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Home My WebLink AboutPB Minutes 1999-09-07TOWN OF ITHACA PLANNING BOARD SEPTEMBER 7. 1999 � -9 nl n A AA LA The Town of Ithaca Planning Board met in regular session on Tuesday, September 7, 1999, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; James Ainslie, Board Member; Tracy Mitrano, Board Member (7:152 p.m.); Larry Thayer, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town; Dan Walker, Director of Engineering (7:58 p.m.); Mike Smith, Planner, EXCUSED: George Frantz, Assistant Town Planner. ALSO PRESENT: Eric Mendelson, 98 Hickory Circle; Cynthia Sherman, 42 Sparrow Crest; Christie Lerch, 205 Homestead Terrace; Elizabeth Harness, WHCU; Ellen & Robin Schmidt, 8 Genung Circle; Susan Shefter, 145 Pine Tree Road; Martha Turnbull, 118 Pine Tree Road; Tom Murray, Courtside; Bob Rowe, Rowe Restaurants Inc; Nancy Krook, 113 Pine Tree Road; Mark Pedersen, 126 Judd Falls Road; Martha & Steven Robertson, 1655 Ellis Hollow Road; David Long, 8 Sanctuary Drive; Antonie & Shelley Blackler, 14 Nottingham Dr; Kyllikki & Katelyn Inman, 110 Halcyon Hill; Douglas Clearo, 95 Brown Road; John Murray, Brown Road; Larry Turchin, Traffic Solutions; Hollis Erb, 118 Snyder Hill Road; Bill Seldin, 120 Northview Road; Joel Harlan, Dryden; Lauren Bishop, Ithaca Journal; Grace Chiang, HOLT & C Architects; Muriel Brink, 206 Tudor Road; B.A. Lewis, 139 Snyder }-fill Road; D. Yee, 206 Tudor Road; Ruth Mahr, 103 Judd Falls Road; Kirk Sigel, 223 Highgate Road; Gordon Rowland, 1166 Ellis Hollow Road; Charles Geisler, 517 Ellis Hollow Road; Frank Santelli, TG Miller; David Herrick, TG Miller; Greg Spence Wolf, 314 Farm Street; James Napoleon, Syracuse; Susan Riley, 71 Woodcrest; Robin Seeley, 332 Hurd Road, Chairperson Wilcox declared the meeting duly opened at 7:38 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 August 30, 1999, and September 1, 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 September 1, 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 7:39 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:40 p.m. AGENDA ITEM: SEOR Determination, Wallenbeck Two Lot Subdivision, 420 Bostwick Road. r. 1 TOWN OF ITHACA PLANNING BOARD SEPTEMBER 7. 1999 � -9 nl n A AA LA The Town of Ithaca Planning Board met in regular session on Tuesday, September 7, 1999, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; James Ainslie, Board Member; Tracy Mitrano, Board Member (7:152 p.m.); Larry Thayer, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town; Dan Walker, Director of Engineering (7:58 p.m.); Mike Smith, Planner, EXCUSED: George Frantz, Assistant Town Planner. ALSO PRESENT: Eric Mendelson, 98 Hickory Circle; Cynthia Sherman, 42 Sparrow Crest; Christie Lerch, 205 Homestead Terrace; Elizabeth Harness, WHCU; Ellen & Robin Schmidt, 8 Genung Circle; Susan Shefter, 145 Pine Tree Road; Martha Turnbull, 118 Pine Tree Road; Tom Murray, Courtside; Bob Rowe, Rowe Restaurants Inc; Nancy Krook, 113 Pine Tree Road; Mark Pedersen, 126 Judd Falls Road; Martha & Steven Robertson, 1655 Ellis Hollow Road; David Long, 8 Sanctuary Drive; Antonie & Shelley Blackler, 14 Nottingham Dr; Kyllikki & Katelyn Inman, 110 Halcyon Hill; Douglas Clearo, 95 Brown Road; John Murray, Brown Road; Larry Turchin, Traffic Solutions; Hollis Erb, 118 Snyder Hill Road; Bill Seldin, 120 Northview Road; Joel Harlan, Dryden; Lauren Bishop, Ithaca Journal; Grace Chiang, HOLT & C Architects; Muriel Brink, 206 Tudor Road; B.A. Lewis, 139 Snyder }-fill Road; D. Yee, 206 Tudor Road; Ruth Mahr, 103 Judd Falls Road; Kirk Sigel, 223 Highgate Road; Gordon Rowland, 1166 Ellis Hollow Road; Charles Geisler, 517 Ellis Hollow Road; Frank Santelli, TG Miller; David Herrick, TG Miller; Greg Spence Wolf, 314 Farm Street; James Napoleon, Syracuse; Susan Riley, 71 Woodcrest; Robin Seeley, 332 Hurd Road, Chairperson Wilcox declared the meeting duly opened at 7:38 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 August 30, 1999, and September 1, 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 September 1, 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 7:39 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:40 p.m. AGENDA ITEM: SEOR Determination, Wallenbeck Two Lot Subdivision, 420 Bostwick Road. PLANNING BOARD PAGE 2 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED - APPROVED Chairperson Wilcox opened this segment of the meeting at 7:40 p.m. Dan Wallenbeck, 424 Bostwick Road, stated that the property next door used to belong to his mother and father. He now wishes to sell the property. The land in back belonged to the property on 420 Bostwick Road, Mr. Wallenbeck stated that he wishes to keep this area of land. Chairperson Wilcox asked if there is any intention of placing a house on the subdivided parcel. Mr. Wallenbeck responded no. Board Member Ainslie asked if the land in back is rented to the Bakers. Mr. Wallenbeck responded yes. Chairperson Wilcox asked if it is currently farmed. Mr. Wallenbeck responded yes. Chairperson Wilcox stated that he is not aware of any potential environmental issues. Chairperson Wilcox closed this segment of the meeting at 7:42 p.m. MOTION made by Lawrence Thayer, seconded by James Ainslie. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 + 1- acres from Town of Ithaca Tax Parcel No. 32 =1 -16.2, located at 420 Bostwick Road, for consolidation with Tax Parcel No. 32 -1 -1721 (totaling 14 +1= acres). The proposed subdivision is in County Agricultural District No. 2. and is zoned Agricultural; Daniel Wallenbeck, Owner /Applicant, and 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 September 7, 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, "Subdivision Plat Wallenbeck Properties," prepared by Laurence P. Fabbroni, Licensed Land Surveyor, dated August 9, 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; PLANNING BOARD PAGE 3 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED 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, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None. ABSENT.& Mitrano, The MOTION was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 ± acres from Town of Ithaca Tax Parcel No. 32A A 6.2, located at 420 Bostwick Road, for consolidation with Tax Parcel No. 32 =1 -17.21 (totaling 14 ± acres). The proposed subdivision is in County Agricultural District No. 2 and is zoned Agricultural. Daniel Wallenbeck, Owner /Applicant. Chairperson Wilcox asked Mr. Smith to give a brief explanation of what is being proposed. i Mike Smith, Planner, stated that the large portion of 420 Bostwick Road is being consolidated with 424 Bostwick Road. The sliver of land will remain part of 420 Bostwick Road. Board Member Hoffmann asked what the reason is for the sliver between the two parcels. Mr. Wallenbeck replied that they are trying to make it" more suitable. Chairperson Wilcox opened the public hearing at 7:44 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:45 p.m. MOTION made by James Ainslie, seconded by George Conneman. WHEREAS. 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 + 1- acres from Town of Ithaca Tax Parcel No. 32446.2, located at 420 Bostwick Road, for consolidation with Tax Parcel No. 324-17.21 (totaling 14 +1- acres). The proposed subdivision is in County Agricultural District No. 2. and is zoned Agricultural; Daniel Wallenbeck, Owner /Applicant, 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 September 7, 1999, made a negative determination of environmental significance, after having reviewed and PLANNING BOARD PAGE 4 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 -APPROVED -APPROVED = APPROVED accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 30 The Planning Board, at a Public Hearing held on September 7, 1999, has reviewed and accepted as adequate, a plat entitled, "Subdivision Plat Wallenbeck Properties," prepared by Laurence P Fabbroni, Licensed Land Surveyor, dated August 9, 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 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 + 1m acres from Town of Ithaca Tax Parcel No. 32 =1 -16.2, for consolidation with Tax Parcel No. 32- 1- 17.21, as shown on the plat entitled, "Subdivision Plat Wallenbeck Properties," prepared by, Laurence P Fabbroni, Licensed Land Surveyor, dated August 9, 1999 subject to the following conditions: a. within six months of this approval, conveyance of the 12.37 + 1- acre parcel, as shown on the Survey Plat for the Wallenbeck Subdivision, to the owner of Tax Parcel No. 32 -1- 17.21; and submission of a copy of the deed for such conveyance to the Town Planning Department, ba within six months of this approval, consolidation of the conveyed 12.37 + 1= acre parcel, with Tax Parcel No. 32 -1 -1721; and submission to the Town Planning Department of a copy of the request to the Tompkins County Assessment Department for consolidation of said parcel with Tax Parcel 32 -1- 17.21, C, revision of the submitted survey plat to include the appropriate Surveyors Certificate, as outlined in the Final Subdivision Checklist, and more detailed labeling of the parcels as to which areas are being divided and which are being consolidated, do submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark -lined prints, revised pursuant to condition "c" above, prior to filing with the Tompkins County Clerk's Office, AND BE IT FURTHER RESOLVED: .,The Planning Board finds that there is no need for any park land reservation created by this proposed subdivision, and hereby waives the requirement for any park land reservation at this time. PLANNING BOARD PAGE 5 SEPTEMBER 7, 1999 1 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED - APPROVED AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer. NAYS: None, ABSENT.• Mitrano. The MOTION was declared to be carried. AGENDA ITEM: SEAR Determination, Cayuga Medical Center Ambulance Canopy, 101 Dates Drive. Chairperson Wilcox opened this segment of the meeting at 7:45 p.m. Grace Chiang, HOLT & C Architects, stated that the location of the canopy would be along the front of the hospital, but a distance from the road. The purpose of the canopy is to provide weather protection for ambulances arriving at the hospital. Patients are currently subjected to weather. This canopy will match the existing canopy over the Emergency Room walk -in entrance. It will not be visible from the road. Additional run -off will not be added. Board Member Hoffmann stated that on the canopy drawing referenced on page SK =3 it looks as if there are two canopies. Ms. Chiang responded that there are two canopies. There is a high canopy and a low canopy. he proposed canopy will look like the lower canopy and be as high as the higher canopy. It will project from the face of the hospital. Board Member Hoffmann asked if it would have similar concrete columns. Ms. Chiang responded that it would. Chairperson Wilcox closed this segment of the meeting at 7:50 p.m. MOTION made by Lawrence Thayer, seconded by George Conneman. WHEREAS: 10 This action is consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed new canopy at the Cayuga Medical Center ambulance entrance, Town of Ithaca Tax Parcel No. 24 =3 -2.1, located at 101 Dates Drive, Residence District R -30. Cayuga Medical Center at Ithaca, Owner /Applicant; HOLT & C Architects, P.C., Agent, and 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 Site Plan Approval, and PLANNING BOARD PAGE 6 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED 3. The Planning Board, on September 7, 1999, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, plans entitled, "New Canopy for Cayuga Medical Center," prepared by HOLT & C Architects P.C., dated August 18, 1999, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan 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, Hoffmann, Conneman, Ainslie, Thayer, NAYS: None, ABSENT.8 Mitrano. The MOTION was declared to be carried. I PUBLIC HEARING: Consideration of Preliminary and recommendation to the Zoning Board of Appeals regarding addition of a ± 20 ft. x 30 ft. canopy at the ambulance to the 101 Dates Drive on Town of Ithaca Tax Parcel No. on Cayuga Medical Center at Ithaca, Owner /Applicants HOLT & Final Site Plan Approval and Special Approval for the proposed Cayuga Medical Center, located at 24- 3 -2.1, Residence District R -30. C Architects, P.C., Agent. Board Member Thayer asked if the canopy is high enough for the ambulance to be able to park underneath. Ms. Chiang stated that the underside is 12 feet. Chairperson Wilcox asked why this project cost over $40,000. Ms. Chiang responded that there is concrete and foundations that are needed. Chairperson Wilcox opened the public hearing at 7:50 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 7:52 p.m. - Chairperson Wilcox asked why this needed to come before the board. I Jonathan Kanter, Director of Planning, stated that under previous thresholds it would have 'exceeded the cost thresholds. There are additions like this that might not have significance on the PLANNING BOARD PAGE 7 SEPTEMBER 7, 1999 1 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 = APPROVED - APPROVED - APPROVED original site plan. It would be nice to have more discretion to leave some of these items out. It is always better to bring something before the board if there is doubt. NOTION made by Eva Hoffmann, seconded by George Conneman. WHEREAS: i. This action is consideration of Preliminary and Final Site Plan Approval and a recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed new canopy at the Cayuga Medical Center ambulance entrance, Town of Ithaca Tax Parcel No. 24- 3 -2.1, located at 101 Dates Drive, Residence District R -30. Cayuga Medical Center at Ithaca, Owner /Applicant; HOLT & C Architects, P. C,, 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 Site Plan Approval, has, on September 7, 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 II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on September 7, 1999, has reviewed and accepted as adequate, plans entitled, "New Canopy for Cayuga Medical Center," prepared by HOLT & C Architects P. C., dated August 18, 1999, and other application materials; NOW THEREFORE BE IT RESOLVED: 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed new canopy at the Cayuga Medical Center ambulance entrance, located at 101 Dates Drive, Town of Ithaca Tax Parcel No. 24- 3 -2.1, as shown on plans entitled, "New Canopy for Cayuga Medical Center," prepared by, HOLT & C Architects P.C., dated August 18, 1999 subject to the following condition: a. Submission of one (1) original or mylar copy and two paper copies of the final site plan to be retained by the Town of Ithaca, AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making its recommendation regarding Special Approval to the Zoning Board of Appeals, determines the following: PLANNING BOARD PAGE 8 SEPTEMBER 7, 1999 } APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED a, there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b, the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed use; ce the specific proposed use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca. 1. