closed this segment of the meeting at 10:53 p.m.
MOTION by Robert Kenerson, seconded by James S. Ainslie:
WHEREAS:
1. This is 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 existing Citgo Gas
Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said
proposal will include: a 2,820 + 1- square foot building and drive -thru on a 1.859 +1 - 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=
24.22, Business "C" District. Cornell University, Owner; Rowe Restaurants, Applicant/Agent;
and
2. The proposed Site Plan and Special Approval were originally considered Unlisted Actions
pursuant to the State Environmental Quality Review Act ( SEQRA), 6 NYCRR Part 617, and
Town of Ithaca Local Law No. 5 of the Year 1988, providing for environmental review of
actions in the Town of Ithaca. However, due to recent New York State Court decisions
regarding the SEQRA Type II Actions list, the Town of Ithaca Planning Board received
information on April 6, 1999, that caused the proposal in question to be classified as a Type
11 Action, thus requiring no further environmental review; and
3. The Planning Board, at a public hearing held on May 4, 1999, has reviewed and accepted as
adequate application materials presented by the applicant, including a Stormwater
Management Study (February 1999), a Traffic Impact Study (February 1999), and a Design
Review Application (April 6, 1999), and supplemental information provided by the applicant,
including lighting, sign, and building design details.
PLANNING BOARD PAGE 23 MAY 18. 1999
AriP OtQED - AFJtOFfO'"ET -APP C;t%EL7 - Al.'GJST 7T. !9)Q-API F01 ,+`ED -APP 0%vIED - AJ)Iri`70VED
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary
Site Plan Approval, as shown on the Preliminary Site Plan checklist, 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 Site Plan Approval for the proposed
construction of a Burger King restaurant and drive -thru at East Hill Plaza, to be located
between the existing Citgo Gas Station and the existing Tompkins County Trust Company on
Ellis Hollow Road, as shown in the submitted Design Review Application, subject to the
following conditions, to be met prior to Final Site Plan Approval unless otherwise noted:
a. the granting of Special Approval and any necessary sign variances from the Zoning
Board of Appeals; and
b, revision of the landscaping plan to show additional landscaping to be located between
the proposed walkway and the area proposed for future parking, facing Ellis Hollow
Road, as well as the area at the east edge of the parking lot, facing Tompkins County
Trust Company, and to show all existing trees over three inches in diameter, on the site
that will remain or be removed, as well as trees that would be provided to replace
significant trees that will be removed; and
ce the installation and /or improvements of traffic islands by Cornell University in the East
Hill Plaza parking lot as follows:
(1) revision of the layout plan (Sheet C01) and vicinity map ( Sheet GO 1) to reflect
the placement of an additional landscaped island to be located adjacent to the
East Hill Plaza entrance to Burger King, as well as additional landscaped island
curbing opposite the East Hill Citgo curb -cut at the parking lot;
(2) revision of the landscaping plan for the proposed East Hill Plaza Parking Lot
Improvements, Sheet C06, entitled "Landscaping Plan," dated July 3, 1996, to
include the additional landscaped islands referenced above to accommodate the
Burger King project, as well as incorporation of the modified, reduced curb -cut at
the East Hill Plaza parking lot shown on Sheets CO and GO 1;
(3) Said landscaped islands and improvements shall be completed prior to the
issuance of a Certificate of Occupancy for the Burger King Restaurant;
d, revision of the grading and drainage plan (Sheet CO2) to include the name and seal of
the registered land surveyor or engineer (s) who prepared the topographic survey and
the date of the survey, as noted on the Preliminary Site Plan Checklist; and
PLANNING BOARD PAGE 24 MAY 13, 1999
APB' 0VED - AFJPROVED - APPFd0VED - AL431iST 17. 1999 - A00R0 V ED - APPFi0VED - A F'F?R0VED
e. submission of details of wall - mounted lights, and all other exterior lights to be installed,
such lighting to be designed so that there is no upward spillage, no glare, and no
spillage off of the premises; and
f. revision of the design of the building to remove the strip lighting just below the roof line;
and
g1 receipt of any required sign variances including, if necessary, a variance to allow a 24
square foot projecting sign on the mansard roof facade on the front of the building, and
an increase in height of the freestanding sign to 25 feet, and its location in the rear of
the premises; and
h, revision of the plans to show all utilities to be installed underground; and
i. submission of evidence satisfactory to the Board indicating that snow removal will occur
in a manner that does not require stockpiling on the site.