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be granted. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, NAYS: None. ABSTAIN: Mitrano, The MOTION was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed modification of the previously approved site plan for the Montessori Middle School, located at x122 East King Road on Town of Ithaca Tax Parcel No. 43- 1 -3.6, Residence District R -15. The original plan, approved by the Planning Board on 5/4/99, included ja total of five parking spaces on site, including two spaces in the garage. The proposed revised plan eliminates the two garage parking spaces and retains the three spaces in the parking lot. Elizabeth Anne Clune Montessori School, Owner /Applicant, Peter Demjanec, Demjanec & Associates, Architects, Agent. Mr. Kanter stated that the site plan has been modified to eliminate the two parking spaces that were previously shown in the garage. The New York State Code Review Board did not allow the use of the inside garage spaces. Chairperson Wilcox stated that this is an educational use under 10,000 square feet, therefore not subject to SEQR. Board Member Hoffmann stated that there were comments from the County Planning Department regarding the back lot. What is the situation? Mr. Kanter stated that the plan submitted with this revision shows a curb cut on the thin strip of land. He asked Mr. Demjanec to revise the submittal to eliminate that. ''Mr. Kanter stated that he does not think the board would like to approve a curb cut on the middle strip without knowing what is happening. Board Member Hoffmann asked if they know anything on the status of the proposed park. PLANNING BOARD PAGE 9 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED- DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED Mr. Kanter responded no. Chairperson Wilcox opened the public hearing at 8:04 p.m., and asked if any members of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 8:05 p.m. Board Member Mitrano stated that she needs to abstain because she is a former member of the Montessori School Board. MOTION made by Fred Wilcox, seconded by Lawrence Thayer, WHEREAS: 1. This action is the consideration of Preliminary and Final Site Plan Approval for the proposed modification of the previously approved site plan for the Montessori Middle School, located at 122 East King Road on Town of Ithaca Tax Parcel No. 434,,3.6, Residence District R -15. The original plan, approved by the Planning Board on May 4, 1999, included a total of five parking spaces on site, including two spaces in the garage. The proposed revised plan eliminates the two garage parking spaces and retains the three spaces in the parking lot. Elizabeth Anne Clune Montessori School, Owner /Applicant; Peter Demjanec, Demjanec & Associates, Architects, Agent, and 2. The Zoning Board of Appeals granted Special Approval on June 9, 1999 for the conversion of the house at 122 East King Road for use as the middle school by thedMontessori School, and 3. This is a Type !I Action, pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act (SEQRA), requiring no further environmental review, and 4. The Planning Board, at a Public Hearing on September 7, 1999, has reviewed and accepted as adequate a site plan, entitled "Montessori Middle School, Tompkins County, 122 East King Road, Ithaca, NY" (Drawing A1), prepared by Demjanec & Associates, and dated 6130199, revised most recently 8127199, and other information related to the application. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan 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 and Final Site Plan Approval for the i proposed modification of the previously approved site plan for the Montessori Middle School, located at 122 East King Road on Town of Ithaca Tax Parcel No. 43- 1 -3.6, Residence District PLANNING BOARD PAGE 10 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED R -15 to eliminate the two garage parking spaces approved by the Planning Board on May 4, 1999 and retain the three spaces in the parking lot as shown on a Site Plan entitled "Montessori Middle School, Tompkins County, 122 East King Road, Ithaca, NY" (Drawing A 1), prepared by Demjanec & Associates, and dated 6130199, revised„ most recently 8127199, subject to the following condition: a. That all of the other conditions and requirements of the Planning Board's approval of May 4, 1999 still pertain to this modified approval of the Montessori Middle School site plan. AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, NAYS: None. ABSTAIN: Mitrano. The MOTION was declared to be carried. PUBLIC HEARING: Consideration of Final Site Plan 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! :lthe 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, Owners Rowe Restaurants, Applicant/Agent. Chairperson Wilcox stated that each member of the Planning Board received materials that the Town Planning Department, the Attorney for the Town, and the applicant have not seen. Attorney Barney asked if the materials were personally delivered to each board member. The board responded that the materials were. Attorney Barney stated the board, in making their decision, should only consider the matters that were brought to the board as part of the public hearing. This includes the materials submitted to the board. If there were discussions between any person supplying the material, then they should be I gnored. It would not be wise to base the decision on information presented to the board outside the normal public hearing channels. Chairperson Wilcox stated that copies of the materials have been made to distribute to staff and the applicant. Chairperson Wilcox opened the public hearing at 8:12 p.m. PLANNING BOARD PAGE 11 SEPTEMBER 7, 1999 l APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED Bill Seldin, 120 Northview Road, stated that all of the documentation that they have submitted they have done through the Planning Department. They have made their submissions open to the public in advance of the hearing. The packet of information that they just received is voluminous. They have not had a chance to look over the materials. They would like an opportunity to respond to new comments after the public hearing is closed. Chairperson Wilcox stated that he would like the applicant to make their presentation and the opponents make their presentation. This should be sufficient time for a response on the materials received this evening. The material looks voluminous, but some of the materials have been seen before. Mr. Seldin stated that they are not going to revisit any old information., He stated that he would like to submit a petition of 52 signatures from members of the Ellis Hollow Apartments. (See Attachment #1). The conditions of Preliminary Site Plan Approval required that the, applicant obtain Special Approval from the Zoning Board of Appeals. The applicant did receive Special Approval from the Zoning Board of Appeals subject to conditions. Some of the issues were similar to those the Planning Board has been considering. Some were not. David Herrick, TG Miller, stated that the Landscape Plan has been revised to include additional plant materials in two places. One was adjacent to the property with the Trust Company Bank. The second location is between the pedestrian path and potential future parking. They are also trying to save the Walnut tree. The Locus tree will have to be removed. There would be 15 Conifers planted on the site and are proposed to be 8 -10 feet tall. Landscape islands will be installed in the East Hill Plaza parking lot. The discussion at the Preliminary Site Plan hearing was to construct a continuous island across and opposite the entrance to the Citgol! Station. This will include the reduction of the width of the curb cut. This has been negotiated with Cornell University and the Town. There is also an additional landscape island added opposite the proposed entrance /exit at the East Hill Plaza side of the Burger King site. The survey and topographic map has been included in the board's packet. They have submitted the various lighting fixtures that are being proposed. On drawing C01, it shows wall pack fixtures to be mounted on the side of the building for security lighting. They would remain on through the night. They are located over the accesses to the restaurant. There are a total of four lights. They are designed to minimize glare and spillage off site. The light poles and fixtures in the parking lot is the traditional shoebox fixture. The poles will be consistent with poles in the vicinity. The parking lot lights and the illuminated signs will be turned off after 11:00 p.m. The strip lighting behind the red band outline on the roof has been removed. Mr. Seldin stated that the Zoning Board of Appeals approved the location of the freestanding sign in the rear. Initially, they proposed a sign that would be adjacent to the roof. This proposal is )part of the packet. Town staff has also discouraged this. They would like to remove this sign as an PLANNING BOARD PAGE 12 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED issue. They would like to replace it with a 15 square foot projection sign. In, order to comply with the Zoning Ordinance, they had to ask Burger King if they could make this size sign. They are able to get a 15 square foot sign. It will take a while to obtain a sign. The remaining two conditions were to have overhead utilities to be installed below grade. The applicant has agreed to do so. Cornell University had to submit a snow removal plan to the Town and the Town has received this. Mr. Seldin stated that it was a condition that the applicant obtain Special Approval from the Zoning Board of Appeals. It was discussed and agreed that a plan be designed that Burger King would regularly police the area twice a week and pick up litter within a quarter mile radius. Burger ir King cannot control what individuals do. There are other people that will litter. The agreement has been agreed to and they will sign such an agreement. They have also agreed to submit a modified site plan if it should turn out that the stacking lane is not sufficient. They have presented the position that stacking will not be a problem. A traffic control sign will be installed 'prohibiting leftwhand turns out of the exit/entrance lane opposite of the CFCU access drive. The Zoning Board of Appeals felt that this would dispel any difficulties with the CFCU traffic. They have presented information stating that this would not be a problem. The board has had a lot of information on all of the criteria from the Zoning Ordinance. The prior approval cannot be ignored. If there is new information or changedll circumstances the board should have the opportunity to hear it. James Napoleon, Syracuse, submitted his resume to the board. (See Attachment #2). Mr. Napoleon stated that he was retained by the applicant to study this informa1tion before the board. He has reviewed the site plan and traffic study. Mr. Napoleon stated that he has reviewed the information provided by Doctor Carter. He would like to address a number of issues. The intersections created are not on public roads. They are on the internal facilities of the shopping center. The intersections are designed to align with other driveways. It is better to align driveways opposite one another. The road widths provided for the ring road and access road are adequate for the automobile and occasional tractor - trailer traffic. The pavement surfaces are to be hard topped. They will be adequate for the control of dust and run -off of rainwater. There will be 40 parking spaces and will be handicap accessible. The loading area for the restaurant is at the rear of the site. The normal deliveries include two semi - trucks per week and one (bread van per day. There will not be deliveries accepted between 11:00 a.m. and 1:00 p.m. The driveway between the Plaza and the gas station will be narrowed. This is to help calm traffic through the Plaza. There will be a series of landscape islands constructed within the Plaza that will define the ring road for the Plaza. This has several safety benefits. There is a definition provided by these islands of where to park and where to drive. Pedestrians in the main parking area will be safer than they are at present. Pedestrians may choose to walk from the Plaza to Burger King will have a defined roadway to walk across. At present, there is no definition. PLANNING BOARD PAGE 13 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED There has been concern about traffic operations on Pine Tree Road. The daily volume of traffic on Pine Tree Road will be increased by a trivial amount. The expected increase of new cars will be hard to define. There has been a concern about stacking of vehicles at the drive - through window. When this site was chosen, there were a number of choices that had to be made. One of which was the size of the restaurant. There are larger and smaller restaurants. The size chosen is appropriate for the market area. The facility will be constructed as an integral part of the design. The internal and external features of the building are designed to accommodate pthe drive - through facility. There is adequate parking on this site. This site has been designed for a minimum of 6 vehicles to be stacked at the drive - through window. Each car is allowed 25 feet. There' will be adequate storage for 8 vehicles. Data collected from other drive - through restaurants showed that the service time for each vehicle is 40 seconds. The normal flow rate is 60 vehicles perk hour. The capacity is approximately 90 vehicles per hour. There is a 4% probability that there would be 6 vehicles waiting in line, three percent probability of 7 vehicles and 2% probability of 8 vehicles being in line. It would be a rare event when more than 8 vehicles are waiting in line. Mr. Herrick stated that he was referring to drawing G01, the vicinity map, There are existing paths for pedestrian and bicycle use. One path is along Pine Tree Road, runs through the Citgo property and terminates at the old Pine Tree Road alignment. The pedestrian path is a remnant of the old Pine Tree Road. They are proposing to construct a pedestrian path that connects with the path of CFCU. There are accommodations made for up to 3 bicycles to park and lock their bikes at the restaurant. Mr. Seldin stated that the site is compatible with its surroundings. Drive - through banks, bowling alley, car wash, and motel surround it. The site has adequate landscaping. The protection of adjacent properties and general public against noise, glare, unsightliness or other objectionable features have been addressed. The lighting does not have glare off site. The speakers on the menu board can be adjusted. There was concern about impact on property values. David Long, David Long Appraisers, stated that there are many different properties in the East Hill Shopping area. Burger King falls within the East Hill Shopping area. In an attachment, he tried to include photographs of the street scenes (See Attachment #3). He is trying to show that there are not any residential real estate properties. There are a few that might be able to see the Plaza. Most properties in the area do not see the Plaza. There is nearly 340,000 square feet of commercial rentable property at East Hill. This is half the size of the Pyramid Mall. Adding a 2,800 square foot Burger King is insignificant. It is less than 1 =% floor area. The property values in this neighborhood are not going to be affected by Burger King. The Village of Lansing has Pyramid Mall, McDonalds, and Pizza Hut in a confined area. In the subdivision adjacent to the Pyramid Mall parking, property values have risen. Other subdivisions nearby have also seen property value increase. People enjoy having more services and more things for them to go to. Mr. Seldin stated that there are adequate storm water drainage, water supply and sewage disposal facilities. PLANNING BOARD PAGE 14 SEPTEMBER 7, 1999 i APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED Mr. Herrick stated that this proposal would mitigate the increased; run -off from impervious surfaces. They have provided vegetative ways of dropping out the contaminants from the parking lot. Water and sewage connections were readily available on Ellis Hollow Road. Mr. Herrick stated that hydrant on the inner section access this site. Mr. Seldin stated that He stated that there are no archeological impact of the pi there are numerous access points to get to this property. There is a fire of East Hill Plaza and Ellis Hollow Road. Fire apparatus can easily all the plans have met and complied with New York State Fire Codes, environmentally sensitive areas, they did have a lot discussion of the loject on the site. ji At the Zoning Board of Appeals hearing, it was said many times that the applicant has been privileged throughout the proceedings. Members of the Planning Department have spent many hours developing these issues. They have thoroughly investigated these matters. Some of these things they have agreed with. Some they have not. Either side has not been privileged. Everyone Ir has done their best to raise legitimate issues. Ruth Mahr, 103 Judd Falls Road, stated that they were allowed a copy of the Final Site Plan on Wednesday, September 1. They worked through Sunday to develop a response to it. Monday ,was a holiday. Today, Kinko's copy machines broke down. Although copies were given to members 'of the board on Monday, they were unable to deliver other copies. One copy was delivered late this afternoon to John Barney's office. Their remarks are directed to the Final Site Plan. This is the site plan that the board should be addressing this evening. If there were a privilege it would be to come to a public hearing with a site plan that was not the official site plan. The board is to approve the Final Site Plan before them, not changes that have come before the boardlj this evening. The Public Hearing was advertised as being based on the Final Site; plan. It is not appropriate to introduce a new site plan. In seeking approval for the restaurant with a drive - through at the East Hill Plaza, the applicant has had an opportunity to be heard by the Planning Board and the Zoning Board of Appeals. Both boards have reviewed the proposal's suitability and standards set by the'', Town Zoning Ordinance. Due to concerns expressed by both boards, the applicant was asked to incorporate several conditions in the final application. The applicant is before the Planning Board for Final Site Plan approval. Their understanding of the Zoning Ordinance was that at the point the site plan was stamped received by the Town of Ithaca that application was final. There could be no more revisions. The Planning Board's job is either to approve that plan Uor disapprove it. They acknowledge that the board has likely been instructed that this approval can be only for good and substantial reason. Relying on Attorney Barney's letter to the East Hill Citizens' Association, they feel that there are good and substantial reasons for disapproving the Final Site Plan. The applicant has not met all the required conditions. The Final Site Plan is significantly different from the Preliminary Site Plan. The Final Site Plan has been changed. There were 1 PLANNING BOARD PAGE 15 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED identifiable errors of fact in the original application. The Final Site Plan does not meet some of the conditions set forth in the criteria under Section 46d of the Zoning Ordinance. There are five major points. The Final Site Plan has two major changes. Traffic exiting the site at the southern access is restricted to no left turn. Traffic circulation within the site and the vicinity of the East Hill Plaza will be altered by this condition imposed by the ;Zoning Board of Appeals in response to concerns of safety of the intersection. The impact of this change needs to be considered on the traffic pattern. A new large illuminated sign has been proposed for above the mansard roof. This sign replaces a proposed sign from the Preliminary Site Plan. This is the second change to the site plan. The new sign violates the spirit and intent of the Zoning Board of Appeal's denial of the proposed projecting sign. It violates the Town of Ithaca Sign Law. There is new information. Traffic safety on Pine Tree Road was a significant factor in the Planning Board's consideration of Preliminary Site Plan. Accident data fork, Pine Tree Road was not available at that time. The New York State Department of Transportation data on the high and growing incidents of accidents on the residential portion of Pine Tree Road has been obtained. (See Attachment #4) Mr. Napoleon has tried to minimize the impact of traffic on Pine Tree Road. More than likely a sign will be placed on Route 79 that would direct incoming traffic to Ithaca to a Burger jKing restaurant. The original consideration of this application was based on the applicant's traffic analysis. This analysis was based on errors of fact. The Planning Board and the Zoning Board of Appeals imposed conditions on the applicant. Many of these conditions have not been met. The Final Site Plan does not meet some of the criteria under Section 46 d of the Zoning Ordinance, Ms. Mahr stated that the first major change of the Final Site Plan was traffic circulation. The Zoning Board of Appeals agreed with their argument that safety was a problem. Rather than deny the application for Special Approval, they restricted a no left turn onto the access drive. They believe that this solution does mitigate some of the problems, but it will also cause new problems. Traffic exiting at this point wishing to go to East Hill Plaza can no longer make the left hand turn. They will either have to make an illegal left hand turn, make a right turn and drive around, or use the Burger King exit into the East Hill Plaza. This will encourage people to use the entrance at the Citgo Station. They may also choose to drive straight into the CFCU parking area and come out through the drive= through exit to enter into the Plaza. It will create new safety issues on the site. The second change is the sign. The applicant proposed a new sign in response to being denied a variance for a projecting sign. The new proposed sign is higher than the original proposed sign. The Zoning Board of Appeals feels that this sign would be facing an area rural in nature, a minimum number of streetlights, and has no other lighted commercial signs. The sign would be clearly visible from homes on Pine Tree Road. This sign would be detrimental to the character of the Ineighborhood, The new sign is in violation of the Town Sign Law. If this sign is approved, the PLANNING BOARD PAGE 16 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED Planning Board will be nullifying the intent of the Zoning Board of Appeals in protecting the neighborhood. Susan Shefter, 145 Pine Tree Road, stated that when the Planning Board considered Preliminary Site Plan approval, concerns were raised about the residential portion of Pine Tree Road. At the time the board did not have any safety data to consider. There is nel safety information from the New York State Department of Transportation. (See Attachment #4) Over the last 10 years traffic on Pine Tree Road has doubled. The number of accidents has also doubled. Twelve accidents are too many. Many people have to back out of their driveways. The shoulders are narrow and there are short sight distances. According to the Tompkins County i, Highway Department as many as 8% of cars are speeding. The Preliminary Site Plan Approval was based on a traffic study that had significant errors in it. Doctor Everett Carter confirmed these errors. His letter has been submitted to the board. (See Attachment #5) These errors have the result of underestimating the existing traffic by as much as 44 %. The numbers representing typical weekday midday traffic were often based on traffic numbers collected on Saturday. The numbers shown for Saturday were the number of cars counted on II Sunday. This is can be seen by checking the dates on a calendar. The applicant has insisted that all traffic counts were taken while Cornell University was in session. The dates in the traffic study show that the traffic counts were taken over Thanksgiving weekend. (See Attachment #6) The existing Iraffic for rush hour on Pine Tree Road is underestimated. Peak hour counts were taken after the real peak traffic hours. This is represented on the graph of Attachment #5. Eleven a.m. to 1:00 P.M. is the peak period for this restaurant. It is also the exact period for which data is missing or incorrect. These errors underestimate the existing traffic and the traffic impact ofj the drive - through. The Preliminary Site Plan Approval was based on this data. Hollis Erb, 118 Snyder Hill Road, stated that there were three conditions that the Planning Board set. Prior to Final Site Plan Approval, the granting of any necessary, sign variances needed to be obtained. There are 3 signs of concern. One is the newly positioned sign on the roof. It violates Town Ordinates and the spirit of the denial of the Zoning Board of Appeals.!I There are 2 freestanding signs. One is the pole sign and the other is the menu board sign. The Town of Ithaca Sign Law clearly states that two freestanding signs are allowed only !if the proposed facility is accessible from a street, a public thoroughfare. There is no such access from the restaurant directly to a public thoroughfare. Prior to Final Site Plan approval the Planning Board's ruling was revision of the landscaping plan for the proposed East Hill Plaza parking lot improvements, sheet C06 Landscaping Plan 7/3/96. These required revisions have not been submitted for the Final Site Plan jreview as required. As a condition, submission of evidence satisfactory to the board that snow removal would occur in a manner that would not require stock piling on the site. The applicant has responded that Cornell University will prepare and submit to the Town a statement addressing snow removal operations for the Plaza parking lot. This required evidence has not been submitted as part of the official Final Site Plan review. PLANNING BOARD PAGE 17 SEPTEMBER 7, 1999 } APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 - APPROVED -APPROVED -APPROVED Ms. Erb stated that they feel there are conditions placed by the Zoning Board of Appeals that have not been met. The execution of an agreement by the applicant for a regularly scheduled policing of the area by the applicant to pick up litter. This agreement is not part of the filed Final Site Plan. The execution of an agreement by the applicant that if excess stacking of cars in the opinion of the Planning Board occurs, the developer will submit a proposed modified site plan. The execution of ' this agreement is not part of the official Final Site Plan application. It is niot clear that this solution would work or how it would work. This is something that should be solved prior to receiving site plan approval. The Special Approval was conditional upon fulfilling conditions imposed by the Planning Board. The applicant has not complied with these conditions. Ms. Erb stated that they feel that the Special Approval is nullified. Muriel Brink 206 Tudor Road, stated that Attorney Barney has indicated that it is appropriate for the Planning Board to accept comments pertaining to criteria specified in Section 46d of the Town of Ithaca Zoning Ordinance. Many of the concerns pertaining to the adequacy, arrangement and location of vehicular access and circulation have been addressed. Additional concerns relate to the problems of truck deliveries and the potential arrival of chartered buses. They understand that buses will be allowed to stop at Burger King. Can buses safely enter and exit the parking lot? Are there adequate parking spaces and turning radii for the turning buses? They are concerned about pedestrian access and circulation. They are also concerned about the control of the intersections. The Final Site Plan does not include a crosswalk on the access off Ilis Hollow Road. It is not clear from the plan how the sidewalk from the' east side of the East Hill Plaza links up to the Burger King site. If an asphalt walkway indicated in the site plan links up to the walkway directly opposite the CFCU property, a pedestrian crossing is very dangerous. There is a high volume of traffic on the road. The turning movements, the numbers of driveways and lack of traffic control devices make this a very dangerous situation. It would be taking your life in your hands if you chose to walk across the intersection. Another criterion pertains to the design and general site compatibility of buildings, lighting and signs. This criterion has not been met because no color diagram or sketches of the Burger King building were submitted as part of the Final Site Plan. No color scheme of the building has been submitted for approval. The overall impact of lighting has not been considered. There are eight pole lights on site in addition to numerous illuminated signs not on mounted poles. A large window space in the restaurant will result in considerable light spillover at night. The next criterion is the protection of public interest against noises; glare, and unsightliness. Another concern is that Rowe Restaurants Inc has stated that the hours of operation will not exceed 6:00 a.m. to 11:00 p.m. However these hours of operations were not included in the Final Site plan application. The concern is that once they are open the hours will be exten''ded. One criterion was not addressed until this meeting. and other emergency provisions. The Final Site Plan has not in compliance with sign law. This dealt with Tithe adequacy of fire lanes two nonconforming signs. Therefore it is PLANNING BOARD PAGE 18 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED - APPROVED Rowe Restaurants Inc has not met the conditions and therefore approval should be denied. Mr. Seldin stated that the new sign is 15 square feet. This does not require a variance. The menu board has been determined by the Zoning Board of Appeals that it is not a freestanding sign. 