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. The existing East Hill and Judd Falls Plazas
contain drive -thru banking facilities as well as numerous other types of businesses and
retail establishments; 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. The
Town of Ithaca has outlined in its Comprehensive Plan the need to "cluster" commercial
development in specific areas of the town, in an effort to discourage commercial strip
development. There are five commercial zones, two of which allow restaurants of any
sort (Business "C" and "E" zones). The proposed development of this site as a
commercial establishment is consistent with the commercial goals of the
Comprehensive Plan, which designates the project site as appropriate for
Commercial /General Business, zoned Business "C':
2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the
aforementioned request for Special Approval be granted.
AYES = Thayer, Ainslie, Kenerson, Conneman.
PLANNING BOARD PAGE 25 MAV 113, 1999
AFP G.%ED — APPFIO',JED —AF'P G:%jQ — Al�o'GUST 77. 7:4)9 -Af`'P Ff011y' D -APjP Dlv'ED - .cif "P= t¢?G41F.'f )
NAYS - Wilcox, Mitrano.
The MOTION was declared to be carried.
The board took a brief recess at 10:54 p.m. until 10:59 p.m.
AGENDA ITEM: Consideration of a Sketch Plan for a proposal by the Waldorf School to
construct a 25 -space parking lot. The proposed project will involve filling approximately 0.25
acres of Fleming Meadow, a Department of Environmental Conservation (DEC) regulated
wetland. The applicant has applied to DEC for a wetland fill permit. Because the project
involves the expansion of an existing educational facility by less than 10,000 sq. ft., the
project is considered a Type II action and is not subject to State Environmental Quality
Review. The project site is located at 855 Five Mile Drive, Tax Parcel No. 31. =2 -15 and 31. =2 -16,
R -30 Residential District. Waldorf School of the Finger Lakes, Owner /Applicant.
Chairperson Wilcox opened this segment of the meeting at 10:59 p.m.
Steve Gibian, Architect, stated the Waldorf School of the Finger Lakes has been in existence
for 17 years. The plan is to consolidate the two schools at the Five Mile Drive site. The main
building is the old public school building number 3. It is two levels. The upper level is accessed from
the former front door. The lower level has three main rooms.
The project does adjoin a delineated wetland. The property ownership in the area is complex.
The original property was half an acre. The school purchased additional property 4 years ago. A
large box culvert under the road and a secondary pipe culvert feed the wetland. The outlet is under
the former Buttermilk Falls Road. The NYSDOT owns most of the area around the Waldorf School.
The school feels the site impacts their enrollment. By improving the site, they feel it will increase
their enrollment.
The current situation is the worst during afternoon parent pick -up. Many of the student do not
qualify for busing because they live too far away. The buses park in the bus turn around. It is not
wide enough for others to get by. Parents need to do a U -turn in the middle to drop -off or pick -up
their children. The children are then walking through an active parking lot to get to the front door.
This is a major safety concern.
The access to the old Elmira Highway is bisecting the playing field on two sides. The school
does not have handicap access to the upper or lower entrances. The school does not have an
elevator.
The proposal separates parent parking from the school bus parking. This directs traffic into
the parking lot. While the buses are waiting for children, cars can park and pick -up their children.
The size of the parking lot has been increased. The parking spaces have been increased due to the
number of teachers, volunteers, and office staff and parent volunteers. During parent pick -up and
drop -off there is a large influx at that time. There are also after school events that draw many cars.
PLANNING BOARD PAGE 26 MAY 118, 1:99
AP4P O'1E=D — APIPRO`,+ED — APo OVED —AUGUST 17.1999 — Af'`MOVEc^. —Af'Pr 0tv1E ? _ APP -ROVED
Handicap access and emergency vehicle access has also been provided close to the building. There
are evenings when teachers work late and like to park close the building for safety.
There will be handicap access at both levels. The parking lot does curve out into the wetland
area. The reason for this was to save the on site trees. There is a sewer manhole that needed to be
worked around. The parking lot was kept to a 60 -foot width with a 20 400t buffer.. This was a
reasonable width to filter the run -off from the parking lot. If the parking lot was close to the bus turn
around, the radius became very tight.