'There were a number of comments about conditions that have not been met. These conditions need to be satisfied before a building permit can be issued. It is not uncommon to have a condition that imposes an agreement to be drafted by the Attorney for the Town that will bind the applicant to the conditions. The wealth of information that has been heard is regarding the traffic issues. Mr. Napoleon stated that someone mentioned an off premise sign on Route 79 advertising Burger King. There needs to be an application for this sign. An application has not been made. Another statement was made regarding the number of accidents on Pine Tree Road from Route 79 to Ellis Hollow. There is no documentation indicating where the accidents took place or when they took place. It was not indicated if traffic volume was a factor in the accidents. There will be a crosswalk across the intersection linking walkways. The intersections will be operated safely. On page four of Doctor Carter's report, item d1 it is mentioned that the stacking spaces are inadequate. At the end of the peak hour, it states that 24 of the 58 vehicles are still in cue. This is an error. The service time at a drive - through window is 40 seconds, not 1.75 minutes or 3.5 minutes. Larry Turchin, Traffic Solutions, stated that he prepared the traffic study. The traffic impact ,study was prepared in accordance with the National Standards. The criteria he followed were the Institute of Transportation and Engineers Documentation. Every document used was National documents and standards. The State of New York performed the traffic count on Route 366- traffic count that was mentioned to be done on the weekend. When he called the Assistant to the Regional Director he stated that they do not do counts on weekends. The study was reviewed thoroughly by Mr. Kanter and his staff. If they had found technical errors in the documents they would have asked them to be corrected. Mr. Turchin stated that he does not count on holidays. Mr. Turchin stated that he has a letter (See Attachment #7) from Mr. Hungerford, Tompkins County Highway Manager, regarding the accident histories around the development. The table presented by the opponents is incorrect. Accident rates are not increasing. The numbers are based on the class system from the State of New York. They have a node number at each of the intersections. When someone requests accident numbers, they give a total; between the intersection. The chart includes accidents between the intersections and accidents at the signalized intersection. The intersection has also been changed. The accident characteristics change when the physical change took place. The accident rates are not high. There have been statements that there will be a lot of traffic added to the roads. Burger King is going to add one new round trip to the area road system every 75 seconds. The peak hours that they counted are standards in the industry. The Town reviewed these time periods. The Town reviewed the procedures used in preparing the report. Bob Rowe, Rowe Restaurants, stated that the red band was removed from the sign. It is the same sign only without the red band. They tried to move the sign up onto the wall to make it a legal ,wall sign. If the board determines it is not acceptable, he has been able to get Burger King to allow PLANNING BOARD PAGE 19 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED him to use the same sign at a different size. They are going to mount it on the mansard roof at 15 square feet. It will take 6 months for them to get the sign at twice the cost. 1 This is why they did not originally offer a sign that was 15 square feet. He was not aware of the fact that it could be done. It was mentioned that this is the only sign facing the south. The Citgo has signs facing the south. There is also a sign at the Ellis Hollow Road entry to the shopping plaza. It was stated that if someone wanted to enter the Plaza from Burger King that the vehicle would drive out the service road entrance, onto Ellis Hollow Road, then Pine Tree Road and through the P &C entrance or cut through the gas station. If someone is exiting the drive - through and you wish to go into the shopping center, you will make a left through the Burger King parking lot to get to the shopping center. There is no reason for someone to drive around the block. There will be landscape islands across from the exit to control the traffic. There has been a lot of discussion about the amount of traffic on lithe residential portion of Pine Tree Road. The traffic counts show that there are over 10,000 cars a day on Pine Tree Road between the shopping center and Route 366. There are 4,000 cars between Ellis Hollow Road and Route 79. There are approximately 2,000 cars on each of the other roads The majority of traffic is coming out of the north. It is logical to come to the conclusion that the majority of customers will come from the north. The graph showing the traffic peaks show high counts in the a.m. and the p.m. They show a much lower count in the middle of the day. His experience is, 11% of his business ,;is done before 10:30 a.m. From 10:30 a.m. until 2:00 p.m. they do 58% of their business. From 2:00 p.m: until closing time they do 31% of their business. The store in Tully, NY has 22,000 cars a day going by it. There are hardly customers at dinnertime. The Burger King on' Route 13 from 5:00 p.m. to 5:45 p.m. 12 cars went through the drive - through. He has 2 Burger King highway sites. They do get occasional buses. When the store in Tully first opened there were a lot of buses. Then buses were no longer stopping. Bus companies want buses to be in and out of a site in 10 minutes. They like the buses to stop" at a location where there are multiple facilities. There may be some buses that stop. Martha Robertson, 1655 Ellis Hollow Road, stated that many Town ljof Dryden residents have express opposition to this project because they believe it will affect them. She lives 3 or 4 miles from the site. She routinely picks up McDonalds litter from her yard. There is no, t a McDonalds anywhere near her home. People do not tend to throw away their trash when there is still food in it. Within a quarter mile, people are still eating. It is insufficient for the litter that will be created in all directions. The senior citizens at the Ellis Hollow Road Apartments have submitted a petition in favor of Burger King. Her mother -in -law used to live in the apartment complex. She routinely shopped at the East Hill Plaza. The proposal does include landscape islands to create a ring road. It is long overdue and should not be tied to the Burger King proposal. It should be' required anyway. This is insufficient when you look at how cars will be driving through the Plaza. Burger King will create and attract the senior citizens. It is a dangerous situation for them and it is not adequately addressed. PLANNING BOARD PAGE 20 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED Joel Harlan, Town of Dryden, stated that every time a business wants to establish itself, everyone has a problem with it. Growth is needed. Houses cannot be seen from the Burger King site. Cayuga Heights has Community Corners. It will get worse with North Campus. If the board denies Burger King it should deny North Campus. Everyone is against growth. The colleges are growing and the communities are not. Charles Geisler, Town of Dryden, stated that he does a lot of his banking and shopping in the East Hill Plaza area. He appreciates the information that the East Hill Citizens' Association has brought in response to things that people have concerns about. There have been numerous attempts to minimize concerns that have been raised. Mr. Long stated that the Burger King real estate footprint is 1% of the East Hill Plaza area. If this is referring to the small building lot it is accurate. On the other hand, drainage, air pollution, cueing and littering this,, is not true. There is a fair amount of contradictory evidence that has been brought before the board. He hopes that the board will find a third impartial source of information. Mr. Geisler stated the arrangement and location of vehicular access and circulation concerns him. There could be very few cars on a very minimal road and it might not be an adequate situation. The traffic counts are relevant to the capacity of the road. The service road has no shoulder. Joggers' have to jog in the road because there are no facilities for them. If it were winter, they would not have anywhere to go. It will be difficult for people to see when pulling out from the various facilities inl the evening. The glare ,,from the headlights will make it difficult to see. Before this plan was introduced, the service road serviced East Hill Plaza, Tompkins County Trust Company, and the hotel. It will now be loaded with traffic. A lot of traff ic is oriented to use this road. Gordon Rowland, 1166 Ellis Hollow Road, stated that there is no research showing the need for the restaurant. A petition was submitted this evening with 50 signatures supporting the drive= through. There was a previous petition with a couple hundred signatures that did not address a drive - through but supported a Burger King. Another petition was submitted that opposed the Burger King. If the applicant is required to demonstrate need, it has not been demonstrated. Probabilities were mentioned regarding the stacking of cars. It was Ilmentioned that there is a probability of .2% that 8 cars would be stacked. The notion was that this was rare. This is not rare. Eric Mendelson, 98 Hickory Circle, stated that he drives does a lit sign of this nature fit in with the neighborhood? The footprint of the building. Mr. Napoleon stated that there are no based on the current traffic flows. This is not believable. Then seek greater traff ic. People traveling from the east side of Ithaca slight increase in traffic past the schools is too much, by the shopping center signs will jstand out far expectations for added might be a plan down will have to come past 2 daily. How beyond the traffic. It is the road to schools. A The reference to buses arriving and the lack of other drive - through restaurants to draw the buses has the reaction of not yet. He worries about what may come of drive- through restaurants in this area. People do not know what your successors may do. PLANNING BOARD PAGE 21 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED- APPROVED -APPROVED Shelley Blackler, Knitting Solutions, stated that she operates a business within the quarter mile that Mr. Rowe is going to pick up litter otherwise she is going to collect it and dump it in his store. She does not think that the public is worried about commercial buses coming on long trips. They are worried about team buses coming in from Cornell University. She is concerned about the signs. She feels the menu board is a freestanding sign. Mr. Rowe is working very hard to make this happen and to be a responsible developer. Ms. Blacker stated that East Hill Plaza has been redone over the years. The Citgo sign is terrible. She does not notice the Citgo sign because she notices the trees. if Hill Plaza has had a lot of businesses. Some of them seemed as if they would succeed. Mr. Rowe stated that 55% of his business would come from drive - through. Many people want this restaurant to get dinner on their way home from work. The Burger King might not do as well as expected. What would happen to the building if this happens? There was not a variance given to have the second freestanding sign in the rear of the yard. The Sign Law prohibits a sign to be on, over, or above a roof. Susan Riley, City of Ithaca, stated that Andy Frost stated at the Zoning Board of Appeals July 28�' meeting that the menu board was freestanding. The sign does not' comply because it is a second freestanding sign. Tom Murray, Courtside, stated that as a business owner he could appreciate what the applicant has gone through. This is a good deal. Cornell University was supposed to do substantial renovations to this parking lot and they did not. There is an opportunity to improve this parking lot. Cornell University has every right to lease to Burger King. They have gone through the process. Mr. Murray stated that he would be shocked and scared as a business owner if this is not approved. They have done what they need to do. There are emotionally based objections to the project. There is very little substance to the arguments. Do the right thing for the community as a whole and vote this through. Robin Seeley, 332 Hurd Road, stated that she has worked the closest with Doctor Carter. There seems to be a major disconnect between Burger King's traffic engineer and the community that feels that it is untrue. The major disconnect is that the traffic estimates were based on typical community settings. On the edge of Cornell University is not the setting for a typical setting. If people want to go to the drive - through and then change their mind where dwill they go. There is no other drive - through restaurant to go to. They will stick it out if they want drive- through food. The stacking problem seems to be based on 80 or 90 vehicles per hour through ithe drive - through. This is less than a car a minute. For six months, she has timed how long it takes to get through the drive - through. It is usually 3 minutes. Ms. Seeley stated that she has never seen anyone go through a drive - through in 40 seconds. Adding a crosswalk on the service road will contribute to the traffic problem. People are going to try to cross through the CFUC, TCTC and Burger King driveways. This will be difficult. They have #submitted a table of errors in the traffic report. (See Attachment #8) Most of the errors occur when PLANNING BOARD PAGE 22 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999- APPROVED - APPROVED - APPROVED they are trying to estimate existing midday traffic. Several of the numbers for midday traffic come from Saturday. They did receive accident rates from the New York State Department of State. Mr. Hungerford did not have the most recent data for Pine Tree Road. There are between 12 and 14 accidents for this section of Pine Tree Road. Any sign on a roof is nonconforming. The menu board is a second freestanding sign and it needs a variance. It also needs a variance to be placed in the back of the property. The pole sign needed a variance to be