There are two other components of the project that involve a wetland boardwalk and overlook,
a future extension of the boardwalk, and a wildlife pond. The pond would increase the number of
species on the site. The boardwalk was suggested as a means of wildlife education. The plans call
for a short boardwalk and overlook with a future extension.
Board Member Kenerson asked what the current enrollment is.
Mr. Gibian stated it is approximately 60 children.
Board Member Kenerson asked what the capacity is.
Mr. Gibian stated that enrollment has been up to 100 children.
Chairperson Wilcox asked if the applicant was surprised by the concern for the wetland.
Mr. Gibian responded yes.
Chairperson Wilcox asked if he had seen the County's letter.
Mr. Gibian stated yes. They suggested the parking be located on property not owned by the
Waldorf School. Their proposal would also cause children'to cross a driveway to get to the playing
area. In the long -range plan this clears the way for an addition to the school.
Chairperson Wilcox asked if the rezoning of the neighborhood to adult entertainment use
might be restricting enrollment.
Mr. Gibian stated that if someone were to open a business, it might.
Jim Semp, Waldorf School, stated that the Waldorf School is not in favor of filling wetlands.
They recognize the benefit that wetlands bring to the ecosystems that they exist in. The project is
being presented out of concern for the children and visitors to the school. This project has been
planned over a series of five years. The school wants to infringe on the wetland as little as possible.
They have a completed application with New York State Department of Environmental Conservation
and there is a public review period until May 28.
i
PLANNING BOARD PAG E 22 r MAY 13. 19991
APP OVED -Af`IPROVED -APP OVED -AUGUST 17.
Susan Ritter, Environmental Planner, stated the Environmental Review Committee does not
want to see any of the wetland invaded. Filling in wetlands a little at a time is the problem with
wetlands. There is a fair amount of area that could be worked with so that the area would not need
to impact so much on the wetland. The plan could be revised to fulfill the goals of the school. There
was a concern with the boardwalk. By building the boardwalk, it might impact the wetlands more and
humans on the boardwalk would threaten wildlife attracted to the area. It is a small wetland and they
do not have far to go. There is also a concern with the materials used. Often times boardwalks use
pressed wood. Pressed wood is known to have a lot of toxic materials.
The County's concerns were basically the same as the ERC. They felt that there is room for
another design that would not impact the wetland as much.
Chairperson Wilcox stated that the County has mentioned alternatives. Mr. Gibian has
mentioned that the alternatives are not workable. Chairperson Wilcox stated that he would like to
see drawings showing why they are not workable.
Tom Nicholson, Waldorf Parent, stated that for the school to have parking on the other section
of the property they would need to request a curb cut from NYDOT. That is unlikely because it is so
close to the intersection. It has been researched. There would still be traffic flow through the play
area of school. If people are willing to get a curb cut from DOT, then they would explore the
possibility. It does not look realistic. When first looking at the project, they looked at the area of
wetlands that had been disturbed by NYSEG. They tried to come up with a win win situation. They
had parent volunteers do a survey of the site. This triggered parental involvement in the school.
On site negotiations with William Nole, resulted in the suggestion of the boardwalk and pond
from the New York State Department of Environmental Conservation's perspective. The school is
not committed to the boardwalk or pond. They were trying to enhance the habitat.
Board Member Kenerson asked if this is part of the flood plan.
Mr. Frantz responded no. It is above the 100 -foot flood plain. The parking lot would be filling
in a small portion of the 500 -year flood plain.
Board Member Ainslie stated it is a difficult situation. Was the school purchased at a
reasonable price?
Mr. Gibian stated it was purchased for $85,000 to $120,000.
Chairperson Wilcox stated that he does not want to see the wetland touched or infringed
upon. He would like to be shown why other configurations will not work. He is not happy that this
project was considered a Type II action. Chairperson Wilcox stated he does not want a boardwalk
creating further disturbances on the wetland. If there are enough people on the board who feel that
they would never allow them to infringe on the wetlands, then the applicant needs to be told now.
i
PLANNING BOARD PAGE 28 MAY 113. 1999
APP C.%ED- AFItOFIO'vED -AF�P CtlEcD.Al�'f,UST17, 1(.3 8- Af'tr'FiOyfED -rFJP OtIE}- APF= '.r' ?OII E;
Mr. Frantz stated the County's comments about shifting spaces along the old right -of -way are
not practical. Extending parking around the circle would work. The school needing 20 to 25 parking
spaces is legitimate. The shoulders of the road are all mud due to the parking along the shoulder.
The new curb cut is unlikely. The parking lot could be shifted closer to the circle and reduce the
amount of wetland that would need to be filled. The hedgerow would remain, but there would be a
few trees that would be cut down. The trees are more easily replaced than the wetland.. The area of
the parking lot near the wetland could be crushed gravel and seed it to grass. It will not be used that
often. The one turning radius will be tight.
Mr. Kanter stated that 20 parking spaces could work. He would like to see a smaller number
of parking spaces to allow more room for moving things around. More information needs to be
provided on the wetland. Mr. Kanter stated he has been discussing with Attorney Barney if this is a
Type II action.
Attorney Barney stated he thinks it is a Type I action. The ten thousand square foot is building
floor area. In the local SEQR regulations, any facility that is in a wetland is a Type I action.
Mr. Semp stated that the school came before the board to present their proposal. This
proposal is for the safety of children. They extend their hand in a gesture of cooperation. The
concerns about the wetland have been heard and registered. They have been considered in this
project. The boardwalk is something that they can go without. Mr. Frantz has presented the school
with an alternative.
Chairperson Wilcox closed this segment of the meeting at 11:43 p.m.
AGENDA ITEM: Consideration of Town of Ithaca comments regarding the Draft Environmental
Impact Statement for Cornell University's proposed North Campus Residential Initiative.
Cornell University, Owner /Applicant, Kathryn Wolf, Trowbridge and Wolf, Landscape
Architects, Agent.
Chairperson Wilcox opened this segment of the meeting at 11:44 p.m.
Mr. Kanter stated these are staff's comments to the City of Ithaca as lead agency.. The draft
letter is from the Town Board and Planning Board. Mr. Frantz drafted the letter. The issues focused
on traffic impacts, historic Moore House and the zoning issue.
Mr. Frantz stated the concerns remain traffic impacts in Forest Home. The preservation of the
Moore House remains a concern. The rezoning from Multiple Residence to R -30 does open the door
for possibilities other than the soccer fields, tennis courts and parking lot.
Board Member Mitrano asked if there are any interested individuals in the Moore House,
Shirley Egan, Cornell University Council, responded yes.
0
4
If
PLANNING BOARD PAGE 219 - '�`
Ar4P C:ll.L? - APPFICtyED - APPPfrOLIc.7 D — AUGUS'1 "17. 19'9 — Af,'t�FI VfE —AI-'P 011�= ? - PPS tICIIED
Chairperson Wilcox asked if the draft Environmental Impact Statement has been accepted.
Mr. Frantz replied it has been accepted as being complete and ready for public comment. It is
the timeframe that the applicant is in now until May 28. If the letter is approved, then it will be
delivered to city. It is a major project and there are two main concerns; traffic and Moore House.
These concerns can be dealt with.
Chairperson Wilcox closed this segment of the meeting at 11:44 p.m.
AGENDA ITEM: OTHER BUSINESS.
Mr. Kanter stated that the June 1, 1999 meeting may be canceled. The only problem is there
is only one agenda item which is the upcoming amendment to the moratorium law. If it is the only
item on the agenda, it is not worth holding a meeting for. Mr. Kanter stated that he would discuss it
with Supervisor Valentino,
AGENDA ITEM: ADJOURNMENT:
Upon MOTION, Chairperson Wilcox declared the May 18, 1999; Meeting of Town of Ithaca
Planning Board duly adjourned at 11:55 p.m.
Prepared by:
Carrie L. Coates,
Keyboard Specialist/Minutes Recorder
Mary Bryant,
Administrative Secretary for the Town of Ithaca
Planning Board.
4 Robin H. Seeley May 18, 1999 NYSDOT and Burger King traffic
I have felt that the Planning Board and the public is under the impression that New York State
Dept. of Transportation is going to "fix" the Rt. 366 / Pine Tree Road intersection, so that it
doesn't matter that Burger King would create more congestion at this already- congested
intersection. This impression comes in part from the Town of Ithaca Planning Staff's
memorandum dated April 4, 1999 (SEQR Review).