placed in the back of the property. Why would another freestanding sign not need a variance to be in the back of the property? The situation in Ithaca is very different from Tully. The two cannot be compared. With no other persons to be heard, Chairperson Wilcox closed the: public hearing at 10:40 p.m. Board Member Ainslie asked if they could vote on the Final Site Plan because the opponents feel that they are in error. Attorney Barney stated that the agreements were not required until the Certificate of Occupancy was issued. It is not an element that needs to be done at this meeting. Mr. Kanter stated that the Town has a letter from Cornell University dated August 31, 19992 which indicates how snow removal will be handled from the Burger King lot. The landscape plan has Peen revised. There is a new sheet number, L01, which does have the revised landscaping. Attorney Barney stated that Mr. Frost had interpreted the sign on the basis that the menu board was an informational sign and therefore exempt under the Ordinance. Chairperson Wilcox stated that Mr. Frost has indicated that the sign proposed in the materials that were received in the mail is nonconforming. As Director of Building and Zoning it is Mr. Frost's decision. The applicant can appeal that decision to the Zoning Board of Appeals. Chairperson Wilcox stated that the signage is an area of distinct disagreement. The signage proposed when they received the applicant's materials has been determined to be nonconforming by Mr. Frost. The applicant then submitted a modification to change the sign to 15 square feet, which meets the zoning requirements for signage. Board Member Thayer asked if the change is acceptable. Chairperson Wilcox stated that Mr. Frost ruled that the sign as proposed did not meet zoning requirements. Attorney Barney stated that the proposed change does meet the requirements of the Sign Law, Board Member Hoffmann stated that she was not present at the Preliminary Site Plan approval. She did send her comments in writing to the board. Some of these issues were dealt with °and some were not. Her main concerns are the same as before. She has concerns of traffic and PLANNING BOARD PAGE 23 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED congestion within the Plaza. The increased traffic through the Citgo station is also a concern. The proposal might not be enough to make the situation better. Mr. Napoleon mentioned that there are traffic calming measures, but they were not described. The narrowing of the opening between the gas station and the Plaza was mentioned. Chairperson Wilcox stated that it is a combination of the narrowing from 60 feet to 30 feet. "There is also the addition of the continuous Landscape Island across the opening. Board Member Hoffmann stated that she is concerned about pedestrian access. The measures being proposed are not enough. People will have to walk in the road. It would be safer to use the existing walkway that does not go through the CFCU lot. Chairperson Wilcox stated that he wants to make sure that this board concerns itself with new information, different information, different circumstances and new material, presented. He does not want this board to go back and revisit all the decision making process that was completed at Preliminary Site Plan approval. It is not the appropriate use of this board's time to go back and review the entire decision making process that they made. Board Member Hoffmann stated that she does not have any intention of going into everything that was discussed. The landscaping needs to be addressed. She made very specific suggestions. .It may have been discussed, but the minutes do not show it. Mr. Kanter stated that the board did receive the memo that was sent. Everyone had it to consider. It might not have been verbally discussed at the meeting, but they were aware of the comments. Attorney Barney stated that there was no timeframe in which the, agreements were to be signed on the trash pick up and stacking. The proposed resolution suggests that these agreements be done prior to the issuance of the certificate of occupancy. Board Member Mitrano stated that she voted against the Preliminary Site Plan approval. She stated that she would be voting for the Final Site Plan. She is uncomfortable about the information with regard to traffic. The traffic volumes and pedestrian problems in the area are very significant. This is a problem larger than Burger King is. It has to do with design problems. She hopes that the County will address the problem. It is not being addressed by focusing only on Burger King. Board Member Mitrano stated that she voted against Preliminary Site Plan approval because she believed that Burger King is not consistent with the overall plan of the Town of Ithaca. Ithaca is a unique area. She did have specific concerns about property values. They are not the issues before the board now. The board must look at the Preliminary Site Plan because it did pass. The board is bound to reflect on that decision. There have not been any changed circumstances. Board Member Mitrano stated that as a result she would vote in favor of the Final Site Plan. PLANNING BOARD PAGE 24 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED Board Member Conneman stated that he did vote in favor of Preliminary Site Plan. One of his concerns was the traffic problem. Most of these concerns have been addressed. Traffic engineers always puzzle him. They can produce what you want them to say. None of them are independent. They make statements based on their views of the world. He is concerned about pedestrians. He finds that in Ithaca there is a unique situation. There are joggers that do not pay attention to their own safety. People on bicycles do not pay attention and cut in front of vehicles. Students believe that they are immortal and step in front of vehicles. He is afraid that he will hit someone someday because they make assumptions. These problems cannot be solved. They can be addressed and the board can try to slow people down. Most of the traffic problems have been addressed. Board Member Conneman stated that he used to cut through the Citgo station. His only concern is that they hold Cornell University to installing the landscape islands. Attorney Barney stated that the landscape islands are built into the project. Burger King cannot open until the changes to the Plaza have been made. Board Member Ainslie stated that Cornell University owns the property and they leased it to Burger King. The property is zoned commercial. The Planning Board has to look at a piece of property zoned commercial. They try and hold commercial businesses to the various criteria that they must follow. The board is charged with deciding what to do with a piece of commercial property. The opposition should have gone back to Cornell University. The board is trying to do their job. Board Member Thayer stated that the applicant has gone further than anyone that has come before the board. They have gone above and beyond anything that they have asked of anyone else. Nothing has changed my opinion. He stated that he would still vote in favor of Burger King, Board Member Hoffmann stated that she needs clarification on some of the issues before she can make a decision. At the Zoning Board of Appeals meeting, there was a suggestion to have an alternative stacking plan for the future if it proves to be a problem. It was stated that Burger King would consider adding another lane for the drive - through within the shopping plaza. This is not feasible. There is not enough room. Mr. Kanter stated that one of the alternatives was to cut into the Burger King frontage on the Plaza area creating more stacking space in the parking lot. Board Member Hoffmann asked if there would be enough room for cars to make the turn in order to join the drive - through line. Mr. Kanter stated that it is something that would need to be looked at when and if the time comes. Board Member Hoffmann stated that she would like to look at it now to see if it would be a possible alternative in the future. PLANNING BOARD PAGE 25 SEPTEMBER 7, 1999 j APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED Mr. Kanter stated that many engineering studies of different alternatives would need to be done. It is unknown at this point if it is necessary. Board Member Thayer stated that required drawings are not necessary unless there is a proven problem. Board Member Hoffmann stated that it might be too late then. Mr. Kanter stated that it could be done, but he is not sure how it could be done. It is not known until the engineering study is complete. Board Member Hoffmann stated that this is something that she would like to know before she can make a decision. The proposed resolution refers to an alternate plan. She feels that there will The conflicts between cars and pedestrians on the access road. Board Member Ainslie stated that he does not want to rehash items that they have already addressed. Board Member Hoffmann stated that she has not heard anything about how the public transportation will circulate in the Plaza or in Burger King. She has not heard anything about there ,being a bus stop near Burger King. Board Member Hoffmann stated that she does not feel that the °no left -hand turn will help. It might create problems and conflicts at that intersection. Board Member Thayer stated that no one would stop people from turning left. Board Member Hoffmann asked if the new sign would be lit. Mr. Rowe responded that the sign would be back lit. It produces 162.4 lumens. A one hundred -watt light bulb put out 1,710 lumens. The face allows 28% of the lights through. The light cannot be seen from the sides. It can only be seen from the face. Board Member Hoffmann stated that the Town has a received a letter from Cornell University stating that they will remove the snow from the Plaza. The letter is very vague. It is not enough to feel that this is a commitment from them. The letter for snow removal does not state where the snow would go. Another letter addressed the interior Plaza road and the traffic islands. It does not specify if the traffic islands would be landscaped. Mr. Kanter stated that the islands would be landscaped. It is in the approved site plan. The landscape islands will need to come back to the Planning Board for an approval of the modifications shown. The conditions in the resolution make it clear that the islands will be landscaped. Board Member Hoffmann asked if there is a definite plan for snow removal. PLANNING BOARD PAGE 26 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED - APPROVED Mr. Kanter stated that the condition in the original resolution wanted evidence that Cornell University would remove the excess snow from the Plaza. Board Member Hoffmann stated that she does not want this snow shipped to another community. She would like to know specifically where the 'snow would go. Mr. Long has stated that the property values would not be affected. She is not sure if this is true. It 'depends upon what kind cf property is being talked about. Apartment houses might increase in value because of this. This is not true for single - family homes in the area. Another person testified in a letter that property values would be negatively affected. Board Member Hoffmann stated that her proposal for the landscaping included putting trees and shrubs from the eastern boundary to the westernmost boundary with the Citgo station. It would be beneficial to have a much denser buffer. It is appropriate to have a vegetative buffer. The plantings that are proposed are too small in scale. Chairperson Wilcox stated that the applicant did not bring the site plan that she is referring to. It is not the final site plan before the board in terms of landscaping. There is significantly more landscaping shown on L01. It may have been the original proposal. There are 257 plantings being proposed. Some of the plantings are small, but some are 8 to 10 foot trees. t Board Member Hoffmann asked how many of the plantings are similar to the trees being removed. Mr. Rowe responded that there are 15. Board Member Hoffmann stated that there are no hardwoods on the plan. A mixture of trees would fit into the site better. Mr. Kanter stated that there are crabapples in the landscape plan. Board Member Hoffmann stated that 5 of the 15 trees are along the eastern border and not along the road. She feels that more trees need to be along the road. Board Member Hoffmann stated that she is able to see East Hill Plaza from her home. She does not see it all year long. During the winter she is able to see the Plaza. Chairperson Wilcox stated that he has gone through section 46d and they have been reasonably and adequately addressed. He is concerned about the conflicting traffic information. The job of the Zoning Board of Appeals is to be an arbiter. Their decision was independent of any decision of the Planning Board. The lighting poles have been looked at. The signage has been addressed. He is happy that the freestanding sign is in the back. i Chairperson Wilcox stated that Mr. Rowe graciously accepted to pick up litter and trash. By making that offer the Zoning Board of Appeals put it in as a condition. He stated that he has thought PLANNING BOARD PAGE 27 SEPTEMBER 7, 1999 ? APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED about this quite a bit. There are people who drive with their stereos blasting. They are polluting the air. People who go to Burger King are potentially polluting the ground. Should the stores that sell the CDs or the businesses that install the stereos be liable for the loud music? Why hold Burger King liable for trash and a different kind of pollution? The offer will help. He continues to have concerns about the traffic through the Citgo. The other issue is what the board is approving at this time. The board voted for Preliminary approval. This vote is different from that vote. Burger King was granted Preliminary Site Plan approval. The approval was not based on a concept or sketch, but a significant amount of materials presented. They set a number of conditions. The applicant has complied with the conditions. It does not mean that he is in favor of this proposal, but it was the will of the board to approve it. It is not appropriate at this point for it to be denied. MOTION made by James Ainslie, seconded by Lawrence Thayer. WHEREAS: 1. This is consideration of Final 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. Said proposal will ;s 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 -2 -1.22, Business "C" District Cornell University, Owner; Rowe Restaurants, Applicant/Agent, and 2. The proposed Site Plan and Special Approval were originally classified as 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 11 Actions list, the Town of Ithaca Planning Board received notice on April 6, 1999, that the proposal in question was listed as a Type ll Action, thus requiring no