When I called DOT to inquire about the exact nature of their plans for this intersection, I was
informed (by Mary-Jane Meier in DOT Planning) that DOT is planning a bridge repair at that
intersection. As part of repairing the bridge, DOT may make some alterations to the intersection.
I received the complete DOT project proposal (dated October 1998) for this bridge repair, and I
now see where the confusion comes from. Yes, some alterations of this intersection will occur in
2002 -3 when the bridge is fixed. But the congestion problem at the intersection will not
necessarily be solved, even then.
Project Proposal, page 7: The LOS [level of service, a measure of congestion, with A= very good
and F= terrible] of the Judd Falls Road.../Rt. 366 intersection to the east is controlled by the Pine
Tree Road / Rt. 366 intersection. When traffic is backed up onto the subject bridge because of the
4 -way stop to the west, Judd Falls Rd. North is blocked. This in turn makes it very difficult to go
into or out of this side road. Therefore, the LOS of this intersection is the same as the first one,
namely D for the present with the eastbound movement being [LOS] E/F. The intersection is
projected to operate at LOS F in the design year, with LOS E anticipated in 10 years, ..,Route 366
on the bridge operates at LOS E. it
The above exerpt describes why this intersection is currently so congested.
The SEQR memorandum prepared by Town of Ithaca Planning Staff on April 6, 1999 states: "The
traffic impact study indicates that the installation of a full, three -color traffic signal at this
intersection would help to alleviate existing traffic flow problems ... NYSDOT is evaluating two
alternatives that would both improve operating /capacity conditions at this intersection: one would
involve ... a new traffic signal..."
But on page 8 of the DOT Project Proposal: "Although the regional TE & S (Traffic Engineering &
Safety) group has requested that signal poles be installed that could support a future 3 -color (R -Y-
G) signal, only replacement of existing flashers is required to meet standards. Also, this
location does not meet 3 -color (R -Y -G) signal requirements." [my emphasis]
How does this affect the Planning Board's evaluation of the Burger King proposal? In the Burger
King traffic report, the model shows a lot of the BK traffic going into and out of that intersection.
The traffic report showed that adding a different traffic signal would mitigate some of the
congestion problem. But now the DOT project report shows that the intersection will not get a three
color signal after all, because it does not meet the requirements, and construction is not supposed
to start until 2002 at the earliest (Ithaca- Tompkins County Transporation Council).
In my opinion, one sound reason for denying Burger King approval is because the traffic
generated by BK will add to the problems at this already- congested and difficult intersection. The
method proposed to mitigate traffic impacts (3 -color traffic signal) will not be allowed by
NYSDOT. The traffic impacts from Burger King remain a serious problem, particularly at this
intersection.
ATTACHMENT #1
M& v
1 c,,� 1�� m u�..��o or�Q
ee so
w 5J c 6(9`j
T
'
_
Ii1•
' ~'tom-
-3•Y1 ,.i
I-
`.y_i=
:y
Iiii
-_
on
.�.:{
-_-
_
....ti
r
a—_"fi
_
- -
-:�
�Yy.tr
- _• ~'L-
LY_.
�•llt _t ivy
•1 Jl .i
j:i.r:.
='_
~•T
;'tsi
_
_ r
T'�.irr
_
_ _ _
i+ -f1 T._y
rP
-:T
IIJi♦
r:
aIL
♦-
_
__
V Torsio;
- -ice
'Lr'
-
-
-__
r
-i
_
1.'
-
"_'�.
olo
-�~
_aau
i
.._
:�.ir-
do
_r.._
-
. _L_
_ _ _
_ _ .a
_
_ as
_
_ _ _
a
_
s
_ __ _
_ - _
_
_ .a o
a __.
a _
_
�
-L
LL
mo
_ _
_ - _
_ _
Is
Am
oi�or
oe JL"
AV'
iiisaoioo.
-
r loo.,
c__s
•_
i
_
_
ol
-
1JY J,
1
ow
ri
�'TL�r
_
.T_'_irr
i. '. i.__
1
_ oo.
_.__-
or
_ra'_.`r
•1l
ol
ams
-
_
,r
op
oso
.i
nJ..r,a=s
-,o
-
1r,",
':T-
-•71
-T,=.
Z.
J
�
-
r
.o,
-
rn.q'
v..:
-n•y
L_
Lo,
-
im
-
}•i
-
- _
•.
y.-+
-
_
_ i_ _.
31.1 _.
_
So
v
r
r
.....
J 1..��
it
i
os
An
y.a i`__
'fir
i _
toit
]4 JLl
r_'.L
_J.Li
�:�,
a_�
_�-_.�_rr
:1�
_ri_I
era
_'_L
__
__
_•_-
__1:�iul
!'y-
-_•:.l.Itr�i
�.'
='!__
-LS
._
Lo,
1-
_r_a_L.
__r.
- --
}•y
_
i
i
1
y_
—
—
f?
t : �_
iL
IJ
: i 7_: -
`L: :
�� ::�
_
_
_
_ _
__
_ _
_ _
_
a_..
.
Aioo
_a_r..7
go
on
T
'
_
Ii1•
' ~'tom-
-3•Y1 ,.i
I-
`.y_i=
:y
Iiii
-_
on
.�.:{
-_-
_
....ti
r
a—_"fi
_
- -
-:�
�Yy.tr
- _• ~'L-
LY_.
�•llt _t ivy
•1 Jl .i
j:i.r:.
='_
~•T
;'tsi
_
_ r
T'�.irr
_
_ _ _
i+ -f1 T._y
rP
-:T
IIJi♦
r:
aIL
♦-
_
__
V Torsio;
- -ice
'Lr'
-
-
-__
r
-i
_
1.'
-
"_'�.
olo
-�~
_aau
i
.._
:�.ir-
do
_r.._
-
. _L_
_ _ _
_ _ .a
_
_ as
_
_ _ _
a
_
s
_ __ _
_ - _
_
_ .a o
a __.
a _
_
�
-L
LL
mo
_ _
_ - _
_ _
Is
Am
oi�or
oe JL"
AV'
iiisaoioo.
-
r loo.,
c__s
•_
i
_
_
ol
-
1JY J,
1
ow
ri
�'TL�r
_
.T_'_irr
i. '. i.__
1
_ oo.
_.__-
or
_ra'_.`r
•1l
ol
-
_
,r
op
oso
.i
�.iliv
L_
-
im
-
}•i
-
- _
•.
y.-+
-
_
_ i_ _.
31.1 _.
_
r -'.i.a
v
r
r
.....
J 1..��
it
i
os
An
y.a i`__
'fir
i _
toit
]4 JLl
r_'.L
_J.Li
�:�,
a_�
_�-_.�_rr
:1�
_ri_I
era
_'_L
__
__
_•_-
__1:�iul
!'y-
-_•:.l.Itr�i
�.'
='!__
-LS
._
Lo,
1-
_r_a_L.
__r.
L _ L
ATTACHMENT #2
i {1: 1_i_i_
�?
Ii1•
' ~'tom-
-3•Y1 ,.i
I-
`.y_i=
:y
Iiii
-_
on
.�.:{
_
.�
:� ":9
....ti
r
a—_"fi
_ -
- -
-
- _• ~'L-
LY_.
�•llt _t ivy
•1 Jl .i
j:i.r:.
='_
_
;'tsi
_
_ r
r.
_
_ _ _
i+ -f1 T._y
rP
-:T
~tom
r:
To
♦-
iml
'il
V Torsio;
-
_ _i'�
!o'.
_
1.'
-
"_'�.
_aau
i
.._
-Y,•
do
L _ L
ATTACHMENT #2
�?
Ii1•
T.T,
-3•Y1 ,.i
..'i
—[i
.7 %': 7^Q:%+
-_
- _
_
....ti
r
-
- -.1J <� r_ --_aL rL, oLla Vr _
r..'....._
�•llt _t ivy
.lY}l=
j:i.r:.
='_
}.alt °T f
;'tsi
_
a
r.
`J'
!i aim
.
_
-
oaw
ob
Am
oi�or
oe JL"
AV'
i
L _ L
ATTACHMENT #2
Lit Cf1
:11 �. t�l�
— -
—[i
'riil Y!�"� �a.:u - _ 7 �. ��:
.ioU
-
__
aiy
_..