further environmental review, and 3. The Planning Board, on May 18, 1999, did grant Preliminary Site Plan Approval with conditions for the proposed project, and 4. The Zoning Board of Appeals, on July 28, 1999, did grant Special Approval with conditions for the proposed project, and 5. The Planning Board, at a public hearing held on September 7, 1999, has reviewed and accepted as adequate application materials presented by the applicant, including a "Design Review Application = Final Site Plan" (September 7, 1999), which includes a "Vicinity Map" (GO 1), "Layout i Plan" (COI), "Grading & Drainage Plan" (CO2), Stormwater Management Plan" (CO3), "Utility Plan" (C04), three sheets labeled "Site Details" (CO5, C06, and C07), and "Landscape Plan" PLANNING BOARD PAGE 28 SEPTEMBER 7, 1999 1 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED - APPROVED (L01), all prepared by T.G. Miller, P.C., and dated 8/12/99, and additional information provided by the applicant. NOW THEREFORE, BE IT RESOLVED: That the Planning Board makes the following findings: 1. The proposed roadways and traffic with the manner in which the stacking has been designed, the location of two modes of ingress and egress and inclusion of the no left hand turn exit out the southerly exit, are designed adequately, 2. The inclusion of walkways, the addition of a designated cross walk area, and the provision of an agreement to alleviate any stacking problem has provided adequately for pedestrian and other access, 3. The location of the building on the site, the location of signs, the parking and traffic lane, the proposed lighting fixtures and features are adequately designed and located, 4. The revised landscaping plan provides for adequate visual and noise buffers for the activities on the property and activities on adjoining lands, 5. The project has been designed to properly protect adjoining properties against noise, glare, unsightliness or other objectionable features, 6. As indicated by the Director of Engineering the storm water and drainage facilities have been adequately designed. The property is on public water and public sewer, 7. Fire lanes and other emergency matters are adequately provided for, 8. There are no significant environmentally sensitive areas on the property or affected by the proposal, 9. The project otherwise complies with applicable zoning ordinance and other rules, regulations and policies. AND BE IT FURTHER RESOLVED: 1. That the Planning Board hereby grants Final 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 "Design Review Application = Final Site Plan" (September 7, 1999),, which includes a "Vicinity Map" (G01), "Layout Plan" (C01), "Grading & Drainage Plan" (CO2), Stormwater Management 1 Plan" (CO3), "Utility Plan" (CO4), three sheets labeled "Site Details" (C05, C06, and C07), and PLANNING BOARD PAGE 29 SEPTEMBER 7, 1999 APPROVED -APPROVED -APPROVED -DECEMBER 21, 1999 -APPROVED -APPROVED -APPROVED "Landscape Plan" (LO1), all prepared by T.G. Miller, P.C., and dated 8112199, and additional information provided by the applicant, subject to the following conditions: a. The installation and /or improvements of landscaped, curbed traffic islands by Cornell University in the East Hill Plaza parking lot as shown on the "Vicinity Map" (GO 1) and "Layout Plan" (CO1), which is a modification of the previously approved East Hill Plaza Parking Lot Improvements plan, as follows: (1) Submission of a revised landscaping plan for the proposed East Hill Plaza Parking Lot Improvements, Sheet C06, entitled "Landscaping Plan," dated July„ 3, 1996, for review and approval by the Planning Board, to include the additional and modified curbed and landscaped islands that have been incorporated into the above - referenced Burger King plans. No building permits shall be issued for the Burger King development until and unless such approval is granted by the Planning Board, and (2) Said landscaped islands and improvements shall be completed prior to the issuance of a Certificate of Occupancy for the Burger King Restaurant, and a. All utilities shall be installed underground, and b. Submission of construction details of all proposed structures, roads, water /sewage facilities, and other improvements for approval by the Town Engineer, prior to issuance of any building permits, and c. The freestanding sign shall be located in the rear yard and its height shall not exceed 20 feet from ground level, and d. Submission of an original or mylar copy of the final site plan drawings (GO 1, C01, CO2, C037 C041 CO51 CO61 C07, and L01) prior to 'issuance of any building permits, to be retained by the Town of Ithaca, e. The premises shall be kept reasonably free of litter, and f. All exterior lighting shall be designed and installed so that there is no upward spillage, no glare, and no spillage off of the premises, and g. Execution of an agreement by the applicant, prior to the issuance of any certificate of occupancy, satisfactory to the Director of Building and Zoning, Director of Planning and the Attorney for the Town pursuant to which a regularly scheduled (at least twice weekly) policing of the area within one quarter mile of the facility and along Pine Tree Road from the Mitchell Street intersection and its intersection with Dryden Road, and along Mitchell StreeVEllis Hollow Road from the Ithaca City line to the Game Farm Road is done by the applicant to pick up any litter generated by the proposed restaurant, and PLANNING BOARD PAGE 30 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED h. Execution of an agreement by the applicant, prior to the issuance of any certificate of occupancy, satisfactory to the Director of Planning, Director of Building and Zoning and the Attorney for the Town that if excess stacking of cars at the drive - through in the opinion of the Planning Board, occurs on an unreasonably frequent basis, the developer will submit a proposed modified site plan to the Planning Board providing additional stacking length satisfactory to the Planning Board. i. The hours the facility is open to the public be limited to no earlier than 6M00 a.m. and no later than 11:00 p.m. j. Crosswalk to be painted on site plan to connect the walkway from the east across the southerly entrance drive. k. Prior to issuance of a building permit submission of a letter or other evidence satisfactory to the Director of Planning and Director of Engineering as to the actual location of where Comell is to place.excess snow from Plaza. L Submission of a revised front (south) elevation drawing of the building prior to issuance of any building permit eliminating the proposed 22.4 square foot building sign above the mansard roof, and substituting a projecting !'sign on the mansard roof of the elevation of the building, not exceeding 15 square feet in size, as permitted by the Town of Ithaca Sign Law, and such sign shall not be higher than 12 feet from the ground level at its highest point. Me Submission of revised landscape plan L01 prior to issuance of building permit to show additional trees, including a mix of evergreen and deciduous, on the southern and western parts of the site and along the proposed pedestrian walkway, subject to review and approval of the Director of Planning. AYES: Wilcox, Conneman, Ainslie, Mitrano, Thayer. NAYS: Hoffmann, The MOTION was declared to be carried. AGENDA ITEM: OTHER BUSINESS. Mr. Kanter stated that he needs to know who would like to attend the New York State Planning Federation Conference. It is October 17th to the 20th Daniel Walker, Director of Engineering, stated that this board created an illegal action. There was a small piece of land subdivided off to be transferred to the Village of Cayuga Heights. The village line divides the two parcels. Two parcels cannot be consolidated over a village line. There will i,be a deed restriction on the parcel preventing it from being sold separately from the other parcel. PLANNING BOARD PAGE 31 1 SEPTEMBER 7, 1999 APPROVED - APPROVED - APPROVED - DECEMBER 21, 1999 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that the Town Engineer is given the authority to make minor, practical modifications. It is a practical solution. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the September 7, 1999; Meeting of Town of Ithaca Planning Board duly adjourned at 11:43 p.m. Prepared br. i &V . , . 6* Carrie L. Coates, Keyboard Specialist/Minutes Recorder ,i t i September 7, 1999 To the Planning Board of the Town of Ithaca From residents of the Ellis Hollow Road Apartments, 1028 Ellis Hollow Rd., Ithaca, N.Y. 14850 Dear Planning Board members: We are signing this letter to acknowledge our support for the Burger King project at East Hill Plaza. We want to make it clear, that we fully 'understand what this restaurant will look like and what services it will offer. We know that it will have a drive -up window for serving those who do not want to walk inside during winter storms, or for those who have other (reasons for not going inside for service. It is also clear to us that it will need adequate lighting, signage, and parking. It will also offer senior citizen discount programs, clean "public restrooms, full handicapped accessibility, indoor and outdoor, seating, & 'affordable food and beverages. We will be able to walk to the facility via the existing footpath across the CFCU premises and the footpath that the Burger King will build to connect this one to the restaurant. In our opinion this will not create a safety hazard and will provide us with adequate access to the building. This restaurant will be located inside an existing commercial area and will increase the services that are available to all the people who frequent the area. This shopping center is no more dangerous than any other Ilshopping center, and the additional traffic generated by adding a Burger King would not create an unacceptable hazardous situation. We are fully aware of what it would look like, how it would be laid out, and how it would operate. We senior citizens appreciate your concerns, but this project has our wholehearted support. Sincerely, /* ' T 0 11 t ATTACHI1ENT 141 IV II 2 MA JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT James Napoleon graduated from the Newark College of Engineering, Newark, New ,jersey with a Master of Science in Civil Engineering Degree in 1974. During his undergraduate work at the College, completed in 1969, he earned membership in the Chi Epsilon and Tau Beta Pi honor fraternities. A registered Professional Engineer in New York and New Jersey, Mr. Napoleon is a member of the National Society of Professional Engineers and the.American Society of Civil Engineers. He is also a member and a past president of the Upstate New York Section of the Institute of Transportation Engineers. Mr. Napoleon is an Adjunct Professor at Syracuse University where he teaches courses in Transportation Engineering and Planning and in Traffic Flow Theory. Mr. Napoleon began his professional career in 1969 with the Bergen County Department of Public Works in Hackensack, New Jersey. His responsibilities included traffic design and operation. In 1975, he was given the "Distinguished Safety Service award of the American Automobile Association for his work in identifying and correcting pedestrian safety deficiencies. Between 1975 and 1982, Mr. Napoleon served as the City Traffic Engineer of Syracuse, New York. His technical i JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT James Napoleon graduated from the Newark College of Engineering, Newark, New ,jersey with a Master of Science in Civil Engineering Degree in 1974. During his undergraduate work at the College, completed in 1969, he earned membership in the Chi Epsilon and Tau Beta Pi honor fraternities. A registered Professional Engineer in New York and New Jersey, Mr. Napoleon is a member of the National Society of Professional Engineers and the.American Society of Civil Engineers. He is also a member and a past president of the Upstate New York Section of the Institute of Transportation Engineers. Mr. Napoleon is an Adjunct Professor at Syracuse University where he teaches courses in Transportation Engineering and Planning and in Traffic Flow Theory. Mr. Napoleon began his professional career in 1969 with the Bergen County Department of Public Works in Hackensack, New Jersey. His responsibilities included traffic design and operation. In 1975, he was given the "Distinguished Safety Service award of the American Automobile Association for his work in identifying and correcting pedestrian safety deficiencies. Between 1975 and 1982, Mr. Napoleon served as the City Traffic Engineer of Syracuse, New York. His technical and administrative duties included: • Design, construction and maintenance of road and safety improvements, traffic signing, signals, and pavement markings. • Proposal review and project initiation. • Representation of the municipality in matters.of litigation. • Budget, personnel, and organizational matters. • Design, maintenance and operation of municipal parking facilities. Mr. Napoleon had sole or significant responsibility for the following: * The planning and implementation of a traffic, parking, and bussing plan for a major in -city stadium (the Carrier Dome). * Capacity planning and traffic operations design for a 1500 space parking structure at an international airport (Hancock I.A.). * Planning, designing, and construction of several major down- town roadway geometric and traffic control upgrading projects. * Execution and implementation of the computer based TRANSYT 7F signal timing optimization package for a 70 signal system. Page 1 of 5 ATTACHMENT #2 6 JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT In 1982, Mr. Napoleon began a consulting provides expertise and testimony in. • Traffic accident studies and accident reconstruction. • The traffic and transportation effects of site development. engineering practice which • Planning and zoning. • Parking feasibility and design. • Roadway, intersection, and traffic • Network analysis control design. SELECTED PROJECT EXPERIENCE 1. Bergen County Department of Public Works, Division of Traffic Engineering, Hackensack, New Jersey (1969 - 1975) As a staff member of the Division, Mr. Napoleon designed and assisted in the implementation of system coordination projects, road improvements and traffic signal installations!'. He reviewed transportation plans and studies, and designed and supervised County - performed studies. Several safety projects were initiated for which letters of commendation and awards were received. 