=�
_- oe
=--.--
- -.1J <� r_ --_aL rL, oLla Vr _
�•llt _t ivy
.lY}l=
j:i.r:.
='_
}.alt °T f
;'tsi
_
a
`J'
!i aim
.
L _ L
ATTACHMENT #2
`J'
!i aim
.
_
-
oaw
ob
Am
oi�or
ol
or
•1l
ol
-
_
,r
oso
.i
�.iliv
L_
-
im
-
}•i
-
- _
•.
y.-+
-
_
_ i_ _.
31.1 _.
_
r -'.i.a
v
r
r
.....
J 1..��
it
i
]4 JLl
_'_,y.i
Vii:
�:�,
i•�_
:1�
_ri_I
iPffji?-'
__1:�iul
!'y-
-_•:.l.Itr�i
-LS
._
Lo,
1-
.�_�:1
- --
}•y
_
i
i
1
y_
—
—
f?
t : �_
iL
IJ
: i 7_: -
`L: :
�� ::�
_
_
_
_ _
__
_ _
_ _
_
a_..
.
_a_r..7
L _ L
ATTACHMENT #2
_v
a_
t:
^`. TOWN OF ITHACA PLANNING BOARD
126 East Seneca Street
r Ithaca,New York 14850
Tuesday,May 18, 1999
AGENDA
7:30 P.M. Persons to be heard.
7:35 P.M. PUBLIC HEARING:Consideration of Final Site Plan Approval for the proposed First Assembly of God
Church,to consist of a+/- 15,000 square foot church structure,including sanctuary,offices and
classrooms,and parking for up to 162 vehicles,to be located on the south side of Bostwick Road
approximately 1,000 feet west of Five Mile Drive/NYS Rte. 13A,on Town of Ithaca Tax Parcel No.31-4-
6.2,Residence District R-30. This is a scaled back version of a proposal for which the First Assembly of
God Church received Preliminary Site Plan Approval in September 1994. First Assembly of God Church,
Owner/Applicant;Tammi Aiken,T.G.Miller;P.C.,Engineers&Surveyors,Agent.
7:50 P.M. SEQR Determination,Young Subdivision,Bostwick Road and Seven Mile Drive.
7:55 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of a 20+/-acre parcel into three lots, 13.49+/-acres,3.5+/-acres,and 3.05+/-acres
respectively,located at the corner of Bostwick Road and Seven Mile Drive,Town of Ithaca Tax Parcel No.
31-5-1.2,Residence District R-30. John F.Young,Susan M.Barnett,James R.Young,and Julie R.
Young,Owners/Applicants;John F.Young,Agent.
8:10 P.M. Continuation of 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.
9:30 P.M. Consideration of a Sketch Plan for a proposal by the Waldorf School to construct a 25 space parking lot.
The proposed project will involve filling approximately 0.25 acres of Fleming Meadow,a Department of
Environmental Conservation(DEC)regulated wetland. The applicant has applied to DEC for a wetland
fill permit. Because the project involves the expansion of an existing educational facility by less than
10,000 sq.ft.,the project is considered a Type II action and is not subject to State Environmental Quality
Review. The project site is located at 855 Five Mile Drive,Tax Parcel No.31.-2-15 and 31.-2-16,R-30
Residential District. Waldorf School of the Finger Lakes,Owner/Applicant.
10:00 P.M. Consideration of Town of Ithaca comments regarding the Draft Environmental Impact Statement for
Cornell University's proposed North Campus Residential Initiative.Cornell University,Owner/Applicant;
Kathryn Wolf,Trowbridge and Wolf,Landscape Architects,Agent.
8. Approval of Minutes: April 6,1999;April 20, 1999(both in packet).
9. Other Business.
10. Adjournment.
r" 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.)
X:
TOWN OF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
Tuesday, May 18, 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 18, 1999, at 126 East Seneca 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
First Assembly of God Church, to consist of a +/- 15 , 000
square foot church structure, including sanctuary, offices
and classrooms, and parking for up to 162 vehicles, to be
located on the south side of Bostwick Road approximately
1, 000 feet west of Five Mile Drive/NYS Rte. 13A, on Town of
Ithaca Tax Parcel No. 31-4-6 .2 , Residence District R-30 .
This is a scaled back version of a proposal for which the
First Assembly of God Church received Preliminary Site Plan
Approval in September 1994 . First Assembly of God Church,
Owner/Applicant; Tammi Aiken, T.G. Miller, P.C. , Engineers &
Surveyors, Agent .
7 :55 P.M. Consideration of Preliminary and Final Subdivision Approval
for the proposed subdivision of a 20 +/- acre parcel into
three lots, 13 .49 +/- acres, 3 . 5 +/- acres, and 3 . 05 +/-
acres respectively, located at the corner of Bostwick Road
and Seven Mile Drive, Town of Ithaca Tax Parcel No. 31-5-1 . 2 ,
Residence District R-30 . John F. Young, Susan M. Barnett,
James R. Young, and Julie R. Young, Owners/Applicants; John
F. Young, 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, May 10, 1999
Publish: Wednesday, May 12, 1999
J .
The Ithaca Journal
Wednesday, May 12, 1999
TOWN OF ITHACA
PLANNING BOARD
NOTICE OF
PUBLIC HEARINGS
Tuesday, May 18, 1999
B 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 18, 1999,
at 126 East Seneca Street,
Ithaca, N Y.,at the fallowing
times and on the following
matters:
7:35 P.M. Consideration of
Final Site Plan Approval for
the proposed First Assembly
of Clad Church, to consist of
a ± 15,000 square foot
church structure Including
nctuar
say
classrooms,, offices and
and parking for
U
to 162 vehicles, to be
located on the south side of
Bostwick Road approximately
3,000 feet west of Five Mile
Drive/NYS Rte. 13A, on
Town of Ithaca Tax Parcel
No.31 4-6.2, Residence Dis-
trict R-30. This is a scaled
back version of " I
for which the First Assembly
of God Church received
Preliminary Site Plan Ap-
proval in September 1994.
First Assembly of God
Church, Owner/Applicant;
Tommi Aiken, T.G. Miller,
P.C., Engineers& Surveyors,
Agent.
7 55 P.M. Consideration of
Preliminary and final Sub
division Approval for the pia
posed subdivision of a 0±
acre parcel into three lots,
13.49 ± acres, 3.5± acres,
and 3.05 ± acres respec-
tively,located at the corner of
Bostwick Road and Seven
Mile Drive Town of Ithaca
Tax Parcel No. 31-5-1.2,
Residence District R-30. John
F. Young, Susan M Barnett,
James R. Young,and Julie R.
Youn , Owners/Applicants;
John Young 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
bya ent or in person.
Individuals with visual impair-
ments, hearing impairments
or other special needs, will
be provided with assistance
as necessory, upon request.
Persons desiring assistance
must make such o request not
less than 48 hours prir to othe
time of the ppublic hearings.
Jona cin Kanter, AICP
Director of Planning
273-1747
May 12, 1999
'A't
z
TOWN OF ITHACA PLANNING BOARD
ATTENDANCE SHEET
DATE: MAY 18, 1.999
PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFILIATION
(Please PRINT to ensure accuracy in official minutes.)
Sil 1-1
r '
� fc Sci[✓r•pc/S
NII i A id
Alt
M
r
TOWN OF ITHACA PLANNING BOARD
ATTENDANCE SHEET
DATE: MAY 18 1999
PLEASE PRINT YOUR NAME PLEASE PRINT ADDRESS/AFFILIATION
(Please PRINT to ensure accuracy in official minutes.)
S
{J? Fes*' V9' rf SIG '
4�f
PC4� Ll
5Tf1p H F- Ca►b 13-7ft coDp+Nt,ToJ fLP 5.G . .cvz cwt► '
c �sc7F rw
InLr
n
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 following 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 Town of Ithaca
Town Hall, 126 East Seneca Street, Ithaca, New York, on Tuesday, May 18, 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 : May 10, 1999
Date of Publication: May 12, 1999
Sandy Pofee, Secretary
Town of Ithaca.
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this, Oi day of May 1999.
Notary Public JOAN LENT NOTEI340M
NOTARY PUBLIC,6rt22"J'`;LTJ YOR$_
RESIDING IN TOM'P::"
REG.NO.k
MYCOMMISSION EXPIRES 30,W.�00