2. City of Syracuse Department of. Transportation, Syracuse, New York (1975 - 1982) Serving as City Traffic Engineer and as Acting Commissioner of the Department, Mr. Napoleon's technical and administrative duties included the design, implementation and maintenance of road and safety improvements, traffic signing, signals and pavement markings; proposal review and project initiations; representing the municipality in matters of litigation; and budget, personnel, and organizational matters. Among the projects he successfully completed for the City are. Hancock International. Airport Parking Garage Project Mr. Napoleon prepared the capacity and economic planning and traffic operations plan for this 1500 space parking structure and redesigned adjacent access /egress sidewalks and roadways. Syracuse University Carrier Dome Project As a member of the SEAR Review Committee, Mr. Napoleon headed the technical design group which prepared the Transportation Master Plan for this 50,000 seat, in -city stadium. Page 2 of 5 r. U 3 JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT Central Business District Signal Coordination Project Mr. Napoleon helped pioneer the FHWA.sponsored TRANSYT -7F signal timing optimization package. Operating under contract to the Federal DOT, he successfully executed and implemented the off -line computer based program throughout Downtown Syracuse. 3. Jim Napoleon & Associates, Transportation Engineering Consultants, Syracuse, New York (1982 - Present) Successfully completed projects of the firm include the following: Community General Hospital, Town of Onondaga, New York JN &A redesigned the campus roadway system and parking facilities to.,. function during and after the construction and exp n ansio.. of the. hospital's parking garage. :. University Inn and Conference Center, Syracuse, New York JN &A provided the traffic and transportation related expertise required for the design and operation of this inner city hotel with its related on -site pedestrian, vehicular and parking facilities. US Route 11 Reconstruction, North Syracuse, New York JN &A presented the concerns of an adversely affected group of'. citizens during the public review of State DOT liplans for the reconstruction of US Route 11. Studies were conducted and alter- native design plans, which better reflected community interests, were developed and submitted to State officials. As a result, major design revisions were made which included significant portions of the JN &A design. Rubbermaid Incorporated, Cortland, New York JN &A prepared a phase by phase assessment intended Rubbermaid industrial complex on the of the City of Cortland. In addition to gathering effort, this work involved the parking and loading areas, the scheduling of the closing of certain sections of roadway others. Page 3 of 5 of the impact of the transportation system organizing the data conceptual design of plant functions, and and the creation of J JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT Carrier Corporation, DeWitt, New York In preparation for the creation of a large (95 acre), multi -user office park, JN &A assembled the necessary data and provided a traffic impact analysis of the proposed development. Various Shopping Centers, Upstate New York Working on behalf of a number of shopping center management organi- zations, JN &A has performed the impact analysis, conceptual design, construction design and construction supervision necessary to successfully implement a transportation system which satisfactorily accommodates these high intensity land users. The shopping centers worked on range in size to over a million GSF of leasable area. Proposed Development Projects, Upstate New York Under contract to either a municipality or a developer, JN &A has provided the traffic and transportation expertise necessary for the design, review and evaluation of various proposed developments in accordance with municipal laws and ordinances and the New York State Environmental Quality Review Act. The firm has participated in projects such as the development of municipal master plans and the improvement of Regional Parks for clients such as: the Towns of Manlius and Brighton, the County of Monroe, and the Villages of Cazenovia, Fayetteville and Lansing. Various. other services have been performed for the Towns of Cicero, Walworth, and Clay and the Central New York Regional Transportation Authority. Private sector clients have included. • Pyramid Corporation, Wilmorite Shopping Centers, the New Hartford Shopping Center, New Market Development and Wal -Mart Stores; • Wegman's, P &C, Sweetheart and William's Supermarkets; • the Atlantic, Amerada -Hess and Mobil Oil Companies, • the McDonald's, Wendy's and Carrol's Corporations; • Evans Products and True -Value Hardware; • the Carrier and Rubbermaid Corporations; • and a number of other residential, commercial and industrial developers; lawyers, architects and other engineers. Page 4 of 5 ) JAMES NAPOLEON, P.E. TRANSPORTATION ENGINEERING CONSULTANT Highway Design and Construction Projects Highway Realignment and Traffic Signal Designs, NY Routes 5 & 20 - Geneva, NY Road Widening, Intersection and Traffic Signal Design, NY Route 31, Kimbrook Shopping Center - Clay, NY Intersection and Traffic Signal Reconstruction, Lansing, NY Road Widening, Intersection and Traffic Signal 104, Ames Plaza - Oswego, NY Triphammer Road - Design, NY Route Intersection and Traffic Signal Design, NY Route Shopping Center - Clay, NY 31, Marketfair Intersection and Traffic Signal Design, NY Route 17, Centerway, TRO Medical Office Building - Corning, NY Road Widening, Intersection and Traffic Signal Design, various roadways, Wegman's Supermarkets - Corning, Ithaca, and Clay, NY Intersection and Traffic Signal Design, various roadways, Brittonfield and Beacon North Office Parks DeWitt, NY Traffic Signal Designs, Main Street - Oneonta, NY Traffic Signal Design, West Street Arterial, - Syracuse, NY Accident Reconstruction Cases, Upstate New York Working under contract to the State, municipalities, insurance companies or individuals, JN &A has performed traffic accident studies and reconstruction analyses and provided expert witness services in litigations ranging in determined value from hundreds to millions of dollars. Litigated issues have included: Accident Reconstruction; Geometric Design, Construction and Maintenance; Roadway Lighting, Traffic Control Devices (signs, signal and pavement markings); Work Zone Construction and Maintenance. Clients in these matters include: Office of the Attorney General (NYS), Office of the Onondaga County Attorney, Office of the Corporation Counsel ,of the City of Syracuse, the Amica, Hartford, Home and Travelers Insurance Companies, and the law offices of: Amdursky, Pelky, Fennell & Wallen - Armani, Fitzpatrick & Snyder - Birnbaum & Rojas - Bond, Schoeneck & King - Cherundolo, Bottar & DelDuchetto - Costello, Cooney & Fearon - Coulter, Fraser, Bolton, Bird & Ventre - Devorsetz, Stinziano, Gilberti & Smith 7 James K. Eby Germain & Germain - A. Matthew Gordon - Hancock & Estabrook - Hoffmann, Hubert, & Hoffmann - Robert E. 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BI i 315 -377 Pine Tree Road I 111658 . 380 Pine Tree Road I 19552 Ithaca, NY 14850 i 322 -350 Pine Tree Road I 33634 Ides= 22121 Sq. Ft. Ithaca, NY 14850 Small Retail= 11513 i 302 Pine Tree Road 3549 Ithaca, NY 14850 i ie) 381 Pine Tree Road 2560 Ithaca, NY 14850 301 Pine Tree Road I 1500 Ithaca,_ NY 14850 TCTC (Bank Branch- Drive Elthe 2 Ellis Hollow Road Thru)_ ca, NY 14850 480 Light Manufacture 1022 Ellis Hollow Road 3920 Ithaca, NY 14850 Professional Office 1018 Ellis Hollow Road 61041 (Dentist) Ithaca, NY 14850 Best Western Motel — Judd Falls Road 49070 Motel= 46340 Sq. Ft. Ithaca, NY 14850 i Restaurant= 2730 Sc t' Car Wash 383 Pine Tree Road i 3061 Self Serve= 1740 Sq Ithaca, NY_14850 ' Automatic= 1321 Sq. i Garden Apartment I Ellis Hollow Road 700261 (GroffASC.) 11thaca, NY 14850 ISummerhill Townhouse ISummerhill Townhouse 1026 Ellis Hollow Road 29* 9864 Ithaca, NY 14850 Ellis Hollow Road 46688 Ithaca, NY 14850 1 VACANT COMM. LAND Road 10X174 Feet Judd Falls 1006 Ellis Hollow Road 1.87 Acres i Judd Falls Road 1.48 Acre Judd Falls Road ! 1.93 Acres — Ellis Hollow Road 1 Acre !Judd Falls Road 5.56 Acres Ft. Ft. . Ft. Ft. I Ft. Ft. . Ft. Ft. No n T S EkccI vtN HOLLC .f RATE: F /ROAD (Jan_ 9 TREE RD'AD AN D NO =ACT Nll I PI Z 7 ►71 FUg "MI* A\ o it l�. ef A\ o it B� Kv+y 60ju. mm 700 C9 �+ 600 c� w ' 500 �i 400 w 300 Z 200 100 0 LTraf�z` 53 TRAFFIC COUNTS ON PINE TREE ROAD: PEAKS AT 7 AM AND 3 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 TIME OF DAY TRAFFIC SOLlff10NS Counted By: L Urchin ill Lafayette Road. Suite 620 Syracuse. New York 13205 Start Dace: 11/22/98 1 (315 -692 -9705) File L.D. PISYNMID Page 3 Peak Hour Analysis Ely Entire Intersection for the Period: 11:30am to 01:15pm on 11/22/98 Start Peak Hr Volumes ......... t Direction Street Name Peak Hour Factor Left Thru Rght Total From North Pine Tree Road 12:30pm .698 ..70 �. 0 215 From East Snyder Hill Road 594 15 0 o 95 1. From South Pine Tree Road .739 0 '177 198 c_.... w... _ e 0 0 0 0 0.0 0.0 Movement 1 Pine Tree Road 145 70 177 80 257 Inbound 215 Outbound 257 Total 472 •'s . Inbound Outbound Total 15 145 160 Pine Tree Road 198 160 358 I 177 CH Site Code (SUJDAY) Percentages Left Thru Rght 32.5 67.4 _0 L5.7 .0 86.2 .0 89.3 10.6 0.0 Inbound Outbound Total 2 FiP1 95 91 15 186 70 91 21 C TRAFFIC SOLUTIONS C� • 111 Lafayette Road, Suite 620 Site Code 000000 aun-ed by L Turchin Syracuse, New York 13205 Start Dace: 11128/ 3,rd 4 (315 -492 -9705) File D. 87 7c ier Page 3 Peak Hour Analysis Hy Entire Intersection for the Period: 11:30am to 01:15pm an ::/28/98 ^� m r Start Peak Hr �� L11 54�''�``��( Volumes Percentages O:rection Street Name Peak Hour Factor Left Thru Rght Total Left Thru R ht , From North Judd Falls Road 12:15pm .905 7 0 145 152 4.6 .0 95.3 From East State Route 366 .926 0 186 3 189 .0 98.4 1.5 ,From South .0 0 0 0 0 0.0 0.0 0.0 From Hest State Route 366 .893 146 172 0 318 45.9 54.0 .0 Movement 1 Judd Falls Road 145 7 146 3 149 State Route 366 331 186 145 146 Inbound 152 Outbound 149 Total 301 3 Inbound 318 Inbound 189 utbound 331 Outbound 179 172 Total 649 Total 368 186 7 172 179 State Route 366 i ft J u I. 14, 1999 10 : 38AM Tel: (work) (301) 405 -1950 CIVIL ENG Everett C. Carter 10509 Unity Lane Potomac, MD 20854 July 13, 1999 David Stolz, Chair, and board members Zoning Board of Appeals Town of Ithaca 126 E. Seneca St. Ithaca, NY 14850 No. 3873 r. U i From:CARTER Tel: (home) (301) 762 4176 Re: Proposed Burger King Restaurant at East Hill Plaza — Review and Critique Dear Chaiman Stotz and ZBA members: At the request of the East Hill Citizen's Association I have reviewed the impact of the Burger King drive - through and restaurant proposed for 1006 Ellis Hollow Road (adjacent to the East Hill Plaza). This letter summarizes my review of those impacts. In general, I find that this project will have serious safety impacts on the area inside and outside the East Hill Plaza. The project will also seriously inconvenience neighboring residents. I I have reviewed the traffic impact study (TIS) prepared by the .consulting firm, Traffic Solutions, as well as the technical appendices. In addition, I have reviewed various relevant documents provided to me, including: 1. Trip Generation Manual, 6t' Edition, ITE', 1997. 2, Trip Generation Handbook, ITE, 19980 3. Transportation Project Report, Route 366 Over Cascadilla Creek, N.Y. State DOT, Oct. 19980 4. Transportation Plan for the Northeast Subarea, Tompkins County N.Y., Draft, 1999. 5. Excerpts from: a. Town of Ithaca, Comprehensive Plan, 1993. b. Accident Data, 1983 — 1997. c. Independent Traffic counts, Tompkins County, April, 1999. d. Site Development Plan Review Procedure and Guidelines, N.Y. Dept. of State. e. Local Zoning Ordinance There are several concerns, which were found. They are listed below and will be discussed in the following pages: A. Safe — Within the East Hill Plaza ATTACHMENT #5 144 iyyy IU:JyAivi i,iVii, city B. Safe — Outside the Shopping Center Site C. Serious inconvenience to nearby inhabitants D. Safety of Proposed egress and access. E. General effect on the community as a whole F. Traffic Impact Study — Assumptions and Procedures A. SAFETY — INSIDE 1100 JU /J r. J/I From:CARTER L 1. The gap between the Citgo station and the parking lot, which 100 cars an hour have been observed (on Saturday mid -day) as an illegal entrance to the Ellis Hollow /Pine Tree /Mitchell St. intersection. }Vehicles enter on to Pine Tree, then make a left hand turn, all within 50 yards or so of the actual intersection. A. Dangerous Maneuver! Cornell University (owners of the Plaza) has indicated that it will narrow this gap to 200 feet (it is now 60 ft, wide) to solve the problem. But there is no traffic control, and it will be more dangerous, not less. The tall Burger King sign will entice drivers from Pine Tree Road and from the west to use this path, even more than the current use. 20 The stacking distance is too short in the drive through — about 150 ft. or enough for six cars. It is recommended that adequate queuing space equal the 15- minute demand. The consultant estimates up to 58 vehicles in the peak hour or 14.5 in 15 minutes. Thus, you can expect a spillback within the site and back on to the driveways and access roadway. Huge conflicts will result. 30 Pedestrians from Ellis Hollow Apartments (senior housing in back of the CFCU bank) or from the main shopping strip of the Plaza have no accommodation to cross the congested EIIis.Hollow Rd. entrance drive to the Plaza. Vehicles will be entering and leaving the TCTC bank drive - thru, the CFCU bank drive -thru, and the Burger King drive -thru in the same area where pedestrians would have to cross to get to the Burger King. Access to Burger King for the senior citizens in Ellis Hollow Apts. is cited as a good reason to permit Burger King to build there, but no one has realized that they will face a congested access road with lots of conflicting movements and cars trying to get into the Plaza as they cross to try to get to Burger King. 4. The Proposed Operation is not safe because of the way that the driveways for all of the drive4hru's converge. See site plan. The four driveways that are on the Ellis Hollow Rd. service roadway are: (1) TCTC bank drive through, (2) CFCU drive through, (3) Burger King drive * see NY Vehicle and Traffic Law, Section 1225 ) Jul i4. 1999 10:39AM CiViL ENG From through, and (4) CFCU parking lot. (1) and (2) are directly across the access roadway from one another, and 65 ft. -away (3) and (4) are directly across the access roadway from each other. r. 4/ 7 CARTER a It is recommended that drive through driveways should be separated by 300 feet. *But the applicant is proposing only 65 ft. separation. There will be backed -up traffic and potential for accidents with this driveway arrangement. B. SAFETY OUTSIDE THE PLAZA 1. Added traffic to Rt. 366 /Pine Tree Rd. /Judd Falls Rd. intersection will make it more unsafe. Burger King. has modeled in a traffic signal so that the LOS of F can be improved to C, but according to the New York State DOT, they have not yet decided whether to re -align this intersection or not. Only if it is re- aligned can it be signalized, and if it is signalized it still is expected to operate at LOS D. *# This is also a dangerous intersection. 20 Mitchell Street: The shortest route downtown from the proposed Burger King uses Mitchell Street. There is an elementary school at the intersection of Mitchell St. and Cornell St., just a few blocks away. The Burger King traffic study shows no Burger King traffic using Mitchell Street. But Burger King's morning peak hour is the hour that children are walking across Mitchell St. to get to school in the morning. Some Burger King traffic will surely go through this neighborhood to get downtown, and this causes a safety hazard to children walking to school. 30 Increased traffic on Pine Tree Rd. will make the residential stretch of Pine Tree neighborhood less safe. There are 50 driveways in 2800 feet of road, little shoulder on the road, houses close to the road, and elderly residents. There are also 28 driveways that cars have to back out onto Pine Tree Rd. There is a substantial accident record for this road segment. C. INCONVENIENCE TO NEARBY INHABITANTS 1. Decreases in the level of services at many intersections, especially Pine Tree Rd. and Rt. 366, will cause serious inconvenience to neighborhood residents. " ** * See Northwestern University, Traffic Institute, Course Notes, Advanced Traffic Engineering ** N.Y. State DOT, Transportation Project Report, Route 366 over Cascadilla Creek, Oct 1998 * ** See, for example, Burger King TIS, pp 12,13 T- T _ _ _. _ _ - - - __. _ • JUI, l4. lyyy i i 1 lU Jyhiw l,1VlL OV 110, Jo l J r. 0/ 1 From:CARTER 4 2. Another serious inconvenience is that the added Burger King traffic will make it still harder to get out of driveways on Pine Tree Rd., get the mail from mailboxes across the street, more dangerous for the school busses that stop on Pine Tree. Rd., and, in general, more conflicts and hazards. D. SAFETY OF PROPOSED ACCESS AND EGRESS 1. The stacking space is inadequate for the drive through. Even if they cut the service time in half (from 3.5 to 1.75 minutes), at the end of the peak hour. 24 of the 58 vehicles are still in queue. The cars waiting to go through will stack out in the Plaza service drive, and then back -up into the access roadway. 2. Access for pedestrians is not safe. There are no marked paths or walkways for the Plaza entrance roadway. It is dangerous to walk to Burger King from Ellis Hallow Apartments (senior housing in back of the CFCU bank) or from the main shopping strip of the Plaza. There is no accommodation for pedestrians to cross the congested Ellis Hollow Rd. entrance drive — see Discussion under A -3. 30 Access and egress is not safe because of the way that the driveways for all of these three drive - through (TCTC bank just north of Burger King site, CFCU bank, Burger King) converge. See site plan. The four driveways that are on the Ellis Hollow Rd, service entrance are all too close together. There will be backed -up traffic and a potential for accidents if this site design is built. East Hill Plaza TCTC Bank drive -thru CFCU drive-thru j, Credit Union Burger King Parking Lot 1� Ellis Hollow Rd. E. GENERAL EFFECT ON THE COMMUNITY AS A WHOLE There is discussion above, under Ate, B -2, B -3, D -2 F, COMMENTS ON CONSULTANT'S TRAFFIC IMPACT STUDY 1. Data Errors: There are several data errors in the TIS such as: a, count dates and days L- _ J U I i4.1yyd tu:4UAIA CONCLUSION V l 4 l L �iry JO i J r. of From:CARTER Z) 1. The appendix contained counts for a) Sunday - represented as Saturday peak hour b) Monday & Friday — Tues, Wed, Thurs are used as typical weekdays — but the consultant used Monday and Friday counts. c) Thanksgiving Week — in a University town there is a huge reduction in traffic. d) Some base case intersections had larger movements than case "Build A" or "Build B,` both adding Credit Union and Burger King developments. e) For some intersection capacity analysis the turning movements differed from those shown on the count sheets (e.g. Fig 3 & Fig 166) ?? 2. Count times — Even though Automatic (tube) counts showed the peak hours as earlier than usually expected, (e.g. 64 a.m.), the consultant did turning movement counts at 7 -9 a.m. and 4-6 p.m. 3. There is no evidence that the consultant analyzed the impact of the Summerhill Apartments (60 new units), which are approved for construction. Yet the trips generated by this development will add trips through key intersections and neighborhood roads which have already been identified as transportation problems in the NESTS draft study and in the Town of Ithaca 1993 comprehensive Plan. 4. Safety was largely ignored by the consultant. 5. Trip Generation — The 1997, 6'h Edition of the ITE Trip Generation Shows: 1) Small sample sites with a warning that it is not statistically sound and is to be used with caution. Because of the unusual setting near a major university campus, it would have been very appropriate to have done an analysis for a high and a lower number of trips. Similarly, pass -by trips show a large scatter; high and low percentages of pass -by trips would have provided a reasonable analysis. Because of the uncertainty of ITE trip generation and by -pass trips, using an average means that the consultants estimated traffic impact could be in error by as much as 50 %. The applicant's analysis .and assumptions significantly affect the traffic impact. There are substantial safety impacts with the proposed Burger .King Restaurant. The added traffic will reduce the level of service (LOS) in the street network causing 2 _ � a �— 1 Jul, L }, IjJJ LU•4Unlrl �41vii. GIYV A0, J01 From:CARTER 0 inconvenience to neighboring residents. The TIS does not show "no health (air quality with stacked vehicles, idling) or Safety impacts." There is serious doubt about the validity of the trip generation and intersection analysis done by the Burger King consultant, because of the numerous errors, the mixing up of the data (example: Saturday data submitted for weekday calculations), the failure to assess the impact of proximity to a major university campus on trip generation, and the failure to take peak hour data at the real peak traffic times for this particular community. The proposed Burger King drive- through and restaurant should be denied at this site at 1006 Ellis Hollow Road. Sincerely yours, Everett C. Carter, Ph.D. Transportation Consultant � �Vie� 4 �fir' - \ f p�. 1 3 ,�x L+rxi � � r�. • 'I � 1! x'� . a � •ti� , ��l - � Uhf .a �,- `�-,per 11•� }• '-'':r 4t-j- Alw �.. ,,• �,. s' 4s Vv FA ..,� ;`�.� ,icy..'�,r�"y;,�'.,'•�,-�'�'rr��" x� , -i �.�' ' j' r/ ••?� � ;+' {t lit yJ� - _� _ ,Fti+ �}. w� x.4 +',1 ;r. ,� '.�4 * ,•� f' Fe'!i��, �s .� �in �oa ',, ��6 �' 9_.'F m a d'$ F W-T AS - •Q � dN � Ln �- a ooh= �4 VI t7 x NYilk IV ..t ��c,W .,-t m� w��"��.u 3 (vl ��d 2 m� .•. `qq 71F K OL jn�pana �f 00 . 9„ a cWl 0 23 2 �S11N—fC/la Q�\ �L TA��xryry ti;sS��2nx N N �•! gA�l'ISA �Yay �• ND2a-�F� A�m G Ad1 u�i m - � `{mm2 O La MA mNu,m'-s T zd a2 .` �\ 3i MANN �t]I•U`� � N� �. �3� ASO c .xci a� •_ � ,�� / - V pxj�� R$��g(GAwa(A��g•� � 2�(/1 fAy��-1� iq'^�g SS�f/iN�o�i�� 3 mm3 f n 3 mR3 WN�LON m c3wt� P�n'_c3 �N Il A3 � Pn o� `2 ow3 ,, � S 'a m'1' IF 5 IL T W N lT H it-1 � ry7' •S [ m � �nPF is�— X •� � � N � � AAS '' � � � � N Ward Hungerford July 28, 1999 A Division of Public Works TOMPKINS COUNTY MB 170 Bostwick Rdad,. {thac4; N) '60�- �7Q =O�tiO 'FAX 607 = 272 =8489 k' Mr. Lawrence Turchin Traffic Solutions Re: CLASS Interim Accident Summary Dear Mr. Turchin: AYS 14850 Highway Manager Enclosed is the Interim Accident Summary of the previous three reporting years for the following locations: CR110 Nodes 8134 -8147 CR120 Nodes 8133 -8132 CR 174 Nodes 8144 -8148 The map enclosed predates the alignment of the Judd Falls/Pine Tree intersection, but is provided for reference. Please let me know if I can be of further assistance. Sincerely, 0 ardA. Highway WAH/gll file: C:TURCHIN- TRAFSOL.doc Enclosure ATTACHMENT #7 t Recycled paper 54 N 952 fER7 N"^m I F:'IE'8 pry Is 22 q� 75E; \ ,7564 75E5 ', c' 1 07!28/99 WED 15 :02 FAX 518 457 1780 a� 2ti_ �:.e- Sti Coo li l J' r r _ .od' r '- Samoa I ,,.. r . - .� �'::' r t :.':. WON` .v rte: k { X TRAFFI Ci YLI I YG III mama -_ Mae Alen: max X _ mmmm am Mae amel M, Mae a Mae "Ime; Mama Oman Mae, Iri'YSDOT MAIN OFFICE TRANSP. PLANNINGnMA + + C ENGINEERING FAX NUMBER 457 - 90 la 0 01 TO: A AgD lQAJ6F25o 2I - of mpX I Co NwY SUPA FROM: DATE: - yr3 two �s PHONE NO. [516) - -2462 IIMMIMMIM PAGES (INCLUDING COVER SHEET) j e ke,A are. atc.A¢.n.'I III ue5 IF 0 71 . 1g198 u., �V 15:05 FAX 518 457 1780 TRAFFIC /PUNNING [1011 r4 W U U O � z r_i E-{ O W H F, a Q H P4 x cam. 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N �7 v' j c Od aQ C� Can Q r. ted 441 pEds row. °< � CD� � b# CD.-. � CD vo ... O 0.;, iE •.D ;J dF CD * CD O O R. * A. , CD CD 9 N yA y 0 J n N OF Y a4 J O 0 CD 00 e� aeD ode A A w On c' x 0. CD H ►s �o ° H� A� P n r�q R. 0 Ln CLn a� •d O El .00 H� v►ii O Ln CLn z" 0 oEl 00 ' TACHMENT It 8 z° A tTj > 0 d� aCO In<x tilO n ►C y d � �O I- ci Z tv y� O® y� n �Q M A CA E Ow ..v/ ) TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca, New York 14850 Tuesday, September 7, 1999 AGENDA 7:30 P.M. Persons to be heard (no more than five minutes total). 7:31 P.M. SEQR Determination, Wallenbeck Two Lot Subdivision, 420 Bostwick Road, 7:35 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 +/- acres from Town of Ithaca Tax Parcel No. 32 -1 -16.2, located at 420 Bostwick Road, for consolidation with Tax Parcel No. 32- 1- 17.2.1 (totaling 14 +/- acres). The proposed subdivision is in County Agricultural District No. 2 and is zoned Agricultural. Daniel Wallenbeck, Owner /Applicant, 7:45 P.M. SEQR Determination, Cayuga Medical Center Ambulance Canopy, 101 Dates Drive. 7:50 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed addition of a +/- 20 ft. X 30 fte canopy at the ambulance entrance to the Cayuga Medical Center, located at 101 Dates Drive on Town of Ithaca Tax Parcel No. 24- 3 -2.1, Residence District R -30. Cayuga Medical Center at Ithaca, Owner /Applicant; HOLT & C Architects, P.C., Agent. 8:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed modification of the previously approved site plan for the Montessori Middle School, located at 122 East King Road on Town of Ithaca Tax Parcel No. 43- 1 -3.6, Residence District R -15. The original plan, approved by the Planning Board on 5/4/99, included a total of five parking spaces on site, including two spaces in the garage. The proposed revised plan eliminates the two garage parking spaces and retains the three spaces in the parking lot. Elizabeth Anne Cline Montessori School, Owner /Applicant; Peter Demjanec, Demjanec & Associates, Architects, Agent, 8:10 P.M. PUBLIC HEARING: Consideration of Final Site Plan 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, 0 10. 11 Persons to be heard (continued from beginning of meeting if necessary). Approval of Minutes: Other Business. Adjournment. (None available at time of mailout). Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY MARY BRYANT AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) .) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS WPITMOMM 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, September 7, 1999, at 126 East Seneca Street, Ithaca, N.Y., at the following times and on the following matters: 7 :35 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 12.37 +/- acres from Town of Ithaca Tax Parcel No. 32 -1 -16.2, located at 420 Bostwick Road, for consolidation with Tax Parcel No. 32 -1 -17.21 (totaling 14 +/- acres). The proposed subdivision is in County Agricultural District No. 2 and is zoned Agricultural. Daniel Wallenbeck, Owner /Applicant, 7:50 P.M. Consideration of Preliminary and Final Site Plan Approval and recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed addition of a +/- 20 ft. X 30 ft. canopy at the ambulance entrance to the Cayuga Medical Center, located at 101 Dates Drive on Town of Ithaca Tax Parcel No, 24 -3- 2.1, Residence District R -30. Cayuga Medical Center at Ithaca, Owner /Applicant; HOLT & C Architects, P.C., Agent. 8:00 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed modification of the previously approved site plan for the Montessori Middle School, located at 122 East King Road on Town of Ithaca Tax Parcel No. 43- 1 -3.6, Residence District R -15. The original plan, approved by the Planning Board on 5/4/99, included a total of five parking spaces on site, including two spaces in the garage. The proposed revised plan eliminates the two garage parking spaces and retains the three spaces in the parking lot. Elizabeth Anne Clune Montessori School, Owner /Applicant; Peter Demjanec, Demjanec & Associates, Architects, Agent. 8:10 P.M. Consideration of Final Site Plan Approval for the proposed construction of a Burger King restaurant and drive - through at East Hill Plaza, to be located between the existing Citgo Gas Station and the existing Tompkins County Trust Company on Ellis Hollow Road. Said proposal will include: a 2,820 +/- square foot building and drive - through on a 1.859 + /- acre parcel, additional proposed parking spaces on the east side of the proposed building, proposed signs, landscaping, lighting, and outdoor seating area, located on Town of Ithaca Tax Parcel No. 62 -2 -1.22, Business "C" District. Cornell University, Owner; Rowe Restaurants, Applicant /Agent, Said Planning Board will at said times and said place hear all persons. in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Dated: Monday, August 30, 1999 Publish: Wednesday, September 1, 1999 Jonathan Kanter, AICP Director of Planning 273 -1747 Then itnaca��,lournais �� 3r� its # N �� . f a kx R VIlednscay; Septerxib�rF1,, 1999;` ; TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: September 7, 1999 PLEASE PRINTYOUR NAME PLEASE PRINTADDRE55 /AFFILIATI0N (Please PRINT to ensure accuracy in officio/ minutes) plor Mato Mw VP W1 A f :A TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: September 7, 1999 PLEASE PRINTYOUR NAME PLEAS (Please PRINT to ensure accuracy in official minutes) vl G� �L S ✓'r0 GU*f 4- �T+tACZ CC�- but" ( 9q0 F 40400 0(41 S G h u " r T C( C�v �D�✓ wbr .Wc✓� i �C /1 11,3 ,&G -2�- -- EKS&J z � To uvv lr PAW `4'Zk(� ITO e r f �vl K%%j I I'l I E, �- 1 0 AAa.-,1 z4)0,C TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET DATE: September 7, 1999 PLEASE PRINTYOUR NAME PLEASE PRINTADDRE55 /AFFILIATI0N (Please PRINT to ensure accuracy'in official minutes) 1 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce being duly sworn, depose and say that I am a Senior Typist 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 September 7 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 : Date of Publication: August 30, 1999 September 1, 1999 5.ct,,ti Sandra Polce, Senior Typist Town of Ithaca. STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 1st day of September 1999. o/ Notary Public ,-:JM-- may 171 IL